Defendant employed by or associated with the enterprise (§ 1962(c))

AND · 18usc1962:association

Covers both insiders ("employed by") and outsiders ("associated with") who exert control or participate in directing enterprise affairs, but excludes the enterprise itself.

Exact element source

employed by or associated with
Source: docroot/ir/usc/title18.jsonl#title18_sec1962; Unicode character offsets [1601:1631] (end exclusive); SHA-256 6caae47f43b5ab0899b660616e298363bd36f9f540d915c2be11eb7126f5e27d.

Routes and case patterns

Curated routes and observed case patterns
RouteDefinitionMerits instance blocksDistinct merits casesExamples (up to 3 cases per count group)
Unclassified route
provisional; 4 observed cases
no definition yet0
Satisfied 0; not satisfied 0; excluded context 4
0

Used only in non-merits blocks (4).

Excluded context examples:

Goldfine v. Sichenzia — 118 F. Supp. 2d 392 (2000) · United States District Court for the Southern District of New York · 2000 — not reached · basis not recorded (18usc1962: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-QA1.md) · changed after review; current content not independently reviewed) · applied/merits · not counted
Pattern: not recorded

United States v. Weisman — 624 F.2d 1118 (1980) · United States Court of Appeals for the Second Circuit · 1980 — not reached · basis not recorded (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed) · applied/merits · not counted
Pattern: not recorded

Reves v. Ernst — 507 U.S. 170 (1993) · Supreme Court of the United States · 1993 — not reached · basis not recorded (18usc1962: author: Fable · not independently reviewed) · applied/merits · not counted
Pattern: not recorded

_whole
accepted; provisional (1 case)
The element is decided as a whole: the reasoning turns on no narrower doctrinal sub-question that distinguishes it from any other application of this element.0
Satisfied 0; not satisfied 0; excluded context 1
0

Used only in non-merits blocks (1).

Excluded context examples:

Cedric Kushner Promotions, Ltd. v. King — 533 U.S. 158 (2001) · Supreme Court of the United States · 2001 — not reached · basis not recorded (18usc1962: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-v1-QA1.md) · changed after review; current content not independently reviewed) · rule-announced/merits · not counted
Pattern: employed-by/officer-and-owner

How courts decided this element

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
Goldfine v. Sichenzia — 118 F. Supp. 2d 392 (2000) · United States District Court for the Southern District of New York · 2000 — not reached (18usc1962: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-QA1.md) · changed after review; current content not independently reviewed)Defendant employed by or associated with the enterprise (§ 1962(c))not_reached
Excluded from merits counts
applied / merits

claim: (a),(c),(d)

Unspecified routeNo source quotation recorded for this block.
United States v. Weisman — 624 F.2d 1118 (1980) · United States Court of Appeals for the Second Circuit · 1980 — not reached (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)Defendant employed by or associated with the enterprise (§ 1962(c))not_reached
Excluded from merits counts
applied / merits

claim: (c)

Unspecified routeNo source quotation recorded for this block.
Reves v. Ernst — 507 U.S. 170 (1993) · Supreme Court of the United States · 1993 — not reached (18usc1962: author: Fable · not independently reviewed)Defendant employed by or associated with the enterprise (§ 1962(c))not_reached
Excluded from merits counts
applied / merits

claim: (c)

The Court notes "outsiders" may be liable if "associated with" the enterprise AND participating in its operation or management; whether Arthur Young was "associated with" the Co-Op is not separately decided.
Unspecified routeNo source quotation recorded for this block.
Cedric Kushner Promotions, Ltd. v. King — 533 U.S. 158 (2001) · Supreme Court of the United States · 2001 — not reached (18usc1962: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-v1-QA1.md) · changed after review; current content not independently reviewed)Defendant employed by or associated with the enterprise (§ 1962(c))not_reached
Excluded from merits counts
rule-announced / merits

claim: (c); party: Don King, president and sole shareholder of Don King Productions (defendant; the alleged "person"); Don King Productions, a corporation (non-party; the alleged "enterprise"); subject: party=Don King, president and sole shareholder of Don King Productions (defendant; the alleged "person"); Don King Productions, a corporation (non-party; the alleged "enterprise")

Was `satisfied [pleaded]`. The sentence is a step in the distinctness reasoning (a corporate employee is naturally a "person employed by" the corporation); whether King was employed by or associated with the enterprise was not put in issue or decided.
employed-by/officer-and-owner
It is natural to speak of a corporate employee as a “person employed by” the corporation.
Source: docroot/ir/caselaw/us_533.jsonl#/us/533/0158-01; Unicode character offsets [8149:8238] (end exclusive); SHA-256 4a05c3529d1a4290e7525b1ae0fd4713c5f1ea12a0eeedd68da3f1beb58dbc82.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Boyle v. United States — 556 U.S. 938 (2009) · Supreme Court of the United States · 2009 — not reached (18usc1962: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-v1-QA1.md) · changed after review; current content not independently reviewed)Defendant employed by or associated with the enterprise (§ 1962(c))not_reached
Excluded from merits counts
rule-announced / merits

claim: (c),(d)

Unspecified routeNo source quotation recorded for this block.

Court interpretations

interpretation

It is natural to speak of a corporate employee as a “person employed by” the corporation.

Cedric Kushner Promotions, Ltd. v. King — 533 U.S. 158 (2001) · Supreme Court of the United States · 2001 (18usc1962: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-v1-QA1.md) · changed after review; current content not independently reviewed)

It is natural to speak of a corporate employee as a “person employed by” the corporation.
Source: docroot/ir/caselaw/us_533.jsonl#/us/533/0158-01; Unicode character offsets [8149:8238] (end exclusive); SHA-256 4a05c3529d1a4290e7525b1ae0fd4713c5f1ea12a0eeedd68da3f1beb58dbc82.

Covers both insiders ("employed by") and outsiders ("associated with") who exert control or participate in directing enterprise affairs, but excludes the enterprise itself.

interpretation

An enterprise is “operated” not just by upper management but also by lower rung participants in the enterprise who are under the direction of upper management. An enterprise also might be “operated” or “managed” by others “associated with” the enterprise who exert control over it as, for example, by bribery.

Reves v. Ernst — 507 U.S. 170 (1993) · Supreme Court of the United States · 1993 (18usc1962: author: Fable · not independently reviewed)

An enterprise is “operated” not just by upper management but also by lower rung participants in the enterprise who are under the direction of upper management. An enterprise also might be “operated” or “managed” by others “associated with” the enterprise who exert control over it as, for example, by bribery.
Source: docroot/ir/caselaw/us_507.jsonl#/us/507/0170-01; Unicode character offsets [21209:21518] (end exclusive); SHA-256 2419fe5704d7ee89eb2a2ed333e17382cbc6492e0021af1984bb9a47dcfe95a2.

Covers both insiders ("employed by") and outsiders ("associated with") who exert control or participate in directing enterprise affairs, but excludes the enterprise itself.