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 withSource:
docroot/ir/usc/title18.jsonl#title18_sec1962; Unicode character offsets [1601:1631] (end exclusive); SHA-256 6caae47f43b5ab0899b660616e298363bd36f9f540d915c2be11eb7126f5e27d.All variants
| Variant | Description | Merits instance blocks | Distinct cases | Example cases (up to 3 per group) |
|---|---|---|---|---|
| employed-by/officer-and-owner | 0 Satisfied 0; not satisfied 0; excluded context 1 | 0 | No counted merits examples Excluded context examples: /us/533/0158-01 — Supreme Court of the United States · 2001 — rule-announced/merits | |
| Unspecified variant | No variant assigned in the database. | 0 Satisfied 0; not satisfied 0; excluded context 4 | 0 | No counted merits examples Excluded context examples: /f-supp-2d/118/0392-01 — United States District Court for the Southern District of New York · 2000 — applied/merits; /f2d/624/1118-01 — United States Court of Appeals for the Second Circuit · 1980 — applied/merits; /us/507/0170-01 — Supreme Court of the United States · 1993 — applied/merits |
How courts decided this element
| Case | Element | Holding and scope | Variant | Exact source quotations |
|---|---|---|---|---|
| /f-supp-2d/118/0392-01 — United States District Court for the Southern District of New York · 2000 | Defendant employed by or associated with the enterprise (§ 1962(c)) | not_reached Excluded from merits counts applied / merits claim: (a),(c),(d) | Unspecified variant | No source quotation recorded for this block. |
| /f2d/624/1118-01 — United States Court of Appeals for the Second Circuit · 1980 | Defendant employed by or associated with the enterprise (§ 1962(c)) | not_reached Excluded from merits counts applied / merits claim: (c) | Unspecified variant | No source quotation recorded for this block. |
| /us/507/0170-01 — Supreme Court of the United States · 1993 | 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 variant | No source quotation recorded for this block. |
| /us/533/0158-01 — Supreme Court of the United States · 2001 | 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. |
| /us/556/0938-01 — Supreme Court of the United States · 2009 | Defendant employed by or associated with the enterprise (§ 1962(c)) | not_reached Excluded from merits counts rule-announced / merits claim: (c),(d) | Unspecified variant | No 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.
/us/533/0158-01 — Supreme Court of the United States · 2001
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.
/us/507/0170-01 — Supreme Court of the United States · 1993
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.