Boyle v. United States

Amicus curiae brief of the National Association of Criminal Defense Lawyers.

Brief filed: 12/01/2008


Boyle v. United States

United States Supreme Court; Case No. 07-1309

Prior Decision

Case below unpublished


The district court instructed the jury that it “may find an enterprise where an association of individuals, without structural hierarchy, forms solely for the purpose of carrying out a pattern of racketeering acts.” The notion that a RICO enterprise need not have a structure or organization apart from the enterprise’s underlying crimes themselves would expand RICO from a prohibition against certain federal and state crimes committed in the course of managing the affairs of an ascertainable organization into a sanction against multiple criminality of almost any sort.

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Richard Willstatter, White Plains, NY; William W. Taylor III and Shawn P. Naunton, Zuckerman Spaeder LLP, Washington, DC; Terrance G. Reed, Lankford, Coffield and Reed, Alexandria, VA; Samuel J. Buffone and Cassandra H. Welch, Ropes and Gray, Washington, DC.