High Court Reins In RICO

Although the U.S. Supreme Court last week ducked the questions everyone expected it to answer in two unrelated challenges under RICO, high court observers viewed the outcome basically as a victory for anti-civil RICO forces. The issues not resolved -- the scope of the "enterprise" definition in RICO and whether "reliance" is required in RICO mail and wire fraud claims -- will continue to divide the lower courts and inevitably return to the Supreme Court, according to RICO litigators and scholars.

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