District Judge Andrew L. Carter


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Alphas is sole shareholder of Alphas Co. of N.Y. Inc. (Company), a wholesale food distributor under a bankruptcy trustee’s control. Alleging conspiracy and substantive RICO violations, Alphas —on his own and Company’s behalf—sued the cooperative operating the Hunts Point Terminal Produce Market, the union providing workers to cooperative members, and their lawyers. He claimed they alleged the Company’s illegal eviction; barred access to the Company’s leased properties; dumped its property; litigated against Alphas and the Company; and prevented customers, suppliers and potential financiers from doing business with Alphas and the Company in order to pressure him to sell his leased unit, or run a union shop. The court dismissed suit, finding Alphas failed to state a claim under RICO and lacked standing to bring the instant RICO action in his individual capacity. He could not show any RICO violation causing him direct injury. Nor did the loss of or damage to Company property satisfy RICO’s causation element. Because he failed to allege any injury proximately caused by defendants’ predicate acts, Alphas could not bring any RICO conspiracy claims.