The U.S. Supreme Court, in Cedric Kushner Promotions, Ltd. v. King,[1]� has made RICO plaintiffs’ lives easier in pleading the “enterprise” element of civil RICO claims; at least this is true where plaintiff alleges a corporation is an 18 U.S.C. �1962(c) RICO enterprise and its officers/employees, the RICO “persons” controlling it.
To sustain a civil RICO claim, RICO plaintiffs must satisfy the so-called “distinctness requirement,” i.e., the requirement the RICO persons controlling enterprise activity are “separate and distinct” from the enterprise itself.
