United States Second Circuit

A judgment of acquittal after conviction for racketeering conspiracy is reversed where: 1) given the level of generality at which the indictment alleged the principal purpose of the RICO enterprise, the evidence, viewed as a whole and in the light most favorable to the government, did not permit conclusion that the enterprise ceased to exist prior to March 9, 2000 as a matter of law; and 2) defendants were not entitled to acquittal on the RICO conspiracy count on the theory that either their "services" enterprise or their conspiracy to conduct that enterprise though a pattern of racketeering activity had ended before such date.

Appellate Information

• Decided 09/18/2008
• Published 09/18/2008

Judges

Court

• United States Second Circuit

Counsel