United States v. Turkette

452 U.S. 576, 101 S. Ct. 2524, 69 L. Ed. 2d 246, 1981 U.S. LEXIS 32, 49 U.S.L.W. 4743
Supreme Court of the United States·Decided June 17, 1981·No. 80-808·Published·Cited by 2,624 cases

Opinion

Justice White

delivered the opinion of the Court.

Chapter 96 of Title 18 of the United States Code, 18 U. S. C. §§ 1961-1968 (1976 ed. and Supp. Ill), entitled *578 Racketeer Influenced and Corrupt Organizations (RICO), was added to Title 18 by Title IX of the Organized Crime Control Act of 1970, Pub. L. 91-452, 84 Stat. 941. The question in this case is whether the term “enterprise” as used in RICO encompasses both legitimate and illegitimate enterprises or is limited in application to the former. The Court of Appeals for the First Circuit held that Congress did not intend to include within the definition of “enterprise” those organizations which are exclusively criminal. 632 F. 2d 896 (1980). This position is contrary to that adopted by every other Circuit that has addressed the issue. 1 We granted cer-tiorari to resolve this conflict. 449 U. S. 1123 (1981).

I

Count Nine of a nine-count indictment charged respondent and 12 others with conspiracy to conduct and participate in the affairs of an enterprise 2 engaged in interstate commerce *579 through a pattern of racketeering activities, in violation of 18 U. S. C. § 1962 (d). 3 The indictment described the enterprise as “a group of individuals associated in fact for the purpose of illegally trafficking in narcotics and other dangerous drugs, committing arsons, utilizing the United States mails to defraud insurance companies, bribing and attempting to bribe local police officers, and corruptly influencing and attempting to corruptly influence the outcome of state court proceedings . . . The other eight counts of the indictment charged the commission of various substantive criminal acts by those engaged in and associated with the criminal enterprise, including possession with intent to distribute and distribution of controlled substances, and several counts of insurance fraud by arson and other means. The common thread to all counts was respondent’s alleged leadership of this criminal organization through which he orchestrated and participated in the commission of the various crimes delineated in the RICO count or charged in the eight preceding counts.

After a 6-week jury trial, in which the evidence focused upon both the professional nature of this organization and the execution of a number of distinct criminal acts, respondent was convicted on all nine counts. He was sentenced to a term of 20 years on the substantive counts, as well as a 2-year special parole term on the drug count. On the RICO conspiracy count he was sentenced to a 20-year concurrent term and fined $20,000.

On appeal, respondent argued that RICO was intended *580 solely to protect legitimate business enterprises from infiltration by racketeers and that RICO does not make criminal the participation in an association which performs only illegal acts and which has not infiltrated or attempted to infiltrate a legitimate enterprise. The Court of Appeals agreed. We reverse.

II

In determining the scope of a statute, we look first to its language. If the statutory language is unambiguous, in the absence of “a clearly expressed legislative intent to the contrary, that language must ordinarily be regarded as conclusive.” Consumer Product Safety Comm’n v. GTE Sylvania, Inc., 447 U. S. 102, 108 (1980). Of course, there is no errorless test for identifying or recognizing “plain” or “unambiguous” language. Also, authoritative administrative constructions should be given the deference to which they are entitled, absurd results are to be avoided and internal inconsistencies in the statute must be dealt with. Trans Alaska Pipeline Rate Cases, 436 U. S. 631, 643 (1978); Commissioner v. Brown, 380 U. S. 563, 571 (1965). We nevertheless begin with the language of the statute.

Section 1962 (c) makes it unlawful “for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs through a pattern of racketeering activity or collection of unlawful debt.” The term “enterprise” is defined as including “any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity.” § 1961 (4). There is no restriction upon the associations embraced by the definition: an enterprise includes any union or group of individuals associated in fact. On its face, the definition appears to include both legitimate and illegitimate enterprises within its scope; it no more ex- *581 eludes criminal enterprises than it does legitimate ones. Had Congress not intended to reach criminal associations, it could easily have narrowed the sweep of the definition by inserting a single word, “legitimate.” But it did nothing to indicate that an enterprise consisting of a group of individuals was not covered by RICO if the purpose of the enterprise was exclusively criminal.

The Court of Appeals, however, clearly departed from and limited the statutory language. It gave several reasons for doing so, none of which is adequate. First, it relied in part on the rule of ejusdem generis, an aid to statutory construction problems suggesting that where general words follow a specific enumeration of persons or things, the general words should be limited to persons or things similar to those specifically enumerated. See 2A C. Sands, Sutherland on Statutory Construction §47.17 (4th ed. 1973). The Court of Appeals ruled that because each of the specific enterprises enumerated in § 1961 (4) is a “legitimate” one, the final catchall phrase— “any union or group of individuals associated in fact”— should also be limited to legitimate enterprises. There are at least two flaws in this reasoning. The rule of ejusdem generis is no more than an aid to construction and comes into play only when there is some uncertainty as to the meaning of a particular clause in a statute. Harrison v. PPG Industries, Inc., 446 U. S. 578, 588 (1980); United States v. Powell, 423 U. S. 87, 91 (1975); Gooch v. United States, 297 U. S. 124, 128 (1936).

Free access — add to your briefcase to read the full text and ask questions with AI

United States v. Turkette, 452 U.S. 576, 101 S. Ct. 2524, 69 L. Ed. 2d 246, 1981 U.S. LEXIS 32, 49 U.S.L.W. 4743 (1981).

452 U.S. 576 (United States v. Turkette) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Marini v. Adamo
812 F. Supp. 2d 243 (E.D. New York, 2011)
Eaves v. Designs for Finance, Inc.
785 F. Supp. 2d 229 (S.D. New York, 2011)
Smith v. Jenkins
626 F. Supp. 2d 155 (D. Massachusetts, 2009)
AARP v. American Family Prepaid Legal Corp., Inc.
604 F. Supp. 2d 785 (M.D. North Carolina, 2009)
Vaughn v. AIR LINE PILOTS ASS'N, INTERN.
395 B.R. 520 (E.D. New York, 2008)
Prost v. Association of Flight Attendants
546 F. Supp. 2d 14 (E.D. New York, 2008)
Allstate Ins. v. VALLEY PHYSICAL MEDICINE & REHAB.
475 F. Supp. 2d 213 (E.D. New York, 2007)
Kendrick v. DA OF PHILADELPHIA COUNTY
916 A.2d 529 (Supreme Court of Pennsylvania, 2007)
Breslin Realty Development Corp. v. Schackner
397 F. Supp. 2d 390 (E.D. New York, 2005)
Ntsebeza v. Citigroup, Inc.
346 F. Supp. 2d 538 (S.D. New York, 2004)
Wood v. Inc. Village of Patchogue
311 F. Supp. 2d 344 (E.D. New York, 2004)
United States v. Kim
303 F. Supp. 2d 150 (D. Connecticut, 2004)
DeNune v. Consolidated Capital of North America, Inc.
288 F. Supp. 2d 844 (N.D. Ohio, 2003)
Hansen v. Ticket Track, Inc.
280 F. Supp. 2d 1196 (W.D. Washington, 2003)
In Re Pharmaceutical Industry Average Wholesale Price Litigation
263 F. Supp. 2d 172 (D. Massachusetts, 2003)