holding that an entity may be both the liable "person" and part of the RICO "enterprise" where the enterprise consisted of more than the entity itself
Summary of this case from U.S. v. Crysopt Corp.No. 86-1778.
June 26, 1987.
C.A. 2d Cir. Certiorari denied. Reported below: 811 F. 2d 698.
holding that an entity may be both the liable "person" and part of the RICO "enterprise" where the enterprise consisted of more than the entity itself
Summary of this case from U.S. v. Crysopt Corp.holding CPLR 214, rather than 213, applicable to civil RICO claim, because state law claim could be established without proof of criminal conduct or “any other elements of civil RICO”
Summary of this case from People v. Credit Suisse Sec. (USA) LLCdeclining to exercise such discretion
Summary of this case from Applewood Landscape, Nursery v. Hollingsworthstating that "where state procedures — though arguably imperfect — provide a suitable form of pre-deprivation hearing coupled with the availability of meaningful judicial review, the Fourteenth Amendment guarantee of procedural due process is not embarrassed"
Summary of this case from Burnham v. City of Salem, Mass.applying the Fifth Circuit's tripartite test for overcoming the assertion of the privilege
Summary of this case from Campbell v. KlevenhagenFull title:NASSAU COUNTY REPUBLICAN COMMITTEE ET AL. v. CULLEN ET AL
Court:U.S.
Date published: Jun 26, 1987
"[I]t goes only to the penalty imposed rather than to the individual's criminal liability." United States v.…
State v. Cedar Park Concrete Corp.An assertion of the informer's privilege requires the court to " balanc[e] the public interest in protecting…