United States v. Turkette

452 U.S. 576 (1981).

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Turkette (D) and 12 others were charged with conspiracy to conduct and participate in the affairs of an enterprise engaged in interstate commerce through a pattern of racketeering activities, in violation of 18 U.S.C. § 1962(d). The enterprise was defined 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 . . . .' 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, D 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, D argued that RICO was intended 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. The Supreme Court granted certiorari.