Posner v. United States

Parentheticals

• noting that other courts had dealt with the issue, the Court declined defendant’s invitation to re-consider the constitutionality of RICO

  United States v. Young & Rubicam, Inc.

• setting forth standards for determining “[wjhether a congressionally generated document has become an agency record”

  The Bureau of National Affairs, Inc. v. United States Department of Justice Environmental Defense Fund v. Office of Management and Budget

• permitting the inclusion of a group of corporations as an enterprise even though a group of corporations is not a group of individuals associated-in-faet within the meaning of the definition of enterprise

  Puerto Rico American Insurance v. Burgos

• affirming under Exemption 3 district judge’s decision based upon Exemption l

  Stephen Hrones v. Central Intelligence Agency

• in view of the broad construction of RICO, a group of corporations can form an enterprise

  Dana Corporation v. Blue Cross & Blue Shield Mutual Of Northern Ohio

• “RICO poses a danger of abuse [through] attempts to apply the statute to situations for which it was not primarily intended.”

  Mathon v. Marine Midland Bank, N.A.

• RICO criminal forfeiture statute which keys forfeiture to the magnitude of a defendant's criminal enterprise, does not violate eighth amendment's proportionality requirement

  No. 87-4011

• for Eighth Amendment purposes, “there is no substantial difference between an in rem proceeding and a[n in personam criminal] forfeiture proceeding brought directly against the owner”

  United States v. Certain Real Property and Premises Known as 38 Whalers Cove Drive, Babylon, New York, Edward J. Levin, Claimant-Appellant

• the Attorney General’s power to seize the property upon the terms and conditions set by the court provides for limited judicial modification of the forfeiture order

  United States v. Charles S. Kravitz

• forfeiture is constitutional when “keyed to the magnitude of a defendant’s criminal enterprise as it is in RICO”

  United States v. Regan

• RICO criminal forfeiture statute which keys forfeiture to the magnitude of a defendant’s criminal enterprise, does not violate eighth amendment’s proportionality requirement

  United States v. Tax Lot 1500

• in view of the broad construction of RICO, a group of corporations can form an enterprise

  Dana Corp. v. Blue Cross & Blue Shield Mutual of Northern Ohio