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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- REVES et al. v. ERNST & YOUNG
- certiorari to the united states court of appeals for
- the eighth circuit
- No. 91-886. Argued October 13, 1992-Decided March 3, 1993
-
- A provision of the Racketeer Influenced and Corrupt Organizations Act
- (RICO), 18 U. S. C. 1962(c), makes it unlawful ``for any person
- employed by or associated with [an interstate] enterprise . . . to
- conduct or participate, directly or indirectly, in the conduct of such
- enterprise's affairs through a pattern of racketeering activity . . . .''
- After respondent's predecessor, the accounting firm of Arthur Young
- and Company, engaged in certain activities relating to valuation of a
- gasohol plant on the yearly audits and financial statements of a
- farming cooperative, the cooperative filed for bankruptcy, and the
- bankruptcy trustee brought suit, alleging, inter alia, that the
- activities in question rendered Arthur Young civilly liable under
- 1962(c) to petitioner holders of certain of the cooperative's notes.
- Among other things, the District Court applied Circuit precedent
- requiring, in order for such liability to attach, ``some participation in
- the operation or management of the enterprise itself''; ruled that
- Arthur Young's activities failed to satisfy this test; and granted
- summary judgment in its favor on the RICO claim. Agreeing with
- the lower court's analysis, the Court of Appeals affirmed in this
- regard.
- Held: One must participate in the operation or management of the
- enterprise itself in order to be subject to 1962(c) liability. Pp. 6-16.
- (a) Examination of the statutory language in the light of pertinent
- dictionary definitions and the context of 1962(c) brings the section's
- meaning unambiguously into focus. Once it is understood that the
- word ``conduct'' requires some degree of direction, and that the word
- ``participate'' requires some part in that direction, it is clear that one
- must have some part in directing an enterprise's affairs in order to
- ``participate, directly or indirectly, in the conduct of such . . . affairs.''
- The -operation or management- test expresses this requirement in a
- formulation that is easy to apply. Pp. 6-9.
- (b) The ``operation or management'' test finds further support in
- 1962's legislative history. Pp. 9-13.
- (c) RICO's ``liberal construction'' clause-which specifies that the
- ``provisions of this title shall be liberally construed to effectuate its
- remedial purposes''-does not require rejection of the ``operation or
- management'' test. The clause obviously seeks to ensure that
- Congress' intent is not frustrated by an overly narrow reading of the
- statute, but it is not an invitation to apply RICO to new purposes
- that Congress never intended. It is clear from the statute's language
- and legislative history that Congress did not intend to extend
- 1962(c) liability beyond those who participate in the operation or
- management of an enterprise through a pattern of racketeering
- activity. Pp. 13-14.
- (d) The ``operation or management'' test is consistent with the
- proposition that liability under 1962(c) is not limited to upper
- management. ``Outsiders'' having no official position with the
- enterprise may be liable under 1962(c) if they are ``associated with''
- the enterprise and participate in the operation or management of the
- enterprise. Pp. 14-15.
- (e) This Court will not overturn the lower courts' findings that
- respondent was entitled to summary judgment upon application of
- the ``operation or management'' test to the facts of this case. The
- failure to tell the cooperative's board that the gasohol plant should
- have been valued in a particular way is an insufficient basis for
- concluding that Arthur Young participated in the operation or
- management of the cooperative itself. Pp. 15-16.
- 937 F. 2d 1310, affirmed.
- Blackmun, J., delivered the opinion of the Court, in which
- Rehnquist, C. J., and Stevens, O'Connor, and Kennedy, JJ., joined,
- and in all but Part IV-A of which Scalia and Thomas, JJ., joined.
- Souter, J., filed a dissenting opinion, in which White, J., joined.
-
-