Does section 1962(b) require an allegation of racketeering to allege an enterprise separate from the alleged persons?

MultiRegion, United States of America

The following excerpt is from McGuire v. Levin, 9 F.3d 1552 (9th Cir. 1993):

Appellants contend the district court erred by finding they were required to allege the existence of an "enterprise" distinct from the "persons" alleged to be the defendants. Appellants are correct that section 1962(b) does not require that the 'person' and the 'enterprise' be distinct," Sever, 978 F.2d at 1535 n. 3, but they misapprehend the district court's holding. The district court did not find that the "person" and "enterprise" must be distinct. Rather, the court correctly stated that appellants failed to allege sufficiently the existence of an enterprise apart from a pattern of racketeering activity. See United States v. Turkette, 452 U.S. 576, 583 (1981). Thus, the point appellants raise is irrelevant.

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