Cedric Kushner Promotions, Ltd. v. King Case Brief

Facts of the Case

“Petitioner, a corporate promoter of boxing matches, sued respondent Don King, the president and sole shareholder of a rival corporation, alleging that King had conducted his corporation’s affairs in violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) through the alleged commission of at least two instances of fraud and other RICO predicate crimes. RICO made it “unlawful for any person employed by or associated with any enterprise to conduct or participate in the conduct of such enterprise’s affairs through a pattern of racketeering activity,” 18 U.S.C. § 1962(c). The District Court, citing Circuit precedent, dismissed the complaint. In affirming, the Second Circuit expressed its view that § 1962(c) applied only where a plaintiff showed the existence of two separate entities, a “person” and a distinct “enterprise,” the affairs of which that “person” improperly conducted. The appellate court noted that King, who was an employee of his corporation and who acted within the scope of his authority, was part of the corporation, and not a “person,” distinct from the “enterprise,” who allegedly improperly conducted the “enterprise’s affairs.””




“Yes. In a unanimous opinion delivered by Justice Stephen G. Breyer, the Court held that “the need for two distinct entities is satisfied