Canyon County v. Syngenta Seeds, Inc.

BACKGROUND

I. Civil Enforcement Under RICO

RICO focuses on “racketeering activity,” which the statute defines as a number of specific criminal acts under federal and state laws. See 18 U.S.C. § 1961(1). As relevant to this case, acts which are indictable under § 274 of the Immigration and Nationality Act (“INA”) are included in the definition of racketeering activity. 18 U.S.C. § 1961(1)(F). INA § 274 (codified as amended at 8 U.S.C. § 1324) criminalizes the bringing in, transportation, harboring, and employment of undocumented aliens.

Substantive violations of RICO are defined in 18 U.S.C. § 1962. Under § 1962(c), it is illegal for any person “to con- duct or participate, directly or indirectly, in the conduct of [an] enterprise’s affairs through a pattern of racketeering activity,” where that enterprise affects interstate commerce. It is also illegal for any person to conspire to do so. 18 U.S.C. § 1962(d). A “pattern of racketeering activity” requires at least two predicate acts of racketeering activity, as defined in 18 U.S.C. § 1961(1), within a period of ten years. 18 U.S.C. § 1961(5).1 1 RICO violations are criminally punishable by fines, forfeiture, and…