Part I of this Comment briefly surveys the legislative development of the RICO statute. It discusses the elements of a RICO cause of action and disputes that have arisen among the circuit courts over its interpretation. Part II of this Comment examines the development of civil liability for conspiring to participate in a RICO enterprise. It focuses on cases that have significantly shaped civil RICO conspiracy liability throughout the circuit courts. Part III explores the split that has developed among the circuits over the definition of RICO conspiracy liability, specifically, the difference between the Ninth Circuit's definition and that of the majority. This discussion also considers the Congressional intent that shaped the RICO statute, policy aims of the statute and implications arising from the different standards of liability.
RICO Conspiracy: The Ninth Circuit Distinguishes Itself From the Rising Costs of Guilty Thoughts, 33 Golden Gate U. L. Rev.