Opinion · Supreme Court of the United States

Posner v. United States

Posner v. United States, 445 U.S. 927 (1980)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1980-03-17
Topic
general

How later courts describe this case

  • noting that other courts had dealt with the issue, the Court declined defendant’s invitation to re-consider the constitutionality of RICO
  • setting forth standards for determining “[wjhether a congressionally generated document has become an agency record”
  • permitting the inclusion of a group of corporations as an enterprise even though a group of corporations is not a group of individuals associated-in-faet within the meaning of the definition of enterprise
  • affirming under Exemption 3 district judge’s decision based upon Exemption l
  • in view of the broad construction of RICO, a group of corporations can form an enterprise
  • “RICO poses a danger of abuse [through] attempts to apply the statute to situations for which it was not primarily intended.”
  • RICO criminal forfeiture statute which keys forfeiture to the magnitude of a defendant's criminal enterprise, does not violate eighth amendment's proportionality requirement
  • for Eighth Amendment purposes, “there is no substantial difference between an in rem proceeding and a[n in personam criminal] forfeiture proceeding brought directly against the owner”

Citator

UpLaw has not yet analyzed Posner v. United States. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
264 opinions

C. A. 7th Cir. Certiorari denied.