Opinion · Supreme Court of the United States

Metropolitan County Board of Education v. Kelley

74 L. Ed. 2d 1027

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1983-01-24
Topic
general

mail fraud not precluded as RICO predicate where conduct could be prosecuted under False Claims Act | "A corporation may be simultaneously both a defendant and the enterprise" under section 1962(c) | "A corporation may be simultaneously both a defendant and the enterprise” under section 1962(c) | “examination of the elements of homicides, notably the mental states, illustrates that it is second degree murder, not first degree murder, which would sufficiently test a jury's belief of the crucial facts for a conviction of capital murder” | In criminal RICO prosecution, corporation simultaneously can be defendant and "enterprise”

Citator

Cited by
26 opinions

C. A. 6th Cir. Certiorari denied.

Justice Marshall took no part in the consideration or decision of this petition.