United States v. Bergrin

The district court dismissed indictment of a criminal defense attorney and co-conspirators under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1962(c). The underlying criminal enterprises included murder of witnesses in drug cases, bribery of a witness, using the law office to sell cocaine and operate a prostitution business, wire fraud relating to real estate sales, and helping evade parole restrictions. The indictment adequately alleged facts to establish all sub-elements required to establish both a pattern of racketeering activity and an enterprise, as well as all of the other elements of a RICO offense. On a motion to dismiss, the court was required to accept the allegations as true. The government was not required to show a pattern of similar acts or that the enterprise had a "traditional" structure.