Holmes v. Securities Investor Protection Corporation, 503 U.S. 258, 21 (1992)

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278

HOLMES v. SECURITIES INVESTOR PROTECTION CORPORATION

Opinion of O'Connor, J.

amination of the text of RICO, and a comparison with the situation the Court confronted in Blue Chip Stamps, persuades me that the Court of Appeals' determination was correct. Because the Court's decision today leaves intact a division among the Circuits on whether Blue Chip Stamps' standing requirement applies in RICO suits,2 I would affirm this portion of the decision below, even though we go on to hold that the alleged RICO violation did not proximately cause SIPC's injuries.

Our obvious starting point is the text of the statute under which SIPC sued. RICO makes it unlawful for any person who has engaged in a "pattern of racketeering activity" to invest, maintain an interest, or participate in an enterprise that is engaged in interstate or foreign commerce. 18 U. S. C. § 1962. "[R]acketeering activity" is defined to include a number of state and federal offenses, including any act indictable under 18 U. S. C. § 1341 (1988 ed., Supp. II) (mail fraud) or § 1343 (wire fraud), and "any offense involving . . . fraud in the sale of securities . . . punishable under any law of the United States." § 1961(1). RICO authorizes "[a]ny person injured in his business or property by reason of a violation of section 1962" to sue for treble damages in federal court. § 1964(c).

RICO's civil suit provision, considered on its face, has no purchaser/seller standing requirement. The statute sweeps

2 Compare Securities Investment Protection Corp. v. Vigman, 908 F. 2d 1461, 1465-1467 (CA9 1990) (purchaser/seller standing limitation does not apply to RICO claims predicated on acts of fraud in the sale of securities); Warner v. Alexander Grant & Co., 828 F. 2d 1528, 1530 (CA11 1987) (same), with International Data Bank, Ltd. v. Zepkin, 812 F. 2d 149, 151-154 (CA4 1987) (standing to bring RICO action predicated on fraud in the sale of securities is limited to purchaser or seller of securities); Brannan v. Eisenstein, 804 F. 2d 1041, 1046 (CA8 1986) (same).

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