Beck v. Prupis, 529 U.S. 494, 2 (2000)

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Cite as: 529 U. S. 494 (2000)

Opinion of the Court

ment (Second) of Torts, § 876, Comment b, meaning an act that is independently wrongful under RICO. The specific type of act that is analogous to an act of a tortious character may depend on the underlying substantive violation the defendant is alleged to have committed. Because respondents' alleged overt act in furtherance of their conspiracy was not an act of racketeering and is not independently wrongful under any substantive provision of the statute, petitioner does not have a cause of action under § 1964(c). Pp. 500-507.

162 F. 3d 1090, affirmed.

Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Kennedy, Ginsburg, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, in which Souter, J., joined, post, p. 507.

Jay Starkman argued the cause for petitioner. With him on the briefs were Jane W. Moscowitz and Joel S. Magolnick.

Michael M. Rosenbaum argued the cause for respondents. With him on the brief for respondents Bellezza et al. were Donald P. Jacobs and Richard M. DeAgazio. Frederick Mezey, pro se, filed a brief as respondent.*

Justice Thomas delivered the opinion of the Court. The Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U. S. C. §§ 1961-1968 (1994 ed. and Supp. IV), creates a civil cause of action for "[a]ny person injured in his business or property by reason of a violation of section 1962." 18 U. S. C. § 1964(c) (1994 ed., Supp. IV). Subsection (d) of § 1962 in turn provides that "[i]t shall be unlawful for any person to conspire to violate any of the provisions of subsection (a), (b), or (c) of [§ 1962]." The question before us is whether a person injured by an overt act done in fur*Stephen M. Kohn, Michael D. Kohn, and David K. Colapinto filed a brief for the National Whistleblower Center as amicus curiae urging reversal.

Briefs of amici curiae urging affirmance were filed for the American Tort Reform Association et al. by Victor E. Schwartz, Mark A. Behrens, and Jeffrey L. Gabardi; and for the Washington Legal Foundation et al. by F. Joseph Warin, Daniel J. Popeo, and Paul D. Kamenar.

495

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