Cite as: 529 U. S. 494 (2000)
Opinion of the Court
and control of their enterprise through a pattern of racketeering activity, in violation of § 1962(b); engaged in the conduct of the enterprise's affairs through a pattern of racketeering activity, in violation of § 1962(c); and, most importantly for present purposes, conspired to commit the aforementioned acts, in violation of § 1962(d). With respect to this last claim, petitioner's theory was that his injury was proximately caused by an overt act—namely, the termination of his employment—done in furtherance of respondents' conspiracy, and that § 1964(c) therefore provided a cause of action. Respondents filed a motion for summary judgment, arguing that employees who are terminated for refusing to participate in RICO activities, or who threaten to report RICO activities, do not have standing to sue under RICO for damages from their loss of employment. The District Court agreed and dismissed petitioner's RICO conspiracy claim. The Court of Appeals affirmed, holding that a cause of action under § 1964(c) for a violation of § 1962(d) is not available to a person injured by an overt act in furtherance of a RICO conspiracy unless the overt act is an act of racketeering. 162 F. 3d 1090, 1098 (CA11 1998). Since the overt act that allegedly caused petitioner's injury was not an act of racketeering, see § 1961(1), it could not support a civil cause of action. The court held, "RICO was enacted with an express target—racketeering activity—and only those injuries that are proximately caused by racketeering activity should be actionable under the statute." Ibid.5
5 Although petitioner alleged violations of §§ 1962(a), (b), and (c), the Court of Appeals concluded that he had presented no evidence of violations of subsections (a) and (b). It therefore treated each of petitioner's substantive RICO claims as alleging a violation of § 1962(c). 162 F. 3d, at 1095, n. 8. The court held that petitioner did not present evidence regarding elements of his § 1962(c) claims and therefore affirmed the District Court's order granting summary judgment for respondents with respect to those claims. Id., at 1095-1098. Petitioner does not challenge the Court of Appeals' conclusion with respect to his claims under §§ 1962(a)-(c).
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