Scheidler v. National Organization for Women, Inc., 537 U.S. 393, 3 (2003)

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Cite as: 537 U. S. 393 (2003)


the jury's conclusion that petitioners violated RICO. In accordance with this Court's decisions in Nardello and Taylor v. United States, 495 U. S. 575, where as here the Model Penal Code and a majority of States recognize the crime of extortion as requiring a party to obtain or to seek to obtain property, as the Hobbs Act requires, a state extortion offense for RICO purposes must have a similar requirement. Thus, because petitioners did not obtain or attempt to obtain respondents' property, both the state extortion claims and the claim of attempting or conspiring to commit state extortion were fatally flawed. The violations of the Travel Act and attempts to violate that Act also fail. These acts were committed in furtherance of allegedly extortionate conduct, but petitioners did not commit or attempt to commit extortion. Pp. 409-410.

2. Without an underlying RICO violation, the District Court's injunction must necessarily be vacated. The Court therefore need not address the second question presented—whether a private plaintiff in a civil RICO action is entitled to injunctive relief under 1964(c). P. 411.

267 F. 3d 687, reversed.

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, Souter, Thomas, Ginsburg, and Breyer, JJ., joined. Ginsburg, J., filed a concurring opinion, in which Breyer, J., joined, post, p. 411. Stevens, J., filed a dissenting opinion, post, p. 412.

Roy T. Englert, Jr., argued the cause for petitioners in both cases. On the briefs in No. 01-1118 were Alan Untereiner, Arnon D. Siegel, Kathryn S. Zecca, Sherri Lynn Wolson, Thomas Brejcha, Deborah Fischer, and D. Colette Wilson. On the brief in No. 01-1119 were Jay Alan Sekulow, Colby M. May, Stuart J. Roth, James M. Henderson, Sr., Vincent P. McCarthy, Walter M. Weber, Larry L. Crain, David A. Cortman, Robert W. Ash, Thomas P. Monaghan, and Charles E. Rice.

Solicitor General Olson argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Assistant Attorney General Chertoff, Deputy Solicitor General Dreeben, Lisa Schiavo Blatt, and Frank J. Marine.


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