United States v. Arthur

This appeal raises questions about the definition of the “enterprise” element of criminal charges under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. � 1961 et seq. (“RICO”), and the admissibility of evidence concerning the adequacy of police investigations and of investigation tips received by police officers as to who committed a crime.

Samuel Patrick and Jason Arthur were each convicted on over six counts of a criminal RICO indictment arising out of their membership in the Intervale Posse (IVP), a gang that distributed crack cocaine from 1990 to 1996 in the Dorchester neighborhood of Boston. Arthur was also convicted of the 1992 murder of a rival drug dealer. One of their defenses was that the IVP was simply a loose connection of individual, young drug entrepreneurs, one competing with another. RICO, they say, was meant to counter organized crime, and there was nothing particularly “organized” about the crimes committed by the IVP. They argue that their convictions should be reversed because the judge improperly instructed the jury, because the evidence did not support a RICO conviction, and for other reasons.