What is the test for establishing a pattern of racketeering?

MultiRegion, United States of America

The following excerpt is from Procter & Gamble Co. v. Big Apple Indus. Bldgs., Inc., 879 F.2d 10 (2nd Cir. 1989):

Our recent decisions in United States v. Indelicato, 865 F.2d 1370 (2d Cir.1989) (en banc) and Beauford v. Helmsley, 865 F.2d 1386 (2d Cir.1989) (en banc), teach that the existence of the relatedness and continuity requisite to a finding of a pattern of racketeering activity is to be determined by viewing the facts or allegations as a whole and without the application of mechanical tests such as requirements of multiple or open-ended schemes or separation of temporal acts. Id. at 1391. My disagreement with my colleagues stems from their holding that any allegation of multiple related acts separated in time is, without more, enough to establish continuity.

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