Zigman v. Giacobbe’s Empirical Analysis
1996
Citation profile
How this case has been cited
Cited by 5 later decisions — most recently November 2014
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002) · 18 U.S.C. § 1956 (§ 1352 of the Money Laundering Control Act of 1986) · 18 U.S.C. § 1961 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 18 U.S.C. § 1962 (§ 901 of the Racketeer Influenced and Corrupt Organizations Act) · 28 U.S.C. § 1367
Relies on Conley v. Gibson · Scheuer v. Rhodes · United Mine Workers of America v. Gibbs · Foman v. Davis · Pereira v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“allege the existence of seven constituent elements: (1) that the defendant (2) through the commission of two or more acts (3) constituting a “pattern” (4) of “racketeering activity” (5) directly or indirectly invests in, or maintains an interest in, or participates in (6) an “enterprise” (7) the activities of which affect interstate or foreign commerce.”
2 later decisions quote this exact passage · from the majority“59. Defendants Ferco Intertrade, Inc., Duferco Inc., Duferco Steel, Duferco Trading Corp., Duferco Steel Sales, Ltd., Frank Fink, and John Cummings were employed by or associated with the enterprises referred to in paragraph 58 [Duferco USA and Hansa] and conducted or participated, directly or indirectly, in the conduct of the enterprises’ affairs, through a pattern of racketeering within the meaning of 18 U.S.C. § 1961 (1)(B), by: (a) committing hundreds of acts of mail fraud indictable under 18 U.S.C. § 1341 in the course of conceiving and executing the above described scheme to defraud plaintiff and the United States; and (b) committing hundreds of acts of wire fraud indictable under 18 U.S.C. § 1343 in the course of conceiving and executing the above-described scheme to defraud plaintiff and the United States. * * * * ^ * 64. Defendants Ferco Intertrade, Inc., Duferco Inc., Duferco Steel, Dufereo Trading Corp., Dufereo Steel Sales, Ltd., Frank Fink, and John Cummings were employed by or associated with the enterprises referred to in paragraph 63 [Dufereo USA and Hansa] and conducted or participated, directly or indirectly, in the conduct of the enterprises’ affairs, through a pattern of racketeering within the meaning of 18 U.S.C. § 1961 (1)(B), by: (a) conspiring to commit hundreds of acts of mail fraud indictable under 18 U.S.C. § 1341 in the course of conceiving and executing the above described scheme to defraud plaintiff and the United States; and (b) conspiring to c”
1 later decision quote this exact passage · from the majority“Reading these allegations in the light most favorable to the plaintiff, the Court finds that they fail to state a predicate act for bribery [under civil RICO]. In the[relevant] paragraphs there is not one single factual allegation of a specific bribe paid to any [Town Official] at any time. Rather, paragraphs [243] through [255] constitute nothing more than vague, general and eon-clusory allegations insufficient to put a defendant on notice of any alleged wrongdoing. Accordingly, there is alleged no predicate act of bribery sufficient to support the [plaintiffs’] RICO claims.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.