United States v. Licavoli
United States Court of Appeals for the Sixth Circuit
725 F.2d 1040 (6th Cir. 1984)
James Licavoli and five co-defendants, all connected to an organized-crime enterprise, killed Danny Greene with a car bomb; three were convicted of murder in state court while Licavoli and Calandra were acquitted. Separately, several defendants bribed a federal employee for investigative information, leading to a guilty plea and one conviction in federal court. All six were then tried and convicted in federal court for RICO conspiracy based on these predicate acts, and they appealed, arguing murder and conspiracy to murder could not both serve as predicates for the acquitted defendants, and that bribery could not serve as a predicate for those already convicted of it.
Whether a defendant may be convicted of violating RICO even if he could not be convicted of both predicate offenses together under state law and has already been acquitted or convicted of the predicate offenses in state or federal court.