United States v. Neapolitan
United States Court of Appeals for the Seventh Circuit
791 F.2d 489 (7th Cir. 1986)
Corrupt police officers Robert Cadieux and Ronald Sapit ran a chop shop, collecting bribes in exchange for police protection, and told an informant that Robert Neapolitan (defendant) was also involved. Neapolitan received one cash bribe at the chop shop while Cadieux was present, and made recorded statements suggesting he had agreed to the racketeering operation continuing, even though his overall involvement in the corrupt enterprise was otherwise limited. Neapolitan was convicted of conspiring to violate the RICO Act, and he appealed, arguing that because RICO itself requires two or more acts of racketeering, he could not be guilty of conspiring to violate it based on agreeing to just one such act.
Whether an individual can be found guilty of conspiracy to violate the RICO Act if he agrees to only one act of racketeering activity and does not personally agree to commit the two or more acts the substantive RICO offense requires.