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McCullough v. Suter

757 F.2d 142 (1985)

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McCullough v. Suter

United States Court of Appeals for the Seventh Circuit
757 F.2d 142 (1985)

  • Written by Sharon Feldman, JD

Facts

Utica National Bank (Utica) (plaintiff) managed a retirement account for R.D. McCullough (plaintiff). Richard Suter (defendant), who operated under the name National Investment Publishing Company and had several employees, provided investment advice and bought coins for investment on behalf of customers. Suter received $23,000 from Utica to buy coins for McCullough’s retirement account. Suter sent back three coins worth less than $10,000. McCullough and Utica brought a civil lawsuit against Suter under the Racketeer Influenced and Corrupt Organizations Act (RICO). The district court found that Suter had defrauded Utica and McCullough and awarded treble damages and attorney’s fees under the RICO statute’s civil-damages provision. Suter appealed, arguing that his company was a sole proprietorship and could not be an enterprise with which Suter could be associated as required by the RICO statute.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

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