State v. Walker
333 P.3d 316
| Or. | 2014Background
- ORICO defines enterprise as any organization or association that carries out a purposeful venture through a pattern of racketeering.
- Walker was charged with racketeering based on a Seaside Safeway theft and two prior Sandy Safeway thefts.
- The March 26, 2009 Seaside theft involved coordinated thefts by Walker and Williams of diapers, detergent, beer, shrimp, valued over $1,000 when combined with trunk contents.
- Prior thefts in Sandy (Feb 8 and Feb 23, 2009) showed a similar modus operandi and coordinated conduct by Walker and Williams.
- Trial court denied a judgment of acquittal on the racketeering count; Court of Appeals affirmed; this Court granted review to interpret ORICO’s enterprise concept.
- Evidence suggested an informal, ongoing partnership rather than a formal corporate-like entity, consistent with an association-in-fact enterprise.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What counts as an enterprise under ORICO | State advances broad, inclusive enterprise scope. | Walker contends enterprise requires formal structure or separate entity. | Enterprise may be informal; no strict form required. |
| Must enterprise be independent from participants | Association-in-fact can form an enterprise regardless of separate existence. | Enterprise must be distinct from the individuals’ acts. | Enterprise can arise from association itself without separate formal structure. |
| Do pattern of racketeering and association-in-fact coalesce here | Coordinated, repeated thefts over two months show an overarching enterprise. | Evidence shows episodic, not ongoing enterprise. | Sufficient evidence of an association-in-fact enterprise with a pattern of racketeering to sustain conviction. |
Key Cases Cited
- United States v. Turkette, 452 U.S. 576 (U.S. 1981) (enterprise and pattern are separate elements; association-in-fact may suffice)
- Boyle v. United States, 556 U.S. 938 (U.S. 2009) (association-in-fact requires purpose, relationships, and longevity)
- Sedima, S.P.R.L. v. Imrex Co., 473 U.S. 479 (U.S. 1985) (enterprise includes legitimate and illegitimate businesses; focus on organization)
- National Organization for Women v. Scheidler, 510 U.S. 249 (U.S. 1994) (enterprise may be broader than purely economic motivation)
- State v. Cooper, 319 Or. 162 (Or. 1994) (when legislature models Oregon statute after another jurisdiction, consider controlling federal decisions)