Furthermore, respondent allegedly violated Sec. 1962d of RICO by conspiring against petitioner .
The District Court dismissed petitioner's complaint. Thus, the case was brought to the Court of Appeals, which upheld the decision of the lower court. Petitioner then elevated the case to the Supreme Court on a writ of certiorari.
A. Both the District Court and the Court of Appeals are one in saying that Sec. 1962c of RICO Act doesn't apply in the case at bar since respondent , being officer and employee of the corporation and acting within the scope of his corporate authority when he perpetrated the criminal acts, cannot be legally separated from the RICO corporation and also because petitioner failed to prove the existence of two different and separate entities i.e. a distinct person and a distinct enterprise.