Mary Giovagnoli, Director of the Immigration Policy Center at the American Immigration Council,...
RICO Claim for Hiring Undocumented Workers
Mohawk Indus. v. Williams, 547 U.S. 516 (2006)
- In a per curiam opinion dated June 5, 2006, the Supreme Court held that certiorari was improvidently granted and remanded the case to the Eleventh Circuit for reconsideration in light of Anza v. Ideal Steel Supply Corp., another RICO case the Court decided the same day.
- In Mohawk, plaintiffs, employees of Mohawk Industries, alleged that their employer violated the RICO Act by conspiring and working with various third party recruiters. They alleged that these recruiters concealed undocumented immigrants in order to depress the wages of its authorized employees.
- The court had granted certiorari on the narrow issue of whether a defendant corporation and its agents can constitute an “enterprise” under the RICO Act, 18 U.S.C. §§1961-69, in light of the settled rule that a RICO defendant must “conduct” or “participate in” the affairs of some larger enterprise and not just its own affairs.