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UNITED STATES v. BLEDSOE

Nos. 80-1998 to 80-2001 and 80-2114.

674 F.2d 647 (1982)

UNITED STATES of America, Appellee, v. Carl L. BLEDSOE, Jr., Appellant. UNITED STATES of America, Appellee, v. Thomas B. MOFFITT, Jr., Appellant. UNITED STATES of America, Appellee, v. Russell E. PHILLIPS, Appellant. UNITED STATES of America, Appellee, v. Ronald STAFFORD, Appellant. UNITED STATES of America, Appellee, v. Quentin Darence CLONINGER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed March 12, 1982.

Rehearing Denied June 28, 1982.

Attorney(s) appearing for the Case

J. Whitfield Moody, U. S. Atty., Thomas M. Larson, Asst. U. S. Atty., Kansas City, Mo., Peter B. Shaeffer, Senior Trial Counsel, Chicago Regional Office, U. S. Securities and Exchange Commission, Chicago, Ill., Cynthia A. Clark, Asst. U. S. Atty., Kansas City, Mo., for appellee.

C. Brooks Wood, Kansas City, Mo., for appellant Bledsoe.

Mark W. Slatkin, Kansas City, Mo., for appellant Moffitt.

Thomas M. Bradshaw, Kansas City, Mo., for appellant Phillips.

Dennis J. C. Owens, Kansas City, Mo., for appellants Stafford and Cloninger.

Before LAY, Chief Judge, and HEANEY and ROSS, Circuit Judges.

LAY, Chief Judge.

The central issues in this case are (1) the requisite characteristics and proof of an "enterprise" under 18 U.S.C. § 1962(c), the Racketeer Influenced and Corrupt Organization Act (RICO) and (2) the propriety of joining charges of securities fraud against one defendant which are not alleged to be overt acts in furtherance of the conspiracy nor as predicate acts of racketeering in a RICO count with separate charges of securities fraud and conspiracy...

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