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AMERICAN FED. TEACHERS v. OREGON TAXPAYERS UNITED PAC

(CC 0108-08942, 0012-12632; CA A122158, A122168; SC S054403).

189 P.3d 9 (2008)

345 Or. 1

AMERICAN FEDERATION OF TEACHERS-OREGON, AFT, AFL-CIO, an Oregon unincorporated association, Respondent on Review, and State of Oregon, Respondent on Review, v. OREGON TAXPAYERS UNITED PAC, an Oregon political committee; Oregon Taxpayers United Education Foundation, an Oregon nonprofit corporation, Petitioners on Review, and John Does 1 Through 10, Defendants. Oregon Education Association, an Oregon nonprofit corporation, Respondent on Review, and State Of Oregon, Respondent on Review, v. Oregon Taxpayers United PAC, an Oregon political committee; Oregon Taxpayers United Education Foundation, an Oregon nonprofit corporation, Petitioners on Review, and John Does 2 Through 10, Defendants.

Supreme Court of Oregon, En Banc.

Decided July 3, 2008.

Attorney(s) appearing for the Case

Gregory W. Byrne, Byrne & Associates, Portland, argued the cause and filed the briefs for petitioners on review Oregon Taxpayers United PAC and Oregon Taxpayers United Educational Foundation.

Gregory A. Hartman, Bennett, Hartman, Morris & Kaplan LLP, Portland, argued the cause and filed the briefs for respondent on review Oregon Education Association. With him on the briefs were Michael J. Morris, Portland, and Aruna A. Masih, Portland.

Gene Mechanic, Portland, argued the cause and filed the briefs for respondent on review American Federation of Teachers-Oregon, AFT, AFL-CIO.

Rolf C. Moan, Assistant Attorney General, Salem, argued the cause and filed the briefs for respondent on review State of Oregon. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

BALMER, J.

This case requires us to interpret and apply the Oregon Racketeer Influenced and Corrupt Organization Act (ORICO), ORS 166.715 to 166.735. A jury found that defendants—a political action committee and a nonprofit corporation controlled by the same individuals—engaged with others in a pattern of racketeering activity, as defined in ORICO, by forging signatures to qualify two ballot measures for the 2000 general election and by filing false...

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