Esau Ferdinand v. United States
Environmental SocialSecurity Securities Immigration
For RICO conspiracy liability, must the defendant agree to personally further the enterprise's affairs?
QUESTIONS PRESENTED L For RICO conspiracy liability under 18 U.S.C. § 1962(d), must the defendant agree to personally further the enterprise’s affairs, rather than merely agree that someone else will associate with the enterprise and participate in its affairs? I. For severance of joint trials under Federal Rule of Criminal Procedure 14(a), must district courts consider all relevant forms of potential prejudice to the codefendants and not only whether the defenses are mutually antagonistic? i RELATED CASES e United States v. Ferdinand, No. 3:13-CR-00764, U.S. District Court for the Northern District of California. Judgment entered July 13, 2018. e United States v. Ferdinand, No. 18-10239, U.S. Court of Appeals for the Ninth Circuit. Judgment entered July 11, 2022. Consolidated on appeal with United States v. Heard, No. 18-10218; United States v. Young, No. 18-10228; United States v. Harding, No. 18-10248; United States v. Gordon, No. 18-10258. ii