R.A.G.S. Couture, Inc. v. Mary M. Hyatt & Oren M. Welborne, 774 F.2d 1350 (5th Cir. 1985). · Go Syfert
R.A.G.S. Couture, Inc. v. Mary M. Hyatt & Oren M. Welborne, 774 F.2d 1350 (5th Cir. 1985). Cases Citing This Book View Copy Cite
186 citation events (20 in the last 25 years) across 55 distinct courts.
Strongest positive: State Farm Mutual Automobile Insurance Company v. Misra, M.D (txwd, 2023-02-24)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 50 distinct citers.
cited Cited as authority (rule) State Farm Mutual Automobile Insurance Company v. Misra, M.D
W.D. Tex. · 2023 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1354 (5th Cir.1985).
cited Cited as authority (rule) KYKO GLOBAL, INC. v. PRITHVI INFORMATION SOLUTIONS, LTD.
W.D. Pa. · 2020 · confidence medium
Coulture, Inc. v. Hyatt, 774 F.2d 1350, 1352 (5th Cir. 1985)); Rose v. Bartle, 871 F.2d 331, 358 (3d Cir. 1989).
cited Cited as authority (rule) KYKO GLOBAL, INC. v. PRITHVI INFORMATION SOLUTIONS, LTD.
W.D. Pa. · 2020 · confidence medium
Coulture, Inc. v. Hyatt, 774 F.2d 1350, 1352 (5th Cir. 1985)); Rose v. Bartle, 871 F.2d 331, 358 (3d Cir. 1989).
cited Cited as authority (rule) United States v. Cristobal Velasquez
5th Cir. · 2018 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1353 (5th Cir. 1986); United States v. Pipkins, 378 F.3d 1281 (11th Cir. 2004)).
cited Cited as authority (rule) Finkel ex rel. Estate of Atomica Design Group, Inc. v. WeVeel LLC (In re Atomica Design Group, Inc.)
Bankr. E.D. Pa. · 2016 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1353 (5th Cir.1985)).
cited Cited as authority (rule) Irish v. Ferguson
M.D. Penn. · 2013 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1353 (5th Cir.1985)).
discussed Cited as authority (rule) United States v. Lamarre
1st Cir. · 2013 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1353 (5th Cir.1985) (finding a sufficient nexus with interstate commerce where the United States Postal Service had been used in fraudulent scheme underlying violations of the Racketeer Influenced and Corrupt Organizations Act).
cited Cited as authority (rule) United States v. Whitfield
5th Cir. · 2010 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1354 (5th Cir. 1985)).
cited Cited as authority (rule) United States v. Whitfield
5th Cir. · 2009 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1354 (5th Cir.1985)).
cited Cited as authority (rule) Trevino v. Pechero
S.D. Tex. · 2008 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1353 (5th Cir.1985). 1.
discussed Cited as authority (rule) United States v. Delgado
5th Cir. · 2005 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1353 (5th Cir.1985) (“The nexus with interstate commerce required by RICO is ‘minimal.’”); United States v. Pipkins, 378 F.3d 1281 (11th Cir.2004) (finding that RICO conspirators’ use of instrumentalities of interstate commerce, including pagers, telephones, and mobile phones, affected interstate commerce).
cited Cited as authority (rule) Cadle Co. v. Flanagan
D. Conn. · 2003 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1353 (5th Cir.1985) (internal quotations omitted).
cited Cited as authority (rule) BCCI Holdings (Luxembourg) Societe Anon. v. Khalil
D.D.C. · 1999 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1353 (5th Cir.1985).
cited Cited as authority (rule) Westlake Plastic Co. v. O'Donnell
E.D. Pa. · 1998 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1352 (5th Cir.1985)).
discussed Cited as authority (rule) People v. Chaussee
Colo. · 1994 · confidence medium
Compare, e.g., International Data Bank Ltd. v. Zepkin, 812 F.2d 149, 154-55 (4th Cir.1987) (a "single, limited fraudulent scheme” to defraud not of itself sufficient to amount to a pattern of racketeering activity); Superior Oil Co. v. Fulmer, 785 F.2d 252, 257 (8th Cir.1986) (refused to find a RICO pattern where predicate acts committed in furtherance of a single scheme) with, e.g., Bank of America v. Touche Ross & Co., 782 F.2d 966, 970-71 (11th Cir.1986) (a single scheme involving predicate acts of mail and wire fraud sufficient to satisfy pattern requirement); RAGS v. Hyatt, 774 F.2d 135…
cited Cited as authority (rule) United States v. Richard P. Console, United States of America v. Morton Markoff, D.O., United States of America v. Edward C. Curcio
3rd Cir. · 1993 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1352 (5th Cir.1985)).
cited Cited as authority (rule) Corporation Insular De Seguros v. Reyes Munoz
D.P.R. · 1993 · confidence medium
Couture Inc. v. Hyatt, 774 F.2d 1350, 1353 (5th Cir.1985) (“[t]he nexus with interstate commerce required by RICO is ‘minimal’ ”).
cited Cited as authority (rule) Greenberg v. Tomlin
E.D. Pa. · 1993 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1352 (5th Cir.1985).
cited Cited as authority (rule) Constitution Bank v. DiMarco
E.D. Pa. · 1993 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1352 (5th Cir.1985).
cited Cited as authority (rule) Jackson v. Radcliffe
S.D. Tex. · 1992 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1355 (5th Cir.1985)).
cited Cited as authority (rule) Calcasieu Marine National Bank v. Thomas Arthur Grant, Iii, Suzanne Brunazzi Grant v. Thomas A. Grant, III
5th Cir. · 1991 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1355 (5th Cir.1985).
examined Cited as authority (rule) CADLE COMPANY v. Schultz (5×)
N.D. Tex. · 1991 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1353 (5th Cir.1985). 6 .
cited Cited as authority (rule) United States v. Fausto D. Ruiz
1st Cir. · 1990 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1352 (5th Cir.1985) (describing elements of a charged substantive offense). 6 .
examined Cited as authority (rule) Frank Landry v. Air Line Pilots Association International Afl-Cio, Taca Airlines, S.A. And Charles J. Huttinger (4×)
5th Cir. · 1990 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1354 (5th Cir.1985) ("Any injury to business or property caused by a violation of 18 U.S.C.
discussed Cited as authority (rule) William S. Smith, Jr., and Marion R. Smith v. Cooper/t. Smith Corp. (2×)
5th Cir. · 1989 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1355 (5th Cir.1985).
cited Cited as authority (rule) K. Kay Shearin v. The E.F. Hutton Group, Inc., E.F. Hutton & Company Inc. And E.F. Hutton Trust Company
3rd Cir. · 1989 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1352 (5th Cir.1985); see also Sedima, S.P.R.L. v. Imrex Co., 473 U.S. 479, 496 , 105 S.Ct. 3275, 3285 , 87 L.Ed.2d 346 (1985).
discussed Cited as authority (rule) George v. Blue Diamond Petroleum, Inc. (2×)
W.D. La. · 1989 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1352 (5th Cir.1985), the Fifth Circuit held that two acts of mail fraud that related to a single business transaction constituted a pattern of racketeering activity.
discussed Cited as authority (rule) H. J. Inc. v. Northwestern Bell Telephone Co. (2×)
SCOTUS · 1989 · confidence medium
S. Couture, Inc. v. Hyatt, 774 F. 2d 1350, 1355 (CA5 1985) (two related predicate acts may be sufficient); United States v. Jennings, 842 F. 2d 159, 163 (CA6 1988) (two predicate acts potentially enough); Morgan v. Bank of Waukegan, 804 F. 2d 970, 975-976 (CA7 1986) (refusing to accept multiple scheme requirement as the general rule; adopting multifactor test, but requiring that predicates constitute "separate transactions"); Sun Savings and Loan Assn. v. Dierdorff, 825 F. 2d 187, 193 (CA9 1987) (rejecting multiple scheme test; requiring two predicates, separated in time, which are not isolate…
cited Cited as authority (rule) Procter & Gamble Co. v. Big Apple Industrial Buildings, Inc.
2d Cir. · 1989 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1355 (5th Cir.1985) (complaint alleging that defendants twice mailed fraudulent invoices satisfied pattern requirement because the alleged acts were related).
discussed Cited as authority (rule) The Procter & Gamble Company v. Big Apple Industrial Buildings, Inc.
2d Cir. · 1989 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1355 (5th Cir.1985) (complaint alleging that defendants twice mailed fraudulent invoices satisfied pattern requirement because the alleged acts were related). 22 We have explicitly eschewed any multiple scheme or episode requirement to demonstrate the continuity of the pattern of racketeering activity.
discussed Cited as authority (rule) Southwest Hide Co. v. Goldston (2×)
N.D. Tex. · 1989 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1354 (5th Cir.1985).
discussed Cited as authority (rule) ca3 1989
3rd Cir. · 1989 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1353 (5th Cir.1985). 38 To pick but one example, contracts by the county and party with out-of-state businesses would appear to be sufficient to satisfy this "minimal" standard. 122 The plaintiffs were also required to allege adequately that the defendants used or invested racketeering activity income in the establishment or operation of the enterprises.
discussed Cited as authority (rule) Nichols v. Merrill Lynch, Pierce, Fenner & Smith
M.D. Tenn. · 1989 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1355 (5th Cir.1985); United States v. Ianniello, 808 F.2d 184, 192 (2d Cir.1986), cert. denied, — U.S. —, 107 S.Ct. 3229 , 3230, 96 L.Ed.2d 736 (1987); Cal. Arch.
cited Cited as authority (rule) United States v. Anthony Indelicato
2d Cir. · 1989 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1355 (5th Cir.1985) (two related acts of mail fraud would suffice to satisfy pattern requirement).
discussed Cited as authority (rule) Fleet Credit Corp. v. Sion
D.R.I. · 1988 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1355 (5th Cir.1985) with Smoky Greenhaw Cotton v. Merrill Lynch, 785 F.2d 1274 , 1280 n. 7 (5th Cir.1986) cert. denied — U.S. -, 107 S.Ct. 3211 , 96 L.Ed.2d 698 (1987). *379 The First and Seventh Circuits have adopted a middle of the road approach in which the number of schemes is only one of a number of factors considered in determining whether a pattern of racketeering exists.
discussed Cited as authority (rule) Marriott Bros. v. Gage (2×)
N.D. Tex. · 1988 · confidence medium
Couture, Inc. v. *736 Hyatt, 774 F.2d 1350, 1355 (5th Cir.1985). 6 Here, not only is there no pattern among the non-Marriott loans; there is also no pattern between the non-Marriott loans, on the one hand, and the Marriott-Yates transaction, on the other.
cited Cited as authority (rule) Gonzalez v. North American College of Louisiana, Inc.
S.D. Tex. · 1988 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1354 (5th Cir.1985).
discussed Cited as authority (rule) Delta Truck & Tractor, Inc. v. J.I. Case Company
5th Cir. · 1988 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1355 (5th Cir.1985), a panel of this court held that two acts of mail fraud that related to a single business transaction constituted a pattern of racketeering activity.
discussed Cited as authority (rule) Beauford v. Helmsley
2d Cir. · 1988 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1355 (5th Cir.1985). 20 On the other hand, in Alexander Grant & Co. v. Tiffany Industries, 770 F.2d 717 (8th Cir.1985), cert. denied, 474 U.S. 1058 , 106 S.Ct. 799 , 88 L.Ed.2d 776 (1986), the Eighth Circuit had held that an accounting firm stated a claim for relief against its client where the scheme was simply to obtain a favorable audit for one fiscal year.
cited Cited as authority (rule) Beauford v. Helmsley
2d Cir. · 1988 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1355 (5th Cir.1985).
cited Cited as authority (rule) State Farm Mutual Automobile Insurance v. Rosenfield
E.D. Pa. · 1988 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1353 (5th Cir.1985).
cited Cited as authority (rule) TBK PARTNERS v. Shaw
W.D. Ky. · 1988 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1355 (5th Cir.1985) (two acts of mail fraud in single scheme dealing with one transaction, if related, are sufficient under Sedima.
cited Cited as authority (rule) Wing v. J.C. Bradford & Co.
N.D. Miss. · 1987 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1353 (5th Cir.1985).
cited Cited as authority (rule) United States v. Billy L. Massey and Larry P. Wages
5th Cir. · 1987 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1354 (5th Cir.1985).
cited Cited as authority (rule) Petro-Tech, Inc. v. The Western Company Of North America
3rd Cir. · 1987 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1355 (5th Cir.1985) (same).
discussed Cited as authority (rule) Sun Savings and Loan Association, a Corporation v. Daniel W. Dierdorff Mary Dierdorff (2×)
9th Cir. · 1987 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1355 (5th Cir.1985) (one criminal scheme is sufficient for pattern requirement); Volckmann v. Edwards, 642 F.Supp. 109, 111-14 (N.D.Cal.1986) (predicate acts occurring during one criminal scheme constitute pattern); Northern Trust Bank/O’Hare v. Inryco, Inc., 615 F.Supp. 828, 833 (N.D.Ill.1985) (no pattern when predicate acts furthered one criminal scheme).
discussed Cited as authority (rule) Omega Const. Co., Inc. v. Altman
W.D. Mich. · 1987 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1354-55 (5th Cir.1985) (two mailings in support of a single scheme to defraud); Haroco, Inc. v. American National Bank and Trust Co., 647 F.Supp. 1026, 1028-31 (N.D.Ill.1986) (“a number of mailings, fraudulent within the meaning of 18 U.S.C. § 1341 , in furtherance of a fraudulent scheme, constitute a pattern of racketeering activity”).
cited Cited as authority (rule) Petro-Tech, Inc. v. Western Co. of North America
3rd Cir. · 1987 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1355 (5th Cir.1985) (same).
cited Cited as authority (rule) Winer v. Patterson
D.N.H. · 1987 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1355 (5th Cir.1985).
cited Cited as authority (rule) Joseph E. Casperone, Francis A. Clark and Oklahoma Ltd., I v. Landmark Oil & Gas Corp., Larry B. Bach
5th Cir. · 1987 · confidence medium
Couture, Inc. v. Hyatt, 774 F.2d 1350, 1354 (5th Cir.1985); United States v. Finney, 714 F.2d 420, 423 (5th Cir.1983).
R.A.G.S. COUTURE, INC., Plaintiff-Appellant,
v.
Mary M. HYATT and Oren M. Welborne, Defendants-Appellees
84-3827.
Court of Appeals for the Fifth Circuit.
Oct 30, 1985.
774 F.2d 1350
McGlinchey, Stafford, Mintz, Cellini & Lang, John Gregory Odom, Victoria L. Knight, New Orleans, La., for plaintiff-appellant., Hess & Washofsky, Keith R. Credo, Leonard A. Washofsky, Jacqueline Mae Goldberg, New Orleans, La., for defendants-appellees.
Wisdom, Politz, Tate.
Cited by 139 opinions  |  Published

OPINION

WISDOM, Circuit Judge.

This case raises questions concerning the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-1968, in the wake of the Supreme Court’s decision in Sedima, S.P.R.L. v. Imrex Co., 1985, 473 U.S. —, 105 S.Ct. 3275, 87 L.Ed.2d 346. In Sedima, the majority opinion relied heavily on the broad language of the statute. The present case stretches the statutory language to its limit. The complaint minimally complies with the requirements sufficient to support a civil RICO violation: two individual defendants are termed an “enterprise” [1] and two acts of mail fraud they allegedly committed constitute a pattern of “racketeering activity”. [2] The district court granted the defendants’ motions to dismiss and for summary judgment. We conclude that we are compelled to reverse in the light of the Sedima decision and the procedural setting of this case.

I.

The plaintiff, R.A.G.S. Couture, Inc. (R.A.G.S.), filed this suit against the defendants who allegedly attempted to defraud the company. Defendant Mary Hyatt was the president and a stockholder of R.A.G.S., a clothing manufacturer in Louisiana, from April 1982 to March 1983. Her daughter Kellie was a stockholder and[*1352] employee of the company during that period. Defendant Oren Welborne is alleged by the defendants to own industrial sewing machines that he rented to R.A.G.S. while Hyatt was president. Hyatt, her daughter, and the two other stockholders of the company had a meeting on March 13, 1983, at which Hyatt and her daughter terminated their employment with R.A.G.S. and released their interest in the company. On the same day, Hyatt and Welborne told the two remaining stockholders that the sewing machines used by R.A.G.S. were owned by Welborne and rented to the company. The stockholders allege that Hyatt had previously told them that the company owned the sewing machines. Welborne took possession of the machines on March 14th after signing a statement in which he claimed that he owned all of them.

R.A.G.S. alleges that on March 30, 1983, either Welborne or Hyatt mailed or caused to be mailed to the plaintiff copies of invoices, signed by Hyatt, for repair services performed by Welborne on the sewing machines and for rental fees. The plaintiff maintains that both defendants knew of the mailing. The invoices had various dates from July 1982 to February 1983, but the plaintiff alleges that the invoices were fraudulently prepared by the defendants after March 13, 1983. On August 24,1983, counsel for Welborne mailed copies of the invoices and a demand for payment to counsel for R.A.G.S.

R.A.G.S. filed suit under the civil provision of RICO, 18 U.S.C. § 1964(c), [3] against Hyatt and Welborne. The gravamen of the plaintiff’s complaint is that the defendants combined to defraud R.A.G.S. by submitting false invoices. The plaintiff alleges that it had no contract to rent the sewing machines. Furthermore, the plaintiff contends that Welborne did not service the machines, as the defendants have asserted. R.A.G.S. contends that it is entitled to relief because the defendants formed an enterprise — the association of Hyatt and Wel-borne — that affects interstate commerce and conducted the affairs of the enterprise “through a pattern of racketeering activity” in violation of 18 U.S.C. § 1962(c). [4] The pattern of racketeering activity consisted of two alleged acts of mail fraud, the mailings on March 30, 1983 and August 24, 1983. The plaintiff seeks damages under § 1964(c) and an order prohibiting the defendants from attempting to defraud the company.

Before trial, each defendant moved to dismiss and for summary judgment. The district court granted the defendants’ motions and the plaintiff has appealed.

II.

To prove a violation of 18 U.S.C. § 1962(c) a plaintiff must show that (1) an enterprise existed that affected interstate commerce; (2) the defendant was associated with the enterprise; (3) the defendant participated in the conduct of the enterprise’s affairs; and (4) the participation was through a “pattern of racketeering activity”. See United States v. Phillips, 5 Cir.1981, 664 F.2d 971, 1011, cert. denied, 1982, 457 U.S. 1136. The term “enterprise” is defined broadly to include any “group of individuals associated in fact”. 18 U.S.C. § 1961(4). A pattern of racketeering activity is “at least two acts” indictable under an enumeration of state and federal criminal laws. [5]

In their motions to dismiss and for summary judgment the defendants asserted[*1353] that the plaintiff failed to allege or offer any proof of an enterprise that affects interstate commerce or of a “pattern of racketeering activity”. The district court granted the motions to dismiss on the grounds that the plaintiff failed to allege a sufficient nexus between the enterprise and interstate commerce. Also, the court dismissed the complaint because the plaintiff failed to allege a “racketeering injury”. The parties had not raised this issue. The court granted the motions for summary judgment because it found that the plaintiff had failed to offer proof of two acts of mail fraud and thus could not show a pattern of racketeering activity.

R.A.G.S.’s complaint alleged that Hyatt and Welborne were “associated in fact” and thus constituted an enterprise for purposes of the RICO Act. The district court denied the defendants’ motions to dismiss and for summary judgment on this issue. The court found that a material question of fact exists as to whether the defendants formed an association. This ruling is correct in the light of this circuit’s broad interpretation of the definition of “enterprise” in 18 U.S.C. § 1962(c). See Alcorn County v. U.S. Interstate Supplies, Inc., 5 Cir.1984, 731 F.2d 1160, 1168.

A. Nexus with Interstate Commerce

The district court dismissed the complaint under Federal Rule of Civil Procedure 12(b)(6) because the court found that the plaintiff had failed to allege a sufficient nexus between the association of Hyatt and Welborne and interstate commerce. It is axiomatic that a motion to dismiss for failure to state a claim should not be granted unless it appears to a certainty that the plaintiff would be entitled to no relief under any set of facts which could be proved in support of the claim. Thompson v. Allstate Insurance Co., 5 Cir.1973, 476 F.2d 746, 749. We must reverse the district court on this issue because we are unable to hold that the plaintiff could not prove a set of facts to support a nexus between the enterprise and interstate commerce.

The nexus with interstate commerce required by RICO is “minimal”. See United States v. Rone, 9 Cir.1979, 598 F.2d 564, 573, cert. denied, 1980, 445 U.S. 946, 100 S.Ct. 1345, 63 L.Ed.2d 780. The plaintiff has alleged that the defendants used an instrumentality of interstate commerce, the United States Postal Service, to execute their fraudulent scheme. Moreover, the plaintiff apparently was involved in interstate commerce and the defendants’ scheme adversely affected it. These facts, if proved at the trial, would provide the link with interstate commerce necessary under the statute.

The district court stated in dictum that it is the enterprise, and not the predicate acts, that must affect interstate commerce. That statement is erroneous. Undoubtedly, RICO requires that the enterprise be engaged in or its “activities” affect interstate or foreign commerce, 18 U.S.C. § 1962(c); however, the word “activities” is not limited to legitimate or nonpredicate acts. The Supreme Court’s Sedima decision cautions us not to place barriers before RICO plaintiffs that are not found in the text of the statute. Moreover, the Court has held that an enterprise may be organized solely for illegitimate purposes, and that evidence of the existence of the enterprise may coalesce with evidence of the underlying pattern of racketeering. United States v. Turkette, 1981, 452 U.S. 576, 583, 101 S.Ct. 2524, 2528, 69 L.Ed.2d 246. If an enterprise engages only in illegal activities, then certainly these acts must provide the requisite nexus with interstate commerce. Other circuits that have addressed the issue agree that the predicate acts supporting a RICO violation may provide the nexus with interstate commerce. See Bunker Ramo Corp. v. United Business Forms, Inc., 7 Cir.1983, 713 F.2d 1272, 1289; United States v. Barton, 2 Cir., 647 F.2d 224, 233-34, cert. denied, 1981, 454 U.S. 857, 102 S.Ct. 307, 70 L.Ed.2d 152; United States v. Bagnariol, 9 Cir.1981, 665 F.2d 877, 893, cert. denied, 1982, 456 U.S. 962, 102 S.Ct. 2040, 72 L.Ed.2d 487.

[*1354] For these reasons, the district court should consider the alleged predicate acts of mail fraud and any other illegal activities of the defendants in determining whether the enterprise was connected with interstate commerce.

B. Injury

The district court also dismissed the complaint because the plaintiff failed to allege a “racketeering injury”. The Sedima decision requires us to reverse the court on this issue. 105 S.Ct. at 3286. Any injury to business or property caused by a violation of 18 U.S.C. § 1962(c) is sufficient. The plaintiff has alleged business interruptions and expenses as a result of the defendants’ alleged scheme to defraud the company. These allegations are sufficient to withstand a motion to dismiss under Federal Rule 12(b)(6).

C. Pattern of Racketeering Activity

The district court granted the defendants’ motions for summary judgment on the grounds that there was evidence of only one alleged act of mail fraud and therefore the plaintiff had failed to show a pattern of racketeering activity since “at least two acts” are required by the statute. A summary judgment is appropriate only if there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. 56. The record must be viewed in the light most favorable to the party opposing the motion.

The law on the subject of mail fraud is well established. A person who participates in a “scheme or artifice to defraud” and causes a use of the mails “for the purpose of executing the scheme” violates 18 U.S.C. § 1341. [6] The test to determine whether a defendant caused the mails to be used is whether the use was reasonably foreseeable. The defendant need not intend to cause the mails to be used. United States v. Toney, 5 Cir.1979, 598 F.2d 1349, 1355, cert. denied, 1980, 444 U.S. 1033, 100 S.Ct. 706, 62 L.Ed.2d 670.

Two acts of mail fraud were alleged in the complaint. The first was the mailing on March 30, 1983 to R.A.G.S. and the second was the mailing by counsel for Wel-borne to counsel for R.A.G.S. on August 24, 1983. The plaintiff maintains that either Welborne or Hyatt caused both mailings and that each defendant knew of the mailings. The district court found that there was a material question of fact whether either of the defendants caused the first mailing. If one of the defendants caused the mailing and they both participated in the fraudulent scheme, then both would have committed mail fraud. A defendant need not personally cause the mails to be used; “there need only be sufficient evidence to connect him to the fraudulent scheme involving the use of the mails”. United States v. Finney, 5 Cir.1983, 714 F.2d 420, 423.

The district court ruled that the second mailing was not caused by the defendants because it was sent in response to an inquiry from the plaintiff’s counsel. The court did not determine whether the defendants reasonably could have foreseen the inquiry by the plaintiff’s counsel and the response by Welborne’s counsel. If these mailings were foreseeable and made in execution of the defendants’ alleged scheme to defraud R.A.G.S., then the mail[*1355] ing on August 24th by Welborne’s counsel was an act of mail fraud. This is a question of fact inappropriate for resolution before trial.

The defendants argue that even if they committed two acts of mail fraud, these were not sufficient to constitute a “pattern of racketeering activity”. They rely on the language of the statute, which requires “at least two acts”, and the suggestion in Sedima that “while two acts are necessary, they may not be sufficient.” 105 S.Ct. at 3285 n. 14. The district court did not consider this issue. We are not persuaded by the defendants’ argument. The Supreme Court in Sedima implied that two “isolated” acts would not constitute a pattern. Id. In this case, however, the alleged acts. of mail fraud are related.

Since there is a material question of fact whether two acts of mail fraud were committed, the summary judgment for the defendants must be reversed.

III.

The scope of the civil RICO statute is breathtaking. An allegation of fraud in a contract action can transform an ordinary state law claim into a federal racketeering charge. It may be unfortunate for federal courts to be burdened by this kind of case, but it is not for this Court to question policies decided by Congress and upheld by the Supreme Court. The broad language of the statute and the Sedima decision provide us with clear guidance. Material questions of fact exist that cannot be resolved before trial. The judgment of the district court is therefore REVERSED and the case is remanded for further proceedings.

1

. An " 'enterprise includes any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity’". 18 U.S.C. § 1961(4).

2

. A " ‘pattern of racketeering activity' requires at least two acts of racketeering activity”. 18 U.S.C. § 1961(5). A "racketeering activity" is any act indictable under an enumeration of state and federal criminal laws. 18 U.S.C. § 1961(1).

3

. The civil RICO section provides:

Any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorney’s fee.

18 U.S.C. § 1964(c).

4

. 18 U.S.C. § 1962(c) reads in full:

It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs through a pattern of racketeering activity or collection of unlawful debt.
5

. See footnote 2.

6

. Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined not more than 11,000 or imprisoned not more than five years, or both.

18 U.S.C. § 1341.