Bank of Am. Nat'l Trust & Sav. Ass'n v. Touche Ross & Co., 782 F.2d 966 (11th Cir. 1986). · Go Syfert
Bank of Am. Nat'l Trust & Sav. Ass'n v. Touche Ross & Co., 782 F.2d 966 (11th Cir. 1986). Cases Citing This Book View Copy Cite
199 citation events (7 in the last 25 years) across 49 distinct courts.
Strongest positive: M3 Accounting Services, Inc. v. Dean (gand, 2019-08-14) · Strongest negative: Logan v. Ledford (tnmd, 1988-11-04)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 50 distinct citers.
cited Cited "but see" Logan v. Ledford
M.D. Tenn. · 1988 · signal: but see · confidence high
But see Bank of Am. v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986) (“Acts that are part of the same scheme or transaction can qualify as distinct predicate acts.”).
discussed Cited as authority (rule) M3 Accounting Services, Inc. v. Dean
N.D. Ga. · 2019 · confidence medium
That said, the Eleventh Circuit has also held that “[a]cts that are part of the same scheme or transaction can qualify as distinct predicate acts,” Bank of America v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986), as long as “each act constitutes a separate violation of the state or federal statute governing the conduct in question,” United States v. 9 Defendants rely on, Norfolk S. Ry.
cited Cited as authority (rule) Tri-State Consumer Insurance v. Lexisnexis Risk Solutions Inc.
N.D. Ga. · 2011 · confidence medium
Ass’n v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986).
cited Cited as authority (rule) C.S.I.R. Enterprises, Inc. v. Sebrite Agency, Inc.
M.D. Fla. · 2002 · confidence medium
Bank of America v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986).
cited Cited as authority (rule) Jose Maiz v. Amir Virani
11th Cir. · 2001 · confidence medium
Ass’n v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986).
cited Cited as authority (rule) Jose Maiz v. Amir Virani
11th Cir. · 2001 · confidence medium
Ass’n v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir. 1986).
cited Cited as authority (rule) Flowers v. Ford Motor Credit Co.
M.D. Ala. · 1997 · confidence medium
Ass’n v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986).
cited Cited as authority (rule) Mack v. General Motors Acceptance Corp.
M.D. Ala. · 1996 · confidence medium
Ass’n v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986).
discussed Cited as authority (rule) Francis v. Riverside Medical Services, Inc.
M.D. Ga. · 1995 · confidence medium
However, “two isolated acts of racketeering activity do not constitute a pattern; rather, to establish a pattern, there must be a showing of more than one racketeering activity and the threat of continuing activity.” Bank of America National Trust & Savings Association v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986).
discussed Cited as authority (rule) De Wit v. Firstar Corp.
N.D. Iowa · 1995 · confidence medium
Ass’n v. Touche Ross & Co., 782 F.2d 966, 970 (11th Cir.1986); United States v. Webster, 669 F.2d 185, 186-87 (4th Cir.), cert. denied, 456 U.S. 935 , 102 S.Ct. 1991 , 72 L.Ed.2d 455 (1982); United States v. Kovic, 684 F.2d 512, 516 (7th Cir.), cert. denied, 459 U.S. 972 , 103 S.Ct. 304 , 74 L.Ed.2d 284 (1982).
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…
discussed Cited as authority (rule) Joseph P. Napoli, Marty Gabe, Dennis Rella, Alan Weinstein and Harold Fishman v. United States
2d Cir. · 1994 · confidence medium
Assn. v. Touche Ross & Co., 782 F.2d 966, 970 (11th Cir.1986) (rejecting same test), and overruling in part our decision in Scotto , the Court answered in the affirmative the question “whether one must participate, in the operation or management of the enterprise itself to be subject to liability under [ 18 U.S.C. § 1962 (c) ].” — U.S. at -,-, 113 S.Ct. at 1166, 1172-73.
discussed Cited as authority (rule) ca11 1994
11th Cir. · 1994 · confidence medium
Predicate acts extending over a few weeks or months and threatening no future criminal conduct do not satisfy this requirement.... 27 Id. at 241-42, 109 S.Ct. at 2902 . 28 We have held that "[a]cts that are part of the same scheme or transaction can qualify as distinct predicate acts," Bank of America v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986), as long as "each act constitutes a separate violation of the state or federal statute governing the conduct in question," United States v. Watchmaker, 761 F.2d 1459, 1475 (11th Cir.1985) (internal quotations omitted), cert. denied, 474 U.S.…
discussed Cited as authority (rule) Cox v. Administrator United States Steel & Carnegie
11th Cir. · 1994 · confidence medium
We have held that “[a]cts that are part of the same scheme or transaction can qualify as distinct predicate acts,” Bank of America v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986), as long as “each act constitutes a separate violation of the state or federal statute governing the conduct in question,” United States v. Watchmaker, 761 F.2d 1459, 1475 (11th Cir.1985) (internal quotations omitted), cert. denied, 474 U.S. 1100 , 106 S.Ct. 879 , 88 L.Ed.2d 917 (1986). “‘If distinct statutory violations are found, the predicate acts will be considered to be distinct irrespective o…
discussed Cited as authority (rule) Reves v. Ernst & Young (2×)
SCOTUS · 1993 · confidence medium
We granted certiorari, 502 U. S. 1090 (1992), to resolve the conflict between these cases and Bank of America National Trust & Savings Assn. v. Touche Ross & Co., 782 F. 2d 966, 970 (CA11 1986) (rejecting requirement that a defendant participate in the operation or management of an enterprise).
cited Cited as authority (rule) In Re Sahlen & Associates, Inc. Securities Litigation
S.D. Fla. · 1991 · confidence medium
Ass’n v. Touche Ross & Co., 782 F.2d 966, 970 (11th Cir.1986).
discussed Cited as authority (rule) Shonac Corp. v. AMKO International, Inc.
S.D. Ohio · 1991 · confidence medium
Conduct “simply means the performance of activities necessary or helpful to the operation of the enterprise.” Bank of America National Trust and Savings Association v. Touche Ross & Company, 782 F.2d 966, 970 (11th Cir.1986). 1.
discussed Cited as authority (rule) United States v. Jorge Enrique Gonzalez, A/K/A George, Maurice Roundy, Michael Timothy Sweeton
11th Cir. · 1991 · confidence medium
Bank of America v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986) (emphasis added), citing United States v. Watchmaker, 761 F.2d 1459, 1475 (11th Cir.1985), cert. denied, 474 U.S. 1100 , 106 S.Ct. 879 , 88 L.Ed.2d 917 (1986). 23 Sweeton’s arguments as to the merger of his Travel Act predicate and his possession predicate because they both rely on his presence at the Sylvania airport on May 23, fail for the same reasons discussed above concerning Roundy.
cited Cited as authority (rule) Ronald O. Pelletier v. Gary D. Zweifel, Ronald O. Pelletier v. Gary D. Zweifel
11th Cir. · 1991 · confidence medium
Ass’n v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986).
discussed Cited as authority (rule) Yellow Bus Lines, Inc. v. Drivers, Chauffeurs & Helpers Local Union 639 (2×) also: Cited "see"
D.C. Cir. · 1990 · confidence medium
The Eleventh Circuit rejected such an “operation or management” test, expressly stating, “It is not necessary that a RICO defendant participate in the management or operation of the enterprise.” Bank of America v. Touche Ross & Co., 782 F.2d 966, 970 (11th Cir.1986).
discussed Cited as authority (rule) cadc 1990 (2×) also: Cited "see"
D.C. Cir. · 1990 · confidence medium
A defendant's participation must be in the conduct of the affairs of a RICO enterprise, which ordinarily will require some participation in the operation or management of the enterprise itself. 33 Bennett v. Berg, 710 F.2d 1361, 1364 (8th Cir.), cert. denied, 464 U.S. 1008 , 104 S.Ct. 527 , 78 L.Ed.2d 710 (1983) (emphasis supplied) (citation omitted). 34 The Eleventh Circuit rejected such an "operation or management" test, expressly stating, "It is not necessary that a RICO defendant participate in the management or operation of the enterprise." Bank of America v. Touche Ross & Co., 782 F.2d 9…
discussed Cited as authority (rule) Overnite Transportation Company v. Truck Drivers, Oil Drivers, Filling Station and Platform Workers Union Local No. 705
7th Cir. · 1990 · confidence medium
The most restrictive approach to the “conduct or participate” nexus language in § 1962(c) imposes liability only where the defendant’s conduct involves “some participation in the management or direction of the enterprise itself.” Bank of America v. Touche Ross & Co., 782 F.2d 966, 970 (11th Cir.1986).
discussed Cited as authority (rule) Mery v. Universal Savings Ass'n
S.D. Tex. · 1990 · confidence medium
In order for the plaintiffs to validly plead a RICO cause of action, the plaintiffs must allege “more than one racketeering activity and the threat of continuing activity.” Bank of America National Trust & Savings Ass’n v. Touche, Ross & Co., 782 F.2d 966, 971 (11th Cir.1986) (held: “two isolated acts of racketeering activity do not constitute a pattern.” Id.). 2 See also, Montesano v. Seafirst Commercial Corp., *1005 818 F.2d 423 (5th Cir.1987).
discussed Cited as authority (rule) Homes by Michelle, Inc. v. Federal Savings Bank
N.D. Ga. · 1990 · confidence medium
To allege a pattern of racketeering activity, plaintiffs must allege “more than one racketeering activity and the threat of continuing activity.” Bank of America National Trust & Savings Assn. v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986).
discussed Cited as authority (rule) Marshall-Silver Construction Company, Inc. v. Mendel
3rd Cir. · 1990 · confidence medium
Inc. v. Franciscan Ceramics Inc., 818 F.2d 1466 , 1469 (9th Cir.1987) (single scheme with multiple fraudulent sales to multiple victims may constitute RICO pattern); Bank of America Nat'l Trust & Savings Ass'n v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986) (nine predicate acts all part of a single scheme satisfy the pattern requirement after Sedima ). 16 This court has dealt with the pattern issue on a number of occasions.
discussed Cited as authority (rule) cadc 1989
D.C. Cir. · 1989 · confidence medium
Co. v. Bennett, 464 U.S. 1008 , 104 S.Ct. 527 , 78 L.Ed.2d 710 (1983) ("[S]ome participation in the operation or management of the enterprise itself" is ordinarily required); Bank of America v. Touche Ross & Co., 782 F.2d 966, 970 (11th Cir.1986) (chargeable predicate acts must be "helpful or necessary" to the operation of the enterprise); United States v. Ladmer, 429 F.Supp. 1231, 1244 (E.D.N.Y.1977) (dismissing a RICO charge based on unauthorized expenditure of union funds for personal travel expenses because unrelated to the enterprise's "essential" or "core" function). 42 Other federal cou…
discussed Cited as authority (rule) Harry E. Fleischhauer v. C. Elvin Feltner, Jr.
6th Cir. · 1989 · confidence medium
The acts occurred over a period of time; the solicitations began in October 1980; the sales occurred between November 1980 and early 1981; the contract envisioned a 10-year relationship between defendants and plaintiffs. 7 We conclude that these acts, even though arguably in furtherance of a single scheme to defraud a class of investors, constituted a sufficient “pattern of racketeering activity.” 8 We also reject any contention that a “pattern” requires “multiple schemes.” See H.J., Inc., 829 F.2d at 650 ; Int’l Data Bank, Ltd. v. Zepkin, 812 F.2d 149 (4th Cir.1987); United Stat…
discussed Cited as authority (rule) Yellow Bus Lines, Inc. v. Drivers, Chauffeurs & Helpers Local Union 639
D.C. Cir. · 1989 · confidence medium
Co. v. Bennett, 464 U.S. 1008 , 104 S.Ct. 527 , 78 L.Ed.2d 710 (1983) (“[S]ome participation in the operation or management of the enterprise itself” is ordinarily required); Bank of America v. Touche Ross & Co., 782 F.2d 966, 970 (11th Cir.1986) (chargeable predicate acts must be “helpful or necessary” to the operation of the enterprise); United States v. Ladmer, 429 F.Supp. 1231, 1244 (E.D.N.Y.1977) (dismissing a RICO charge based on unauthorized expenditure of union funds for personal travel expenses because unrelated to the enterprise’s “essential” or “core” function).
cited Cited as authority (rule) Youngblood v. Lawyers Title Ins. Corp.
S.D. Ala. · 1989 · confidence medium
America National Trust & Savings Assoc. v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986).
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…
discussed Cited as authority (rule) The Procter & Gamble Company v. Big Apple Industrial Buildings, Inc.
2d Cir. · 1989 · confidence medium
Ass'n v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986) (rejecting defendants' argument that predicate acts must occur in different criminal episodes and holding that nine acts of wire and mail fraud involving the same parties over a three-year period in the course of single scheme satisfy the pattern requirement); R.A.G.S.
discussed Cited as authority (rule) Procter & Gamble Co. v. Big Apple Industrial Buildings, Inc.
2d Cir. · 1989 · confidence medium
Ass’n v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986) (rejecting defendants’ argument that predicate acts must occur in different criminal episodes and holding that nine acts of wire and mail fraud involving the same parties over a three-year period in the course of single scheme satisfy the pattern requirement); R.A.G.S.
discussed Cited as authority (rule) Elysian Federal Savings Bank v. First Interregional Equity Corp.
D.N.J. · 1989 · confidence medium
See also United States v. Grayson, 795 F.2d 278, 290 (3d Cir.1986) (six predicate acts over one and one-half years sufficient for “pattern” under RICO); Bank of America v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir. 1986) (nine separate acts of mail and wire fraud over three years sufficient for a pattern under RICO).
cited Cited as authority (rule) San Jacinto Savings Ass'n v. TDC Corp. of Florida
M.D. Fla. · 1989 · confidence medium
Bank of America National Trust & Savings As *1581 sociation v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986).
discussed Cited as authority (rule) Overnite Transportation Co. v. Truck Drivers, Oil Drivers, Filling Station & Platform Workers Union Local No. 705
N.D. Ill. · 1989 · confidence medium
It rejected the approach taken by some courts that the defendant’s acts be “helpful and necessary” to, Bank of America v. Touche, Ross & Co., 782 F.2d 966, 970 (11th Cir.1986), or involved in the “operation or management of,” Bennett v. Berg, 710 F.2d 1361, 1364 (8th Cir.1983), the enterprise.
discussed Cited as authority (rule) United States v. Anthony Indelicato (2×) also: Cited "see"
2d Cir. · 1989 · confidence medium
In contrast, the Eleventh Circuit ruled that a series of predicate acts related to one fraudulent scheme or criminal episode can constitute a pattern, stating that the standard of that circuit is that each act is a separate predicate act for pattern purposes if it constitutes a separate violation of federal or state law listed in § 1961(1) “ ‘irrespective of the circumstances under which [the acts] arose.’ ” Bank of America National Trust & Savings Ass’n v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986) (quoting United States v. Watchmaker, 761 F.2d 1459, 1475 (11th Cir.1985),…
discussed Cited as authority (rule) Ford v. Citizens & Southern National Bank (2×) also: Cited "see"
N.D. Ga. · 1988 · confidence medium
The question therefore becomes whether, by alleging these two racketeering acts, Ford has alleged a “pattern of racketeering activity.” “[T]o establish a pattern there must be a showing of more than one racketeering activity and the threat of continuing activity.” Bank of America National Trust & Savings Assoc. v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986). “[Cjriminal conduct forms a pattern if it embraces criminal acts that have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing character…
discussed Cited as authority (rule) Webb v. Primo's Inc.
N.D. Ga. · 1988 · confidence medium
However, the Eleventh Circuit does expressly require “the threat of continuing activity as a prerequisite to finding a pattern.” Sheftelman v. Jones, 636 F.Supp. 263 (N.D.Ga.1986) (citing Bank of America National Trust & Savings Association v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986).
discussed Cited as authority (rule) Blake v. Dierdorff
9th Cir. · 1988 · confidence medium
Ass'n v. Touche Ross & Co., 782 F.2d 966, 970-71 (11th Cir.1986) (accountants provided numerous false financial statements). 36 The complaint alleges Arthur Young prepared and certified Sun Saving's 1983 financial statements.
cited Cited as authority (rule) Blake v. Dierdorff
9th Cir. · 1988 · confidence medium
Ass’n v. Touche Ross & Co., 782 F.2d 966, 970-71 (11th Cir.1986) (accountants provided numerous false financial statements).
cited Cited as authority (rule) Durham v. Business Management Associates
11th Cir. · 1988 · confidence medium
Ass’n. v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986).
discussed Cited as authority (rule) ca11 1988
11th Cir. · 1988 · confidence medium
Ass'n. v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986). 17 To establish the second predicate act, appellees allege in the amended complaint that the RICO appellants promoted and sold subscriptions for interests in a venture named the "Free Enterprise Program Investment." 10 The amended complaint alleges that the venture was structured in the following manner: Investors subscribed for units of interest in the venture, which produced a cassette library.
discussed Cited as authority (rule) Walk v. Baltimore And Ohio Railroad
4th Cir. · 1988 · confidence medium
The Second and Eleventh Circuits, by contrast, have focused solely on the number of related predicate acts, without regard to the existence of separate "schemes." See, e.g., United States v. Ianniello, 808 F.2d 184, 189-93 (2d Cir.1986); Bank of America v. Touche Ross & Co., 782 F.2d 966, 970-71 (11th Cir.1986).
discussed Cited as authority (rule) Walk v. Baltimore & Ohio Railroad
4th Cir. · 1988 · confidence medium
The Second and Eleventh Circuits, by contrast, have focused solely on the number of related predicate acts, without regard to the existence of separate “schemes.” See, e.g., United States v. Ianniello, 808 F.2d 184, 189-93 (2d Cir.1986); Bank of America v. Touche Ross & Co., 782 F.2d 966, 970-71 (11th Cir.1986).
discussed Cited as authority (rule) cadc 1988
D.C. Cir. · 1988 · confidence medium
Co. v. Bennett, 464 U.S. 1008 , 104 S.Ct. 527 , 78 L.Ed.2d 710 (1983) ("[S]ome participation in the operation or management of the enterprise itself" is ordinarily required); Bank of America v. Touche Ross & Co., 782 F.2d 966, 970 (11th Cir.1986) (chargeable predicate acts must be "helpful or necessary" to the operation of the enterprise); United States v. Ladmer, 429 F.Supp. 1231, 1244 (E.D.N.Y.1977) (dismissing a RICO charge based on unauthorized expenditure of union funds for personal travel expenses because unrelated to the enterprise's "essential" or "core" function). 41 Other federal cou…
cited Cited as authority (rule) Beauford v. Helmsley
2d Cir. · 1988 · confidence medium
Ass'n v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986); R.A.G.S.
discussed Cited as authority (rule) Outlet Communications, Inc. v. King World Productions, Inc. (2×) also: Cited "see"
M.D. Fla. · 1988 · confidence medium
Sedima, 473 U.S. at 496 n. 14, 105 S.Ct. at 3285 n. 14; Bank of America National Trust & Savings Association v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986); Mills, 668 F.Supp. at 1560 ; Sheftelman v. Jones, 636 F.Supp. 263, 267 (N.D.Ga.1986); see United States v. Fernandez, 797 F.2d 943, 951 (11th Cir.1986), cert. denied, — U.S.-, 107 S.Ct. 3230 , 92 L.Ed.2d 736 (1987); Shared Network, 669 F.Supp. at 428 .
cited Cited as authority (rule) Beauford v. Helmsley
2d Cir. · 1988 · confidence medium
Ass’n v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986); R.A.G.S.
cited Cited as authority (rule) United Energy Owners Committee, Inc., and Robert T. Gilleran v. United States Energy Management Systems, Inc.
9th Cir. · 1988 · confidence medium
Ass’n v. Touche Ross & Co., 782 F.2d 966, 971 (11th Cir.1986) (rejecting multiple criminal episode requirement)).
cited Cited as authority (rule) Medallion Television Enterprises, Inc., John Ettlinger v. Selectv of California, Inc., James Levitus, Lionel Schaen, Richard Kulis
9th Cir. · 1988 · confidence medium
Ass’n v. Touche Ross & Co., 782 F.2d 966, 970-71 (11th Cir.1986).
BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION, Et Al., Plaintiffs-Appellants,
v.
TOUCHE ROSS & COMPANY, Et Al., Defendants-Appellees
85-8343.
Court of Appeals for the Eleventh Circuit.
Feb 20, 1986.
782 F.2d 966
Robert W. Patrick, Karen Wildau, Jesse H. Austin, III, Samuel J. Zusmann, Jr., Atlanta, Ga., for plaintiffs-appellants., Jeffrey M. Smith, Atlanta, Ga., for Touche Ross & Co., Timothy R. Askew, Jr., Atlanta, Ga., for other defendants-appellees.
Godbold, Anderson, Atkins.
Cited by 142 opinions  |  Published
GODBOLD, Chief Judge:

Plaintiff banks filed suit against Touche Ross and a number of the firm’s partners and employees seeking to recover treble damages for alleged violations of the Racketeering Influenced and Corrupt Organizations Act (RICO) 18 U.S.C. §§ 1961, et seq. The district court, 603 F.Supp. 351, dismissed the complaint for failure to state a claim. F.R.Civ.P. 12(b)(6). We reverse.

BACKGROUND

Plaintiffs are five banks who extended $60 million in credit to International Horizons, Inc. As a prerequisite to execution of the credit agreement International Horizons was required to provide audited financial statements and unqualified reports to the banks. Defendant Touche Ross, a firm of certified public accountants, prepared these statements.

Two years after the financing agreement was signed International Horizons filed for bankruptcy. During the course of the bankruptcy litigation, the banks entered into a settlement with International Horizons that resulted in a loss to the banks of approximately $16.7 million in unpaid loans and legal expenses.

DISCUSSION

The banks filed this suit under § 1964 of RICO which 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.

The complaint alleges that defendants violated §§ 1962(c) and (d) which provide:

(c) 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.
(d) It shall be unlawful for any person to conspire to violate any of the provisions of subsections (a), (b), or (c) of this section.

Restating the banks’ factual allegations within RICO’s definitional framework, [1][*969] they allege that defendants were “persons” employed by or associated with International Horizons, an “enterprise” engaged in interstate and foreign commerce and that the banks suffered injury as a result of defendants’ direct or indirect participation in the conduct of International Horizons’ affairs through a “pattern of racketeering activity" (i.e., two or more acts of mail fraud and wire, fraud).

The district court dismissed the action, relying on its earlier decision in Morosani v. First National Bank of Atlanta, 581 F.Supp. 945 (N.D.Ga.1984) and held that to state a claim under § 1964(c) a plaintiff must allege an injury resulting from the “social harm” that the RICO statute sought to address and the injury must “link up” with a recognized purpose served by the statute.

The district court explained that there were two settings in which a civil cause of action under RICO could arise. In the first factual setting the racketeer/defendant manipulates the affairs of the enterprise by committing multiple criminal acts, i.e., a pattern of racketeering injury, that have primary impact on the enterprise and collateral impact (adverse economic impact) on others. The social harm seen by the court is collateral economic harm flowing from unlawful manipulation of the enterprise’s affairs.

In the second class of cases the enterprise is a corrupt or criminal enterprise that undertakes a pattern of racketeering activity, i.e. of criminal acts, directed at plaintiffs. The social harm designated by the district court is the enhancement of power that presumptively occurs when multiple criminal acts are committed by a corrupt enterprise.

The banks failed to allege either of these factual settings. This action does not fall within the first class of cases because the banks alleged direct rather than collateral economic injury, and it does not fall within the second category because the banks did not allege that International Horizons was a corrupt or criminal enterprise.

The district court dismissed the case before the Supreme Court handed down its decision in Sedima, S.P.R.L. v. Imrex Co., Inc., — U.S. -, 105 S.Ct. 3275, 87 L.Ed.2d 346 (1985). In Sedima the Court rejected the Second Circuit’s requirement that under § 1964(c) a plaintiff must establish a “racketeering injury” separate from the harm received as a result of the predicate acts prohibited by RICO. The Court held that to establish a civil RICO claim a plaintiff is required only to allege conduct of an enterprise through a pattern of racketeering activity and an injury to his business or property resulting from the pattern.

[T]he statute requires no more than this. Where the plaintiff alleges each element of the violation, the compensable injury necessarily is the harm caused by predicate acts sufficiently related to constitute a pattern, for the essence of the violation is a commission of those acts in connection with the conduct of an enterprise. Those acts are, when committed in the circumstances delineated in Section 1962(c), “an activity which RICO was designed to deter.” Any recoverable damages occurring by reason of a violation of § 1962(c) will flow from the commission of the predicate acts.

Sedima, 105 S.Ct. at 3286.

In Sedima the Court also rejected an attempt to restrict RICO’s civil application by a narrow reading of the statute premised upon the social harm addressed by the statute:

The court’s statement that the plaintiff must seek redress for an injury caused by conduct that RICO was designed to deter is unhelpfully tautological. Nor is clarity furnished by a negative statement of its rule: standing is not provided by[*970] the injury resulting from the predicate acts themselves.
We need not pinpoint the Second Circuit’s precise holding, for we perceive no distinct “racketeering injury” requirement. Given that “racketeering activity” consists of no more and no less than commission of a predicate act, § 1961(1), we are initially doubtful about a requirement of a “racketeering injury” separate from the harm of the predicate acts. A reading of the statute belies any such requirement____ There is no room in the statutory language for an additional, amorphous “racketeering injury” requirement.

Sedima, 105 S.Ct. at 3284-3285.

Therefore, under Sedima, the district court’s analysis cannot stand. The banks were not required to allege an injury separate from the harm caused by the predicate acts described in § 1961. The district court’s reliance upon a construct based upon the social harm addressed by the statute and the necessity for collateral rather than direct injury was not in accord with the Supreme Court’s later decision.

Nevertheless, defendants contend that dismissal was warranted under Rule 12(b)(6) because the banks failed to allege sufficient participation by them in International Horizons’ affairs. This argument lacks merit. RICO does not require the degree of participation urged by defendants. It is not necessary that a RICO defendant participate in the management or operation of the enterprise. On its face, the statute requires only that the defendant “participate, directly or indirectly in the conduct of [the] enterprise’s affairs____” 18 U.S.C. § 1962(c).

The substantive proscriptions of the RICO statute apply to insiders and outsiders — those merely “associated with” an enterprise — who participate directly and indirectly in the enterprise’s affairs through a pattern of racketeering activity— The RICO net is woven tightly to trap even the smallest fish, those peripherally involved.

United States v. Watchmaker, 761 F.2d 1459, 1476 (11th Cir.1985), quoting United States v. Elliott, 571 F.2d 880, 903 (5th Cir.) cert. denied, 439 U.S. 953, 99 S.Ct. 349, 58 L.Ed.2d 344 (1978) (emphasis in original). [2]

Defendants argue that Congress intended to limit the reach of a civil RICO action by imposing a “conduct” requirement, i.e., that defendant conducted or participated in the conduct of a RICO enterprise in a significant manner. This argument ignores the “directly or indirectly” language of § 1962(c).

The complaint alleges sufficient participation to withstand a 12(b)(6) motion. The banks have alleged that defendants assisted in the preparation and dissemination of false financial statements. These financial statements were helpful to International Horizons because they allegedly induced the banks to lend money to the enterprise. The word “conduct” in § 1962(c) simply means the performance of activities necessary or helpful to the operation of the enterprise. U.S. v. Martino, 648 F.2d 367 (5th Cir.1981), aff'd on other grounds sub nom. Russello v. U.S., 464 U.S. 16,104 S.Ct. 296, 78 L.Ed.2d 17 (1983).

Defendants’ argument that they were independent auditors and, therefore, did not participate in International Horizons’ affairs also misses the mark. This argument raises a question of fact that may not be addressed on a motion to dismiss.

Defendants also contend that the banks failed to allege the existence of a pattern of racketeering activity. Although § 1961(5) merely requires “at least two acts of racketeering activity” in order to establish a pattern, the Supreme Court has indicated that two acts may not be suffi[*971] cient. In Sedima the Court reviewed the legislative history of RICO and stated that two isolated acts of racketeering activity do not constitute a pattern; rather, to establish a pattern there must be a showing of more than one racketeering activity and the threat of continuing activity. As an aid in interpreting RICO’s pattern requirement, the Court quoted from 18 U.S.C. § 3575(e): “criminal conduct forms a pattern if it embraces criminal acts that have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events.” Sedima, 105 S.Ct. at 3285, n. 14.

In this case the banks have alleged nine separate acts of wire and mail fraud, involving the same parties over a period of three years, for the purpose of inducing the banks to extend credit to International Horizons. Under Sedima the complaint satisfies the pattern requirement.

Nor is the complaint deficient because the banks have alleged only one instance of mail fraud in which defendants actively placed a document in the mail. The banks have alleged that on seven occasions defendants prepared false financial statements and reports that they knew would be mailed to the banks. All that is necessary to establish a mailing under 18 U.S.C. § 1341 is a showing that the defendant acted “with knowledge that the use of the mails [would] follow in the ordinary course of business, or where such use [could] reasonably be foreseen, even though not actually intended____” Pereira v. U.S., 347 U.S. 1, 8-9, 74 S.Ct. 358, 363, 98 L.Ed. 435, 444 (1954); U.S. v. Green, 494 F.2d 820, 824 (5th Cir.), cert. denied, 419 U.S. 1004, 95 S.Ct. 325, 42 L.Ed.2d 280 (1974).

Defendants urge this court to adopt a rule under which the predicate acts must occur in different criminal episodes in order to satisfy the pattern requirement. In this case all the alleged acts of wire and mail fraud were part of a single scheme. Defendants’ interpretation, however, not only ignores the language of § 3575(e) quoted by the Sedima Court but also contradicts the rule of this circuit. Acts that are part of the same scheme or transaction can qualify as distinct predicate acts.

The standard which has been applied in this Circuit is whether each act constitutes “a separate violation of the [state or federal] statute” governing the conduct in question____ If distinct statutory violations are found, the predicate acts will be considered to be distinct irrespective of the circumstances under which they arose.

U.S. v. Watchmaker, 761 F.2d at 1475. The banks have alleged separate violations of 18 U.S.C. §§ 1341 (relating to mail fraud) and 1343 (relating to wire fraud). Therefore, the complaint satisfied the pattern requirement set forth in Watchmaker.

The banks’ allegations are sufficient to . state a claim under § 1964(c) of RICO.

REVERSED.

1

. The terms "person,” "enterprise,” "racketeering activity,” and "pattern of racketeering activity” are defined under § 1961 of RICO as follows:

(1) "racketeering activity" means ... (B) any act which is indictable under any of the following provisions of title 18, United States Code: ... section 1341 (relating to mail fraud), section 1343 (relating to wire fraud)
(3) "person" includes any individual or entity capable of holding a legal or beneficial interest in property;
(4) "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;
[*969] (5) "pattern of racketeering activity” requires at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity[.]
2

. Although our prior decisions refusing to impose a "conduct" requirement occurred in criminal context, all of them were interpretations of § 1962, which provides the cause of action for civil RICO suits.