Order and Resemblance: Aquinas, Scotus, and the RICO Pattern

Since Sedima (1985) and H.J. Inc. (1989), courts have struggled to say what makes predicate acts a RICO "pattern." This paper argues that the question is the medieval problem of universals in a new setting. H.J. Inc.'s relatedness factors (similar purposes, results, participants, victims, and methods) mostly track resemblance. Drawing on Scotus's account of common natures, the paper defends resemblance as real rather than nominal; drawing on Aquinas's unity of order and Scotus's essential order, it argues that only order makes related acts one pattern. The two tests diverge: similar acts with no common plan resemble without forming a pattern, while dissimilar acts ordered to one end, such as a fraud and the laundering of its proceeds, form one. Continuity, where most cases are decided, becomes the question whether the acts express a settled disposition (habitus) or a project with a built-in end. The paper closes by showing that antitrust already infers agreement on the same terms. Drafted with the assistance of Claude (Anthropic); the author is responsible for the arguments and citations.