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.

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Publication Details

Published
2026-10-30
DOI
https://doi.org/10.31219/osf.io/8s6r5_v1
Primary Topic
Criminal Law and Policy
Type
preprint
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Order and Resemblance: Aquinas, Scotus, and the RICO Pattern

Trey Noble Tangeman
Criminal Law and Policy
preprint

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

Trey Noble Tangeman
preprint en

Abstract

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.

Peace, justice, and strong institutions
Criminal Law and Policy
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Order and Resemblance: Aquinas, Scotus, and the RICO Pattern — Trey Noble Tangeman · (2026) | TGRS Research Map | TGRS