In Salinas v. United States, 522 U.S. 52 (1997), this Court held that the RICO conspiracy does not require proof that a defendant himself committed or agreed to commit the two predicate acts required for a substantive RICO offense under ¶1962 (c). This determination is not challenged here.

The question is whether Salinas directed, as the First Circuit erroneously concluded, that the jury need not make any finding what predicate acts were committed when the defendant, as his sole defense, claimed that the acts proven were not predicate acts as defined by the RICO conspiracy statute.

Whether the jury must find the specific predicate acts committed under the RICO conspiracy statute