Bridge v. Phoenix Bond & Indemnity Co.
Full Opinion (html_with_citations)
delivered the opinion of the Court.
The Racketeer Influenced and Corrupt Organizations Act (RICO or Act), 18 U. S. C. §§ 1961-1968, provides a private right of action for treble damages to â[a]ny person injured in his business or property by reason of a violationâ of the Actâs criminal prohibitions. § 1964(c). The question presented in this case is whether a plaintiff asserting a RICO claim predi *642 cated on mail fraud must plead and prove that it relied on the defendantâs alleged misrepresentations. Because we agree with the Court of Appeals that a showing of first-party reliance is not required, we affirm.
I
Each year the Cook County, Illinois, Treasurerâs Office holds a public auction at which it sells tax liens it has acquired on the property of delinquent taxpayers. 1 Prospective buyers bid on the liens, but not in cash amounts. Instead, the bids are stated as percentage penalties the property owner must pay the winning bidder in order to clear the lien. The bidder willing to accept the lowest penalty wins the auction and obtains the right to purchase the lien in exchange for paying the outstanding taxes on the property. The property owner may then redeem the property by paying the lienholder the delinquent taxes, plus the penalty established at the auction and an additional 12% penalty on any taxes subsequently paid by the lienholder. If the property owner does not redeem the property within the statutory redemption period, the lienholder may obtain a tax deed for the property, thereby in effect purchasing the property for the value of the delinquent taxes.
Because property acquired in this manner can often be sold at a significant profit over the amount paid for the lien, the auctions are marked by stiff competition. As a result, most parcels attract multiple bidders willing to accept the lowest penalty permissible â 0%, that is to say, no penalty at all. (Perhaps to prevent the perverse incentive taxpayers would have if they could redeem their property from a winning bidder for less than the amount of their unpaid taxes, the county does not accept negative bids.) The lower limit *643 of 0% creates a problem: Who wins when the bidding results in a tie? The countyâs solution is to allocate parcels âon a rotational basisâ in order to ensure that liens are apportioned fairly among 0% bidders. App. 18.
But this creates a perverse incentive of its own: Bidders who, in addition to bidding themselves, send agents to bid on their behalf will obtain a disproportionate share of liens. To prevent this kind of manipulation, the county adopted the âSingle, Simultaneous Bidder Rule,â which requires each âtax buying entityâ to submit bids in its own name and prohibits it from using âapparent agents, employees, or related entitiesâ to submit simultaneous bids for the same parcel. 2 Id., at 67. Upon registering for an auction, each bidder must submit a sworn affidavit affirming that it complies with the Single, Simultaneous Bidder Rule.
Petitioners and respondents are regular participants in Cook Countyâs tax sales. In July 2005, respondents filed a complaint in the United States District Court for the Northern District of Illinois, contending that petitioners had fraudulently obtained a disproportionate share of liens by violating the Single, Simultaneous Bidder Rule at the auctions held from 2002 to 2005. According to respondents, peti *644 tioner Sabre Group, LLC, and its principal Barrett Rochman arranged for related firms to bid on Sabre Groupâs behalf and directed them to file false attestations that they complied with the Single, Simultaneous Bidder Rule. Having thus fraudulently obtained the opportunity to participate in the auction, the related firms collusively bid on the same properties at a 0% rate. As a result, when the county allocated liens on a rotating basis, 3 it treated the related firms as independent entities, allowing them collectively to acquire a greater number of liens than would have been granted to a single bidder acting alone. The related firms then purchased the liens and transferred the certificates of purchase to Sabre Group. In this way, respondents allege, petitioners deprived them and other bidders of their fair share of liens and the attendant financial benefits.
Respondentsâ complaint contains five counts. Counts I-IV allege that petitioners violated and conspired to violate RICO by conducting their affairs through a pattern of racketeering activity involving numerous acts of mail fraud. In support of their allegations of mail fraud, respondents assert that petitioners âmailed or caused to be mailed hundreds of mailings in furtherance of the scheme,â id., at 49, when they *645 sent property owners various notices required by Illinois law. Count V alleges a state-law claim of tortious interference with prospective business advantage.
On petitionersâ motion, the District Court dismissed respondentsâ RICO claims for lack of standing. It observed that â[o]nly [respondents] and other competing buyers, as opposed to the Treasurer or the property owners, would suffer a financial loss from a scheme to violate the Single, Simultaneous Bidder Rule.â App. to Pet. for Cert. 17a. But it concluded that respondents âare not in the class of individuals protected by the mail fraud statute, and therefore are not within the âzone of interestsâ that the RICO statute protects,â because they âwere not recipients of the alleged misrepresentations and, at best were indirect victims of the alleged fraud.â Id., at 18a. The District Court declined to exercise supplemental jurisdiction over respondentsâ tortious-interference claim and dismissed it without prejudice.
The Court of Appeals for the Seventh Circuit reversed. It first concluded that â[standing is not a problem in this suitâ because respondents suffered a âreal injuryâ when they lost the valuable chance to acquire more liens, and because âthat injury can be redressed by damages.â 477 F. 3d 928, 930 (2007). The Court of Appeals next concluded that respondents had sufficiently alleged proximate cause under Holmes v. Securities Investor Protection Corporation, 503 U. S. 258 (1992), and Anza v. Ideal Steel Supply Corp., 547 U. S. 451 (2006), because they (along with other losing bidders) were âimmediately injuredâ by petitionersâ scheme. 477 F. 3d, at 930-932. Finally, the Court of Appeals rejected petitionersâ argument that respondents are not entitled to relief under RICO because they did not receive, and therefore did not rely on, any false statements: âA scheme that injures D by making false statements through the mail to E is mail fraud, and actionable by D through RICO if the injury is not derivative of someone elseâs.â Id., at 932.
*646 With respect to this last holding, the Court of Appeals acknowledged that courts have taken conflicting views. By its count, â[t]hree other circuits that have considered this question agree . . . that the direct victim may recover through RICO whether or not it is the direct recipient of the false statements,â ibid, (citing Mid Atlantic Telecom, Inc. v. Long Distance Servs., Inc., 18 F. 3d 260,263-264 (CA4 1994); Systems Management, Inc. v. Loiselle, 303 F. 3d 100,103-104 (CA1 2002); Ideal Steel Supply Corp. v. Anza, 373 F. 3d 251, 263 (CA2 2004)), whereas two Circuits hold that the plaintiff must show that it in fact relied on the defendantâs misrepresentations, 477 F. 3d, at 932 (citing VanDenBroeck v. CommonPoint Mortgage Co., 210 F. 3d 696,701 (CA6 2000); Sikes v. Teleline, Inc., 281 F. 3d 1350, 1360-1361 (CA11 2002)). Compare also Sandwich Chef of Texas, Inc. v. Reliance Nat. Indemnity Ins. Co., 319 F. 3d 205, 223 (CA5 2003) (recognizing âa narrow exception to the requirement that the plaintiff prove direct reliance on the defendantâs fraudulent predicate act... when the plaintiff can demonstrate injury as a direct and contemporaneous result of [a] fraud committed against a third partyâ), with Appletree Square I, L. P. v. W. R. Grace & Co., 29 F. 3d 1283,1286-1287 (CA8 1994) (requiring the plaintiff to show that it detrimentally relied on the defendantâs misrepresentations).
We granted certiorari, 552 U. S. 1087 (2008), to resolve the conflict among the Courts of Appeals on âthe substantial question,â Anza, supra, at 461, whether first-party reliance is an element of a civil RICO claim predicated on mail fraud. 4
*647 II
We begin by setting forth the applicable statutory provisions. RICOâs private right of action is contained in 18 U. S. C. § 1964(c), which provides in relevant part that â[a]ny 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 attorneyâs fee.â Section 1962 contains RICOâs criminal prohibitions. Pertinent here is § 1962(c), which makes it âunlawful for any person employed by or associated withâ an enterprise engaged in or affecting interstate or foreign commerce âto conduct or participate, directly or indirectly, in the conduct of such enterpriseâs affairs through a pattern of racketeering activity.â The term âracketeering activityâ is defined to include a host of so-called predicate acts, including âany act which is indictable under . . . section 1341 (relating to mail fraud).â § 1961(1)(B).
The upshot is that RICO provides a private right of action for treble damages to any person injured in his business or property by reason of the conduct of a qualifying enterpriseâs affairs through a pattern of acts indictable as mail fraud. Mail fraud, in turn, occurs whenever a person, âhaving devised or intending to devise any scheme or artifice to defraud,â uses the mail âfor the purpose of executing such scheme or artifice or attempting so to do.â §1341. The gravamen of the offense is the scheme to defraud, and any âmailing that is incident to an essential part of the scheme satisfies the mailing element,â Schmuck v. United States, 489 U. S. 705, 712 (1989) (citation and internal quotation marks omitted), even if the mailing itself âcontain[s] no false information,â id., at 715.
Once the relationship among these statutory provisions is understood, respondentsâ theory of the case is straightforward. They allege that petitioners devised a scheme to de *648 fraud when they agreed to submit false attestations of compliance with the Single, Simultaneous Bidder Rule to the county. In furtherance of this scheme, petitioners used the mail on numerous occasions to send the requisite notices to property owners. Each of these mailings was an âact which is indictableâ as mail fraud, and together they constituted a âpattern of racketeering activity.â By conducting the affairs of their enterprise through this pattern of racketeering activity, petitioners violated § 1962(c). As a result, respondents lost the opportunity to acquire valuable liens. Accordingly, respondents were injured in their business or property by reason of petitionersâ violation of § 1962(c), and RICOâs plain terms give them a private right of action for treble damages.
Petitioners argue, however, that because the alleged pattern of racketeering activity consisted of acts of mail fraud, respondents must show that they relied on petitionersâ fraudulent misrepresentations. This they cannot do, because the alleged misrepresentations â petitionersâ attestations of compliance with the Single, Simultaneous Bidder Rule â were made to the county, not respondents. The county may well have relied on petitionersâ misrepresentations when it permitted them to participate in the auction, but respondents, never having received the misrepresentations, could not have done so. Indeed, respondents do not even allege that they relied on petitionersâ false attestations. Thus, petitioners submit, they fail to state a claim under RICO.
If petitionersâ proposed requirement of first-party reliance seems to come out of nowhere, there is a reason: Nothing on the face of the relevant statutory provisions imposes such a requirement. Using the mail to execute or attempt to execute a scheme to defraud is indictable as mail fraud, and hence a predicate act of racketeering under RICO, even if no one relied on any misrepresentation. See Neder v. United States, 527 U. S. 1, 24-25 (1999) (âThe common-law requirement] of 'justifiable relianceâ . . . plainly ha[s] no place *649 in the [mail, wire, or bank] fraud statutesâ). And one can conduct the affairs of a qualifying enterprise through a pattern of such acts without anyone relying on a fraudulent misrepresentation.
It thus seems plain â and indeed petitioners do not dispute â that no showing of reliance is required to establish that a person has violated § 1962(c) by conducting the affairs of an enterprise through a pattern of racketeering activity consisting of acts of mail fraud. See Anza, 547 U. S., at 476 (Thomas, J., concurring in part and dissenting in part) (âBecause an individual can commit an indictable act of mail or wire fraud even if no one relies on his fraud, he can engage in a pattern of racketeering activity, in violation of § 1962, without proof of relianceâ). If reliance is required, then, it must be by virtue of § 1964(c), which provides the right of action. But it is difficult to derive a first-party reliance requirement from § 1964(c), which states simply that â[a]ny person injured in his business or property by reason of a violation of section 1962â may sue for treble damages. The statute provides a right of action to â[a]ny personâ injured by the violation, suggesting a breadth of coverage not easily reconciled with an implicit requirement that the plaintiff show reliance in addition to injury in his business or property.
Moreover, a person can be injured âby reason ofâ a pattern of mail fraud even if he has not relied on any misrepresentations. This is a case in point. Accepting their allegations as true, respondents clearly were injured by petitionersâ scheme: As a result of petitionersâ fraud, respondents lost valuable liens they otherwise would have been awarded. And this is true even though they did not rely on petitionersâ false attestations of compliance with the countyâs rules. Or, to take another example, suppose an enterprise that wants to get rid of rival businesses mails misrepresentations about them to their customers and suppliers, but not to the rivals themselves. If the rival businesses lose money as a result *650 of the misrepresentations, it would certainly seem that they were injured in their business âby reason ofâ a pattern of mail fraud, even though they never received, and therefore never relied on, the fraudulent mailings. Yet petitioners concede that, on their reading of § 1964(c), the rival businesses would have no cause of action under RICO, Tr. of Oral Arg. 4, even though they were the primary and intended victims of the scheme to defraud.
Lacking textual support for this counterintuitive position, petitioners rely instead on a combination of common-law rules and policy arguments in an effort to show that Congress should be presumed to have made first-party reliance an element of a civil RICO claim based on mail fraud. None of petitionersâ arguments persuades us to read a first-party reliance requirement into a statute that by its terms suggests none.
Ill
A
Petitioners first argue that RICO should be read to incorporate a first-party reliance requirement in fraud cases âunder the rule that Congress intends to incorporate the well-settled meaning of the common-law terms it uses.â Neder, supra, at 23. It has long been settled, they contend, that only the recipient of a fraudulent misrepresentation may recover for common-law fraud, and that he may do so âif, but only if ... he relies on the misrepresentation in acting or refraining from action.â 4 Restatement (Second) of Torts §537 (1977). Given this background rule of common law, petitioners maintain, Congress should be presumed to have adopted a first-party reliance requirement when it created a civil cause of action under RICO for victims of mail fraud.
In support of this argument, petitioners point to our decision in Beck v. Prupis, 529 U. S. 494 (2000). There, we considered the scope of RICOâs private right of action for violations of § 1962(d), which makes it âunlawful for any person *651 to conspire to violateâ RlCOâs criminal prohibitions. The question presented was âwhether a person injured by an overt act in furtherance of a conspiracy may assert a civil RICO conspiracy claim under § 1964(c) for a violation of § 1962(d) even if the overt act does not constitute âracketeering activity.ââ Id., at 500. Answering this question in the negative, we held that âinjury caused by an overt act that is not an act of racketeering or otherwise wrongful under RICO is not sufficient to give rise to a cause of action under § 1964(c) for a violation of § 1962(d).â Id., at 505 (citation omitted). In so doing, we âturn[ed] to the well-established common law of civil conspiracy.â Id., at 500. Because it was âwidely acceptedâ by the time of RlCOâs enactment âthat a plaintiff could bring suit for civil conspiracy only if he had been injured by an act that was itself tortious,â id., at 501, we presumed âthat when Congress established in RICO a civil cause of action for a person âinjured ... by reason ofâ a âconspiracy],â it meant to adopt these well-established common-law civil conspiracy principles,â id., at 504 (quoting §§ 1964(c), 1962(d); alterations in original). We specifically declined to rely on the law of criminal conspiracy, relying instead on the law of civil conspiracy:
âWe have turned to the common law of criminal conspiracy to define what constitutes a violation of § 1962(d), see Salinas v. United States, 522 U. S. 52, 63-65 (1997), a mere violation being all that is necessary for criminal liability. This case, however, does not present simply the question of what constitutes a violation of § 1962(d), but rather the meaning of a civil cause of action for private injury by reason of such a violation. In other words, our task is to interpret §§ 1964(c) and 1962(d) in conjunction, rather than § 1962(d) standing alone. The obvious source in the common law for the combined meaning of these provisions is the law of civil conspiracy.â Id., at 501, n. 6.
*652 Petitioners argue that, as in Beck, we should look to the common-law meaning of civil fraud in order to give content to the civil cause of action § 1964(c) provides for private injury by reason of a violation of § 1962(c) based on a pattern of mail fraud. The analogy to Beck, however, is misplaced. The critical difference between Beck and this case is that in § 1962(d) Congress used a term â âconspiracy]ââthat had a settled common-law meaning, whereas Congress included no such term in § 1962(c). Section 1962(c) does not use the term âfraudâ; nor does the operative language of §1961(1)(B), which defines âracketeering activityâ to include âany act which is indictable under ... section 1341.â And the indictable act under § 1341 is not the fraudulent misrepresentation, but rather the use of the mails with the purpose of executing or attempting to execute a scheme to defraud. In short, the key term in § 1962(c) â âracketeering activityâ â is a defined term, and Congress defined the predicate act not as fraud sim/pliciter, but mail fraud â a statutory offense unknown to the common law. In these circumstances, the presumption that Congress intends to adopt the settled meaning of common-law terms has little pull. Cf. Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., 552 U. S. 148, 162 (2008) (rejecting the argument that § 10(b) of the Securities Exchange Act of 1934, 15 U. S. C. § 78j(b), incorporates common-law fraud). There is simply no âreason to believe that Congress would have defined âracketeering activityâ to include acts indictable under the mail and wire fraud statutes, if it intended fraud-related acts to be predicate acts under RICO only when those acts would have been actionable under the common law.â Anza, 547 U. S., at 477-478 (Thomas, J., concurring in part and dissenting in part).
Nor does it help petitionersâ cause that here, as in Beck, the question is not simply âwhat constitutes a violation of §1962[(c)], . . . but rather the meaning of a civil cause of action for private injury by reason of such a violation.â 529 U. S., at 501, n. 6. To be sure, Beck held that a plaintiff *653 cannot state a civil claim for conspiracy under § 1964(c) merely by showing a violation of § 1962(d) and a resulting injury. But in so doing, Beck relied not only on the fact that the term âconspiracyâ had a settled common-law meaning, but also on the well-established common-law understanding of what it means to be injured by a conspiracy for purposes of bringing a civil claim for damages. See id., at 501-504. No comparable understanding exists with respect to injury caused by an enterprise conducting its affairs through a pattern of acts indictable as mail fraud. And even the common-law understanding of injury caused by fraud does not support petitionersâ argument. As discussed infra, at 656-657, the common law has long recognized that plaintiffs can recover in a variety of circumstances where, as here, their injuries result directly from the defendantâs fraudulent misrepresentations to a third party.
For these reasons, we reject petitionersâ contention that the âcommon-law meaningâ rule dictates that reliance by the plaintiff is an element of a civil RICO claim predicated on a violation of the mail fraud statute. Congress chose to make mail fraud, not common-law fraud, the predicate act for a RICO violation. And âthe mere fact that the predicate acts underlying a particular RICO violation happen to be fraud offenses does not mean that reliance, an element of common-law fraud, is also incorporated as an element of a civil RICO claim.â Anza, swpra, at 476 (Thomas, J., concurring in part and dissenting in part).
B
Petitioners next argue that even if Congress did not make first-party reliance an element of a RICO claim predicated on mail fraud, a plaintiff who brings such a claim must show that it relied on the defendantâs misrepresentations in order to establish the requisite element of causation. In Holmes, we recognized that §1964(c)âs âlanguage can, of course, be read to mean that a plaintiff is injured âby reason ofâ a RICO violation, and therefore may recover, simply on showing that
*654 the defendant violated § 1962, the plaintiff was injured, and the defendantâs violation was a âbut forâ cause of plaintiffâs injury.â 503 U. S., at 265-266 (footnote omitted). We nonetheless held that not âall factually injured plaintiffsâ may recover under § 1964(c). Id., at 266. Because Congress modeled § 1964(c) on other provisions that had been interpreted to ârequir[e] a showing that the defendantâs violation not only was a âbut forâ cause of his injury, but was the proximate cause as well,â we concluded that § 1964(c) likewise requires the plaintiff to establish proximate cause in order to show injury âby reason ofâ a RICO violation. Id., at 268.
Proximate cause, we explained, is a flexible concept that does not lend itself to â âa black-letter rule that will dictate the result in every case.â â Id., at 272, n. 20 (quoting Associated Gen. Contractors of Cal., Inc. v. Carpenters, 459 U. S. 519, 536 (1983)). Instead, we âuse[d] âproximate causeâ to label generically the judicial tools used to limit a personâs responsibility for the consequences of that personâs own acts,â Holmes, 503 U. S., at 268, with a particular emphasis on the âdemand for some direct relation between the injury asserted and the injurious conduct alleged,â ibid.; see also Anza, supra, at 461 (âWhen a court evaluates a RICO claim for proximate causation, the central question it must ask is whether the alleged violation led directly to the plaintiffâs injuriesâ). The direct-relation requirement avoids the difficulties associated with attempting âto ascertain the amount of a plaintiffâs damages attributable to the violation, as distinct from other, independent, factors,â Holmes, 503 U. S., at 269; prevents courts from having âto adopt complicated rules apportioning damages among plaintiffs removed at different levels of injury from the violative acts, to obviate the risk of multiple recoveries,â ibid.; and recognizes the fact that âdirectly injured victims can generally be counted on to vindicate the law as private attorneys general, without any *655 of the problems attendant upon suits by plaintiffs injured more remotely,â id., at 269-270. 5
Pointing to our reliance on common-law proximate-causation principles in Holmes and Anza, petitioners argue that ââ[u]nder well-settled common-law principles, proximate cause is established for fraud claims only where the plaintiff can demonstrate that he relied on the misrepresentation.â Brief for Petitioners 28. In support of this argument, petitioners cite 3 Restatement (Second) of Torts § 548A, which provides that â[a] fraudulent misrepresentation is a legal cause of a pecuniary loss resulting from action or inaction in reliance upon it if, but only if, the loss might reasonably be expected to result from the reliance.â Thus, petitioners conclude, âa plaintiff asserting a civil RICO claim predicated on mail fraud cannot satisfy the proximate cause requirement unless he can establish that his injuries resulted from his reliance on the defendantâs fraudulent misrepresentation.â Brief for Petitioners 28.
Petitionersâ argument is twice flawed. First, as explained above, the predicate act here is not common-law fraud, but mail fraud. Having rejected petitionersâ argument that reliance is an element of a civil RICO claim based on mail fraud, we see no reason to let that argument in through the back door by holding that the proximate-cause analysis under RICO must precisely track the proximate-cause analysis of a common-law fraud claim. âReliance is not a general limitation on civil recovery in tort; it âis a specialized condition *656 that happens to have grown up with common law fraud.ââ Anza, 547 U. S., at 477 (Thomas, J., concurring in part and dissenting in part) (quoting Systems Management, 303 F. 3d, at 104). That âspecialized condition,â whether characterized as an element of the claim or as a prerequisite to establishing proximate causation, simply has no place in a remedial scheme keyed to the commission of mail fraud, a statutory offense that is distinct from common-law fraud and that does not require proof of reliance.
Second, while it may be that first-party reliance is an element of a common-law fraud claim, there is no general common-law principle holding that a fraudulent misrepresentation can cause legal injury only to those who rely on it. The Restatement provision cited by petitioners certainly does not support that proposition. It provides only that the plaintiffâs loss must be a foreseeable result of someoneâs reliance on the misrepresentation. 6 It does not say that only those who rely on the misrepresentation can suffer a legally cognizable injury. And any such notion would be contradicted by the long line of cases in which courts have permitted a plaintiff directly injured by a fraudulent misrepresentation to recover even though it was a third party, and not the plaintiff, who relied on the defendantâs misrepresentation. 7 Indeed, so well established is the defendantâs liability *657 in such circumstances that the Restatement (Second) of Torts sets forth as a â[g]eneral [principleâ that â[o]ne who intentionally causes injury to another is subject to liability to the other for that injury, if his conduct is generally culpable and not justifiable under the circumstances.â § 870. As an illustration, the Restatement provides the example of a defendant who âseeks to promote his own interests by telling a known falsehood to or about the plaintiff or his product.â Id., Comment h (emphasis added). And the Restatement specifically recognizes âa cause of actionâ in favor of the injured party where the defendant âdefrauds another for the purpose of causing pecuniary harm to a third person.â Id., § 435A, Comment a. Petitionersâ contention that proximate cause has traditionally incorporated a first-party reliance requirement for claims based on fraud cannot be reconciled with these authorities.
Nor is first-party reliance necessary to ensure that there is a sufficiently direct relationship between the defendantâs wrongful conduct and the plaintiffâs injury to satisfy the *658 proximate-cause principles articulated in Holmes and Anza. Again, this is a case in point. Respondentsâ alleged injuryâ the loss of valuable liens â is the direct result of petitionersâ fraud. It was a foreseeable and natural consequence of petitionersâ scheme to obtain more liens for themselves that other bidders would obtain fewer liens. And here, unlike in Holmes and Anza, there are no independent factors that account for respondentsâ injury, there is no risk of duplicative recoveries by plaintiffs removed at different levels of injury from the violation, and no more immediate victim is better situated to sue. Indeed, both the District Court and the Court of Appeals concluded that respondents and other losing bidders were the only parties injured by petitionersâ misrepresentations. App. to Pet. for Cert. 17a; 477 F. 3d, at 931. Petitioners quibble with that conclusion, asserting that the county would be injured too if the taint of fraud deterred potential bidders from participating in the auction. But that eventuality, in contrast to respondentsâ direct financial injury, seems speculative and remote.
Of course, none of this is to say that a RICO plaintiff who alleges injury âby reason ofâ a pattern of mail fraud can prevail without showing that someone relied on the defendantâs misrepresentations. Cf. Field v. Mans, 516 U. S. 59, 66 (1995) (âNo one, of course, doubts that some degree of reliance is required to satisfy the element of causation inherent in the phrase âobtained byââ in 11 U. S. C. §523(a)(2)(A), which prohibits the discharge of debts for money or property âobtained byâ fraud). In most cases, the plaintiff will not be able to establish even but-for causation if no one relied on the misrepresentation. If, for example, the county had not accepted petitionersâ false attestations of compliance with the Single, Simultaneous Bidder Rule, and as a result had not permitted petitioners to participate in the auction, respondentsâ injury would never have materialized. In addition, the complete absence of reliance may prevent the plain *659 tiff from establishing proximate cause. Thus, for example, if the county knew petitionersâ attestations were false but nonetheless permitted them to participate in the auction, then arguably the countyâs actions would constitute an intervening cause breaking the chain of causation between petitionersâ misrepresentations and respondentsâ injury.
Accordingly, it may well be that a RICO plaintiff alleging injury by reason of a pattern of mail fraud must establish at least third-party reliance in order to prove causation. âBut the fact that proof of reliance is often used to prove an element of the plaintiffâs cause of action, such as the element of causation, does not transform reliance itself into an element of the cause of action.â Anza, 547 U. S., at 478 (Thomas, J., concurring in part and dissenting in part). Nor does it transform first-party reliance into an indispensable requisite of proximate causation. Proof that the plaintiff relied on the defendantâs misrepresentations may in some cases be sufficient to establish proximate cause, but there is no sound reason to conclude that such proof is always necessary. By the same token, the absence of first-party reliance may in some cases tend to show that an injury was not sufficiently direct to satisfy § 1964(c)âs proximate-cause requirement, but it is not in and of itself dispositive. A contrary holding would ignore Holmesâ instruction that proximate cause is generally not amenable to bright-line rules.
C
As a last resort, petitioners contend that we should interpret RICO to require first-party reliance for fraud-based claims in order to avoid the âover-federalizationâ of traditional state-law claims. In petitionersâ view, respondentsâ claim is essentially one for tortious interference with prospective business advantage, as evidenced by count V of their complaint. Such claims have traditionally been handled under state law, and petitioners see no reason why Con *660 gress would have wanted to supplement traditional state-law remedies with a federal cause of action, complete with treble damages and attorneyâs fees, in a statute designed primarily to combat organized crime. See Anza, supra, at 471-475 (Thomas, J., concurring in part and dissenting in part); Beck, 529 U. S., at 496-497. A first-party reliance requirement, they say, is necessary âto prevent garden-variety disputes between local competitors (such as this case) from being converted into federal racketeering actions.â Reply Brief for Petitioners 3.
Whatever the merits of petitionersâ arguments as a policy matter, we are not at liberty to rewrite RICO to reflect their â or our â views of good policy. We have repeatedly refused to adopt narrowing constructions of RICO in order to make it conform to a preconceived notion of what Congress intended to proscribe. See, e. g., National Organization for Women, Inc. v. Scheidler, 510 U. S. 249, 252 (1994) (rejecting the argument that âRICO requires proof that either the racketeering enterprise or the predicate acts of racketeering were motivated by an economic purposeâ); H. J. Inc. v. Northwestern Bell Telephone Co., 492 U. S. 229, 244 (1989) (rejecting âthe argument for reading an organized crime limitation into RICOâs pattern conceptâ); Sedima, S. P. R. L. v. Imrex Co., 473 U. S. 479, 481 (1985) (rejecting the view that RICO provides a private right of action âonly against defendants who had been convicted on criminal charges, and only where there had occurred a âracketeering injuryâ â).
We see no reason to change course here. RICOâs text provides no basis for imposing a first-party reliance requirement. If the absence of such a requirement leads to the undue proliferation of RICO suits, the âcorrection must lie with Congress.â Id., at 499. âIt is not for the judiciary to eliminate the private action in situations where Congress has provided it.â Id., at 499-500.
*661 IV
For the foregoing reasons, we hold that a plaintiff asserting a RICO claim predicated on mail fraud need not show, either as an element of its claim or as a prerequisite to establishing proximate causation, that it relied on the defendantâs alleged misrepresentations. Accordingly, the judgment of the Court of Appeals is affirmed.
It is so ordered.
Because this ease arises from the District Courtâs grant of petitionersâ motion to dismiss, we âaccept as true all of the factual allegations contained in [respondentsâ] complaint.â Erickson v. Pardus, 551 U. S. 89, 94 (2007) (per curiam).
The Single, Simultaneous Bidder Rule provides that âone tax buying entity (principal) may not have its/his/her/their actual or apparent agents, employees, or related entities, directly or indirectly register under multiple registrations for the intended or perceived purpose of having more than one person bidding at the tax sale at the same time for the intended or perceived purpose of increasing the principalâs likelihood of obtaining a successful bid on a parcel.â App. 67. The rule defines âRelated Bidding Entityâ as âany individual, corporation, partnership, joint venture, limited liability company, business organization, or other entity that has a shareholder, partner, principal, officer, general partner or other person or entity having an ownership interest in common with, or contractual relationship with, any other registrant.â Ibid. It further provides that â[t]he determination of whether registered entities are related, so as to prevent the entities from bidding at the same time, is in the sole and exclusive discretion of the Cook County Treasurer or her designated representatives.â Ibid.
Respondentsâ complaint does not elaborate on the countyâs rotational system. The Court of Appeals described it as follows: âIf X bids 0% on ten parcels, and each parcel attracts five bids at that penalty rate, then the County awards X two of the ten parcels. Winners share according to the ratio of their bids to other identical bids.â 477 F. 3d 928, 929 (CA7 2007). Petitioners object that this description is not supported by the record and inappropriately âinject[s] into the ease an element of mathematical certainty that is missing from the complaint itself.â Reply Brief for Petitioners 20. While a precise understanding of the countyâs system may be necessary to calculate respondentsâ damages, nothing in our disposition turns on this issue. For present purposes, it suffices that respondents allege they âsuffered the loss of property related to the liens they would have been able to acquire, and the profits flowing therefrom, had [petitioners] not implemented their scheme and acquired liens in excess of their appropriate share through their violation of the County Rule.â App. 50.
The Court considered a civil RICO claim predicated on mail fraud in its recent decision in Anza, 547 U. S. 451. There the Court held that proximate cause is a condition of recovery under 18 U. S. C. § 1962(c). The Court did not address the question whether reliance by the plaintiff is a required element of a RICO claim, the matter now before us. Cf. 547 U. S., at 475-478 (Thomas, J., concurring in part and dissenting in part) (reaching the question and concluding that reliance is not an element of a civil RICO claim based on mail fraud).
Applying these principles in Holmes, the Court held that the Securities Investor Protection Corporation (SIPC) could not recover for injuries caused by a stock-manipulation scheme that prevented two broker-dealers from meeting obligations to their customers, thereby triggering SIPCâs duty to reimburse the customers. 503 U. S., at 270-274. And in Anza, the Court applied the principles of Holmes to preclude a company from recovering profits it allegedly lost when a rival business was able to lower its prices because it failed to charge the requisite sales tax on cash sales. 547 U. S., at 456-461.
In addition to 3 Restatement (Second) of Torts § 548A (1976), petitioners cite Comment a to that section, which provides that â[ejausation, in relation to losses incurred by reason of a misrepresentation, is a matter of the recipientâs reliance in fact upon the misrepresentation in taking some action or in refraining from it.â Like § 548A itself, however, the comment does not support petitionersâ argument. Of course, a misrepresentation can cause harm only if a recipient of the misrepresentation relies on it. But that does not mean that the only injuries proximately caused by the misrepresentation are those suffered by the recipient.
Such eases include Rice v. Manley, 66 N. Y. 82 (1876) (permitting plaintiffs who had arranged to buy a large quantity of cheese to recover against a defendant who induced the vendor to sell him the cheese by falsely *657 representing to the vendor that plaintiffs no longer wished to purchase it); and Gregory v. Brooks, 35 Conn. 437 (1868) (permitting plaintiff wharf owner to recover against a defendant who, in order to deprive plaintiff of business, misrepresented himself to be a superintendent of wharves and ordered a vessel unloading at plaintiffâs wharf to leave); see also Brief for Respondents 26-29 (collecting cases).
Petitioners argue that these cases are irrelevant because they would be treated today as specialized torts, such as wrongful interference with contractual relations, rather than as common-law fraud. See, e. g., 4 Restatement (Second) of Torts § 767, Comment c (recognizing that âone [may be] liable to another for intentional interference with economic relations by inducing a third person by fraudulent misrepresentation not to do business with the otherâ). But petitioners miss the point. The cases are not cited as evidence that common-law fraud can be established without showing first-party reliance. Rather, they â along with the Restatementâs recognition of specialized torts based on third-party reliance â show that a fraudulent misrepresentation can proximately cause actionable injury even to those who do not rely on the misrepresentation.