In the case of Russello v. United States, 1983, the U.S Supreme Court was tasked with interpreting a provision in the Racketeer Influenced and Corrupt Organizations Act (RICO). The petitioner, Angelo Russello, had been convicted for conducting an illegal gambling business and participating in racketeering activity. He argued that his conviction under RICO should be overturned because he did not directly acquire or maintain any interest in his enterprise through racketeering activity as required by law. However, the court disagreed with this interpretation of RICO's provisions. The Supreme Court held that a person can violate section 1962(b) of RICO even if they do not invest their own illicit profits back into an enterprise; it is enough to simply participate directly or indirectly in its conduct through a pattern of racketeering activity. Therefore, using income derived from such activities to operate an organization constitutes maintaining an interest within meaning of statute. This decision clarified how courts interpret "interest" under section 1962(b), expanding its scope beyond mere investment to include participation via criminal conduct.

In the dissenting opinion for Russello v. United States, Justice Marshall argued that the majority's interpretation of RICO (Racketeer Influenced and Corrupt Organizations Act) was overly broad and inconsistent with Congressional intent. He contended that Congress intended to target only those who invested funds derived from a pattern of racketeering activity into an enterprise, not those who merely received such funds. The majority’s interpretation would make virtually any act of racketeering profitable to its perpetrator a violation of RICO, which he believed was not what Congress had in mind when it enacted this legislation. Furthermore, he expressed concern about potential prosecutorial abuse due to the ambiguity in interpreting "interest" or "control". Lastly, Justice Marshall pointed out that there were other federal statutes available for prosecuting individuals like Russello without resorting to an expansive reading of RICO.