United States Supreme Court Cases & Opinions

U.S. Supreme Court

Perez v. United States, 402 U.S. 146 (1971)

Perez v. United States

No. 600

Argued March 22, 1971

Decided April 26, 1971

402 U.S. 146

Syllabus

Petitioner was convicted of "loansharking" activities, i.e., unlawfully using extortionate means in collecting and attempting to collect an extension of credit, in violation of Title II of the Consumer Credit Protection Act, and his conviction was affirmed on appeal. He challenges the constitutionality of the statute on the ground that Congress has no power to control the local activity of loansharking.

Held: Title II of the Consumer Credit Protection Act is within Congress' power under the Commerce Clause to control activities affecting interstate commerce, and Congress' findings are adequate to support its conclusion that loansharks who use extortionate means to collect payments on loans are in a class largely controlled by organized crime with a substantially adverse effect on interstate commerce. Pp. 402 U. S. 149-157.

426 F.2d 1073, affirmed.

DOUGLAS, J., delivered the opinion of the Court, in which BURGER, C.J., and BLACK, HARLAN, BRENNAN, WHITE, MARSHALL, and BLACKMUN, JJ., joined. STEWART, J., filed a dissenting opinion, post, p. 402 U. S. 157.