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9-110.000
Introduction
9-110.100
9-110.101
Division Approval
9-110.200
9-110.210
9-110.300
9-110.310
9-110.320
9-110.330
9-110.400
9-110.600
Syndicated Gambling
9-110.700
Loansharking
9-110.800
9-110.801
9-110.802
9-110.811
9-110.812
9-110.815
9-110.816
9-110.900
9-110.010 Introduction
This chapter focuses on investigations and prosecutions
involving RICO, (18 U.S.C. 1961-1968), illegal
Prosecutors," available
from OCGS.
[updatedMay1999]
prerogatives of the Department of Justice.
[cited in USAM9-110.101; USAM9-110.811]
separately in different
jurisdictions;
4. RICO is necessary for a successful prosecution of the
government's case against the defendant or a
codefendant;
5. Use of RICO would provide a reasonable expectation of
forfeiture which is proportionate to the
underlying criminal
conduct;
6. The case consists of violations of State law, but local law
enforcement officials are unlikely or unable
to successfully
prosecute the case, in which the federal government has a
significant interest;
7. The case consists of violations of State law, but involves
prosecution of significant or government
individuals, which may
pose special problems for the local prosecutor.
The last two requirements reflect the principle that the
prosecution of state crimes is primarily the
responsibility of
state authorities. RICO should be used to prosecute what are
essentially violations of state
law only if there is a compelling
reason to do so. See also the Criminal
Resource Manual at 2070.
1301 New York Ave., NW, Suite 700, Washington, DC 20005, at least 15 working days prior to the
anticipated date of
the proposed filing or the seeking of an indictment from the grand
jury.
No criminal or civil prosecution or civil investigative demand
shall be commenced or issued under the RICO
statute without the
prior approval of the Organized Crime and Gang Section,
Criminal Division. Prior
authorization from the Criminal Division
to conduct a grand jury investigation based upon possible
memoranda.
Once a RICO indictment has been approved by the Organized Crime
and Gang Section and has been
returned by the grand jury,
a copy of a file-stamped copy of the indictment shall be provided
to the Section.
The Section shall also be notified in writing of
any significant rulings which affect the RICO statutefor
example,
any ruling which results in a dismissal of a RICO count, or any
ruling affecting or severing any
aspect of the forfeiture
provisions under RICO. In addition, copies of RICO motions, jury
instructions and
briefs filed by the United States Attorney's
Office (USAO), as well as the defense, should be forwarded to
the
Organized Crime and Gang Section for retention in a central
reference file. The government's briefs and
motions will provide
assistance to other USAOs handling similar RICO matters.
Once a verdict has been obtained, the USAO shall forward the
following information to the Section for
retention:
a.
b.
c.
d.
9-110.700 Loansharking
Useful information on the prosecution of loansharking is
available in the Criminal Resource Manual at
2086
through 2088.
Guidelines
Because Section 1959 reaches conduct within state and local
jurisdictions, there is, absent compelling
circumstances, a need to
avoid encroaching on state and local law enforcement authority.
Moreover, Section
1959 complements the RICO statute, 18 U.S.C.
1961-1968, and incorporates RICO concepts and
terms,
namely "enterprise" and "racketeering activity," and there
is a need to maintain consistent applications and
interpretations
of the elements of RICO. All proposed prosecutions under Section
1959 therefore must be
submitted to the Organized Crime and
Gang Section Criminal Division, for approval in accordance
with the
following guidelines.
[updated May 2011]
9-110.812 Specific
Guidelines for Section 1959 Prosecutions
A. In deciding whether to approve a prosecution under
Section 1959, the Organized Crime and Gang Section
will
analyze the prosecution memorandum and proposed indictment to
determine whether there is a
legitimate reason the offense cannot
or should not be prosecuted by state or local authorities. For
example,
federal prosecution may be appropriate where local
authorities do not have the resources to prosecute,
where local
authorities are reasonably believed to be corrupt, where local
authorities have requested federal
participation, or where the
offense is closely related to a federal investigation or
prosecution. A prosecution
will not be authorized over the
objection of local authorities in the absence of a compelling
reason.
Accordingly, every prosecution memorandum must state the
views of local authorities with respect to the
proposed
prosecution, or the reasons for not soliciting them. In addition,
the specific factors set forth in the
following sections will be
considered with respect to all proposed prosecutions.
B. Section 1959 was enacted to combat "contract murders and other
violent crimes by organized crime figures."
See S.Rep. No.
225, 98th Cong., 1st Sess. 304-307, 306 (1983), reprinted in
1984 U.S. Code & Admin.
News (U.S.C.A.N.) 3182, 3483-3487. The
statutory language is extremely broad, in that it covers such