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Racketeer Influenced and Corrupt Organizations (RICO): A Manual for Federal

Racketeer Influenced and Corrupt Organizations (RICO): A Manual for Federal

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Published by: silverbull8 on Oct 12, 2009
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Racketeer Influencedand CorruptOrganizations (RICO):A Manual forFederal Prosecutors
FOURTH REVISED EDITION July 2000Prepared by the Staff of the Organized Crime and Racketeering SectionU.S. Department of Justice, Washington, DC 20530 (202) 514-1214Frank J. Marine, Senior Litigation CounselMiriam Nabors Banks, Assistant Chief Douglas E. Crow, Deputy Chief P. Kevin Carwile, Assistant Chief Trial Attorneys:Trena CarringtonRobert C. DaltonTodd L. GreenbergMerv HamburgBrian HusemanDavid J. StanderJulia J. StillerSteven B. WassermanCatherine M. Weinstock Cover Design by Linda M. Dwyer
This manual is intended to assist federal prosecutors in thepreparation and litigation of cases involving the RacketeerInfluenced and Corrupt Organizations Act (RICO). Prosecutors areencouraged to contact the Organized Crime and Racketeering Section(OCRS) early in the preparation of their case for advice andassistance.All pleadings alleging a violation of RICO or 18 U.S.C.§ 1959 (Violent Crimes in Aid of Racketeering), includingindictments, informations, and criminal and civil complaints, mustbe submitted to OCRS for review and approval before being filedwith the court. Also, all pleadings alleging forfeiture underRICO, as well as pleadings relating to an application for atemporary restraining order pursuant to RICO, must be submitted toOCRS for review and approval prior to filing. Prosecutors mustsubmit to OCRS a prosecution memorandum and a draft of thepleadings to be filed with the court in order to initiate theCriminal Division approval process. The submission should beapproved by the prosecutor's office before being submitted to OCRS.Due to the volume of submissions received by OCRS, the prosecutorshould submit the proposal three weeks prior to the date finalapproval is needed. Prosecutors should contact OCRS regarding thestatus of the proposed submission before finally scheduling arrestsor other time-sensitive actions relating to the submission.

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