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Criminal RICO Manual for Federal Prosecutors

Criminal RICO Manual for Federal Prosecutors

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Published by John Reed

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Categories:Types, Business/Law
Published by: John Reed on Jan 02, 2011
Copyright:Attribution Non-commercial

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06/14/2012

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CRIMINAL RICO
 
:18 U.S.C. §§ 1961-1968A Manual forFederal Prosecutors
FIFTH REVISED EDITION OCTOBER 2009Prepared by the Staff of the Organized Crime and Racketeering SectionU.S. Department of Justice, Washington, D.C. 20005 (202) 514-1214Frank J. Marine, ConsultantEditor and Principal WriterDouglas E. Crow, Principal Deputy Chief Attorneys:Robert C. DaltonGregory C.J. LisaMelissa MarquezJames Francis McKenzieMelvin L. OteyDavid J. StanderCatherine M. WeinstockThe assistance of the following is acknowledgedand greatly appreciated:Linda M. BaerRolanda DavisNicola LyonsLeta Branch Smoot
 
PREFACE
This manual is intended to assist federal prosecutors in the preparation and litigation of cases involving the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C.§§ 1961-1968. Prosecutors are encouraged to contact the Organized Crime and RacketeeringSection (OCRS) early in the preparation of their case for advice and assistance.All pleadings alleging a violation of RICO, including indictments, informations, andcriminal and civil complaints, must be submitted to OCRS for review and approval before beingfiled with the court. Also, all pleadings alleging forfeiture under RICO, as well as pleadingsrelating to an application for a temporary restraining order pursuant to RICO, must be submittedto OCRS for review and approval prior to filing. Prosecutors must submit to OCRS aprosecution memorandum and a draft of the pleadings to be filed with the court in order toinitiate the Criminal Division approval process. The submission should be approved by theprosecutor's office before being submitted to OCRS. Due to the volume of submissions receivedby OCRS, the prosecutor should submit the proposal three weeks prior to the date final approvalis needed. Prosecutors should contact OCRS regarding the status of the proposed submissionbefore finally scheduling arrests or other time-sensitive actions relating to the submission.Finally, prosecutors should refrain from finalizing any guilty plea agreement containing a RICO-related charge until final approval has been obtained from OCRS.The policies and procedures set forth in this manual and elsewhere relating to RICO areinternal Department of Justice policies and guidance only. They are not intended to, do not, andmay not be relied upon to create any rights, substantive or procedural, enforceable at law by anyparty in any matter civil or criminal. Nor are any limitations hereby placed on otherwise lawfullitigative prerogatives of the Department of Justice.

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also available at www.justice.gov/criminal/foia/docs/20... pp 89 to 110-ish are a masterpiece at explaining and exmplifying RICO's pattern requirement
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