US (United States) Code. Title 18. Chapter 96: Racketeer influenced and corrupt organizations

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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publicidad

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18 USC CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT

ORGANIZATIONS 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

.

-HEAD-

CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

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Sec.

1961. Definitions.

1962. Prohibited activities.

1963. Criminal penalties.

1964. Civil remedies.

1965. Venue and process.

1966. Expedition of actions.

1967. Evidence.

1968. Civil investigative demand.

AMENDMENTS

1990 - Pub. L. 101-647, title XXXV, Sec. 3559, Nov. 29, 1990, 104

Stat. 4927, struck out ''racketeering'' after ''Prohibited'' in

item 1962.

1970 - Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84

Stat. 941, added chapter 96 and items 1961 to 1968.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3582, 3663 of this title;

title 7 section 12a.

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18 USC Sec. 1961 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

-HEAD-

Sec. 1961. Definitions

-STATUTE-

As used in this chapter -

(1) ''racketeering activity'' means (A) any act or threat

involving murder, kidnapping, gambling, arson, robbery, bribery,

extortion, dealing in obscene matter, or dealing in a controlled

substance or listed chemical (as defined in section 102 of the

Controlled Substances Act), which is chargeable under State law

and punishable by imprisonment for more than one year; (B) any

act which is indictable under any of the following provisions of

title 18, United States Code: Section 201 (relating to bribery),

section 224 (relating to sports bribery), sections 471, 472, and

473 (relating to counterfeiting), section 659 (relating to theft

from interstate shipment) if the act indictable under section 659

is felonious, section 664 (relating to embezzlement from pension

and welfare funds), sections 891-894 (relating to extortionate

credit transactions), section 1028 (relating to fraud and related

activity in connection with identification documents), section

1029 (relating to fraud and related activity in connection with

access devices), section 1084 (relating to the transmission of

gambling information), section 1341 (relating to mail fraud),

section 1343 (relating to wire fraud), section 1344 (relating to

financial institution fraud), section 1425 (relating to the

procurement of citizenship or nationalization unlawfully),

section 1426 (relating to the reproduction of naturalization or

citizenship papers), section 1427 (relating to the sale of

naturalization or citizenship papers), sections 1461-1465

(relating to obscene matter), section 1503 (relating to

obstruction of justice), section 1510 (relating to obstruction of

criminal investigations), section 1511 (relating to the

obstruction of State or local law enforcement), section 1512

(relating to tampering with a witness, victim, or an informant),

section 1513 (relating to retaliating against a witness, victim,

or an informant), section 1542 (relating to false statement in

application and use of passport), section 1543 (relating to

forgery or false use of passport), section 1544 (relating to

misuse of passport), section 1546 (relating to fraud and misuse

of visas, permits, and other documents), sections 1581-1588

(relating to peonage and slavery), section 1951 (relating to

interference with commerce, robbery, or extortion), section 1952

(relating to racketeering), section 1953 (relating to interstate

transportation of wagering paraphernalia), section 1954 (relating

to unlawful welfare fund payments), section 1955 (relating to the

prohibition of illegal gambling businesses), section 1956

(relating to the laundering of monetary instruments), section

1957 (relating to engaging in monetary transactions in property

derived from specified unlawful activity), section 1958 (relating

to use of interstate commerce facilities in the commission of

murder-for-hire), sections 2251, 2251A, 2252, and 2260 (relating

to sexual exploitation of children), sections 2312 and 2313

(relating to interstate transportation of stolen motor vehicles),

sections 2314 and 2315 (relating to interstate transportation of

stolen property), section 2318 (relating to trafficking in

counterfeit labels for phonorecords, computer programs or

computer program documentation or packaging and copies of motion

pictures or other audiovisual works), section 2319 (relating to

criminal infringement of a copyright), section 2319A (relating to

unauthorized fixation of and trafficking in sound recordings and

music videos of live musical performances), section 2320

(relating to trafficking in goods or services bearing counterfeit

marks), section 2321 (relating to trafficking in certain motor

vehicles or motor vehicle parts), sections 2341-2346 (relating to

trafficking in contraband cigarettes), sections 2421-24 (relating

to white slave traffic), (C) any act which is indictable under

title 29, United States Code, section 186 (dealing with

restrictions on payments and loans to labor organizations) or

section 501(c) (relating to embezzlement from union funds), (D)

any offense involving fraud connected with a case under title 11

(except a case under section 157 of this title), fraud in the

sale of securities, or the felonious manufacture, importation,

receiving, concealment, buying, selling, or otherwise dealing in

a controlled substance or listed chemical (as defined in section

102 of the Controlled Substances Act), punishable under any law

of the United States, (E) any act which is indictable under the

Currency and Foreign Transactions Reporting Act, (F) any act

which is indictable under the Immigration and Nationality Act,

section 274 (relating to bringing in and harboring certain

aliens), section 277 (relating to aiding or assisting certain

aliens to enter the United States), or section 278 (relating to

importation of alien for immoral purpose) if the act indictable

under such section of such Act was committed for the purpose of

financial gain, or (G) any act that is indictable under any

provision listed in section 2332b(g)(5)(B);

(2) ''State'' means any State of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, any

territory or possession of the United States, any political

subdivision, or any department, agency, or instrumentality

thereof;

(3) ''person'' includes any individual or entity capable of

holding a legal or beneficial interest in property;

(4) ''enterprise'' includes any individual, partnership,

corporation, association, or other legal entity, and any union or

group of individuals associated in fact although not a legal

entity;

(5) ''pattern of racketeering activity'' requires at least two

acts of racketeering activity, one of which occurred after the

effective date of this chapter and the last of which occurred

within ten years (excluding any period of imprisonment) after the

commission of a prior act of racketeering activity;

(6) ''unlawful debt'' means a debt (A) incurred or contracted

in gambling activity which was in violation of the law of the

United States, a State or political subdivision thereof, or which

is unenforceable under State or Federal law in whole or in part

as to principal or interest because of the laws relating to

usury, and (B) which was incurred in connection with the business

of gambling in violation of the law of the United States, a State

or political subdivision thereof, or the business of lending

money or a thing of value at a rate usurious under State or

Federal law, where the usurious rate is at least twice the

enforceable rate;

(7) ''racketeering investigator'' means any attorney or

investigator so designated by the Attorney General and charged

with the duty of enforcing or carrying into effect this chapter;

(8) ''racketeering investigation'' means any inquiry conducted

by any racketeering investigator for the purpose of ascertaining

whether any person has been involved in any violation of this

chapter or of any final order, judgment, or decree of any court

of the United States, duly entered in any case or proceeding

arising under this chapter;

(9) ''documentary material'' includes any book, paper,

document, record, recording, or other material; and

(10) ''Attorney General'' includes the Attorney General of the

United States, the Deputy Attorney General of the United States,

the Associate Attorney General of the United States, any

Assistant Attorney General of the United States, or any employee

of the Department of Justice or any employee of any department or

agency of the United States so designated by the Attorney General

to carry out the powers conferred on the Attorney General by this

chapter. Any department or agency so designated may use in

investigations authorized by this chapter either the

investigative provisions of this chapter or the investigative

power of such department or agency otherwise conferred by law.

-SOURCE-

(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84

Stat. 941; amended Pub. L. 95-575, Sec. 3(c), Nov. 2, 1978, 92

Stat. 2465; Pub. L. 95-598, title III, Sec. 314(g), Nov. 6, 1978,

92 Stat. 2677; Pub. L. 98-473, title II, Sec. 901(g), 1020, Oct.

12, 1984, 98 Stat. 2136, 2143; Pub. L. 98-547, title II, Sec. 205,

Oct. 25, 1984, 98 Stat. 2770; Pub. L. 99-570, title I, Sec.

1365(b), Oct. 27, 1986, 100 Stat. 3207-35; Pub. L. 99-646, Sec.

50(a), Nov. 10, 1986, 100 Stat. 3605; Pub. L. 100-690, title VII,

Sec. 7013, 7020(c), 7032, 7054, 7514, Nov. 18, 1988, 102 Stat.

4395, 4396, 4398, 4402, 4489; Pub. L. 101-73, title IX, Sec. 968,

Aug. 9, 1989, 103 Stat. 506; Pub. L. 101-647, title XXXV, Sec.

3560, Nov. 29, 1990, 104 Stat. 4927; Pub. L. 103-322, title IX,

Sec. 90104, title XVI, Sec. 160001(f), title XXXIII, Sec.

330021(1), Sept. 13, 1994, 108 Stat. 1987, 2037, 2150; Pub. L.

103-394, title III, Sec. 312(b), Oct. 22, 1994, 108 Stat. 4140;

Pub. L. 104-132, title IV, Sec. 433, Apr. 24, 1996, 110 Stat. 1274;

Pub. L. 104-153, Sec. 3, July 2, 1996, 110 Stat. 1386; Pub. L.

104-208, div. C, title II, Sec. 202, Sept. 30, 1996, 110 Stat.

3009-565; Pub. L. 104-294, title VI, Sec. 601(b)(3), (i)(3),

604(b)(6), Oct. 11, 1996, 110 Stat. 3499, 3501, 3506; Pub. L.

107-56, title VIII, Sec. 813, Oct. 26, 2001, 115 Stat. 382; Pub. L.

107-273, div. B, title IV, Sec. 4005(f)(1), Nov. 2, 2002, 116

Stat. 1813.)

-REFTEXT-

REFERENCES IN TEXT

Section 102 of the Controlled Substances Act, referred to in par.

(1)(A), (D), is classified to section 802 of Title 21, Food and

Drugs.

The Currency and Foreign Transactions Reporting Act, referred to

in par. (1)(E), is title II of Pub. L. 91-508, Oct. 26, 1970, 84

Stat. 1118, which was repealed and reenacted as subchapter II of

chapter 53 of Title 31, Money and Finance, by Pub. L. 97-258, Sec.

4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which

enacted Title 31.

The Immigration and Nationality Act, referred to in par. (1)(F),

is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is

classified principally to chapter 12 (Sec. 1101 et seq.) of Title

8, Aliens and Nationality. Sections 274, 277, and 278 of the Act

are classified to sections 1324, 1327, and 1328 of Title 8,

respectively. For complete classification of this Act to the Code,

see Short Title note set out under section 1101 of Title 8 and

Tables.

The effective date of this chapter, referred to in par. (5), is

Oct. 15, 1970.

-MISC2-

AMENDMENTS

2002 - Par. (1)(G). Pub. L. 107-273 made technical amendment to

directory language of Pub. L. 107-56. See 2001 Amendment note

below.

2001 - Par. (1)(G). Pub. L. 107-56, as amended by Pub. L.

107-273, which directed addition of cl. (G) before period at end,

was executed by making the addition before the semicolon at end to

reflect the probable intent of Congress.

1996 - Par. (1)(B). Pub. L. 104-294, Sec. 604(b)(6), amended

directory language of Pub. L. 103-322, Sec. 160001(f). See 1994

Amendment note below.

Pub. L. 104-294, Sec. 601(i)(3), substituted ''2260'' for

''2258''.

Pub. L. 104-208 struck out ''if the act indictable under section

1028 was committed for the purpose of financial gain'' before '',

section 1029'', inserted ''section 1425 (relating to the

procurement of citizenship or nationalization unlawfully), section

1426 (relating to the reproduction of naturalization or citizenship

papers), section 1427 (relating to the sale of naturalization or

citizenship papers),'' after ''section 1344 (relating to financial

institution fraud),'', struck out ''if the act indictable under

section 1542 was committed for the purpose of financial gain''

before '', section 1543'', ''if the act indictable under section

1543 was committed for the purpose of financial gain'' before '',

section 1544'', ''if the act indictable under section 1544 was

committed for the purpose of financial gain'' before '', section

1546'', and ''if the act indictable under section 1546 was

committed for the purpose of financial gain'' before '', sections

1581-1588''.

Pub. L. 104-153 inserted '', section 2318 (relating to

trafficking in counterfeit labels for phonorecords, computer

programs or computer program documentation or packaging and copies

of motion pictures or other audiovisual works), section 2319

(relating to criminal infringement of a copyright), section 2319A

(relating to unauthorized fixation of and trafficking in sound

recordings and music videos of live musical performances), section

2320 (relating to trafficking in goods or services bearing

counterfeit marks)'' after ''sections 2314 and 2315 (relating to

interstate transportation of stolen property)''.

Pub. L. 104-132, Sec. 433(1), (2), inserted ''section 1028

(relating to fraud and related activity in connection with

identification documents) if the act indictable under section 1028

was committed for the purpose of financial gain,'' before ''section

1029'' and ''section 1542 (relating to false statement in

application and use of passport) if the act indictable under

section 1542 was committed for the purpose of financial gain,

section 1543 (relating to forgery or false use of passport) if the

act indictable under section 1543 was committed for the purpose of

financial gain, section 1544 (relating to misuse of passport) if

the act indictable under section 1544 was committed for the purpose

of financial gain, section 1546 (relating to fraud and misuse of

visas, permits, and other documents) if the act indictable under

section 1546 was committed for the purpose of financial gain,

sections 1581-1588 (relating to peonage and slavery),'' after

''section 1513 (relating to retaliating against a witness, victim,

or an informant),''.

Par. (1)(D). Pub. L. 104-294, Sec. 601(b)(3), substituted

''section 157 of this title'' for ''section 157 of that title''.

Par. (1)(F). Pub. L. 104-132, Sec. 433(3), (4), which directed

addition of cl. (F) before period at end, was executed by making

the addition before the semicolon at end to reflect the probable

intent of Congress.

1994 - Par. (1)(A). Pub. L. 103-322, Sec. 330021(1), substituted

''kidnapping'' for ''kidnaping''.

Pub. L. 103-322, Sec. 90104, substituted ''a controlled substance

or listed chemical (as defined in section 102 of the Controlled

Substances Act)'' for ''narcotic or other dangerous drugs''.

Par. (1)(B). Pub. L. 103-322, Sec. 160001(f), as amended by Pub.

L. 104-294, Sec. 604(b)(6), substituted ''2251, 2251A, 2252, and

2258'' for ''2251-2252''.

Par. (1)(D). Pub. L. 103-394 inserted ''(except a case under

section 157 of that title)'' after ''title 11''.

Pub. L. 103-322, Sec. 90104, substituted ''a controlled substance

or listed chemical (as defined in section 102 of the Controlled

Substances Act)'' for ''narcotic or other dangerous drugs''.

1990 - Par. (1)(B). Pub. L. 101-647 substituted ''section 1029

(relating to'' for ''section 1029 (relative to'' and struck out

''sections 2251 through 2252 (relating to sexual exploitation of

children),'' before '', section 1958''.

1989 - Par. (1). Pub. L. 101-73 inserted ''section 1344 (relating

to financial institution fraud),'' after ''section 1343 (relating

to wire fraud),''.

1988 - Par. (1)(B). Pub. L. 100-690, Sec. 7514, inserted

''sections 2251 through 2252 (relating to sexual exploitation of

children),''.

Pub. L. 100-690, Sec. 7054, inserted '', section 1029 (relative

to fraud and related activity in connection with access devices)''

and '', section 1958 (relating to use of interstate commerce

facilities in the commission of murder-for-hire), sections

2251-2252 (relating to sexual exploitation of children)''.

Pub. L. 100-690, Sec. 7032, substituted ''section 2321'' for

''section 2320''.

Pub. L. 100-690, Sec. 7013, made technical amendment to directory

language of Pub. L. 99-646. See 1986 Amendment note below.

Par. (10). Pub. L. 100-690, Sec. 7020(c), inserted ''the

Associate Attorney General of the United States,'' after ''Deputy

Attorney General of the United States,''.

1986 - Par. (1)(B). Pub. L. 99-646, as amended by Pub. L.

100-690, Sec. 7013, inserted ''section 1512 (relating to tampering

with a witness, victim, or an informant), section 1513 (relating to

retaliating against a witness, victim, or an informant),'' after

''section 1511 (relating to the obstruction of State or local law

enforcement),''.

Pub. L. 99-570 inserted ''section 1956 (relating to the

laundering of monetary instruments), section 1957 (relating to

engaging in monetary transactions in property derived from

specified unlawful activity),''.

1984 - Par. (1)(A). Pub. L. 98-473, Sec. 1020(1), inserted

''dealing in obscene matter,'' after ''extortion,''.

Par. (1)(B). Pub. L. 98-547 inserted ''sections 2312 and 2313

(relating to interstate transportation of stolen motor vehicles),''

and ''section 2320 (relating to trafficking in certain motor

vehicles or motor vehicle parts),''.

Pub. L. 98-473, Sec. 1020(2), inserted ''sections 1461-1465

(relating to obscene matter),''.

Par. (1)(E). Pub. L. 98-473, Sec. 901(g), added cl. (E).

1978 - Par. (1)(B). Pub. L. 95-575 inserted ''sections 2341-2346

(relating to trafficking in contraband cigarettes),''.

Par. (1)(D). Pub. L. 95-598 substituted ''fraud connected with a

case under title 11'' for ''bankruptcy fraud''.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-273, div. B, title IV, Sec. 4005(f)(1), Nov. 2,

2002, 116 Stat. 1813, provided that the amendment made by section

4005(f)(1) is effective Oct. 26, 2001.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 604(b)(6) of Pub. L. 104-294 effective Sept.

13, 1994, see section 604(d) of Pub. L. 104-294, set out as a note

under section 13 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not

applicable with respect to cases commenced under Title 11,

Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L.

103-394, set out as a note under section 101 of Title 11.

EFFECTIVE DATE OF 1978 AMENDMENTS

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section

402(a) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

Amendment by Pub. L. 95-575 effective Nov. 2, 1978, see section 4

of Pub. L. 95-575, set out as an Effective Date note under section

2341 of this title.

SHORT TITLE OF 1984 AMENDMENT

Section 301 of chapter III (Sec. 301-322) of title II of Pub. L.

98-473 provided that: ''This title (probably means this chapter,

enacting sections 1589, 1600, 1613a, and 1616 of Title 19, Customs

Duties and sections 853, 854, and 970 of Title 21, Food and Drugs,

amending section 1963 of this title and sections 1602, 1605, 1606,

1607, 1608, 1609, 1610, 1611, 1612, 1613, 1614, 1615, 1618, 1619,

and 1644 of Title 19, sections 824, 848, and 881 of Title 21, and

section 524 of Title 28, Judiciary and Judicial Procedure, and

repealing section 7607 of Title 26, Internal Revenue Code) may be

cited as the 'Comprehensive Forfeiture Act of 1984'.''

SHORT TITLE

Section 1 of Pub. L. 91-452 provided in part: ''That this Act

(enacting this section, sections 841 to 848, 1511, 1623, 1955, 1962

to 1968, 3331 to 3334, 3503, 3504, 3575 to 3578, and 6001 to 6005

of this title, and section 1826 of Title 28, Judiciary and Judicial

Procedure, amending sections 835, 1073, 1505, 1954, 2424, 2516,

2517, 3148, 3486, and 3500 of this title, sections 15, 87f, 135c,

499m, and 2115 of Title 7, Agriculture, section 25 of Title 11,

Bankruptcy, section 1820 of Title 12, Banks and Banking, sections

49, 77v, 78u, 79r, 80a-41, 80b-9, 155, 717m, 1271, and 1714 of

Title 15, Commerce and Trade, section 825f of Title 16,

Conservation, section 1333 of Title 19, Customs Duties, section 373

of Title 21, Food and Drugs, section 161 of Title 29, Labor,

section 506 of Title 33, Navigation and Navigable Waters, sections

405 and 2201 of Title 42, The Public Health and Welfare, sections

157 and 362 of Title 45, Railroads, section 1124 of former Title

46, Shipping, section 409 of Title 47, Telegraphs, Telephones, and

Radio telegraphs, sections 9, 43, 46, 916, 1017, and 1484 of former

Title 49, Transportation, section 792 of Title 50, War and National

Defense, and sections 643a, 1152, 2026, and former section 2155 of

Title 50, Appendix, repealing sections 837, 895, 1406, and 2514 of

this title, sections 32 and 33 of Title 15; sections 4874 and 7493

of Title 26, Internal Revenue Code, section 827 of former Title 46,

sections 47 and 48 of former Title 49, and sections 121 to 144 of

Title 50, enacting provisions set out as notes under this section

and sections 841, 1511, 1955, preceding 3331, preceding 3481, 3504,

and 6001 of this title, and repealing provisions set out as a note

under section 2510 of this title) may be cited as the 'Organized

Crime Control Act of 1970'.''

SAVINGS PROVISION

Amendment by section 314 of Pub. L. 95-598 not to affect the

application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961

et seq.), or section 2516, 3057, or 3284 of this title to any act

of any person (1) committed before Oct. 1, 1979, or (2) committed

after Oct. 1, 1979, in connection with a case commenced before such

date, see section 403(d) of Pub. L. 95-598, set out as a note

preceding section 101 of Title 11, Bankruptcy.

SEPARABILITY

Section 1301 of Pub. L. 91-452 provided that: ''If the provisions

of any part of this Act (see Short Title note set out above) or the

application thereof to any person or circumstances be held invalid,

the provisions of the other parts and their application to other

persons or circumstances shall not be affected thereby.''

CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSE

Section 1 of Pub. L. 91-452 provided in part that:

''The Congress finds that (1) organized crime in the United

States is a highly sophisticated, diversified, and widespread

activity that annually drains billions of dollars from America's

economy by unlawful conduct and the illegal use of force, fraud,

and corruption; (2) organized crime derives a major portion of its

power through money obtained from such illegal endeavors as

syndicated gambling, loan sharking, the theft and fencing of

property, the importation and distribution of narcotics and other

dangerous drugs, and other forms of social exploitation; (3) this

money and power are increasingly used to infiltrate and corrupt

legitimate business and labor unions and to subvert and corrupt our

democratic processes; (4) organized crime activities in the United

States weaken the stability of the Nation's economic system, harm

innocent investors and competing organizations, interfere with free

competition, seriously burden interstate and foreign commerce,

threaten the domestic security, and undermine the general welfare

of the Nation and its citizens; and (5) organized crime continues

to grow because of defects in the evidence-gathering process of the

law inhibiting the development of the legally admissible evidence

necessary to bring criminal and other sanctions or remedies to bear

on the unlawful activities of those engaged in organized crime and

because the sanctions and remedies available to the Government are

unnecessarily limited in scope and impact.

''It is the purpose of this Act (see Short Title note above) to

seek the eradication of organized crime in the United States by

strengthening the legal tools in the evidence-gathering process, by

establishing new penal prohibitions, and by providing enhanced

sanctions and new remedies to deal with the unlawful activities of

those engaged in organized crime.''

LIBERAL CONSTRUCTION OF PROVISIONS; SUPERSEDURE OF FEDERAL OR STATE

LAWS; AUTHORITY OF ATTORNEYS REPRESENTING UNITED STATES

Section 904 of title IX of Pub. L. 91-452 provided that:

''(a) The provisions of this title (enacting this chapter and

amending sections 1505, 2516, and 2517 of this title) shall be

liberally construed to effectuate its remedial purposes.

''(b) Nothing in this title shall supersede any provision of

Federal, State, or other law imposing criminal penalties or

affording civil remedies in addition to those provided for in this

title.

''(c) Nothing contained in this title shall impair the authority

of any attorney representing the United States to -

''(1) lay before any grand jury impaneled by any district court

of the United States any evidence concerning any alleged

racketeering violation of law;

''(2) invoke the power of any such court to compel the

production of any evidence before any such grand jury; or

''(3) institute any proceeding to enforce any order or process

issued in execution of such power or to punish disobedience of

any such order or process by any person.''

PRESIDENT'S COMMISSION ON ORGANIZED CRIME; TAKING OF TESTIMONY AND

RECEIPT OF EVIDENCE

Pub. L. 98-368, July 17, 1984, 98 Stat. 490, provided for the

Commission established by Ex. Ord. No. 12435, formerly set out

below, authority relating to taking of testimony, receipt of

evidence, subpoena power, testimony of persons in custody,

immunity, service of process, witness fees, access to other records

and information, Federal protection for members and staff, closure

of meetings, rules, and procedures, for the period of July 17,

1984, until the earlier of 2 years or the expiration of the

Commission.

-EXEC-

EXECUTIVE ORDER NO. 12435

Ex. Ord. No. 12435, July 28, 1983, 48 F.R. 34723, as amended Ex.

Ord. No. 12507, Mar. 22, 1985, 50 F.R. 11835, which established and

provided for the administration of the President's Commission on

Organized Crime, was revoked by Ex. Ord. No. 12610, Sept. 30, 1987,

52 F.R. 36901, formerly set out as a note under section 14 of the

Federal Advisory Committee Act in the Appendix to Title 5,

Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 924, 1956, 1959 of this

title; title 7 section 12a.

-CITE-

18 USC Sec. 1962 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

-HEAD-

Sec. 1962. Prohibited activities

-STATUTE-

(a) It shall be unlawful for any person who has received any

income derived, directly or indirectly, from a pattern of

racketeering activity or through collection of an unlawful debt in

which such person has participated as a principal within the

meaning of section 2, title 18, United States Code, to use or

invest, directly or indirectly, any part of such income, or the

proceeds of such income, in acquisition of any interest in, or the

establishment or operation of, any enterprise which is engaged in,

or the activities of which affect, interstate or foreign commerce.

A purchase of securities on the open market for purposes of

investment, and without the intention of controlling or

participating in the control of the issuer, or of assisting another

to do so, shall not be unlawful under this subsection if the

securities of the issuer held by the purchaser, the members of his

immediate family, and his or their accomplices in any pattern or

racketeering activity or the collection of an unlawful debt after

such purchase do not amount in the aggregate to one percent of the

outstanding securities of any one class, and do not confer, either

in law or in fact, the power to elect one or more directors of the

issuer.

(b) It shall be unlawful for any person through a pattern of

racketeering activity or through collection of an unlawful debt to

acquire or maintain, directly or indirectly, any interest in or

control of any enterprise which is engaged in, or the activities of

which affect, interstate or foreign commerce.

(c) It shall be unlawful for any person employed by or associated

with any enterprise engaged in, or the activities of which affect,

interstate or foreign commerce, to conduct or participate, directly

or indirectly, in the conduct of such enterprise's affairs through

a pattern of racketeering activity or collection of unlawful debt.

(d) It shall be unlawful for any person to conspire to violate

any of the provisions of subsection (a), (b), or (c) of this

section.

-SOURCE-

(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84

Stat. 942; amended Pub. L. 100-690, title VII, Sec. 7033, Nov. 18,

1988, 102 Stat. 4398.)

-MISC1-

AMENDMENTS

1988 - Subsec. (d). Pub. L. 100-690 substituted ''subsection''

for ''subsections''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1963, 1964, 3554 of this

title; title 7 section 12a; title 8 section 1101.

-CITE-

18 USC Sec. 1963 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

-HEAD-

Sec. 1963. Criminal penalties

-STATUTE-

(a) Whoever violates any provision of section 1962 of this

chapter shall be fined under this title or imprisoned not more than

20 years (or for life if the violation is based on a racketeering

activity for which the maximum penalty includes life imprisonment),

or both, and shall forfeit to the United States, irrespective of

any provision of State law -

(1) any interest the person has acquired or maintained in

violation of section 1962;

(2) any -

(A) interest in;

(B) security of;

(C) claim against; or

(D) property or contractual right of any kind affording a

source of influence over;

any enterprise which the person has established, operated,

controlled, conducted, or participated in the conduct of, in

violation of section 1962; and

(3) any property constituting, or derived from, any proceeds

which the person obtained, directly or indirectly, from

racketeering activity or unlawful debt collection in violation of

section 1962.

The court, in imposing sentence on such person shall order, in

addition to any other sentence imposed pursuant to this section,

that the person forfeit to the United States all property described

in this subsection. In lieu of a fine otherwise authorized by this

section, a defendant who derives profits or other proceeds from an

offense may be fined not more than twice the gross profits or other

proceeds.

(b) Property subject to criminal forfeiture under this section

includes -

(1) real property, including things growing on, affixed to, and

found in land; and

(2) tangible and intangible personal property, including

rights, privileges, interests, claims, and securities.

(c) All right, title, and interest in property described in

subsection (a) vests in the United States upon the commission of

the act giving rise to forfeiture under this section. Any such

property that is subsequently transferred to a person other than

the defendant may be the subject of a special verdict of forfeiture

and thereafter shall be ordered forfeited to the United States,

unless the transferee establishes in a hearing pursuant to

subsection (l) that he is a bona fide purchaser for value of such

property who at the time of purchase was reasonably without cause

to believe that the property was subject to forfeiture under this

section.

(d)(1) Upon application of the United States, the court may enter

a restraining order or injunction, require the execution of a

satisfactory performance bond, or take any other action to preserve

the availability of property described in subsection (a) for

forfeiture under this section -

(A) upon the filing of an indictment or information charging a

violation of section 1962 of this chapter and alleging that the

property with respect to which the order is sought would, in the

event of conviction, be subject to forfeiture under this section;

or

(B) prior to the filing of such an indictment or information,

if, after notice to persons appearing to have an interest in the

property and opportunity for a hearing, the court determines that

-

(i) there is a substantial probability that the United States

will prevail on the issue of forfeiture and that failure to

enter the order will result in the property being destroyed,

removed from the jurisdiction of the court, or otherwise made

unavailable for forfeiture; and

(ii) the need to preserve the availability of the property

through the entry of the requested order outweighs the hardship

on any party against whom the order is to be entered:

Provided, however, That an order entered pursuant to subparagraph

(B) shall be effective for not more than ninety days, unless

extended by the court for good cause shown or unless an indictment

or information described in subparagraph (A) has been filed.

(2) A temporary restraining order under this subsection may be

entered upon application of the United States without notice or

opportunity for a hearing when an information or indictment has not

yet been filed with respect to the property, if the United States

demonstrates that there is probable cause to believe that the

property with respect to which the order is sought would, in the

event of conviction, be subject to forfeiture under this section

and that provision of notice will jeopardize the availability of

the property for forfeiture. Such a temporary order shall expire

not more than ten days after the date on which it is entered,

unless extended for good cause shown or unless the party against

whom it is entered consents to an extension for a longer period. A

hearing requested concerning an order entered under this paragraph

shall be held at the earliest possible time, and prior to the

expiration of the temporary order.

(3) The court may receive and consider, at a hearing held

pursuant to this subsection, evidence and information that would be

inadmissible under the Federal Rules of Evidence.

(e) Upon conviction of a person under this section, the court

shall enter a judgment of forfeiture of the property to the United

States and shall also authorize the Attorney General to seize all

property ordered forfeited upon such terms and conditions as the

court shall deem proper. Following the entry of an order declaring

the property forfeited, the court may, upon application of the

United States, enter such appropriate restraining orders or

injunctions, require the execution of satisfactory performance

bonds, appoint receivers, conservators, appraisers, accountants, or

trustees, or take any other action to protect the interest of the

United States in the property ordered forfeited. Any income

accruing to, or derived from, an enterprise or an interest in an

enterprise which has been ordered forfeited under this section may

be used to offset ordinary and necessary expenses to the enterprise

which are required by law, or which are necessary to protect the

interests of the United States or third parties.

(f) Following the seizure of property ordered forfeited under

this section, the Attorney General shall direct the disposition of

the property by sale or any other commercially feasible means,

making due provision for the rights of any innocent persons. Any

property right or interest not exercisable by, or transferable for

value to, the United States shall expire and shall not revert to

the defendant, nor shall the defendant or any person acting in

concert with or on behalf of the defendant be eligible to purchase

forfeited property at any sale held by the United States. Upon

application of a person, other than the defendant or a person

acting in concert with or on behalf of the defendant, the court may

restrain or stay the sale or disposition of the property pending

the conclusion of any appeal of the criminal case giving rise to

the forfeiture, if the applicant demonstrates that proceeding with

the sale or disposition of the property will result in irreparable

injury, harm or loss to him. Notwithstanding 31 U.S.C. 3302(b),

the proceeds of any sale or other disposition of property forfeited

under this section and any moneys forfeited shall be used to pay

all proper expenses for the forfeiture and the sale, including

expenses of seizure, maintenance and custody of the property

pending its disposition, advertising and court costs. The Attorney

General shall deposit in the Treasury any amounts of such proceeds

or moneys remaining after the payment of such expenses.

(g) With respect to property ordered forfeited under this

section, the Attorney General is authorized to -

(1) grant petitions for mitigation or remission of forfeiture,

restore forfeited property to victims of a violation of this

chapter, or take any other action to protect the rights of

innocent persons which is in the interest of justice and which is

not inconsistent with the provisions of this chapter;

(2) compromise claims arising under this section;

(3) award compensation to persons providing information

resulting in a forfeiture under this section;

(4) direct the disposition by the United States of all property

ordered forfeited under this section by public sale or any other

commercially feasible means, making due provision for the rights

of innocent persons; and

(5) take appropriate measures necessary to safeguard and

maintain property ordered forfeited under this section pending

its disposition.

(h) The Attorney General may promulgate regulations with respect

to -

(1) making reasonable efforts to provide notice to persons who

may have an interest in property ordered forfeited under this

section;

(2) granting petitions for remission or mitigation of

forfeiture;

(3) the restitution of property to victims of an offense

petitioning for remission or mitigation of forfeiture under this

chapter;

(4) the disposition by the United States of forfeited property

by public sale or other commercially feasible means;

(5) the maintenance and safekeeping of any property forfeited

under this section pending its disposition; and

(6) the compromise of claims arising under this chapter.

Pending the promulgation of such regulations, all provisions of law

relating to the disposition of property, or the proceeds from the

sale thereof, or the remission or mitigation of forfeitures for

violation of the customs laws, and the compromise of claims and the

award of compensation to informers in respect of such forfeitures

shall apply to forfeitures incurred, or alleged to have been

incurred, under the provisions of this section, insofar as

applicable and not inconsistent with the provisions hereof. Such

duties as are imposed upon the Customs Service or any person with

respect to the disposition of property under the customs law shall

be performed under this chapter by the Attorney General.

(i) Except as provided in subsection (l), no party claiming an

interest in property subject to forfeiture under this section may -

(1) intervene in a trial or appeal of a criminal case involving

the forfeiture of such property under this section; or

(2) commence an action at law or equity against the United

States concerning the validity of his alleged interest in the

property subsequent to the filing of an indictment or information

alleging that the property is subject to forfeiture under this

section.

(j) The district courts of the United States shall have

jurisdiction to enter orders as provided in this section without

regard to the location of any property which may be subject to

forfeiture under this section or which has been ordered forfeited

under this section.

(k) In order to facilitate the identification or location of

property declared forfeited and to facilitate the disposition of

petitions for remission or mitigation of forfeiture, after the

entry of an order declaring property forfeited to the United States

the court may, upon application of the United States, order that

the testimony of any witness relating to the property forfeited be

taken by deposition and that any designated book, paper, document,

record, recording, or other material not privileged be produced at

the same time and place, in the same manner as provided for the

taking of depositions under Rule 15 of the Federal Rules of

Criminal Procedure.

(l)(1) Following the entry of an order of forfeiture under this

section, the United States shall publish notice of the order and of

its intent to dispose of the property in such manner as the

Attorney General may direct. The Government may also, to the

extent practicable, provide direct written notice to any person

known to have alleged an interest in the property that is the

subject of the order of forfeiture as a substitute for published

notice as to those persons so notified.

(2) Any person, other than the defendant, asserting a legal

interest in property which has been ordered forfeited to the United

States pursuant to this section may, within thirty days of the

final publication of notice or his receipt of notice under

paragraph (1), whichever is earlier, petition the court for a

hearing to adjudicate the validity of his alleged interest in the

property. The hearing shall be held before the court alone,

without a jury.

(3) The petition shall be signed by the petitioner under penalty

of perjury and shall set forth the nature and extent of the

petitioner's right, title, or interest in the property, the time

and circumstances of the petitioner's acquisition of the right,

title, or interest in the property, any additional facts supporting

the petitioner's claim, and the relief sought.

(4) The hearing on the petition shall, to the extent practicable

and consistent with the interests of justice, be held within thirty

days of the filing of the petition. The court may consolidate the

hearing on the petition with a hearing on any other petition filed

by a person other than the defendant under this subsection.

(5) At the hearing, the petitioner may testify and present

evidence and witnesses on his own behalf, and cross-examine

witnesses who appear at the hearing. The United States may present

evidence and witnesses in rebuttal and in defense of its claim to

the property and cross-examine witnesses who appear at the

hearing. In addition to testimony and evidence presented at the

hearing, the court shall consider the relevant portions of the

record of the criminal case which resulted in the order of

forfeiture.

(6) If, after the hearing, the court determines that the

petitioner has established by a preponderance of the evidence that

-

(A) the petitioner has a legal right, title, or interest in the

property, and such right, title, or interest renders the order of

forfeiture invalid in whole or in part because the right, title,

or interest was vested in the petitioner rather than the

defendant or was superior to any right, title, or interest of the

defendant at the time of the commission of the acts which gave

rise to the forfeiture of the property under this section; or

(B) the petitioner is a bona fide purchaser for value of the

right, title, or interest in the property and was at the time of

purchase reasonably without cause to believe that the property

was subject to forfeiture under this section;

the court shall amend the order of forfeiture in accordance with

its determination.

(7) Following the court's disposition of all petitions filed

under this subsection, or if no such petitions are filed following

the expiration of the period provided in paragraph (2) for the

filing of such petitions, the United States shall have clear title

to property that is the subject of the order of forfeiture and may

warrant good title to any subsequent purchaser or transferee.

(m) If any of the property described in subsection (a), as a

result of any act or omission of the defendant -

(1) cannot be located upon the exercise of due diligence;

(2) has been transferred or sold to, or deposited with, a third

party;

(3) has been placed beyond the jurisdiction of the court;

(4) has been substantially diminished in value; or

(5) has been commingled with other property which cannot be

divided without difficulty;

the court shall order the forfeiture of any other property of the

defendant up to the value of any property described in paragraphs

(1) through (5).

-SOURCE-

(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84

Stat. 943; amended Pub. L. 98-473, title II, Sec. 302, 2301(a)-(c),

Oct. 12, 1984, 98 Stat. 2040, 2192; Pub. L. 99-570, title I, Sec.

1153(a), Oct. 27, 1986, 100 Stat. 3207-13; Pub. L. 99-646, Sec. 23,

Nov. 10, 1986, 100 Stat. 3597; Pub. L. 100-690, title VII, Sec.

7034, 7058(d), Nov. 18, 1988, 102 Stat. 4398, 4403; Pub. L.

101-647, title XXXV, Sec. 3561, Nov. 29, 1990, 104 Stat. 4927.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in subsec. (d)(3), are

set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

-MISC2-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-647 substituted ''or both'' for

''or both.'' in introductory provisions.

1988 - Subsec. (a). Pub. L. 100-690, Sec. 7058(d), substituted

''shall be fined under this title or imprisoned not more than 20

years (or for life if the violation is based on a racketeering

activity for which the maximum penalty includes life imprisonment),

or both.'' for ''shall be fined not more than $25,000 or imprisoned

not more than twenty years, or both''.

Subsecs. (m), (n). Pub. L. 100-690, Sec. 7034, redesignated

former subsec. (n) as (m) and substituted ''act or omission'' for

''act of omission''.

1986 - Subsecs. (c) to (m). Pub. L. 99-646 substituted ''(l)''

for ''(m)'' in subsec. (c), redesignated subsecs. (e) to (m) as (d)

to (l), respectively, and substituted ''(l)'' for ''(m)'' in

subsec. (i) as redesignated.

Subsec. (n). Pub. L. 99-570 added subsec. (n).

1984 - Subsec. (a). Pub. L. 98-473, Sec. 2301(a), inserted ''In

lieu of a fine otherwise authorized by this section, a defendant

who derives profits or other proceeds from an offense may be fined

not more than twice the gross profits or other proceeds.''

following par. (3).

Pub. L. 98-473, Sec. 302, amended subsec. (a) generally,

designating existing provisions as pars. (1) and (2), inserting

par. (3), and provisions following par. (3) relating to power of

the court to order forfeiture to the United States.

Subsec. (b). Pub. L. 98-473, Sec. 302, amended subsec. (b)

generally, substituting provisions relating to property subject to

forfeiture, for provisions relating to jurisdiction of the district

courts of the United States.

Subsec. (c). Pub. L. 98-473, Sec. 302, amended subsec. (c)

generally, substituting provisions relating to transfer of rights,

etc., in property to the United States, or to other transferees,

for provisions relating to seizure and transfer of property to the

United States and procedures related thereto.

Subsec. (d). Pub. L. 98-473, Sec. 2301(b), struck out subsec. (d)

which provided: ''If any of the property described in subsection

(a): (1) cannot be located; (2) has been transferred to, sold to,

or deposited with, a third party; (3) has been placed beyond the

jurisdiction of the court; (4) has been substantially diminished in

value by any act or omission of the defendant; or (5) has been

commingled with other property which cannot be divided without

difficulty; the court shall order the forfeiture of any other

property of the defendant up to the value of any property described

in paragraphs (1) through (5).''

Pub. L. 98-473, Sec. 302, added subsec. (d).

Subsecs. (e) to (m). Pub. L. 98-473, Sec. 302, added subsecs. (d)

to (m).

Subsec. (m)(1). Pub. L. 98-473, Sec. 2301(c), struck out ''for at

least seven successive court days'' after ''dispose of the

property''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2516, 3293, 3554 of this

title; title 7 section 12a; title 50 App. section 2410.

-CITE-

18 USC Sec. 1964 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

-HEAD-

Sec. 1964. Civil remedies

-STATUTE-

(a) The district courts of the United States shall have

jurisdiction to prevent and restrain violations of section 1962 of

this chapter by issuing appropriate orders, including, but not

limited to: ordering any person to divest himself of any interest,

direct or indirect, in any enterprise; imposing reasonable

restrictions on the future activities or investments of any person,

including, but not limited to, prohibiting any person from engaging

in the same type of endeavor as the enterprise engaged in, the

activities of which affect interstate or foreign commerce; or

ordering dissolution or reorganization of any enterprise, making

due provision for the rights of innocent persons.

(b) The Attorney General may institute proceedings under this

section. Pending final determination thereof, the court may at any

time enter such restraining orders or prohibitions, or take such

other actions, including the acceptance of satisfactory performance

bonds, as it shall deem proper.

(c) Any person injured in his business or property by reason of a

violation of section 1962 of this chapter may sue therefor in any

appropriate United States district court and shall recover

threefold the damages he sustains and the cost of the suit,

including a reasonable attorney's fee, except that no person may

rely upon any conduct that would have been actionable as fraud in

the purchase or sale of securities to establish a violation of

section 1962. The exception contained in the preceding sentence

does not apply to an action against any person that is criminally

convicted in connection with the fraud, in which case the statute

of limitations shall start to run on the date on which the

conviction becomes final.

(d) A final judgment or decree rendered in favor of the United

States in any criminal proceeding brought by the United States

under this chapter shall estop the defendant from denying the

essential allegations of the criminal offense in any subsequent

civil proceeding brought by the United States.

-SOURCE-

(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84

Stat. 943; amended Pub. L. 98-620, title IV, Sec. 402(24)(A), Nov.

8, 1984, 98 Stat. 3359; Pub. L. 104-67, title I, Sec. 107, Dec. 22,

1995, 109 Stat. 758.)

-MISC1-

AMENDMENTS

1995 - Subsec. (c). Pub. L. 104-67 inserted before period at end

'', except that no person may rely upon any conduct that would have

been actionable as fraud in the purchase or sale of securities to

establish a violation of section 1962. The exception contained in

the preceding sentence does not apply to an action against any

person that is criminally convicted in connection with the fraud,

in which case the statute of limitations shall start to run on the

date on which the conviction becomes final''.

1984 - Subsec. (b). Pub. L. 98-620 struck out provision that in

any action brought by the United States under this section, the

court had to proceed as soon as practicable to the hearing and

determination thereof.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-67 not to affect or apply to any private

action arising under title I of the Securities Exchange Act of 1934

(15 U.S.C. 78a et seq.) or title I of the Securities Act of 1933

(15 U.S.C. 77a et seq.), commenced before and pending on Dec. 22,

1995, see section 108 of Pub. L. 104-67, set out as a note under

section 77l of Title 15, Commerce and Trade.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of Title 28, Judiciary and

Judicial Procedure.

CONSTRUCTION OF 1995 AMENDMENT

Nothing in amendment by Pub. L. 104-67 to be deemed to create or

ratify any implied right of action, or to prevent Securities and

Exchange Commission, by rule or regulation, from restricting or

otherwise regulating private actions under Securities Exchange Act

of 1934 (15 U.S.C. 78a et seq.), see section 203 of Pub. L. 104-67,

set out as a Construction note under section 78j-1 of Title 15,

Commerce and Trade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1965 of this title.

-CITE-

18 USC Sec. 1965 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

-HEAD-

Sec. 1965. Venue and process

-STATUTE-

(a) Any civil action or proceeding under this chapter against any

person may be instituted in the district court of the United States

for any district in which such person resides, is found, has an

agent, or transacts his affairs.

(b) In any action under section 1964 of this chapter in any

district court of the United States in which it is shown that the

ends of justice require that other parties residing in any other

district be brought before the court, the court may cause such

parties to be summoned, and process for that purpose may be served

in any judicial district of the United States by the marshal

thereof.

(c) In any civil or criminal action or proceeding instituted by

the United States under this chapter in the district court of the

United States for any judicial district, subpenas issued by such

court to compel the attendance of witnesses may be served in any

other judicial district, except that in any civil action or

proceeding no such subpena shall be issued for service upon any

individual who resides in another district at a place more than one

hundred miles from the place at which such court is held without

approval given by a judge of such court upon a showing of good

cause.

(d) All other process in any action or proceeding under this

chapter may be served on any person in any judicial district in

which such person resides, is found, has an agent, or transacts his

affairs.

-SOURCE-

(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84

Stat. 944.)

-CITE-

18 USC Sec. 1966 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

-HEAD-

Sec. 1966. Expedition of actions

-STATUTE-

In any civil action instituted under this chapter by the United

States in any district court of the United States, the Attorney

General may file with the clerk of such court a certificate stating

that in his opinion the case is of general public importance. A

copy of that certificate shall be furnished immediately by such

clerk to the chief judge or in his absence to the presiding

district judge of the district in which such action is pending.

Upon receipt of such copy, such judge shall designate immediately a

judge of that district to hear and determine action.

-SOURCE-

(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84

Stat. 944; amended Pub. L. 98-620, title IV, Sec. 402(24)(B), Nov.

8, 1984, 98 Stat. 3359.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-620 struck out provision that the judge so

designated had to assign such action for hearing as soon as

practicable, participate in the hearings and determination thereof,

and cause such action to be expedited in every way.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of Title 28, Judiciary and

Judicial Procedure.

-CITE-

18 USC Sec. 1967 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

-HEAD-

Sec. 1967. Evidence

-STATUTE-

In any proceeding ancillary to or in any civil action instituted

by the United States under this chapter the proceedings may be open

or closed to the public at the discretion of the court after

consideration of the rights of affected persons.

-SOURCE-

(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84

Stat. 944.)

-CITE-

18 USC Sec. 1968 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

-HEAD-

Sec. 1968. Civil investigative demand

-STATUTE-

(a) Whenever the Attorney General has reason to believe that any

person or enterprise may be in possession, custody, or control of

any documentary materials relevant to a racketeering investigation,

he may, prior to the institution of a civil or criminal proceeding

thereon, issue in writing, and cause to be served upon such person,

a civil investigative demand requiring such person to produce such

material for examination.

(b) Each such demand shall -

(1) state the nature of the conduct constituting the alleged

racketeering violation which is under investigation and the

provision of law applicable thereto;

(2) describe the class or classes of documentary material

produced thereunder with such definiteness and certainty as to

permit such material to be fairly identified;

(3) state that the demand is returnable forthwith or prescribe

a return date which will provide a reasonable period of time

within which the material so demanded may be assembled and made

available for inspection and copying or reproduction; and

(4) identify the custodian to whom such material shall be made

available.

(c) No such demand shall -

(1) contain any requirement which would be held to be

unreasonable if contained in a subpena duces tecum issued by a

court of the United States in aid of a grand jury investigation

of such alleged racketeering violation; or

(2) require the production of any documentary evidence which

would be privileged from disclosure if demanded by a subpena

duces tecum issued by a court of the United States in aid of a

grand jury investigation of such alleged racketeering violation.

(d) Service of any such demand or any petition filed under this

section may be made upon a person by -

(1) delivering a duly executed copy thereof to any partner,

executive officer, managing agent, or general agent thereof, or

to any agent thereof authorized by appointment or by law to

receive service of process on behalf of such person, or upon any

individual person;

(2) delivering a duly executed copy thereof to the principal

office or place of business of the person to be served; or

(3) depositing such copy in the United States mail, by

registered or certified mail duly addressed to such person at its

principal office or place of business.

(e) A verified return by the individual serving any such demand

or petition setting forth the manner of such service shall be prima

facie proof of such service. In the case of service by registered

or certified mail, such return shall be accompanied by the return

post office receipt of delivery of such demand.

(f)(1) The Attorney General shall designate a racketeering

investigator to serve as racketeer document custodian, and such

additional racketeering investigators as he shall determine from

time to time to be necessary to serve as deputies to such officer.

(2) Any person upon whom any demand issued under this section has

been duly served shall make such material available for inspection

and copying or reproduction to the custodian designated therein at

the principal place of business of such person, or at such other

place as such custodian and such person thereafter may agree and

prescribe in writing or as the court may direct, pursuant to this

section on the return date specified in such demand, or on such

later date as such custodian may prescribe in writing. Such person

may upon written agreement between such person and the custodian

substitute for copies of all or any part of such material originals

thereof.

(3) The custodian to whom any documentary material is so

delivered shall take physical possession thereof, and shall be

responsible for the use made thereof and for the return thereof

pursuant to this chapter. The custodian may cause the preparation

of such copies of such documentary material as may be required for

official use under regulations which shall be promulgated by the

Attorney General. While in the possession of the custodian, no

material so produced shall be available for examination, without

the consent of the person who produced such material, by any

individual other than the Attorney General. Under such reasonable

terms and conditions as the Attorney General shall prescribe,

documentary material while in the possession of the custodian shall

be available for examination by the person who produced such

material or any duly authorized representatives of such person.

(4) Whenever any attorney has been designated to appear on behalf

of the United States before any court or grand jury in any case or

proceeding involving any alleged violation of this chapter, the

custodian may deliver to such attorney such documentary material in

the possession of the custodian as such attorney determines to be

required for use in the presentation of such case or proceeding on

behalf of the United States. Upon the conclusion of any such case

or proceeding, such attorney shall return to the custodian any

documentary material so withdrawn which has not passed into the

control of such court or grand jury through the introduction

thereof into the record of such case or proceeding.

(5) Upon the completion of -

(i) the racketeering investigation for which any documentary

material was produced under this chapter, and

(ii) any case or proceeding arising from such investigation,

the custodian shall return to the person who produced such

material all such material other than copies thereof made by the

Attorney General pursuant to this subsection which has not passed

into the control of any court or grand jury through the

introduction thereof into the record of such case or proceeding.

(6) When any documentary material has been produced by any person

under this section for use in any racketeering investigation, and

no such case or proceeding arising therefrom has been instituted

within a reasonable time after completion of the examination and

analysis of all evidence assembled in the course of such

investigation, such person shall be entitled, upon written demand

made upon the Attorney General, to the return of all documentary

material other than copies thereof made pursuant to this subsection

so produced by such person.

(7) In the event of the death, disability, or separation from

service of the custodian of any documentary material produced under

any demand issued under this section or the official relief of such

custodian from responsibility for the custody and control of such

material, the Attorney General shall promptly -

(i) designate another racketeering investigator to serve as

custodian thereof, and

(ii) transmit notice in writing to the person who produced such

material as to the identity and address of the successor so

designated.

Any successor so designated shall have with regard to such

materials all duties and responsibilities imposed by this section

upon his predecessor in office with regard thereto, except that he

shall not be held responsible for any default or dereliction which

occurred before his designation as custodian.

(g) Whenever any person fails to comply with any civil

investigative demand duly served upon him under this section or

whenever satisfactory copying or reproduction of any such material

cannot be done and such person refuses to surrender such material,

the Attorney General may file, in the district court of the United

States for any judicial district in which such person resides, is

found, or transacts business, and serve upon such person a petition

for an order of such court for the enforcement of this section,

except that if such person transacts business in more than one such

district such petition shall be filed in the district in which such

person maintains his principal place of business, or in such other

district in which such person transacts business as may be agreed

upon by the parties to such petition.

(h) Within twenty days after the service of any such demand upon

any person, or at any time before the return date specified in the

demand, whichever period is shorter, such person may file, in the

district court of the United States for the judicial district

within which such person resides, is found, or transacts business,

and serve upon such custodian a petition for an order of such court

modifying or setting aside such demand. The time allowed for

compliance with the demand in whole or in part as deemed proper and

ordered by the court shall not run during the pendency of such

petition in the court. Such petition shall specify each ground

upon which the petitioner relies in seeking such relief, and may be

based upon any failure of such demand to comply with the provisions

of this section or upon any constitutional or other legal right or

privilege of such person.

(i) At any time during which any custodian is in custody or

control of any documentary material delivered by any person in

compliance with any such demand, such person may file, in the

district court of the United States for the judicial district

within which the office of such custodian is situated, and serve

upon such custodian a petition for an order of such court requiring

the performance by such custodian of any duty imposed upon him by

this section.

(j) Whenever any petition is filed in any district court of the

United States under this section, such court shall have

jurisdiction to hear and determine the matter so presented, and to

enter such order or orders as may be required to carry into effect

the provisions of this section.

-SOURCE-

(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84

Stat. 944.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 section 1833a.

-CITE-