A note on the material below:
This is a verbatim reproduction of Title 18 (The Rico Laws) from the Government Printing Office (GPO) on line, with hyperlink enhancements to be added - real soon now - referenced documents.

   From the U.S. Code Online via GPO Access
   [wais.access.gpo.gov]
   [Laws in effect as of January 16, 1996]
   [Document not affected by Public Laws enacted between
     January 16, 1996 and August 28, 1996]
   [CITE: 18USC]
   
   
                    TITLE 18--CRIMES AND CRIMINAL PROCEDURE
   
                                PART I--CRIMES
   
          CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
   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.
   
                     Chapter Referred to in Other Sections
   
       This chapter is referred to in section 3582 of this title; title 7
   section 12a.
   
   --------------------------------------------------------------------------
   1961.         Definitions.
   From the U.S. Code Online via GPO Access
   [wais.access.gpo.gov]
   [Laws in effect as of January 16, 1996]
   [Document affected by Public Law 104-132 Section 433]
   [Document affected by Public Law 104-153 Section 3]
   [CITE: 18USC1961]
   
   
                    TITLE 18--CRIMES AND CRIMINAL PROCEDURE
   
                                PART I--CRIMES
   
          CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
   
   Sec. 1961. Definitions
   
       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 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), 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
       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 2258 (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 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 that \1\ 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, or (E) any act which is indictable under the Currency and
       Foreign Transactions Reporting Act.
   ---------------------------------------------------------------------------
       \1\ So in original. Probably should be ``this''.
   ---------------------------------------------------------------------------
           (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.
   
   (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, Secs. 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, Secs. 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.)
   
                          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.
       Section 2258, referred to in par. (1)(B), probably means the section
   2258 of this title added by section 160001(a) of Pub. L. 103-322.
       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 effective date of this chapter, referred to in par. (5), is Oct.
   15, 1970.
   
   
                                  Amendments
   
       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), which directed the
   amendment of section ``1961(l) of title 18, United States Code'' by
   substituting ``2251, 2251A, 2252, and 2258'' for ``2251-2252'', was
   executed by making the substitution in par. (1)(B) of this section, to
   reflect the probable intent of Congress, because this section does not
   contain a subsec. (l).
       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), inserted 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 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 (Secs. 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.
   
                           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.
   
                     Section Referred to in Other Sections
   
       This section is referred to in sections 924, 1956, 1959 of this
   title; title 7 section 12a.
   
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   1962.         Prohibited activities.
   From the U.S. Code Online via GPO Access
   [wais.access.gpo.gov]
   [Laws in effect as of January 16, 1996]
   [Document not affected by Public Laws enacted between
     January 16, 1996 and August 28, 1996]
   [CITE: 18USC1962]
   
   
                    TITLE 18--CRIMES AND CRIMINAL PROCEDURE
   
                                PART I--CRIMES
   
          CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
   
   Sec. 1962. Prohibited activities
   
       (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.
   
   (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.)
   
   
                                  Amendments
   
       1988--Subsec. (d). Pub. L. 100-690 substituted ``subsection'' for
   ``subsections''.
   
                     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.
   
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   1963.         Criminal penalties.
   From the U.S. Code Online via GPO Access
   [wais.access.gpo.gov]
   [Laws in effect as of January 16, 1996]
   [Document not affected by Public Laws enacted between
     January 16, 1996 and August 28, 1996]
   [CITE: 18USC1963]
   
   
                    TITLE 18--CRIMES AND CRIMINAL PROCEDURE
   
                                PART I--CRIMES
   
          CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
   
   Sec. 1963. Criminal penalties
   
       (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).
   
   (Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84 Stat.
   943; amended Pub. L. 98-473, title II, Secs. 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, Secs. 7034, 7058(d), Nov. 18,
   1988, 102 Stat. 4398, 4403; Pub. L. 101-647, title XXXV, Sec. 3561, Nov.
   29, 1990, 104 Stat. 4927.)
   
                          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.
   
   
                                  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''.
   
                     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.
   
   --------------------------------------------------------------------------
   1964.         Civil remedies.
   From the U.S. Code Online via GPO Access
   [wais.access.gpo.gov]
   [Laws in effect as of January 16, 1996]
   [Document not affected by Public Laws enacted between
     January 16, 1996 and August 28, 1996]
   [CITE: 18USC1964]
   
   
                    TITLE 18--CRIMES AND CRIMINAL PROCEDURE
   
                                PART I--CRIMES
   
          CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
   
   Sec. 1964. Civil remedies
   
       (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  XYZZY
   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.
   
   (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.)
   
   
                                  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.
   
                     Section Referred to in Other Sections
   
       This section is referred to in section 1965 of this title.
   
   --------------------------------------------------------------------------
   1965.         Venue and process.
   From the U.S. Code Online via GPO Access
   [wais.access.gpo.gov]
   [Laws in effect as of January 16, 1996]
   [Document not affected by Public Laws enacted between
     January 16, 1996 and August 28, 1996]
   [CITE: 18USC1965]
   
   
                    TITLE 18--CRIMES AND CRIMINAL PROCEDURE
   
                                PART I--CRIMES
   
          CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
   
   Sec. 1965. Venue and process
   
       (a) Any civil action or proceeding under this chapter against any  XYZZY
   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  XYZZY
   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  XYZZY
   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.
   
   (Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84 Stat.
   944.)
   
   --------------------------------------------------------------------------
   1966.         Expedition of actions.
   From the U.S. Code Online via GPO Access
   [wais.access.gpo.gov]
   [Laws in effect as of January 16, 1996]
   [Document not affected by Public Laws enacted between
     January 16, 1996 and August 28, 1996]
   [CITE: 18USC1966]
   
   
                    TITLE 18--CRIMES AND CRIMINAL PROCEDURE
   
                                PART I--CRIMES
   
          CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
   
   Sec. 1966. Expedition of actions
   
       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.
   
   (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.)
   
   
                                  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.
   
   --------------------------------------------------------------------------
   1967.         Evidence.
   From the U.S. Code Online via GPO Access
   [wais.access.gpo.gov]
   [Laws in effect as of January 16, 1996]
   [Document not affected by Public Laws enacted between
     January 16, 1996 and August 28, 1996]
   [CITE: 18USC1967]
   
   
                    TITLE 18--CRIMES AND CRIMINAL PROCEDURE
   
                                PART I--CRIMES
   
          CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
   
   Sec. 1967. Evidence
   
       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.
   
   (Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84 Stat.
   944.)
   
   --------------------------------------------------------------------------
   1968.         Civil investigative demand.
   From the U.S. Code Online via GPO Access
   [wais.access.gpo.gov]
   [Laws in effect as of January 16, 1996]
   [Document not affected by Public Laws enacted between
     January 16, 1996 and August 28, 1996]
   [CITE: 18USC1968]
   
   
                    TITLE 18--CRIMES AND CRIMINAL PROCEDURE
   
                                PART I--CRIMES
   
          CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
   
   Sec. 1968. Civil investigative demand
   
       (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.
   
   (Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84 Stat.
   944.)
   
                     Section Referred to in Other Sections
   
       This section is referred to in title 12 section 1833a.
   



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The URL for this document is:
http://graham.main.nc.us/~bhammel/INS/RICO.html
Created: February 1, 1999
Last Updated: May 28, 2000