Section 1959 Prosecutions (RICO)

9-110.812

Specific Guidelines for Section 1959 Prosecutions

1. In deciding whether to approve a prosecution under Section 1959, the Organized Crime and Gang Section will analyze the prosecution memorandum and proposed indictment to determine whether there is a legitimate reason the offense cannot or should not be prosecuted by state or local authorities. For example, federal prosecution may be appropriate where local authorities do not have the resources to prosecute, where local authorities are reasonably believed to be corrupt, where local authorities have requested federal participation, or where the offense is closely related to a federal investigation or prosecution. A prosecution will not be authorized over the objection of local authorities in the absence of a compelling reason. Accordingly, every prosecution memorandum must state the views of local authorities with respect to the proposed prosecution, or the reasons for not soliciting them. In addition, the specific factors set forth in the following sections will be considered with respect to all proposed prosecutions.

2073

RICO Prosecution Memorandum—General Requirements

A RICO prosecution memorandum shall be an accurate, candid, and thorough analysis of the strengths and weaknesses of the proposed prosecution. In the interests of uniformity, a RICO prosecution memorandum should be divided into the following categories:

1. Identification of the Defendant(s) 
2. A Statement of Proposed Charges
3. A Summary of the Case
4. A Statement of the Law
5. A Statement of the Facts, including evidentiary basis for each act of racketeering
6. Anticipated Defenses/Special Problems or Considerations
7. Forfeiture Section
8. RICO Policy Section
9. Conclusion
10. Final Draft of Proposed Indictment