THE
ACT
|
TITLE
18 - CRIMES AND CRIMINAL PROCEDURE The Racketeer Influenced and
Corrupt Organizations ("RICO") Act, 18 U.S.C. §§ 1961-68
(1994)
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 1081
(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 2421-2424 (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, or (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. (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, 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. 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 any 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. 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 (1)
that he is a bona fide purchaser for value of such property who at the time
of purchase was reasonable 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 form 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 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 interest 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 of 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 Treasure 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 provision 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 (1), 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 interest 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 n 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). (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 therefore 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. (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,
subpoenas 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 subpoena shall be issue 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. 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. 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. (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 there under 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 subpoena 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 subpoena 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 there from
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. |