-CITE-
    18 USC CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT
           ORGANIZATIONS                                   01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

-HEAD-
        CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS    

-MISC1-
    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.

-End-

-CITE-
    18 USC Sec. 1961                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

-HEAD-
    Sec. 1961. Definitions

-STATUTE-
      As used in this chapter - 
        (1) "racketeering activity" means (A) any act or threat
      involving murder, kidnapping, gambling, arson, robbery, bribery,
      extortion, dealing in obscene matter, or dealing in a controlled
      substance or listed chemical (as defined in section 102 of the
      Controlled Substances Act), which is chargeable under State law
      and punishable by imprisonment for more than one year; (B) any
      act which is indictable under any of the following provisions of
      title 18, United States Code: Section 201 (relating to bribery),
      section 224 (relating to sports bribery), sections 471, 472, and
      473 (relating to counterfeiting), section 659 (relating to theft
      from interstate shipment) if the act indictable under section 659
      is felonious, section 664 (relating to embezzlement from pension
      and welfare funds), sections 891-894 (relating to extortionate
      credit transactions), section 1028 (relating to fraud and related
      activity in connection with identification documents), section
      1029 (relating to fraud and related activity in connection with
      access devices), section 1084 (relating to the transmission of
      gambling information), section 1341 (relating to mail fraud),
      section 1343 (relating to wire fraud), section 1344 (relating to
      financial institution fraud), section 1425 (relating to the
      procurement of citizenship or nationalization unlawfully),
      section 1426 (relating to the reproduction of naturalization or
      citizenship papers), section 1427 (relating to the sale of
      naturalization or citizenship papers), sections 1461-1465
      (relating to obscene matter), section 1503 (relating to
      obstruction of justice), section 1510 (relating to obstruction of
      criminal investigations), section 1511 (relating to the
      obstruction of State or local law enforcement), section 1512
      (relating to tampering with a witness, victim, or an informant),
      section 1513 (relating to retaliating against a witness, victim,
      or an informant), section 1542 (relating to false statement in
      application and use of passport), section 1543 (relating to
      forgery or false use of passport), section 1544 (relating to
      misuse of passport), section 1546 (relating to fraud and misuse
      of visas, permits, and other documents), sections 1581-1592
      (relating to peonage, slavery, and trafficking in persons).,(!1)
      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), section 1960
      (relating to illegal money transmitters), sections 2251, 2251A,
      2252, and 2260 (relating to sexual exploitation of children),
      sections 2312 and 2313 (relating to interstate transportation of
      stolen motor vehicles), sections 2314 and 2315 (relating to
      interstate transportation of stolen property), section 2318
      (relating to trafficking in counterfeit labels for phonorecords,
      computer programs or computer program documentation or packaging
      and copies of motion pictures or other audiovisual works),
      section 2319 (relating to criminal infringement of a copyright),
      section 2319A (relating to unauthorized fixation of and
      trafficking in sound recordings and music videos of live musical
      performances), section 2320 (relating to trafficking in goods or
      services bearing counterfeit marks), section 2321 (relating to
      trafficking in certain motor vehicles or motor vehicle parts),
      sections 2341-2346 (relating to trafficking in contraband
      cigarettes), sections 2421-24 (relating to white slave traffic),
      sections 175-178 (relating to biological weapons), sections 229-
      229F (relating to chemical weapons), section 831 (relating to
      nuclear materials), (C) any act which is indictable under title
      29, United States Code, section 186 (dealing with restrictions on
      payments and loans to labor organizations) or section 501(c)
      (relating to embezzlement from union funds), (D) any offense
      involving fraud connected with a case under title 11 (except a
      case under section 157 of this title), fraud in the sale of
      securities, or the felonious manufacture, importation, receiving,
      concealment, buying, selling, or otherwise dealing in a
      controlled substance or listed chemical (as defined in section
      102 of the Controlled Substances Act), punishable under any law
      of the United States, (E) any act which is indictable under the
      Currency and Foreign Transactions Reporting Act, (F) any act
      which is indictable under the Immigration and Nationality Act,
      section 274 (relating to bringing in and harboring certain
      aliens), section 277 (relating to aiding or assisting certain
      aliens to enter the United States), or section 278 (relating to
      importation of alien for immoral purpose) if the act indictable
      under such section of such Act was committed for the purpose of
      financial gain, or (G) any act that is indictable under any
      provision listed in section 2332b(g)(5)(B);

        (2) "State" means any State of the United States, the District
      of Columbia, the Commonwealth of Puerto Rico, any territory or
      possession of the United States, any political subdivision, or
      any department, agency, or instrumentality thereof;
        (3) "person" includes any individual or entity capable of
      holding a legal or beneficial interest in property;
        (4) "enterprise" includes any individual, partnership,
      corporation, association, or other legal entity, and any union or
      group of individuals associated in fact although not a legal
      entity;
        (5) "pattern of racketeering activity" requires at least two
      acts of racketeering activity, one of which occurred after the
      effective date of this chapter and the last of which occurred
      within ten years (excluding any period of imprisonment) after the
      commission of a prior act of racketeering activity;
        (6) "unlawful debt" means a debt (A) incurred or contracted in
      gambling activity which was in violation of the law of the United
      States, a State or political subdivision thereof, or which is
      unenforceable under State or Federal law in whole or in part as
      to principal or interest because of the laws relating to usury,
      and (B) which was incurred in connection with the business of
      gambling in violation of the law of the United States, a State or
      political subdivision thereof, or the business of lending money
      or a thing of value at a rate usurious under State or Federal
      law, where the usurious rate is at least twice the enforceable
      rate;
        (7) "racketeering investigator" means any attorney or
      investigator so designated by the Attorney General and charged
      with the duty of enforcing or carrying into effect this chapter;
        (8) "racketeering investigation" means any inquiry conducted by
      any racketeering investigator for the purpose of ascertaining
      whether any person has been involved in any violation of this
      chapter or of any final order, judgment, or decree of any court
      of the United States, duly entered in any case or proceeding
      arising under this chapter;
        (9) "documentary material" includes any book, paper, document,
      record, recording, or other material; and
        (10) "Attorney General" includes the Attorney General of the
      United States, the Deputy Attorney General of the United States,
      the Associate Attorney General of the United States, any
      Assistant Attorney General of the United States, or any employee
      of the Department of Justice or any employee of any department or
      agency of the United States so designated by the Attorney General
      to carry out the powers conferred on the Attorney General by this
      chapter. Any department or agency so designated may use in
      investigations authorized by this chapter either the
      investigative provisions of this chapter or the investigative
      power of such department or agency otherwise conferred by law.

-SOURCE-
    (Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84
    Stat. 941; amended Pub. L. 95-575, Sec. 3(c), Nov. 2, 1978, 92
    Stat. 2465; Pub. L. 95-598, title III, Sec. 314(g), Nov. 6, 1978,
    92 Stat. 2677; Pub. L. 98-473, title II, 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; Pub.
    L. 104-132, title IV, Sec. 433, Apr. 24, 1996, 110 Stat. 1274; Pub.
    L. 104-153, Sec. 3, July 2, 1996, 110 Stat. 1386; Pub. L. 104-208,
    div. C, title II, Sec. 202, Sept. 30, 1996, 110 Stat. 3009-565;
    Pub. L. 104-294, title VI, Secs. 601(b)(3), (i)(3), 604(b)(6), Oct.
    11, 1996, 110 Stat. 3499, 3501, 3506; Pub. L. 107-56, title VIII,
    Sec. 813, Oct. 26, 2001, 115 Stat. 382; Pub. L. 107-273, div. B,
    title IV, Sec. 4005(f)(1), Nov. 2, 2002, 116 Stat. 1813; Pub. L.
    108-193, Sec. 5(b), Dec. 19, 2003, 117 Stat. 2879; Pub. L. 108-458,
    title VI, Sec. 6802(e), Dec. 17, 2004, 118 Stat. 3767; Pub. L. 109-
    164, title I, Sec. 103(c), Jan. 10, 2006, 119 Stat. 3563; Pub. L.
    109-177, title IV, Sec. 403(a), Mar. 9, 2006, 120 Stat. 243.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 102 of the Controlled Substances Act, referred to in par.
    (1)(A), (D), is classified to section 802 of Title 21, Food and
    Drugs.
      The Currency and Foreign Transactions Reporting Act, referred to
    in par. (1)(E), is title II of Pub. L. 91-508, Oct. 26, 1970, 84
    Stat. 1118, which was repealed and reenacted as subchapter II of
    chapter 53 of Title 31, Money and Finance, by Pub. L. 97-258, Sec.
    4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which
    enacted Title 31.
      The Immigration and Nationality Act, referred to in par. (1)(F),
    is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
    classified principally to chapter 12 (Sec. 1101 et seq.) of Title
    8, Aliens and Nationality. Sections 274, 277, and 278 of the Act
    are classified to sections 1324, 1327, and 1328 of Title 8,
    respectively. For complete classification of this Act to the Code,
    see Short Title note set out under section 1101 of Title 8 and
    Tables.
      The effective date of this chapter, referred to in par. (5), is
    Oct. 15, 1970.

-MISC1-
                                AMENDMENTS                            
      2006 - Par. (1)(B). Pub. L. 109-177 inserted "section 1960
    (relating to illegal money transmitters)," before "sections 2251".
      Pub. L. 109-164 substituted "1581-1592" for "1581-1591".
      2004 - Par. (1)(B). Pub. L. 108-458 inserted "sections 175-178
    (relating to biological weapons), sections 229-229F (relating to
    chemical weapons), section 831 (relating to nuclear materials),"
    before "(C) any act which is indictable under title 29".
      2003 - Par. (1)(B). Pub. L. 108-193, which directed amendment of
    par. (1)(A) of this section by substituting "sections 1581-1591
    (relating to peonage, slavery, and trafficking in persons)." for
    "sections 1581-1588 (relating to peonage and slavery)", was
    executed by making the substitution in par. (1)(B) to reflect the
    probable intent of Congress.
      2002 - Par. (1)(G). Pub. L. 107-273 made technical amendment to
    directory language of Pub. L. 107-56. See 2001 Amendment note
    below.
      2001 - Par. (1)(G). Pub. L. 107-56, as amended by Pub. L. 107-
    273, which directed addition of cl. (G) before period at end, was
    executed by making the addition before the semicolon at end to
    reflect the probable intent of Congress.
      1996 - Par. (1)(B). Pub. L. 104-294, Sec. 604(b)(6), amended
    directory language of Pub. L. 103-322, Sec. 160001(f). See 1994
    Amendment note below.
      Pub. L. 104-294, Sec. 601(i)(3), substituted "2260" for "2258".
      Pub. L. 104-208 struck out "if the act indictable under section
    1028 was committed for the purpose of financial gain" before ",
    section 1029", inserted "section 1425 (relating to the procurement
    of citizenship or nationalization unlawfully), section 1426
    (relating to the reproduction of naturalization or citizenship
    papers), section 1427 (relating to the sale of naturalization or
    citizenship papers)," after "section 1344 (relating to financial
    institution fraud),", struck out "if the act indictable under
    section 1542 was committed for the purpose of financial gain"
    before ", section 1543", "if the act indictable under section 1543
    was committed for the purpose of financial gain" before ", section
    1544", "if the act indictable under section 1544 was committed for
    the purpose of financial gain" before ", section 1546", and "if the
    act indictable under section 1546 was committed for the purpose of
    financial gain" before ", sections 1581-1588".
      Pub. L. 104-153 inserted ", section 2318 (relating to trafficking
    in counterfeit labels for phonorecords, computer programs or
    computer program documentation or packaging and copies of motion
    pictures or other audiovisual works), section 2319 (relating to
    criminal infringement of a copyright), section 2319A (relating to
    unauthorized fixation of and trafficking in sound recordings and
    music videos of live musical performances), section 2320 (relating
    to trafficking in goods or services bearing counterfeit marks)"
    after "sections 2314 and 2315 (relating to interstate
    transportation of stolen property)".
      Pub. L. 104-132, Sec. 433(1), (2), inserted "section 1028
    (relating to fraud and related activity in connection with
    identification documents) if the act indictable under section 1028
    was committed for the purpose of financial gain," before "section
    1029" and "section 1542 (relating to false statement in application
    and use of passport) if the act indictable under section 1542 was
    committed for the purpose of financial gain, section 1543 (relating
    to forgery or false use of passport) if the act indictable under
    section 1543 was committed for the purpose of financial gain,
    section 1544 (relating to misuse of passport) if the act indictable
    under section 1544 was committed for the purpose of financial gain,
    section 1546 (relating to fraud and misuse of visas, permits, and
    other documents) if the act indictable under section 1546 was
    committed for the purpose of financial gain, sections 1581-1588
    (relating to peonage and slavery)," after "section 1513 (relating
    to retaliating against a witness, victim, or an informant),".
      Par. (1)(D). Pub. L. 104-294, Sec. 601(b)(3), substituted
    "section 157 of this title" for "section 157 of that title".
      Par. (1)(F). Pub. L. 104-132, Sec. 433(3), (4), which directed
    addition of cl. (F) before period at end, was executed by making
    the addition before the semicolon at end to reflect the probable
    intent of Congress.
      1994 - Par. (1)(A). Pub. L. 103-322, Sec. 330021(1), substituted
    "kidnapping" for "kidnaping".
      Pub. L. 103-322, Sec. 90104, substituted "a controlled substance
    or listed chemical (as defined in section 102 of the Controlled
    Substances Act)" for "narcotic or other dangerous drugs".
      Par. (1)(B). Pub. L. 103-322, Sec. 160001(f), as amended by Pub.
    L. 104-294, Sec. 604(b)(6), substituted "2251, 2251A, 2252, and
    2258" for "2251-2252".
      Par. (1)(D). Pub. L. 103-394 inserted "(except a case under
    section 157 of that title)" after "title 11".
      Pub. L. 103-322, Sec. 90104, substituted "a controlled substance
    or listed chemical (as defined in section 102 of the Controlled
    Substances Act)" for "narcotic or other dangerous drugs".
      1990 - Par. (1)(B). Pub. L. 101-647 substituted "section 1029
    (relating to" for "section 1029 (relative to" and struck out
    "sections 2251 through 2252 (relating to sexual exploitation of
    children)," before ", section 1958".
      1989 - Par. (1). Pub. L. 101-73 inserted "section 1344 (relating
    to financial institution fraud)," after "section 1343 (relating to
    wire fraud),".
      1988 - Par. (1)(B). Pub. L. 100-690, Sec. 7514, inserted
    "sections 2251 through 2252 (relating to sexual exploitation of
    children),".
      Pub. L. 100-690, Sec. 7054, inserted ", section 1029 (relative to
    fraud and related activity in connection with access devices)" and
    ", section 1958 (relating to use of interstate commerce facilities
    in the commission of murder-for-hire), sections 2251-2252 (relating
    to sexual exploitation of children)".
      Pub. L. 100-690, Sec. 7032, substituted "section 2321" for
    "section 2320".
      Pub. L. 100-690, Sec. 7013, made technical amendment to directory
    language of Pub. L. 99-646. See 1986 Amendment note below.
      Par. (10). Pub. L. 100-690, Sec. 7020(c), inserted "the Associate
    Attorney General of the United States," after "Deputy Attorney
    General of the United States,".
      1986 - Par. (1)(B). Pub. L. 99-646, as amended by Pub. L. 100-
    690, Sec. 7013, inserted "section 1512 (relating to tampering with
    a witness, victim, or an informant), section 1513 (relating to
    retaliating against a witness, victim, or an informant)," after
    "section 1511 (relating to the obstruction of State or local law
    enforcement),".
      Pub. L. 99-570 inserted "section 1956 (relating to the laundering
    of monetary instruments), section 1957 (relating to engaging in
    monetary transactions in property derived from specified unlawful
    activity),".
      1984 - Par. (1)(A). Pub. L. 98-473, Sec. 1020(1), inserted
    "dealing in obscene matter," after "extortion,".
      Par. (1)(B). Pub. L. 98-547 inserted "sections 2312 and 2313
    (relating to interstate transportation of stolen motor vehicles),"
    and "section 2320 (relating to trafficking in certain motor
    vehicles or motor vehicle parts),".
      Pub. L. 98-473, Sec. 1020(2), inserted "sections 1461-1465
    (relating to obscene matter),".
      Par. (1)(E). Pub. L. 98-473, Sec. 901(g), added cl. (E).
      1978 - Par. (1)(B). Pub. L. 95-575 inserted "sections 2341-2346
    (relating to trafficking in contraband cigarettes),".
      Par. (1)(D). Pub. L. 95-598 substituted "fraud connected with a
    case under title 11" for "bankruptcy fraud".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-273, div. B, title IV, Sec. 4005(f)(1), Nov. 2, 2002,
    116 Stat. 1813, provided that the amendment made by section
    4005(f)(1) is effective Oct. 26, 2001.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 604(b)(6) of Pub. L. 104-294 effective Sept.
    13, 1994, see section 604(d) of Pub. L. 104-294, set out as a note
    under section 13 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not
    applicable with respect to cases commenced under Title 11,
    Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L. 103-
    394, set out as a note under section 101 of Title 11.

                     EFFECTIVE DATE OF 1978 AMENDMENTS                 
      Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
    402(a) of Pub. L. 95-598, set out as an Effective Date note
    preceding section 101 of Title 11, Bankruptcy.
      Amendment by Pub. L. 95-575 effective Nov. 2, 1978, see section 4
    of Pub. L. 95-575, set out as an Effective Date note under section
    2341 of this title.

                       SHORT TITLE OF 1984 AMENDMENT                   
      Section 301 of chapter III (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.

-EXEC-
                         EXECUTIVE ORDER NO. 12435                     
      Ex. Ord. No. 12435, July 28, 1983, 48 F.R. 34723, as amended Ex.
    Ord. No. 12507, Mar. 22, 1985, 50 F.R. 11835, which established and
    provided for the administration of the President's Commission on
    Organized Crime, was revoked by Ex. Ord. No. 12610, Sept. 30, 1987,
    52 F.R. 36901, formerly set out as a note under section 14 of the
    Federal Advisory Committee Act in the Appendix to Title 5,
    Government Organization and Employees.

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    18 USC Sec. 1962                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

-HEAD-
    Sec. 1962. Prohibited activities

-STATUTE-
      (a) It shall be unlawful for any person who has received any
    income derived, directly or indirectly, from a pattern of
    racketeering activity or through collection of an unlawful debt in
    which such person has participated as a principal within the
    meaning of section 2, title 18, United States Code, to use or
    invest, directly or indirectly, any part of such income, or the
    proceeds of such income, in acquisition of any interest in, or the
    establishment or operation of, any enterprise which is engaged in,
    or the activities of which affect, interstate or foreign commerce.
    A purchase of securities on the open market for purposes of
    investment, and without the intention of controlling or
    participating in the control of the issuer, or of assisting another
    to do so, shall not be unlawful under this subsection if the
    securities of the issuer held by the purchaser, the members of his
    immediate family, and his or their accomplices in any pattern or
    racketeering activity or the collection of an unlawful debt after
    such purchase do not amount in the aggregate to one percent of the
    outstanding securities of any one class, and do not confer, either
    in law or in fact, the power to elect one or more directors of the
    issuer.
      (b) It shall be unlawful for any person through a pattern of
    racketeering activity or through collection of an unlawful debt to
    acquire or maintain, directly or indirectly, any interest in or
    control of any enterprise which is engaged in, or the activities of
    which affect, interstate or foreign commerce.
      (c) It shall be unlawful for any person employed by or associated
    with any enterprise engaged in, or the activities of which affect,
    interstate or foreign commerce, to conduct or participate, directly
    or indirectly, in the conduct of such enterprise's affairs through
    a pattern of racketeering activity or collection of unlawful debt.
      (d) It shall be unlawful for any person to conspire to violate
    any of the provisions of subsection (a), (b), or (c) of this
    section.

-SOURCE-
    (Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84
    Stat. 942; amended Pub. L. 100-690, title VII, Sec. 7033, Nov. 18,
    1988, 102 Stat. 4398.)

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (d). Pub. L. 100-690 substituted "subsection" for
    "subsections".

-End-

-CITE-
    18 USC Sec. 1963                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

-HEAD-
    Sec. 1963. Criminal penalties

-STATUTE-
      (a) Whoever violates any provision of section 1962 of this
    chapter shall be fined under this title or imprisoned not more than
    20 years (or for life if the violation is based on a racketeering
    activity for which the maximum penalty includes life imprisonment),
    or both, and shall forfeit to the United States, irrespective of
    any provision of State law - 
        (1) any interest the person has acquired or maintained in
      violation of section 1962;
        (2) any - 
          (A) interest in;
          (B) security of;
          (C) claim against; or
          (D) property or contractual right of any kind affording a
        source of influence over;

      any enterprise which the person has established, operated,
      controlled, conducted, or participated in the conduct of, in
      violation of section 1962; and
        (3) any property constituting, or derived from, any proceeds
      which the person obtained, directly or indirectly, from
      racketeering activity or unlawful debt collection in violation of
      section 1962.

    The court, in imposing sentence on such person shall order, in
    addition to any other sentence imposed pursuant to this section,
    that the person forfeit to the United States all property described
    in this subsection. In lieu of a fine otherwise authorized by this
    section, a defendant who derives profits or other proceeds from an
    offense may be fined not more than twice the gross profits or other
    proceeds.
      (b) Property subject to criminal forfeiture under this section
    includes - 
        (1) real property, including things growing on, affixed to, and
      found in land; and
        (2) tangible and intangible personal property, including
      rights, privileges, interests, claims, and securities.

      (c) All right, title, and interest in property described in
    subsection (a) vests in the United States upon the commission of
    the act giving rise to forfeiture under this section. Any such
    property that is subsequently transferred to a person other than
    the defendant may be the subject of a special verdict of forfeiture
    and thereafter shall be ordered forfeited to the United States,
    unless the transferee establishes in a hearing pursuant to
    subsection (l) that he is a bona fide purchaser for value of such
    property who at the time of purchase was reasonably without cause
    to believe that the property was subject to forfeiture under this
    section.
      (d)(1) Upon application of the United States, the court may enter
    a restraining order or injunction, require the execution of a
    satisfactory performance bond, or take any other action to preserve
    the availability of property described in subsection (a) for
    forfeiture under this section - 
        (A) upon the filing of an indictment or information charging a
      violation of section 1962 of this chapter and alleging that the
      property with respect to which the order is sought would, in the
      event of conviction, be subject to forfeiture under this section;
      or
        (B) prior to the filing of such an indictment or information,
      if, after notice to persons appearing to have an interest in the
      property and opportunity for a hearing, the court determines that
      - 
          (i) there is a substantial probability that the United States
        will prevail on the issue of forfeiture and that failure to
        enter the order will result in the property being destroyed,
        removed from the jurisdiction of the court, or otherwise made
        unavailable for forfeiture; and
          (ii) the need to preserve the availability of the property
        through the entry of the requested order outweighs the hardship
        on any party against whom the order is to be entered:

    Provided, however, That an order entered pursuant to subparagraph
    (B) shall be effective for not more than ninety days, unless
    extended by the court for good cause shown or unless an indictment
    or information described in subparagraph (A) has been filed.
      (2) A temporary restraining order under this subsection may be
    entered upon application of the United States without notice or
    opportunity for a hearing when an information or indictment has not
    yet been filed with respect to the property, if the United States
    demonstrates that there is probable cause to believe that the
    property with respect to which the order is sought would, in the
    event of conviction, be subject to forfeiture under this section
    and that provision of notice will jeopardize the availability of
    the property for forfeiture. Such a temporary order shall expire
    not more than ten days after the date on which it is entered,
    unless extended for good cause shown or unless the party against
    whom it is entered consents to an extension for a longer period. A
    hearing requested concerning an order entered under this paragraph
    shall be held at the earliest possible time, and prior to the
    expiration of the temporary order.
      (3) The court may receive and consider, at a hearing held
    pursuant to this subsection, evidence and information that would be
    inadmissible under the Federal Rules of Evidence.
      (e) Upon conviction of a person under this section, the court
    shall enter a judgment of forfeiture of the property to the United
    States and shall also authorize the Attorney General to seize all
    property ordered forfeited upon such terms and conditions as the
    court shall deem proper. Following the entry of an order declaring
    the property forfeited, the court may, upon application of the
    United States, enter such appropriate restraining orders or
    injunctions, require the execution of satisfactory performance
    bonds, appoint receivers, conservators, appraisers, accountants, or
    trustees, or take any other action to protect the interest of the
    United States in the property ordered forfeited. Any income
    accruing to, or derived from, an enterprise or an interest in an
    enterprise which has been ordered forfeited under this section may
    be used to offset ordinary and necessary expenses to the enterprise
    which are required by law, or which are necessary to protect the
    interests of the United States or third parties.
      (f) Following the seizure of property ordered forfeited under
    this section, the Attorney General shall direct the disposition of
    the property by sale or any other commercially feasible means,
    making due provision for the rights of any innocent persons. Any
    property right or interest not exercisable by, or transferable for
    value to, the United States shall expire and shall not revert to
    the defendant, nor shall the defendant or any person acting in
    concert with or on behalf of the defendant be eligible to purchase
    forfeited property at any sale held by the United States. Upon
    application of a person, other than the defendant or a person
    acting in concert with or on behalf of the defendant, the court may
    restrain or stay the sale or disposition of the property pending
    the conclusion of any appeal of the criminal case giving rise to
    the forfeiture, if the applicant demonstrates that proceeding with
    the sale or disposition of the property will result in irreparable
    injury, harm or loss to him. Notwithstanding 31 U.S.C. 3302(b), the
    proceeds of any sale or other disposition of property forfeited
    under this section and any moneys forfeited shall be used to pay
    all proper expenses for the forfeiture and the sale, including
    expenses of seizure, maintenance and custody of the property
    pending its disposition, advertising and court costs. The Attorney
    General shall deposit in the Treasury any amounts of such proceeds
    or moneys remaining after the payment of such expenses.
      (g) With respect to property ordered forfeited under this
    section, the Attorney General is authorized to - 
        (1) grant petitions for mitigation or remission of forfeiture,
      restore forfeited property to victims of a violation of this
      chapter, or take any other action to protect the rights of
      innocent persons which is in the interest of justice and which is
      not inconsistent with the provisions of this chapter;
        (2) compromise claims arising under this section;
        (3) award compensation to persons providing information
      resulting in a forfeiture under this section;
        (4) direct the disposition by the United States of all property
      ordered forfeited under this section by public sale or any other
      commercially feasible means, making due provision for the rights
      of innocent persons; and
        (5) take appropriate measures necessary to safeguard and
      maintain property ordered forfeited under this section pending
      its disposition.

      (h) The Attorney General may promulgate regulations with respect
    to - 
        (1) making reasonable efforts to provide notice to persons who
      may have an interest in property ordered forfeited under this
      section;
        (2) granting petitions for remission or mitigation of
      forfeiture;
        (3) the restitution of property to victims of an offense
      petitioning for remission or mitigation of forfeiture under this
      chapter;
        (4) the disposition by the United States of forfeited property
      by public sale or other commercially feasible means;
        (5) the maintenance and safekeeping of any property forfeited
      under this section pending its disposition; and
        (6) the compromise of claims arising under this chapter.

    Pending the promulgation of such regulations, all provisions of law
    relating to the disposition of property, or the proceeds from the
    sale thereof, or the remission or mitigation of forfeitures for
    violation of the customs laws, and the compromise of claims and the
    award of compensation to informers in respect of such forfeitures
    shall apply to forfeitures incurred, or alleged to have been
    incurred, under the provisions of this section, insofar as
    applicable and not inconsistent with the provisions hereof. Such
    duties as are imposed upon the Customs Service or any person with
    respect to the disposition of property under the customs law shall
    be performed under this chapter by the Attorney General.
      (i) Except as provided in subsection (l), no party claiming an
    interest in property subject to forfeiture under this section may -
    
        (1) intervene in a trial or appeal of a criminal case involving
      the forfeiture of such property under this section; or
        (2) commence an action at law or equity against the United
      States concerning the validity of his alleged interest in the
      property subsequent to the filing of an indictment or information
      alleging that the property is subject to forfeiture under this
      section.

      (j) The district courts of the United States shall have
    jurisdiction to enter orders as provided in this section without
    regard to the location of any property which may be subject to
    forfeiture under this section or which has been ordered forfeited
    under this section.
      (k) In order to facilitate the identification or location of
    property declared forfeited and to facilitate the disposition of
    petitions for remission or mitigation of forfeiture, after the
    entry of an order declaring property forfeited to the United States
    the court may, upon application of the United States, order that
    the testimony of any witness relating to the property forfeited be
    taken by deposition and that any designated book, paper, document,
    record, recording, or other material not privileged be produced at
    the same time and place, in the same manner as provided for the
    taking of depositions under Rule 15 of the Federal Rules of
    Criminal Procedure.
      (l)(1) Following the entry of an order of forfeiture under this
    section, the United States shall publish notice of the order and of
    its intent to dispose of the property in such manner as the
    Attorney General may direct. The Government may also, to the extent
    practicable, provide direct written notice to any person known to
    have alleged an interest in the property that is the subject of the
    order of forfeiture as a substitute for published notice as to
    those persons so notified.
      (2) Any person, other than the defendant, asserting a legal
    interest in property which has been ordered forfeited to the United
    States pursuant to this section may, within thirty days of the
    final publication of notice or his receipt of notice under
    paragraph (1), whichever is earlier, petition the court for a
    hearing to adjudicate the validity of his alleged interest in the
    property. The hearing shall be held before the court alone, without
    a jury.
      (3) The petition shall be signed by the petitioner under penalty
    of perjury and shall set forth the nature and extent of the
    petitioner's right, title, or interest in the property, the time
    and circumstances of the petitioner's acquisition of the right,
    title, or interest in the property, any additional facts supporting
    the petitioner's claim, and the relief sought.
      (4) The hearing on the petition shall, to the extent practicable
    and consistent with the interests of justice, be held within thirty
    days of the filing of the petition. The court may consolidate the
    hearing on the petition with a hearing on any other petition filed
    by a person other than the defendant under this subsection.
      (5) At the hearing, the petitioner may testify and present
    evidence and witnesses on his own behalf, and cross-examine
    witnesses who appear at the hearing. The United States may present
    evidence and witnesses in rebuttal and in defense of its claim to
    the property and cross-examine witnesses who appear at the hearing.
    In addition to testimony and evidence presented at the hearing, the
    court shall consider the relevant portions of the record of the
    criminal case which resulted in the order of forfeiture.
      (6) If, after the hearing, the court determines that the
    petitioner has established by a preponderance of the evidence that -
     
        (A) the petitioner has a legal right, title, or interest in the
      property, and such right, title, or interest renders the order of
      forfeiture invalid in whole or in part because the right, title,
      or interest was vested in the petitioner rather than the
      defendant or was superior to any right, title, or interest of the
      defendant at the time of the commission of the acts which gave
      rise to the forfeiture of the property under this section; or
        (B) the petitioner is a bona fide purchaser for value of the
      right, title, or interest in the property and was at the time of
      purchase reasonably without cause to believe that the property
      was subject to forfeiture under this section;

    the court shall amend the order of forfeiture in accordance with
    its determination.
      (7) Following the court's disposition of all petitions filed
    under this subsection, or if no such petitions are filed following
    the expiration of the period provided in paragraph (2) for the
    filing of such petitions, the United States shall have clear title
    to property that is the subject of the order of forfeiture and may
    warrant good title to any subsequent purchaser or transferee.
      (m) If any of the property described in subsection (a), as a
    result of any act or omission of the defendant - 
        (1) cannot be located upon the exercise of due diligence;
        (2) has been transferred or sold to, or deposited with, a third
      party;
        (3) has been placed beyond the jurisdiction of the court;
        (4) has been substantially diminished in value; or
        (5) has been commingled with other property which cannot be
      divided without difficulty;

    the court shall order the forfeiture of any other property of the
    defendant up to the value of any property described in paragraphs
    (1) through (5).

-SOURCE-
    (Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84
    Stat. 943; amended Pub. L. 98-473, title II, 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.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Evidence, referred to in subsec. (d)(3), are
    set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-647 substituted "or both" for "or
    both." in introductory provisions.
      1988 - Subsec. (a). Pub. L. 100-690, Sec. 7058(d), substituted
    "shall be fined under this title or imprisoned not more than 20
    years (or for life if the violation is based on a racketeering
    activity for which the maximum penalty includes life imprisonment),
    or both." for "shall be fined not more than $25,000 or imprisoned
    not more than twenty years, or both".
      Subsecs. (m), (n). Pub. L. 100-690, Sec. 7034, redesignated
    former subsec. (n) as (m) and substituted "act or omission" for
    "act of omission".
      1986 - Subsecs. (c) to (m). Pub. L. 99-646 substituted "(l)" for
    "(m)" in subsec. (c), redesignated subsecs. (e) to (m) as (d) to
    (l), respectively, and substituted "(l)" for "(m)" in subsec. (i)
    as redesignated.
      Subsec. (n). Pub. L. 99-570 added subsec. (n).
      1984 - Subsec. (a). Pub. L. 98-473, Sec. 2301(a), inserted "In
    lieu of a fine otherwise authorized by this section, a defendant
    who derives profits or other proceeds from an offense may be fined
    not more than twice the gross profits or other proceeds." following
    par. (3).
      Pub. L. 98-473, Sec. 302, amended subsec. (a) generally,
    designating existing provisions as pars. (1) and (2), inserting
    par. (3), and provisions following par. (3) relating to power of
    the court to order forfeiture to the United States.
      Subsec. (b). Pub. L. 98-473, Sec. 302, amended subsec. (b)
    generally, substituting provisions relating to property subject to
    forfeiture, for provisions relating to jurisdiction of the district
    courts of the United States.
      Subsec. (c). Pub. L. 98-473, Sec. 302, amended subsec. (c)
    generally, substituting provisions relating to transfer of rights,
    etc., in property to the United States, or to other transferees,
    for provisions relating to seizure and transfer of property to the
    United States and procedures related thereto.
      Subsec. (d). Pub. L. 98-473, Sec. 2301(b), struck out subsec. (d)
    which provided: "If any of the property described in subsection
    (a): (1) cannot be located; (2) has been transferred to, sold to,
    or deposited with, a third party; (3) has been placed beyond the
    jurisdiction of the court; (4) has been substantially diminished in
    value by any act or omission of the defendant; or (5) has been
    commingled with other property which cannot be divided without
    difficulty; the court shall order the forfeiture of any other
    property of the defendant up to the value of any property described
    in paragraphs (1) through (5)."
      Pub. L. 98-473, Sec. 302, added subsec. (d).
      Subsecs. (e) to (m). Pub. L. 98-473, Sec. 302, added subsecs. (d)
    to (m).
      Subsec. (m)(1). Pub. L. 98-473, Sec. 2301(c), struck out "for at
    least seven successive court days" after "dispose of the property".

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.

-End-

-CITE-
    18 USC Sec. 1964                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

-HEAD-
    Sec. 1964. Civil remedies

-STATUTE-
      (a) The district courts of the United States shall have
    jurisdiction to prevent and restrain violations of section 1962 of
    this chapter by issuing appropriate orders, including, but not
    limited to: ordering any person to divest himself of any interest,
    direct or indirect, in any enterprise; imposing reasonable
    restrictions on the future activities or investments of any person,
    including, but not limited to, prohibiting any person from engaging
    in the same type of endeavor as the enterprise engaged in, the
    activities of which affect interstate or foreign commerce; or
    ordering dissolution or reorganization of any enterprise, making
    due provision for the rights of innocent persons.
      (b) The Attorney General may institute proceedings under this
    section. Pending final determination thereof, the court may at any
    time enter such restraining orders or prohibitions, or take such
    other actions, including the acceptance of satisfactory performance
    bonds, as it shall deem proper.
      (c) Any person injured in his business or property by reason of a
    violation of section 1962 of this chapter may sue therefor in any
    appropriate United States district court and shall recover
    threefold the damages he sustains and the cost of the suit,
    including a reasonable attorney's fee, except that no person may
    rely upon any conduct that would have been actionable as fraud in
    the purchase or sale of securities to establish a violation of
    section 1962. The exception contained in the preceding sentence
    does not apply to an action against any person that is criminally
    convicted in connection with the fraud, in which case the statute
    of limitations shall start to run on the date on which the
    conviction becomes final.
      (d) A final judgment or decree rendered in favor of the United
    States in any criminal proceeding brought by the United States
    under this chapter shall estop the defendant from denying the
    essential allegations of the criminal offense in any subsequent
    civil proceeding brought by the United States.

-SOURCE-
    (Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84
    Stat. 943; amended Pub. L. 98-620, title IV, Sec. 402(24)(A), Nov.
    8, 1984, 98 Stat. 3359; Pub. L. 104-67, title I, Sec. 107, Dec. 22,
    1995, 109 Stat. 758.)

-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (c). Pub. L. 104-67 inserted before period at end
    ", except that no person may rely upon any conduct that would have
    been actionable as fraud in the purchase or sale of securities to
    establish a violation of section 1962. The exception contained in
    the preceding sentence does not apply to an action against any
    person that is criminally convicted in connection with the fraud,
    in which case the statute of limitations shall start to run on the
    date on which the conviction becomes final".
      1984 - Subsec. (b). Pub. L. 98-620 struck out provision that in
    any action brought by the United States under this section, the
    court had to proceed as soon as practicable to the hearing and
    determination thereof.

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Amendment by Pub. L. 104-67 not to affect or apply to any private
    action arising under title I of the Securities Exchange Act of 1934
    (15 U.S.C. 78a et seq.) or title I of the Securities Act of 1933
    (15 U.S.C. 77a et seq.), commenced before and pending on Dec. 22,
    1995, see section 108 of Pub. L. 104-67, set out as a note under
    section 77l of Title 15, Commerce and Trade.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an
    Effective Date note under section 1657 of Title 28, Judiciary and
    Judicial Procedure.

                      CONSTRUCTION OF 1995 AMENDMENT                  
      Nothing in amendment by Pub. L. 104-67 to be deemed to create or
    ratify any implied right of action, or to prevent Securities and
    Exchange Commission, by rule or regulation, from restricting or
    otherwise regulating private actions under Securities Exchange Act
    of 1934 (15 U.S.C. 78a et seq.), see section 203 of Pub. L. 104-67,
    set out as a Construction note under section 78j-1 of Title 15,
    Commerce and Trade.

-End-

-CITE-
    18 USC Sec. 1965                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

-HEAD-
    Sec. 1965. Venue and process

-STATUTE-
      (a) Any civil action or proceeding under this chapter against any
    person may be instituted in the district court of the United States
    for any district in which such person resides, is found, has an
    agent, or transacts his affairs.
      (b) In any action under section 1964 of this chapter in any
    district court of the United States in which it is shown that the
    ends of justice require that other parties residing in any other
    district be brought before the court, the court may cause such
    parties to be summoned, and process for that purpose may be served
    in any judicial district of the United States by the marshal
    thereof.
      (c) In any civil or criminal action or proceeding instituted by
    the United States under this chapter in the district court of the
    United States for any judicial district, subpenas issued by such
    court to compel the attendance of witnesses may be served in any
    other judicial district, except that in any civil action or
    proceeding no such subpena shall be issued for service upon any
    individual who resides in another district at a place more than one
    hundred miles from the place at which such court is held without
    approval given by a judge of such court upon a showing of good
    cause.
      (d) All other process in any action or proceeding under this
    chapter may be served on any person in any judicial district in
    which such person resides, is found, has an agent, or transacts his
    affairs.

-SOURCE-
    (Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84
    Stat. 944.)

-End-

-CITE-
    18 USC Sec. 1966                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

-HEAD-
    Sec. 1966. Expedition of actions

-STATUTE-
      In any civil action instituted under this chapter by the United
    States in any district court of the United States, the Attorney
    General may file with the clerk of such court a certificate stating
    that in his opinion the case is of general public importance. A
    copy of that certificate shall be furnished immediately by such
    clerk to the chief judge or in his absence to the presiding
    district judge of the district in which such action is pending.
    Upon receipt of such copy, such judge shall designate immediately a
    judge of that district to hear and determine action.

-SOURCE-
    (Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84
    Stat. 944; amended Pub. L. 98-620, title IV, Sec. 402(24)(B), Nov.
    8, 1984, 98 Stat. 3359.)

-MISC1-
                                AMENDMENTS                            
      1984 - Pub. L. 98-620 struck out provision that the judge so
    designated had to assign such action for hearing as soon as
    practicable, participate in the hearings and determination thereof,
    and cause such action to be expedited in every way.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-620 not applicable to cases pending on
    Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an
    Effective Date note under section 1657 of Title 28, Judiciary and
    Judicial Procedure.

-End-

-CITE-
    18 USC Sec. 1967                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

-HEAD-
    Sec. 1967. Evidence

-STATUTE-
      In any proceeding ancillary to or in any civil action instituted
    by the United States under this chapter the proceedings may be open
    or closed to the public at the discretion of the court after
    consideration of the rights of affected persons.

-SOURCE-
    (Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84
    Stat. 944.)

-End-

-CITE-
    18 USC Sec. 1968                                            01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

-HEAD-
    Sec. 1968. Civil investigative demand

-STATUTE-
      (a) Whenever the Attorney General has reason to believe that any
    person or enterprise may be in possession, custody, or control of
    any documentary materials relevant to a racketeering investigation,
    he may, prior to the institution of a civil or criminal proceeding
    thereon, issue in writing, and cause to be served upon such person,
    a civil investigative demand requiring such person to produce such
    material for examination.
      (b) Each such demand shall - 
        (1) state the nature of the conduct constituting the alleged
      racketeering violation which is under investigation and the
      provision of law applicable thereto;
        (2) describe the class or classes of documentary material
      produced thereunder with such definiteness and certainty as to
      permit such material to be fairly identified;
        (3) state that the demand is returnable forthwith or prescribe
      a return date which will provide a reasonable period of time
      within which the material so demanded may be assembled and made
      available for inspection and copying or reproduction; and
        (4) identify the custodian to whom such material shall be made
      available.

      (c) No such demand shall - 
        (1) contain any requirement which would be held to be
      unreasonable if contained in a subpena duces tecum issued by a
      court of the United States in aid of a grand jury investigation
      of such alleged racketeering violation; or
        (2) require the production of any documentary evidence which
      would be privileged from disclosure if demanded by a subpena
      duces tecum issued by a court of the United States in aid of a
      grand jury investigation of such alleged racketeering violation.

      (d) Service of any such demand or any petition filed under this
    section may be made upon a person by - 
        (1) delivering a duly executed copy thereof to any partner,
      executive officer, managing agent, or general agent thereof, or
      to any agent thereof authorized by appointment or by law to
      receive service of process on behalf of such person, or upon any
      individual person;
        (2) delivering a duly executed copy thereof to the principal
      office or place of business of the person to be served; or
        (3) depositing such copy in the United States mail, by
      registered or certified mail duly addressed to such person at its
      principal office or place of business.

      (e) A verified return by the individual serving any such demand
    or petition setting forth the manner of such service shall be prima
    facie proof of such service. In the case of service by registered
    or certified mail, such return shall be accompanied by the return
    post office receipt of delivery of such demand.
      (f)(1) The Attorney General shall designate a racketeering
    investigator to serve as racketeer document custodian, and such
    additional racketeering investigators as he shall determine from
    time to time to be necessary to serve as deputies to such officer.
      (2) Any person upon whom any demand issued under this section has
    been duly served shall make such material available for inspection
    and copying or reproduction to the custodian designated therein at
    the principal place of business of such person, or at such other
    place as such custodian and such person thereafter may agree and
    prescribe in writing or as the court may direct, pursuant to this
    section on the return date specified in such demand, or on such
    later date as such custodian may prescribe in writing. Such person
    may upon written agreement between such person and the custodian
    substitute for copies of all or any part of such material originals
    thereof.
      (3) The custodian to whom any documentary material is so
    delivered shall take physical possession thereof, and shall be
    responsible for the use made thereof and for the return thereof
    pursuant to this chapter. The custodian may cause the preparation
    of such copies of such documentary material as may be required for
    official use under regulations which shall be promulgated by the
    Attorney General. While in the possession of the custodian, no
    material so produced shall be available for examination, without
    the consent of the person who produced such material, by any
    individual other than the Attorney General. Under such reasonable
    terms and conditions as the Attorney General shall prescribe,
    documentary material while in the possession of the custodian shall
    be available for examination by the person who produced such
    material or any duly authorized representatives of such person.
      (4) Whenever any attorney has been designated to appear on behalf
    of the United States before any court or grand jury in any case or
    proceeding involving any alleged violation of this chapter, the
    custodian may deliver to such attorney such documentary material in
    the possession of the custodian as such attorney determines to be
    required for use in the presentation of such case or proceeding on
    behalf of the United States. Upon the conclusion of any such case
    or proceeding, such attorney shall return to the custodian any
    documentary material so withdrawn which has not passed into the
    control of such court or grand jury through the introduction
    thereof into the record of such case or proceeding.
      (5) Upon the completion of - 
        (i) the racketeering investigation for which any documentary
      material was produced under this chapter, and
        (ii) any case or proceeding arising from such investigation,
      the custodian shall return to the person who produced such
      material all such material other than copies thereof made by the
      Attorney General pursuant to this subsection which has not passed
      into the control of any court or grand jury through the
      introduction thereof into the record of such case or proceeding.

      (6) When any documentary material has been produced by any person
    under this section for use in any racketeering investigation, and
    no such case or proceeding arising therefrom has been instituted
    within a reasonable time after completion of the examination and
    analysis of all evidence assembled in the course of such
    investigation, such person shall be entitled, upon written demand
    made upon the Attorney General, to the return of all documentary
    material other than copies thereof made pursuant to this subsection
    so produced by such person.
      (7) In the event of the death, disability, or separation from
    service of the custodian of any documentary material produced under
    any demand issued under this section or the official relief of such
    custodian from responsibility for the custody and control of such
    material, the Attorney General shall promptly - 
        (i) designate another racketeering investigator to serve as
      custodian thereof, and
        (ii) transmit notice in writing to the person who produced such
      material as to the identity and address of the successor so
      designated.

    Any successor so designated shall have with regard to such
    materials all duties and responsibilities imposed by this section
    upon his predecessor in office with regard thereto, except that he
    shall not be held responsible for any default or dereliction which
    occurred before his designation as custodian.
      (g) Whenever any person fails to comply with any civil
    investigative demand duly served upon him under this section or
    whenever satisfactory copying or reproduction of any such material
    cannot be done and such person refuses to surrender such material,
    the Attorney General may file, in the district court of the United
    States for any judicial district in which such person resides, is
    found, or transacts business, and serve upon such person a petition
    for an order of such court for the enforcement of this section,
    except that if such person transacts business in more than one such
    district such petition shall be filed in the district in which such
    person maintains his principal place of business, or in such other
    district in which such person transacts business as may be agreed
    upon by the parties to such petition.
      (h) Within twenty days after the service of any such demand upon
    any person, or at any time before the return date specified in the
    demand, whichever period is shorter, such person may file, in the
    district court of the United States for the judicial district
    within which such person resides, is found, or transacts business,
    and serve upon such custodian a petition for an order of such court
    modifying or setting aside such demand. The time allowed for
    compliance with the demand in whole or in part as deemed proper and
    ordered by the court shall not run during the pendency of such
    petition in the court. Such petition shall specify each ground upon
    which the petitioner relies in seeking such relief, and may be
    based upon any failure of such demand to comply with the provisions
    of this section or upon any constitutional or other legal right or
    privilege of such person.
      (i) At any time during which any custodian is in custody or
    control of any documentary material delivered by any person in
    compliance with any such demand, such person may file, in the
    district court of the United States for the judicial district
    within which the office of such custodian is situated, and serve
    upon such custodian a petition for an order of such court requiring
    the performance by such custodian of any duty imposed upon him by
    this section.
      (j) Whenever any petition is filed in any district court of the
    United States under this section, such court shall have
    jurisdiction to hear and determine the matter so presented, and to
    enter such order or orders as may be required to carry into effect
    the provisions of this section.

-SOURCE-
    (Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84
    Stat. 944.)

-End-