Title 18 United States Code – Crime and Criminal Procedures 

Part I – Crimes 

Chapter 96 – Racketeer Influenced and Corrupt Organizations

• § 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. 

Sec. 1961. Definitions 

As used in this chapter - 

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

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

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

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

Controlled Substances Act), which is chargeable under State law 

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

act which is indictable under any of the following provisions of 

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

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

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

from interstate shipment) if the act indictable under section 659 

is felonious, section 664 (relating to embezzlement from pension 

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

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

activity in connection with identification documents), section 

1029 (relating to fraud and related activity in connection with 

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

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

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

financial institution fraud), section 1425 (relating to the 

procurement of citizenship or nationalization unlawfully), 

section 1426 (relating to the reproduction of naturalization or 

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

naturalization or citizenship papers), sections 1461-1465 

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

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

criminal investigations), section 1511 (relating to the 

obstruction of State or local law enforcement), section 1512 

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

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

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

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

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

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

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

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

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

transportation of wagering paraphernalia), section 1954 (relating 

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

prohibition of illegal gambling businesses), section 1956 

(relating to the laundering of monetary instruments), section 

1957 (relating to engaging in monetary transactions in property 

derived from specified unlawful activity), section 1958 (relating 

to use of interstate commerce facilities in the commission of 

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

to sexual exploitation of children), sections 2312 and 2313 

(relating to interstate transportation of stolen motor vehicles), 

sections 2314 and 2315 (relating to interstate transportation of 

stolen property), section 2318 (relating to trafficking in 

counterfeit labels for phono records, computer programs or 

computer program documentation or packaging and copies of motion 

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

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

unauthorized fixation of and trafficking in sound recordings and 

music videos of live musical performances), section 2320 

(relating to trafficking in goods or services bearing counterfeit 

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

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

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

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

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

restrictions on payments and loans to labor organizations) or 

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

any offense involving fraud connected with a case under title 11 

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

sale of securities, or the felonious manufacture, importation, 

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

a controlled substance or listed chemical (as defined in section 

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

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

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

which is indictable under the Immigration and Nationality Act, 

section 274 (relating to bringing in and harboring certain 

aliens), section 277 (relating to aiding or assisting certain 
aliens to enter the United States), or section 278 (relating to 

importation of alien for immoral purpose) if the act indictable 

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

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

section 2332b(g)(5)(B).. 

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

District of Columbia, the Commonwealth of Puerto Rico, any 

territory or possession of the United States, any political 

subdivision, or any department, agency, or instrumentality 

thereof; 

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

holding a legal or beneficial interest in property; 

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

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

group of individuals associated in fact although not a legal 

entity; 

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

acts of racketeering activity, one of which occurred after the 

effective date of this chapter and the last of which occurred 

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

commission of a prior act of racketeering activity; 

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

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

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

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

as to principal or interest because of the laws relating to 

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

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

or political subdivision thereof, or the business of lending 

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

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

enforceable rate; 

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

investigator so designated by the Attorney General and charged 

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

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

by any racketeering investigator for the purpose of ascertaining 

whether any person has been involved in any violation of this 

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

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

arising under this chapter; 

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

document, record, recording, or other material; and 

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

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

the Associate Attorney General of the United States, any 
Assistant Attorney General of the United States, or any employee 

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

agency of the United States so designated by the Attorney General 

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

chapter. Any department or agency so designated may use in 

investigations authorized by this chapter either the 

investigative provisions of this chapter or the investigative 

power of such department or agency otherwise conferred by law. 

Sec. 1962. Prohibited activities 

• (a) It shall be unlawful for any person who has received any income derived, 

directly or indirectly, from a pattern of racketeering activity or through collection of 

an unlawful debt in which such person has participated as a principal within the 

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

indirectly, any part of such income, or the proceeds of such income, in acquisition 

of any interest in, or the establishment or operation of, any enterprise which is 

engaged in, or the activities of which affect, interstate or foreign commerce. A 

purchase of securities on the open market for purposes of investment, and 

without the intention of controlling or participating in the control of the issuer, or of 

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

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

family, and his or their accomplices in any pattern or racketeering activity or the 

collection of an unlawful debt after such purchase do not amount in the 

aggregate to one percent of the outstanding securities of any one class, and do 

not confer, either in law or in fact, the power to elect one or more directors of the 

issuer. 

• (b) It shall be unlawful for any person through a pattern of racketeering activity or 

through collection of an unlawful debt to acquire or maintain, directly or indirectly, 

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

which affect, interstate or foreign commerce. 

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

enterprise engaged in, or the activities of which affect, interstate or foreign 

commerce, to conduct or participate, directly or indirectly, in the conduct of such 

enterprise's affairs through a pattern of racketeering activity or collection of 

unlawful debt. 

• (d) It shall be unlawful for any person to conspire to violate any of the provisions 

of subsection (a), (b), or (c) of this section. 

Sec. 1963. Criminal penalties 

• (a) Whoever violates any provision of section 1962 of this chapter shall be fined 

under this title or imprisoned not more than 20 years (or for life if the violation is 

based on a racketeering activity for which the maximum penalty includes life 

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

provision of State law - 
• (1) any interest the person has acquired or maintained in 

violation of section 1962; 

• (2) any - 

• (A) interest in; 

• (B) security of; 

• (C) claim against; or 

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

source of influence over; 

any enterprise which the person has established, operated, 

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

violation of section 1962; and 

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

which the person obtained, directly or indirectly, from 

racketeering activity or unlawful debt collection in violation of 

section 1962. The court, in imposing sentence on such person shall 

order, in addition to any other sentence imposed pursuant to this 

section, that the person forfeit to the United States all property 

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

by this section, a defendant who derives profits or other proceeds 

from an offense may be fined not more than twice the gross profits 

or other proceeds. 

• (b) Property subject to criminal forfeiture under this section includes - 

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

found in land; and 

(2) tangible and intangible personal property, including 

rights, privileges, interests, claims, and securities. 

• (c) All right, title, and interest in property described in subsection (a) vests in the 

United States upon the commission of the act giving rise to forfeiture under this 

section. Any such property that is subsequently transferred to a person other 

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

thereafter shall be ordered forfeited to the United States, unless the transferee 

establishes in a hearing pursuant to subsection (l) that he is a bona fide 

purchaser for value of such property who at the time of purchase was reasonably 

without cause to believe that the property was subject to forfeiture under this 

section. 

• (d) 

• (1) Upon application of the United States, the court may enter a restraining 

order or injunction, require the execution of a satisfactory performance 

bond, or take any other action to preserve the availability of property 

described in subsection (a) for forfeiture under this section - 

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

violation of section 1962 of this chapter and alleging that the 

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

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

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

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

property and opportunity for a hearing, the court determines that 

- 

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

will prevail on the issue of forfeiture and that failure to 

enter the order will result in the property being destroyed, 

removed from the jurisdiction of the court, or otherwise made 

unavailable for forfeiture; and 

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

through the entry of the requested order outweighs the 

hardship 

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

Provided, however, That an order entered pursuant to 

subparagraph (B) shall be effective for not more than ninety 

days, unless extended by the court for good cause shown or 

unless an indictment or information described in 

subparagraph (A) has been filed. 

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

upon application of the United States without notice or opportunity for a 

hearing when an information or indictment has not yet been filed with 

respect to the property, if the United States demonstrates that there is 

probable cause to believe that the property with respect to which the order 

is sought would, in the event of conviction, be subject to forfeiture under 

this section and that provision of notice will jeopardize the availability of 

the property for forfeiture. Such a temporary order shall expire not more 

than ten days after the date on which it is entered, unless extended for 

good cause shown or unless the party against whom it is entered 

consents to an extension for a longer period. A hearing requested 

concerning an order entered under this paragraph shall be held at the 

earliest possible time, and prior to the expiration of the temporary order. 

• (3) The court may receive and consider, at a hearing held pursuant to this 

subsection, evidence and information that would be inadmissible under 

the Federal Rules of Evidence. 

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

judgment of forfeiture of the property to the United States and shall also 

authorize the Attorney General to seize all property ordered forfeited upon such 

terms and conditions as the court shall deem proper. Following the entry of an 

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

United States, enter such appropriate restraining orders or injunctions, require 

the execution of satisfactory performance bonds, appoint receivers, 

conservators, appraisers, accountants, or trustees, or take any other action to 

protect the interest of the United States in the property ordered forfeited. Any 

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

which has been ordered forfeited under this section may be used to offset 
ordinary and necessary expenses to the enterprise which are required by law, or 

which are necessary to protect the interests of the United States or third parties. 

• (f) Following the seizure of property ordered forfeited under this section, the 

Attorney General shall direct the disposition of the property by sale or any other 

commercially feasible means, making due provision for the rights of any innocent 

persons. Any property right or interest not exercisable by, or transferable for 

value to, the United States shall expire and shall not revert to the defendant, nor 

shall the defendant or any person acting in concert with or on behalf of the 

defendant be eligible to purchase forfeited property at any sale held by the 

United States. Upon application of a person, other than the defendant or a 

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

or stay the sale or disposition of the property pending the conclusion of any 

appeal of the criminal case giving rise to the forfeiture, if the applicant 

demonstrates that proceeding with the sale or disposition of the property will 

result in irreparable injury, harm or loss to him. Notwithstanding 31 U.S.C. 

3302(b), the proceeds of any sale or other disposition of property forfeited under 

this section and any moneys forfeited shall be used to pay all proper expenses 

for the forfeiture and the sale, including expenses of seizure, maintenance and 

custody of the property pending its disposition, advertising and court costs. The 

Attorney General shall deposit in the Treasury any amounts of such proceeds or 

moneys remaining after the payment of such expenses. 

• (g) With respect to property ordered forfeited under this section, the Attorney 

General is authorized to - 

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

restore forfeited property to victims of a violation of this 

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

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

not inconsistent with the provisions of this chapter; 

• (2) compromise claims arising under this section; 

• (3) award compensation to persons providing information 

resulting in a forfeiture under this section; 

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

ordered forfeited under this section by public sale or any other 

commercially feasible means, making due provision for the rights 

of innocent persons; and 

(5) take appropriate measures necessary to safeguard and 

maintain property ordered forfeited under this section pending 

its disposition. 

• (h) The Attorney General may promulgate regulations with respect to - 

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

may have an interest in property ordered forfeited under this 

section; 

• (2) granting petitions for remission or mitigation of 

forfeiture; 
• (3) the restitution of property to victims of an offense 

petitioning for remission or mitigation of forfeiture under this 

chapter; 

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

by public sale or other commercially feasible means; 

• (5) the maintenance and safekeeping of any property forfeited 

under this section pending its disposition; and 

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

promulgation of such regulations, all provisions of law relating to the 

disposition of property, or the proceeds from the sale thereof, or the 

remission or mitigation of forfeitures for violation of the customs laws, and 

the compromise of claims and the award of compensation to informers in 

respect of such forfeitures shall apply to forfeitures incurred, or alleged to 

have been incurred, under the provisions of this section, insofar as 

applicable and not inconsistent with the provisions hereof. Such duties as 

are imposed upon the Customs Service or any person with respect to the 

disposition of property under the customs law shall be performed under 

this chapter by the Attorney General. 

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

subject to forfeiture under this section may - 

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

the forfeiture of such property under this section; or 

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

States concerning the validity of his alleged interest in the 

property subsequent to the filing of an indictment or information 

alleging that the property is subject to forfeiture under this 

section. 

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

enter orders as provided in this section without regard to the 

location of any property which may be subject to forfeiture under 

this section or which has been ordered forfeited under this section. 

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

declared forfeited and to facilitate the disposition of petitions for 

remission or mitigation of forfeiture, after the entry of an order 

declaring property forfeited to the United States the court may, 

upon application of the United States, order that the testimony of 

any witness relating to the property forfeited be taken by deposition 

and that any designated book, paper, document, record, recording, 

or other material not privileged be produced at the same time and 

place, in the same manner as provided for the taking of depositions 

under Rule 15 of the Federal Rules of Criminal Procedure. 

• (l) 

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

section, the United States shall publish notice of the order 

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

the Attorney General may direct. The Government may also, 
to the extent practicable, provide direct written notice to any 

person known to have alleged an interest in the property that 

is the subject of the order of forfeiture as a substitute for 

published notice as to those persons so notified. 

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

interest in property which has been ordered forfeited to the 

United States pursuant to this section may, within thirty days 

of the final publication of notice or his receipt of notice under 

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

hearing to adjudicate the validity of his alleged interest in the 

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

without a jury. 

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

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

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

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

title, or interest in the property, any additional facts 

supporting the petitioner's claim, and the relief sought. 

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

and consistent with the interests of justice, be held within 

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

consolidate the hearing on the petition with a hearing on any 

other petition filed by a person other than the defendant 

under this subsection. 

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

evidence and witnesses on his own behalf, and crossexamine 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). 

Sec. 1964. Civil remedies 

• (a) The district courts of the United States shall have jurisdiction to prevent and 

restrain violations of section 1962 of this chapter by issuing appropriate orders, 

including, but not limited to: ordering any person to divest himself of any interest, 

direct or indirect, in any enterprise; imposing reasonable restrictions on the future 

activities or investments of any person, including, but not limited to, prohibiting 

any person from engaging in the same type of endeavor as the enterprise 

engaged in, the activities of which affect interstate or foreign commerce; or 

ordering dissolution or reorganization of any enterprise, making due provision for 

the rights of innocent persons. 

• (b) The Attorney General may institute proceedings under this section. Pending 

final determination thereof, the court may at any time enter such restraining 

orders or prohibitions, or take such other actions, including the acceptance of 

satisfactory performance bonds, as it shall deem proper. 
• (c) Any person injured in his business or property by reason of a 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. 

Sec. 1965. Venue and process 

• (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. 

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. 
Sec. 1967. Evidence 

In any proceeding ancillary to or in any civil action instituted by the United States under 

this chapter the proceedings may be open or closed to the public at the discretion of the 

court after consideration of the rights of affected persons. 

Sec. 1968. Civil investigative demand 

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

enterprise may be in possession, custody, or control of any documentary 

materials relevant to a racketeering investigation, he may, prior to the institution 

of a civil or criminal proceeding thereon, issue in writing, and cause to be served 

upon such person, a civil investigative demand requiring such person to produce 

such material for examination. 

• (b) Each such demand shall - 

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

racketeering violation which is under investigation and the 

provision of law applicable thereto; 

• (2) describe the class or classes of documentary material 

produced thereunder with such definiteness and certainty as to 

permit such material to be fairly identified; 

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

a return date which will provide a reasonable period of time 

within which the material so demanded may be assembled and made 

available for inspection and copying or reproduction; and 

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

available. 

• (c) No such demand shall - 

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

unreasonable if contained in a subpena duces tecum issued by a 

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

of such alleged racketeering violation; or 

• (2) require the production of any documentary evidence which 

would be privileged from disclosure if demanded by a subpena 

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

grand jury investigation of such alleged racketeering violation. 

• (d) Service of any such demand or any petition filed under this section may be 

made upon a person by - 

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

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

to any agent thereof authorized by appointment or by law to 

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

individual person; 

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

office or place of business of the person to be served; or 
• (3) depositing such copy in the United States mail, by 

registered or certified mail duly addressed to such person at its 

principal office or place of business. 

• (e) A verified return by the individual serving any such demand or petition setting 

forth the manner of such service shall be prima facie proof of such service. In the 

case of service by registered or certified mail, such return shall be accompanied 

by the return post office receipt of delivery of such demand. 

• (f) 

• (1) The Attorney General shall designate a racketeering investigator to 

serve as racketeer document custodian, and such additional racketeering 

investigators as he shall determine from time to time to be necessary to 

serve as deputies to such officer. 

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

been duly served shall make such material available for inspection and 

copying or reproduction to the custodian designated therein at the 

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

custodian and such person thereafter may agree and prescribe in writing 

or as the court may direct, pursuant to this section on the return date 

specified in such demand, or on such later date as such custodian may 

prescribe in writing. Such person may upon written agreement between 

such person and the custodian substitute for copies of all or any part of 

such material originals thereof. 

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

take physical possession thereof, and shall be responsible for the use 

made thereof and for the return thereof pursuant to this chapter. The 

custodian may cause the preparation of such copies of such documentary 

material as may be required for official use under regulations which shall 

be promulgated by the Attorney General. While in the possession of the 

custodian, no material so produced shall be available for examination, 

without the consent of the person who produced such material, by any 

individual other than the Attorney General. Under such reasonable terms 

and conditions as the Attorney General shall prescribe, documentary 

material while in the possession of the custodian shall be available for 

examination by the person who produced such material or any duly 

authorized representatives of such person. 

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

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

involving any alleged violation of this chapter, the custodian may deliver to 

such attorney such documentary material in the possession of the 

custodian as such attorney determines to be required for use in the 

presentation of such case or proceeding on behalf of the United States. 

Upon the conclusion of any such case or proceeding, such attorney shall 

return to the custodian any documentary material so withdrawn which has 

not passed into the control of such court or grand jury through the 

introduction thereof into the record of such case or proceeding. 

• (5) Upon the completion of - 
• (i) the racketeering investigation for which any documentary 

material was produced under this chapter, and 

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

the custodian shall return to the person who produced such 

material all such material other than copies thereof made by the 

Attorney General pursuant to this subsection which has not passed 

into the control of any court or grand jury through the 

introduction thereof into the record of such case or proceeding. 

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

under this section for use in any racketeering investigation, and no such 

case or proceeding arising therefrom has been instituted within a 

reasonable time after completion of the examination and analysis of all 

evidence assembled in the course of such investigation, such person shall 

be entitled, upon written demand made upon the Attorney General, to the 

return of all documentary material other than copies thereof made 

pursuant to this subsection so produced by such person. 

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

custodian of any documentary material produced under any demand 

issued under this section or the official relief of such custodian from 

responsibility for the custody and control of such material, the Attorney 

General shall promptly - 

• (i) designate another racketeering investigator to serve as 

custodian thereof, and 

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

material as to the identity and address of the successor so 

designated. Any successor so designated shall have with regard to 

such materials all duties and responsibilities imposed by this 

section upon his predecessor in office with regard thereto, except 

that he shall not be held responsible for any default or dereliction 

which occurred before his designation as custodian. 

• (g) Whenever any person fails to comply with any civil investigative demand duly 

served upon him under this section or whenever satisfactory copying or 

reproduction of any such material cannot be done and such person refuses to 

surrender such material, the Attorney General may file, in the district court of the 

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

transacts business, and serve upon such person a petition for an order of such 

court for the enforcement of this section, except that if such person transacts 

business in more than one such district such petition shall be filed in the district in 

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

district in which such person transacts business as may be agreed upon by the 

parties to such petition. 

• (h) Within twenty days after the service of any such demand upon any person, or 

at any time before the return date specified in the demand, whichever period is 

shorter, such person may file, in the district court of the United States for the 

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

and serve upon such custodian a petition for an order of such court modifying or 
setting aside such demand. The time allowed for compliance with the demand in 

whole or in part as deemed proper and ordered by the court shall not run during 

the pendency of such petition in the court. Such petition shall specify each 

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

upon any failure of such demand to comply with the provisions of this section or 

upon any constitutional or other legal right or privilege of such person. 

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

documentary material delivered by any person in compliance with any such 

demand, such person may file, in the district court of the United States for the 

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

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

performance by such custodian of any duty imposed upon him by this section. 

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

under this section, such court shall have jurisdiction to hear and determine 

the matter so presented, and to enter such order or orders as may be 

required to carry into effect the provisions of this section.