The prosecution memorandum should generally conform to the standards outlined for RICO prosecutions. Before the formal review process begins, prosecuting attorneys are encouraged to consult by telephone the Organized Crime and Gang Section in order to obtain preliminary guidance and suggestions.Įvery request for approval of a proposed prosecution under section 1959 must be accompanied by a final draft of a proposed indictment and by a thorough prosecution memorandum. To commence the formal review process, submit a final draft of the proposed indictment and a prosecution memorandum to the Organized Crime and Gang Section. The review process for authorization of prosecutions under Section 1959 is similar to that for RICO prosecutions under 18 U.S.C. Attorneys are encouraged to seek guidance from the Organized Crime and Gang Section by telephone prior to the time an investigation is undertaken and well before a final indictment and prosecution memorandum are submitted for review. Separate approval is required for superseding indictments or indictments based upon a previously approved information. To commence the review process, the final draft of the proposed indictment or information and a RICO prosecution memorandum shall be forwarded to the Organized Crime and Gang Section. The review and approval function for all RICO matters has been centralized within the Organized Crime and Gang Section of the Criminal Division.
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