# Justice Manual § 9-110.210: Authorization of RICO Prosecution—The Review Process

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-110.210

## Section

- **Citation:** Justice Manual § 9-110.210
- **Heading:** Authorization of RICO Prosecution—The Review Process
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-110.000 - Organized Crime And Racketeering / Justice Manual § 9-110.210

## Text

The review and approval function for all RICO matters has been centralized within the Violent Crime and Racketeering Section of the Criminal Division. To commence the review process, the
final
draft of the proposed indictment or information and a RICO prosecution memorandum shall be forwarded to the Violent Crime and Racketeering Section. Separate approval is required for superseding indictments or indictments based upon a previously approved information. Attorneys are encouraged to seek guidance from the Violent Crime and Racketeering Section by telephone prior to the time an investigation is undertaken and well before a final indictment and prosecution memorandum are submitted for review.

RICO reviews are handled on a first-in-first-out basis. Accordingly, the submitting attorney must allocate sufficient lead time to permit review, revision, conferences, and the scheduling of the grand jury.
Unless there is a backlog, 15 working days is usually sufficient.
The review process will not be dispensed with because a grand jury, which is about to expire, has been scheduled to meet to return a RICO indictment. Therefore, submitting attorneys are cautioned to budget their time and to await receipt of approval before scheduling the presentation of the indictment to a grand jury.

If modifications in the indictment are required, they must be made by the submitting attorney before the indictment is returned by the grand jury. Once the modifications have been made and the indictment has been returned, a copy of the indictment filed with the clerk of the court shall be forwarded to Violent Crime and Racketeering Section. If, however, it is determined that the RICO count is inappropriate, the submitting attorney will be advised of the Section's disapproval of the proposed indictment. The submitting attorney may wish to redraft the indictment based upon the Section's review and submit a revised indictment and/or prosecution memorandum at a later date.

[updated January 2020]

## Nearby sections

- [Justice Manual § 9-110.010 Introduction](https://www.frixlaw.com/law-library/statutes/JM_S9-110.010.md)
- [Justice Manual § 9-110.100 Racketeer Influenced and Corrupt Organizations (RICO)](https://www.frixlaw.com/law-library/statutes/JM_S9-110.100.md)
- [Justice Manual § 9-110.101 Division Approval](https://www.frixlaw.com/law-library/statutes/JM_S9-110.101.md)
- [Justice Manual § 9-110.200 RICO Guidelines Preface](https://www.frixlaw.com/law-library/statutes/JM_S9-110.200.md)
- [Justice Manual § 9-110.210 Authorization of RICO Prosecution—The Review Process](https://www.frixlaw.com/law-library/statutes/JM_S9-110.210.md)
- [Justice Manual § 9-110.300 RICO Guidelines Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-110.300.md)
- [Justice Manual § 9-110.310 Considerations Prior to Seeking Indictment](https://www.frixlaw.com/law-library/statutes/JM_S9-110.310.md)
- [Justice Manual § 9-110.320 Approval of Violent Crime and Racketeering Section Necessary](https://www.frixlaw.com/law-library/statutes/JM_S9-110.320.md)
- [Justice Manual § 9-110.330 Charging RICO Counts](https://www.frixlaw.com/law-library/statutes/JM_S9-110.330.md)
- [Justice Manual § 9-110.400 RICO Prosecution (Pros) Memorandum Format](https://www.frixlaw.com/law-library/statutes/JM_S9-110.400.md)
- [Justice Manual § 9-110.800 Violent Crimes in Aid of Racketeering Activity (18 U.S.C. § 1959)](https://www.frixlaw.com/law-library/statutes/JM_S9-110.800.md)
- [Justice Manual § 9-110.801 Violent Crimes in Aid of Racketeering (18 U.S.C. § 1959)—Division Approval](https://www.frixlaw.com/law-library/statutes/JM_S9-110.801.md)
- [Justice Manual § 9-110.802 Violent Crimes in Aid of Racketeering (18 U.S.C. § 1959)—Approval Guidelines](https://www.frixlaw.com/law-library/statutes/JM_S9-110.802.md)
- [Justice Manual § 9-110.811 The Review Process for Authorization under Section 1959](https://www.frixlaw.com/law-library/statutes/JM_S9-110.811.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-110.210. Check the current official text before relying on it. Not legal advice.
