Considerations Prior to Seeking Indictment

Except as hereafter provided, a government attorney should seek approval for a RICO charge only if one or more of the following requirements is present:

RICO is necessary to ensure that the indictment adequately reflects the nature and extent of the criminal conduct involved in a way that prosecution only on the underlying charges would not;

A RICO prosecution would provide the basis for an appropriate sentence under all the circumstances of the case in a way that prosecution only on the underlying charges would not;

A RICO charge could combine related offenses which would otherwise have to be prosecuted separately in different jurisdictions;

RICO is necessary for a successful prosecution of the government's case against the defendant or a codefendant;

Use of RICO would provide a reasonable expectation of forfeiture which is proportionate to the underlying criminal conduct;

The case consists of violations of State law, but local law enforcement officials are unlikely or unable to successfully prosecute the case, in which the federal government has a significant interest;

The case consists of violations of State law, but involves prosecution of significant or government individuals, which may pose special problems for the local prosecutor.

The last two requirements reflect the principle that the prosecution of state crimes is primarily the responsibility of state authorities. RICO should be used to prosecute what are essentially violations of state law only if there is a compelling reason to do so.

[updated January 2020]