Fencing—Prosecution Policy

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DOJ Justice Manual › Title 9: Criminal › 9-61.000 - Crimes Involving Property › Justice Manual § 9-61.400

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

Unless there exists a special need, priority should be given to the prosecution of fences as opposed to the prosecution of thieves. For purposes of this subchapter, "fences" are defined as those who are alleged to have assisted in finding or dealing with more than one buyer for stolen property. Highest priority should be given to the prosecution of fences who operate legitimate businesses and sell stolen property to the public.

When preparing indictments against subjects involved in the redistribution of stolen property particular attention should be given to the provisions of 18 U.S.C. §§ 659, 2312, 2313, 2314, 2315, 2321, and the RICO statute (18 U.S.C. § 1961

et seq.

) where the fence operates through a legitimate business.

[updated January 2020]

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Fencing—Prosecution Policy · Justice Manual § 9-61.400 | Frix