Gangs and Gang-Related Youth Violence— Approval/Consultation Requirements

There are no specific notification, consultation, or prior approval requirements that apply exclusively to gang investigations or prosecutions. However, there are some statutes which may be used in many different types of cases, including gang violence cases, which require prior approval, consultation, or notification. They include the following:

RICO

(18 U.S.C. § 1961): Prosecutors must obtain the prior approval of the Criminal Division, Violent Crime and Racketeering Section (OCGS). See

JM 9-110.320

.

Violent Crimes in Aid of Racketeering

(18 U.S.C. § 1959): Prosecutors must obtain the prior approval of the Criminal Division, Violent Crime and Racketeering Section (OCGS). See

JM 9-110.801

.

"Three Strikes"

(18 U.S.C. § 3559(c)): When filing a Three Strikes case, send an Urgent Report to the attention of the Director of the Executive Office for United States Attorneys (EOUSA). The Violent Crime and Racketeering Section is available to assist in handling the issues arising out of the Three Strikes provision. See

JM 9-60.020

for additional information about "Three Strikes."

In a June 19, 1995 memorandum from the Assistant Attorney General, changes were made to the JM relating to notification, consultation and approval requirements. The changes which may arise in the gang context include:

Consultation is no longer required in:

Hobbs Act cases (18 U.S.C. § 1951) in which local prosecutor objects to prosecution

Murder for Hire (18 U.S.C. § 1958) in which local prosecutor objects to prosecution

Criminal Division approval to proceed against juvenile as an adult is no longer required. In place of Department approval, notification to Criminal Division is required prior to filing any motion to transfer to adult proceeding (notify the Violent Crime and Racketeering Section attorneys. See

JM 9-8.000

et seq.

(Juveniles)).

Consultation is no longer required prior to charging defendant with the Continuing Criminal Enterprise (CCE) statute's (21 U.S.C. § 848) mandatory life sentence provision.

[updated January 2020]