CRIMINAL RICO : 18 U.S.C. §§ 1961-1968 (A Manual for Federal Prosecutors) PDF Download
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Author: U.S. Department of Justice
Publisher: Lulu.com
ISBN: 1304052966
Category : Education
Languages : en
Pages : 552
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Book Description
This manual is intended to assist federal prosecutors in the preparation and litigation of cases involving the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 1968. Prosecutors are encouraged to contact the Organized Crime and Racketeering Section (OCRS) early in the preparation of their case for advice and assistance. All pleadings alleging a violation of RICO, including indictments, informations, and criminal and civil complaints, must be submitted to OCRS for review and approval before being filed with the court. Also, all pleadings alleging forfeiture under RICO, as well as pleadings relating to an application for a temporary restraining order pursuant to RICO, must be submitted to OCRS for review and approval prior to filing. Prosecutors must submit to OCRS a prosecution memorandum and a draft of the pleadings to be filed with the court in order to initiate the Criminal Division approval process.
Author: U.S. Department of Justice
Publisher: Lulu.com
ISBN: 1304052966
Category : Education
Languages : en
Pages : 552
Get Book Here
Book Description
This manual is intended to assist federal prosecutors in the preparation and litigation of cases involving the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 1968. Prosecutors are encouraged to contact the Organized Crime and Racketeering Section (OCRS) early in the preparation of their case for advice and assistance. All pleadings alleging a violation of RICO, including indictments, informations, and criminal and civil complaints, must be submitted to OCRS for review and approval before being filed with the court. Also, all pleadings alleging forfeiture under RICO, as well as pleadings relating to an application for a temporary restraining order pursuant to RICO, must be submitted to OCRS for review and approval prior to filing. Prosecutors must submit to OCRS a prosecution memorandum and a draft of the pleadings to be filed with the court in order to initiate the Criminal Division approval process.
Author:
Publisher:
ISBN:
Category : Corporation law
Languages : en
Pages : 535
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Book Description
Author: U. S. Department U.S. Department of Justice
Publisher: Createspace Independent Publishing Platform
ISBN: 9781542477079
Category :
Languages : en
Pages : 554
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Book Description
This manual is intended to assist federal prosecutors in the preparation and litigation of cases involving the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. �� 1961-1968. Prosecutors are encouraged to contact the Organized Crime and Gang Section (OCGS) early in the preparation of their case for advice and assistance.
Author: U. S. Department of Justice
Publisher:
ISBN: 9781716590740
Category : Law
Languages : en
Pages : 558
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Book Description
This manual is intended to assist federal prosecutors in the preparation and litigation of cases involving the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-1968. Prosecutors are encouraged to contact the Organized Crime and Gang Section (OCGS) early in the preparation of their case for advice and assistance. All pleadings alleging a violation of RICO, including indictments, informations, and criminal and civil complaints, must be submitted to OCGS for review and approval before being filed with the court. Also, all pleadings alleging forfeiture under RICO, as well as pleadings relating to an application for a temporary restraining order pursuant to RICO, must be submitted to OCGS for review and approval prior to filing. Prosecutors must submit to OCGS a prosecution memorandum and a draft of the pleadings to be filed with the court in order to initiate the Criminal Division approval process. The submission should be approved by the prosecutor's office before being submitted to OCGS. Due to the volume of submissions received by OCGS, the prosecutor should submit the proposal three weeks prior to the date final approval is needed. Prosecutors should contact OCGS regarding the status of the proposed submission before finally scheduling arrests or other time-sensitive actions relating to the submission. Prosecutors should refrain from finalizing any guilty plea agreement containing a RICO- related charge until final approval has been obtained from OCGS. Moreover, once OCGS approval has been obtained and RICO charges have been instituted, dismissal of any of those charges, or any plea that allows a defendant to avoid responsibility for the most serious racketeering activity in the indictment, must also be approved by OCGS before the charges are dismissed or reduced in seriousness. This requirement for approval includes the dismissal or reduction of such charges as part of or pursuant to a plea agreement with any defendant. Approval for such dismissal or reduction should be obtained from OCGS before the plea offer including such dismissal or reduction is presented to a defendant. The policies and procedures set forth in this manual and elsewhere relating to RICO are internal Department of Justice policies and guidance only. They are not intended to, do not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal.
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720
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Book Description
Author: Frank M. Marine
Publisher:
ISBN:
Category : Civil RICO actions
Languages : en
Pages : 612
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Book Description
Author: David B. Smith
Publisher:
ISBN: 9780820515274
Category : Civil procedure
Languages : en
Pages :
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Book Description
Author: Emmanuel Nartey
Publisher: Cambridge Scholars Publishing
ISBN: 1527575756
Category : Law
Languages : en
Pages : 483
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Book Description
This volume identifies a coherent legal principle in order to establish a novel duty of care for corporate human rights violations and environmental damages. It examines whether tort and civil law offer better accountability and remedies for victims of corporate human rights abuses, and carries out an in-depth and critical analysis of the concept of corporate accountability. Moreover, a fundamental part of this book is devoted to examining the extent to which international criminal law influences international human rights law in its use of tort law and civil law remedies. Finally, the book sets out a theoretical mechanism for duty of care, as well as a proposal for the establishment of a ‘Hybrid International Transnational Corporation Court’ that would have the potential to effectively interpret the concept of the corporate duty of care under tort law.
Author: Orin S. Kerr
Publisher:
ISBN:
Category : Computer crimes
Languages : en
Pages : 284
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Book Description
Author: Emmanuel K. Nartey
Publisher: Cambridge Scholars Publishing
ISBN: 1527582175
Category : Law
Languages : en
Pages : 335
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Book Description
This second volume examines laws relating to the civil liabilities of corporations and states in connection with torts or other breaches of international law and human rights law. It illustrates how particular legal principles or rules can be applied or developed to promote corporate accountability, with legal duties that arise under tort law or statutory law. Businesses operate within particular legal regulatory regimes and also within the framework of obligations imposed in tort law. Such laws aim to shape or constrain behaviour for the protection of others in society. There are also environmental protection laws which aim to prevent the release of noxious or hazardous substances, and occupational health and safety laws for the protection of employees. The law of negligence in tort imposes general obligations on persons to take reasonable care to prevent harm to others in circumstances where there is a duty of care. Companies, as legal persons, are required to comply with such legal obligations. The book looks at the role of courts in upholding human rights obligations and providing a forum to resolve corporate human rights abuses issues. If the state does not regulate a specific issue of corporate human rights violations, then the court will address any lacuna in the domestic law by having recourse to (I) rules of international law; (II) general principles of international human rights law; (III) general principles of human rights law common to the major legal systems of the world; (IV) general principles of law that is in agreement with the fundamental requirements of rule of law, and the protection of human dignity and justice; and (V) the general principle of a duty of care (tort of negligence). The book will help lawyers, scholars, and students to see how corporate human rights violations can involve multiple legal principles.
