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18 U.S.C. § 1968Civil investigative demand

submitted 56 years ago by Pub. L. 91-452 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 1,553 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the Attorney General demand documents relevant to a racketeering investigation before a civil or criminal case begins. It sets limits on those demands, service and custody rules, enforcement in court, and challenges to a demand.

(a) If the Attorney General has reason to believe that a person or enterprise may possess, hold, or control documents relevant to a racketeering investigation, before a related civil or criminal case begins the Attorney General may issue a written civil investigative demand and serve it on that person. The demand requires the person to produce the documents for examination. (b) Each demand must: (1) state the conduct alleged to violate racketeering law and the applicable legal provision; (2) describe the types of documents clearly enough to identify them fairly; (3) say that the demand is returnable immediately or give a reasonable return date for assembling and making the documents available for inspection and copying or reproduction; and (4) identify the custodian to whom the documents must be made available. (c) A demand may not: (1) require something that would be unreasonable in a federal court subpoena for a grand-jury investigation of the alleged violation; or (2) require evidence protected from disclosure by privilege in such a subpoena. (d) A demand or petition may be served by: (1) delivering an executed copy to a partner, executive officer, managing agent, general agent, authorized process agent, or the individual person; (2) delivering it to the person’s principal office or place of business; or (3) sending it by registered or certified United States mail to that office or place of business. (e) A verified return by the server describing how service was made is initial evidence that service occurred. For registered or certified mail, the return must include the post-office delivery receipt. (f) (1) The Attorney General must designate a racketeering investigator as racketeer document custodian and may designate deputies. (2) A served person must make the documents available to the named custodian for inspection and copying or reproduction at the person’s principal place of business, another written-agreed place, or a place ordered by the court, on the demand’s return date or a later date the custodian sets in writing. By written agreement, originals may be provided instead of copies of all or part of the documents. (3) The custodian takes physical possession and is responsible for use and return under this chapter. Under Attorney General regulations, the custodian may make official-use copies. Without the producer’s consent, while the custodian has them no one other than the Attorney General may examine them. Under reasonable terms set by the Attorney General, the producer or authorized representatives may examine them. (4) Whenever any attorney has been designated to appear on behalf of the United States before any court or grand jury in a case involving an alleged violation, the custodian may give that attorney documents the attorney decides are needed. When the case ends, the attorney must return withdrawn documents that did not enter the court’s or grand jury’s control through the record. (5) When the investigation and any resulting case or proceeding are complete, the custodian must return all documents not placed under a court or grand jury’s control, except Attorney General copies. (6) If no resulting case or proceeding is brought within a reasonable time after examination and analysis finish, the producer may demand in writing that the Attorney General return the documents, except copies. (7) If the custodian dies, becomes disabled, leaves service, or is relieved of custody, the Attorney General must promptly designate another investigator and notify the producer in writing of the successor’s identity and address. The successor has the predecessor’s duties but is not responsible for an earlier default. (g) If a person does not comply, or satisfactory copying cannot be done and the person refuses to surrender the documents, the Attorney General may file and serve a petition for enforcement in the federal district where the person resides, is found, or does business. If the person does business in more than one such district, the petition goes in the district of the principal office, unless the parties agree on another such district. (h) Within 20 days after service, or before the demand’s return date if sooner, the person may file and serve a petition asking the proper federal district court to modify or set aside the demand. Court-ordered time to comply does not run while the petition is pending. The petition must state each ground and may rely on noncompliance with this section or any constitutional, legal, or privileged right. (i) While a custodian controls delivered documents, the producer may petition the federal district court where the custodian’s office is located to order the custodian to perform a duty under this section. (j) A federal district court receiving a petition under this section has jurisdiction to decide it and enter orders needed to carry out this section.
the actual law source: uscode.house.gov ↗public domain
(a)

Whenever the Attorney General has reason to believe that any person or enterprise may be in possession, custody, or control of any documentary materials relevant to a racketeering investigation, he may, prior to the institution of a civil or criminal proceeding thereon, issue in writing, and cause to be served upon such person, a civil investigative demand requiring such person to produce such material for examination.

(b)

Each such demand shall—

(1)

state the nature of the conduct constituting the alleged racketeering violation which is under investigation and the provision of law applicable thereto;

(2)

describe the class or classes of documentary material produced thereunder with such definiteness and certainty as to permit such material to be fairly identified;

(3)

state that the demand is returnable forthwith or prescribe a return date which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproduction; and

(4)

identify the custodian to whom such material shall be made available.

(c)

No such demand shall—

(1)

contain any requirement which would be held to be unreasonable if contained in a subpena duces tecum issued by a court of the United States in aid of a grand jury investigation of such alleged racketeering violation; or

(2)

require the production of any documentary evidence which would be privileged from disclosure if demanded by a subpena duces tecum issued by a court of the United States in aid of a grand jury investigation of such alleged racketeering violation.

(d)

Service of any such demand or any petition filed under this section may be made upon a person by—

(1)

delivering a duly executed copy thereof to any partner, executive officer, managing agent, or general agent thereof, or to any agent thereof authorized by appointment or by law to receive service of process on behalf of such person, or upon any individual person;

(2)

delivering a duly executed copy thereof to the principal office or place of business of the person to be served; or

(3)

depositing such copy in the United States mail, by registered or certified mail duly addressed to such person at its principal office or place of business.

(e)

A verified return by the individual serving any such demand or petition setting forth the manner of such service shall be prima facie proof of such service. In the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such demand.

(f)
(1)

The Attorney General shall designate a racketeering investigator to serve as racketeer document custodian, and such additional rack­eteering investigators as he shall determine from time to time to be necessary to serve as deputies to such officer.

(2)

Any person upon whom any demand issued under this section has been duly served shall make such material available for inspection and copying or reproduction to the custodian designated therein at the principal place of business of such person, or at such other place as such custodian and such person thereafter may agree and prescribe in writing or as the court may direct, pursuant to this section on the return date specified in such demand, or on such later date as such custodian may prescribe in writing. Such person may upon written agreement between such person and the custodian substitute for copies of all or any part of such material originals thereof.

(3)

The custodian to whom any documentary material is so delivered shall take physical possession thereof, and shall be responsible for the use made thereof and for the return thereof pursuant to this chapter. The custodian may cause the preparation of such copies of such documentary material as may be required for official use under regulations which shall be promulgated by the Attorney General. While in the possession of the custodian, no material so produced shall be available for examination, without the consent of the person who produced such material, by any individual other than the Attorney General. Under such reasonable terms and conditions as the Attorney General shall prescribe, documentary material while in the possession of the custodian shall be available for examination by the person who produced such material or any duly authorized representatives of such person.

(4)

Whenever any attorney has been designated to appear on behalf of the United States before any court or grand jury in any case or proceeding involving any alleged violation of this chapter, the custodian may deliver to such attorney such documentary material in the possession of the custodian as such attorney determines to be required for use in the presentation of such case or proceeding on behalf of the United States. Upon the conclusion of any such case or proceeding, such attorney shall return to the custodian any documentary material so withdrawn which has not passed into the control of such court or grand jury through the introduction thereof into the record of such case or proceeding.

(5)

Upon the completion of—

(i)

the racketeering investigation for which any documentary material was produced under this chapter, and

(ii)

any case or proceeding arising from such investigation, the custodian shall return to the person who produced such material all such material other than copies thereof made by the Attorney General pursuant to this subsection which has not passed into the control of any court or grand jury through the introduction thereof into the record of such case or proceeding.

(6)

When any documentary material has been produced by any person under this section for use in any racketeering investigation, and no such case or proceeding arising therefrom has been instituted within a reasonable time after completion of the examination and analysis of all evidence assembled in the course of such investigation, such person shall be entitled, upon written demand made upon the Attorney General, to the return of all documentary material other than copies thereof made pursuant to this subsection so produced by such person.

(7)

In the event of the death, disability, or separation from service of the custodian of any documentary material produced under any demand issued under this section or the official relief of such custodian from responsibility for the custody and control of such material, the Attorney General shall promptly—

(i)

designate another racketeering investigator to serve as custodian thereof, and

(ii)

transmit notice in writing to the person who produced such material as to the identity and address of the successor so designated.

Any successor so designated shall have with regard to such materials all duties and responsibilities imposed by this section upon his predecessor in office with regard thereto, except that he shall not be held responsible for any default or dereliction which occurred before his designation as custodian.

(g)

Whenever any person fails to comply with any civil investigative demand duly served upon him under this section or whenever satisfactory copying or reproduction of any such material cannot be done and such person refuses to surrender such material, the Attorney General may file, in the district court of the United States for any judicial district in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of this section, except that if such person transacts business in more than one such district such petition shall be filed in the district in which such person maintains his principal place of business, or in such other district in which such person transacts business as may be agreed upon by the parties to such petition.

(h)

Within twenty days after the service of any such demand upon any person, or at any time before the return date specified in the demand, whichever period is shorter, such person may file, in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, and serve upon such custodian a petition for an order of such court modifying or setting aside such demand. The time allowed for compliance with the demand in whole or in part as deemed proper and ordered by the court shall not run during the pendency of such petition in the court. Such petition shall specify each ground upon which the petitioner relies in seeking such relief, and may be based upon any failure of such demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of such person.

(i)

At any time during which any custodian is in custody or control of any documentary material delivered by any person in compliance with any such demand, such person may file, in the district court of the United States for the judicial district within which the office of such custodian is situated, and serve upon such custodian a petition for an order of such court requiring the performance by such custodian of any duty imposed upon him by this section.

(j)

Whenever any petition is filed in any district court of the United States under this section, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry into effect the provisions of this section.

Source credit: (Added Pub. L. 91–452, title IX, § 901(a), Oct. 15, 1970, 84 Stat. 944.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-452 · 84 Stat. 944

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-452 on 1970-10-15.

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