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2070

Considerations Prior to Seeking Indictment -- Commentary

All-encompassing examples are difficult, if not impossible, to formulate when discussing RICO; the following examples are offered by way of illustration only; and are not intended to be exclusive:

  1. When a diversified course of criminal conduct involving division of labor and functional responsibilities exists, for which other conspiracy statutes are inadequate, charging a RICO conspiracy may be appropriate;

  2. When the course of criminal conduct has aspects which aggravate the seriousness of the crime (including prior criminal activity by a RICO defendant) which realistically can be foreseen as grounds for the sentencing judge imposing a heavier sentence under RICO than for the underlying acts, a RICO count may be appropriate;

  3. When, subject to all of the guidelines, an essential portion of the evidence of the criminal conduct in a pattern of racketeering activity can be shown to be admissible only under RICO, and not under other evidentiary theories (such as prior similar acts, continuing crime or conspiracy), a RICO count may be appropriate; and

  4. When a substantial prosecution interest will be served by forfeiting an individual's interest in or source of influence over the enterprise which the individual has acquired, maintained, operated or conducted in violation of 18 U.S.C. § 1962, RICO may be appropriate.

[cited in USAM 9-110.310]