In this section of the prosecution memo the submitting attorney must explain how the facts in this case relate to the RICO Guidelines. The submitting attorney must do more than restate the guidelines in a conclusory fashion; he/she must explain "why" RICO is appropriate. In addition, the RICO Guidelines must be read as a whole. In other words, to be approved, a proposed RICO must not only evidence those principles which justify RICO's use, but also must not be contrary to those principles which weigh against its use. For example, where a proposed RICO prosecution would be prohibited under one guideline, prosecution will not necessarily be authorized simply because it fits within one of the other guidelines.
Updated December 18, 2015