18 U.S.C. § 1968 : US Code - Section 1968: Civil investigative demand

Search 18 U.S.C. § 1968 : US Code - Section 1968: Civil investigative demand

(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.