§ 1968. — Civil investigative demand.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1968]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
Sec. 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.
(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84 Stat.
944.)
Section Referred to in Other Sections
This section is referred to in title 12 section 1833a.
