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Politics : View from the Center and Left

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To: Cautious_Optimist who wrote (481102)10/9/2021 1:35:32 AM
From: cosmicforce1 Recommendation

Recommended By
stsimon

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One of the cool things is that RICO extends the statute of limitations every time another act of the conspiracy is conducted or discussed. The last administration mothballed the RICO prosecution manual - but it is probably still valid in 95% of the situations. It is likely a number of RICO actors have talked about this as recently as six to 12 months ago, and probably even more recently. They might die of age, illness, stress or in jail. Any of those would be acceptable as long as disgorgement were to follow.

justice.gov

Page 125
If more than two acts constitute the pattern, it is permissible to have a time span longer than ten years between the first and last racketeering acts as long as the last racketeering act is within ten years of the prior racketeering act.

Page 453

The general federal five-year limitations period (18 U.S.C. § 3282) is applicable to RICO prosecutions under each of the subsections of 18 U.S.C. § 1962.488 Thus, for example, in a substantive RICO charge under Section 1962(c), each defendant must have committed at least one act of racketeering within five years of the date of the indictment. However, pursuant to 18 U.S.C. § 3293, a ten-year statute of limitations applies to RICO charges where the racketeering activity involves a violation of 18 U.S.C. § 1344 -- bank fraud. If there is more than one defendant in the case, the statute of limitations must be satisfied as to each defendant charged under RICO.
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