Bill, save it. Its not a game of semantics. She's absolutely correct. Get a grip.
...Information warranting initiation of a terrorism enterprise investigation may be obtained during the course of a general crimes inquiry or investigation, a racketeering enterprise investigation, or an investigation under other Attorney General guidelines. Conversely, a terrorism enterprise investigation may yield information warranting a general crimes inquiry or investigation, a racketeering enterprise investigation, or an investigation under other Attorney General guidelines. .
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...Information warranting initiation of a terrorism enterprise investigation may be obtained during the course of a general crimes inquiry or investigation, a racketeering enterprise investigation, or an investigation under other Attorney General guidelines.
...Information warranting initiation of a terrorism enterprise investigation may be obtained during the course of a general crimes inquiry or investigation, a racketeering enterprise investigation, or an investigation under other Attorney General guidelines.
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The Attorney General’s Guidelines On General Crimes, Racketeering Enterprise And Terrorism Enterprise Investigations
III. CRIMINAL INTELLIGENCE INVESTIGATIONS
This section authorizes the FBI to conduct criminal intelligence investigations of certain enterprises. These investigations differ from general crimes investigations, authorized by Section II, in several important respects. As a general rule, an investigation of a completed criminal act is normally confined to determining who committed that act and securing evidence to establish the elements of the particular offense. It is, in this respect, self-defining. An intelligence investigation of an ongoing criminal enterprise must determine the size and composition of the group involved, its geographic dimensions, its past acts and intended criminal goals, and its capacity for harm. While a standard criminal investigation terminates with the decision to prosecute or not to prosecute, the investigation of a criminal enterprise does not necessarily end, even though one or more of the participants may have been prosecuted.
In addition, the organization provides a life and continuity of operation that are not normally found in a regular criminal activity. As a consequence, these investigations may continue for several years. Furthermore, the focus of such investigations “may be less precise than that directed against more conventional types of crime.” United States v. United States District Court, 407 U.S. 297, 322 (1972). Unlike the usual criminal case, there may be no completed offense to provide a framework for the investigation. It often requires the fitting together of bits and pieces of information, many meaningless by themselves, to determine whether a pattern of criminal activity exists. For this reason, the investigation is broader and less discriminate than usual, involving “the interrelation of various sources and types of information.” Id.
Members of groups or organizations acting in concert to violate the law present a grave threat to society. An investigation of organizational activity, however, may present special problems particularly where it deals with politically motivated acts. There is “often . . . a convergence of First and Fourth Amendment values” in such matters that is “not present in cases of ‘ordinary’ crime.” Id. at 313. Thus special care must be exercised in sorting out protected activities from those which may lead to violence or serious disruption of society. As a consequence, the guidelines establish safeguards for group investigations of special sensitivity, including tighter management controls and higher levels of review.
A. RACKETEERING ENTERPRISE INVESTIGATIONS
This section focuses on investigations of organized crime. It is concerned with the investigation of entire enterprises, rather than just individual participants and specific criminal acts, and authorizes investigations to determine the structure and scope of the enterprise as well as the relationship of the members.
1. Definition
Racketeering activity is any offense, including a violation of state law, encompassed by the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961(1).
2. General Authority
a. A racketeering enterprise investigation may be initiated when facts or circumstances reasonably indicate that two or more persons are engaged in a pattern of racketeering activity as defined in the RICO statute, 18 U.S.C. 1961(5). However, if the pattern of racketeering activity involves an offense or offenses described in 18 U.S.C. 2332b(g)(5)(B), the investigation shall be deemed a terrorism enterprise investigation and shall be subject to the standards and procedures of Subpart B of this Part in lieu of those set forth in this Subpart. The standard of “reasonable indication” is identical to that governing the initiation of a general crimes investigation under Part II.
b. Authority to conduct racketeering enterprise investigations is in addition to general crimes investigative authority under Part II, terrorism enterprise investigative authority under Subpart B of this Part, and activities under other Attorney General guidelines addressing such matters as investigations and information collection relating to international terrorism, foreign counterintelligence, or foreign intelligence. Information warranting initiation of a racketeering enterprise investigation may be obtained during the course of a general crimes inquiry or investigation, a terrorism enterprise investigation, or an investigation under other Attorney General guidelines. Conversely, a racketeering enterprise investigation may yield information warranting a general crimes inquiry or investigation, a terrorism enterprise investigation, or an investigation under other Attorney General guidelines.
3. Purpose
The immediate purpose of a racketeering enterprise investigation is to obtain information concerning the nature and structure of the enterprise, as specifically delineated in paragraph (4) below, with a view to the longer range objective of detection, prevention, and prosecution of the criminal activities of the enterprise.
4. Scope
a. A racketeering enterprise investigation properly initiated under these guidelines may collect such information as:
(i) the members of the enterprise and other persons likely to be knowingly acting in the furtherance of racketeering activity, provided that the information concerns such persons’ activities on behalf of or in furtherance of the enterprise;
(ii) the finances of the enterprise;
(iii) the geographical dimensions of the enterprise; and
(iv) the past and future activities and goals of the enterprise.
b. In obtaining the foregoing information, any lawful investigative technique may be used, in accordance with the requirements of Part IV.
5. Authorization and Renewal
a. A racketeering enterprise investigation may be authorized by the Special Agent in Charge, with notification to FBIHQ, upon a written recommendation setting forth the facts and circumstances reasonably indicating that the standard of paragraph (2)(a) is satisfied.
b. The FBI shall notify the Organized Crime and Racketeering Section of the Criminal Division and any affected United States Attorney’s office of the opening of a racketeering enterprise investigation. On receipt of such notice, the Organized Crime and Racketeering Section shall immediately notify the Attorney General and the Deputy Attorney General. In all racketeering enterprise investigations, the Chief of the Organized Crime
and Racketeering Section may, as he or she deems necessary, request theFBI to provide a report on the status of the investigation.
c. A racketeering enterprise investigation may be initially authorized for a period of up to a year. An investigation may be continued upon renewed authorization for additional periods each not to exceed a year. Renewal authorization shall be obtained from the SAC with notification to FBIHQ. The FBI shall notify the Organized Crime and Racketeering Section of any renewal, and the Organized Crime and Racketeering Section shall immediately notify the Attorney General and the Deputy Attorney General.
d. Investigations shall be reviewed by the SAC on or before the expiration of the period for which the investigation and each renewal thereof is authorized.
e. An investigation which has been terminated may be reopened upon a showing of the same standard and pursuant to the same procedures as required for initiation of an investigation.
f. In addition to the authority of Special Agents in Charge under this paragraph, the Director of the FBI, and any Assistant Director or senior Headquarters official designated by the Director, may authorize, renew, review, and reopen racketeering enterprise investigations in conformity with the standards of this paragraph.
B. TERRORISM ENTERPRISE INVESTIGATIONS
This section focuses on investigations of enterprises that seek to further political or social goals through activities that involve force or violence, or that otherwise aim to engage in terrorism or terrorism-related crimes. Like the section addressing racketeering enterprise investigations, it is concerned with the investigation of entire enterprises, rather than just individual participants and specific criminal acts, and authorizes investigations to determine the structure and scope of the enterprise as well as the relationship of the members.
1. General Authority
a. A terrorism enterprise investigation may be initiated when facts or circumstances reasonably indicate that two or more persons are engaged in an enterprise for the purpose of:
(i) furthering political or social goals wholly or in part through activities that involve force or violence and a violation of federal criminal law,
(ii) engaging in terrorism as defined in 18 U.S.C. 2331(1) or (5) that involves a violation of federal criminal law, or
(iii) committing any offense described in 18 U.S.C. 2332b(g)(5)(B).
A terrorism enterprise investigation may also be initiated when facts or circumstances reasonably indicate that two or more persons are engaged in a pattern of racketeering activity as defined in the RICO statute, 18 U.S.C. 1961(5), that involves an offense or offenses described in 18 U.S.C. 2332b(g)(5)(B). The standard of “reasonable indication” is identical to that governing the initiation of a general crimes investigation under Part II. In determining whether an investigation should be conducted, the FBI shall consider all of the circumstances including: (i) the magnitude of the threatened harm; (ii) the likelihood it will occur; (iii) the immediacy of the threat; and (iv) any danger to privacy or free expression posed by an investigation.
b. Authority to conduct terrorism enterprise investigations is in addition to general crimes investigative authority under Part II, racketeering enterprise investigative authority under Subpart A of this Part, and activities under other Attorney General guidelines addressing such matters as investigations and information collection relating to international terrorism, foreign counterintelligence, or foreign intelligence. Information warranting initiation of a terrorism enterprise investigation may be obtained during the course of a general crimes inquiry or investigation, a racketeering enterprise investigation, or an investigation under other Attorney General guidelines. Conversely, a terrorism enterprise investigation may yield information warranting a general crimes inquiry or investigation, a racketeering enterprise investigation, or an investigation under other Attorney General guidelines.
c. Mere speculation that force or violence might occur during the course of an otherwise peaceable demonstration is not sufficient grounds for initiation of an investigation under this Subpart, but where facts or circumstances reasonably indicate that a group or enterprise has engaged or aims to engage in activities involving force or violence or other criminal conduct described in paragraph (1)(a) in a demonstration, an investigation may be initiated in conformity with the standards of that paragraph. For alternative authorities see Part II relating to General Crimes Investigations and the Attorney General’s Guidelines on Reporting on Civil Disorders and Demonstrations Involving a Federal Interest. This does not limit the collection of information about public demonstrations by enterprises that are under active investigation pursuant to paragraph (1)(a) above.
2. Purpose
The immediate purpose of a terrorism enterprise investigation is to obtain information concerning the nature and structure of the enterprise as specifically delineated in paragraph (3) below, with a view to the longer range objectives of detection, prevention, and prosecution of the criminal activities of the enterprise.
3. Scope
a. A terrorism enterprise investigation initiated under these guidelines may collect such information as:
(i) the members of the enterprise and other persons likely to be knowingly acting in furtherance of its criminal objectives, provided that the information concerns such persons’ activities on behalf of or in furtherance of the enterprise;
(ii) the finances of the enterprise;
(iii) the geographical dimensions of the enterprise; and
(iv) past and future activities and goals of the enterprise.
b. In obtaining the foregoing information, any lawful investigative technique may be used, in accordance with the requirements of Part IV.
4. Authorization and Renewal
a. A terrorism enterprise investigation may be authorized by the Special Agent in Charge, with notification to FBIHQ, upon a written recommendation setting forth the facts or circumstances reasonably indicating the existence of an enterprise as described in paragraph (1)(a). The FBI shall notify the Terrorism and Violent Crime Section of the Criminal Division, the Office of Intelligence Policy and Review, and any affected United States Attorney’s office of the opening of a terrorism enterprise investigation. On receipt of such notice, the Terrorism and Violent Crime Section shall immediately notify the Attorney General and the Deputy Attorney General. In all such investigations, the Chief of the Terrorism and Violent Crime Section may, as he or she deems necessary, request the FBI to provide a report on the status of the investigation.
b. A terrorism enterprise investigation may be initially authorized for a period of up to a year. An investigation may be continued upon renewed authorization for additional periods each not to exceed a year. Renewal authorization shall be obtained from the SAC with notification to FBIHQ. The FBI shall notify the Terrorism and Violent Crime Section and the Office of Intelligence Policy and Review of any renewal, and the Terrorism and Violent Crime Section shall immediately notify the Attorney General and the Deputy Attorney General.
c. Investigations shall be reviewed by the SAC on or before the expiration of the period for which the investigation and each renewal thereof is authorized. In some cases, the enterprise may meet the threshold standard but be temporarily inactive in the sense that it has not engaged in recent acts of violence or other criminal activities as described in paragraph (1)(a), nor is there any immediate threat of harm – yet the composition, goals and prior history of the group suggest the need for continuing federal interest. The investigation may be continued in such cases with whatever scope is warranted in light of these considerations.
d. An investigation which has been terminated may be reopened upon a showing of the same standard and pursuant to the same procedures as required for initiation of an investigation.
e. In addition to the authority of Special Agents in Charge under this paragraph, the Director of the FBI, and any Assistant Director or senior Headquarters official designated by the Director, may authorize, renew, review, and reopen terrorism enterprise investigations in conformity with the standards of this paragraph.
f. The FBI shall report to the Terrorism and Violent Crime Section of the Criminal Division and the Office of Intelligence Policy and Review the progress of a terrorism enterprise investigation not later than 180 days after its initiation, and the results at the end of each year the investigation continues. The Terrorism and Violent Crime Section shall immediately transmit copies of these reports to the Attorney General and the Deputy Attorney General. |
