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Section 1964-1965

Sec. 1964. Civil remedies

      This section defines jurisdiction in regards to the United States, Attorney General, permits any injured party to sue for threefold damages, and declares that a final judgment or decree in favor of the United States will estop the defendant from denying any criminal allegations in a subsequent civil action brought by the United States.

(a)

The district courts of the United States shall have jurisdiction to prevent and restrain violations of section 1962 of this chapter by issuing appropriate orders, including, but not limited to: ordering any person to divest himself of any interest, direct or indirect, in any enterprise; imposing reasonable restrictions on the future activities or investments of any person, including, but not limited to, prohibiting any person from engaging in the same type of endeavor as the enterprise engaged in, the activities of which affect interstate or foreign commerce; or ordering dissolution or reorganization of any enterprise, making due provision for the rights of innocent persons.

(b)

The Attorney General may institute proceedings under this section. Pending final determination thereof, the court may at any time enter such restraining orders or prohibitions, or take such other actions, including the acceptance of satisfactory performance bonds as it shall deem proper. 

Sec. 196Venue and process

 

 

                               This section prescribes that a civil action is brought correctly under the courts in personem jurisdiction based on the following grounds:

(a)

Any civil action or proceeding under this chapter against any person may be instituted in the district court of the United States for any district in which such person resides, is found, has an agent, or transacts his affairs.

(b)

In any action under section 1964 of this chapter in any district court of the United States in which it is shown that the ends of justice require that other parties residing in any other district be brought before the court, the court may cause such parties to be summoned, and process for that purpose may be served in any judicial district of the United States by the marshal thereof.

       Subpoenas issued by the court to compel attendance of witnesses may be served in any other district. Subsection (c) states any service upon a person who resides over one hundred miles away in another district from where the court is held needs special approval from a judge with good cause. In subsection (d) it is stated that all other processes or proceedings held under this chapter are correctly served upon any person regardless of the judicial district of residence.