Sec. 1966. Expedition of actions
This very brief section gives the United States priority on the courts docket in civil actions
brought by the Attorney General. Civil dockets by prisoner petioners have precedence as extraordinary writs such as the habeas corpus. Generally all federal civil petitions may be expedited by having both
petioners and respondents agree to have the case heard by a magistrate judge initially than a district
judge.
In any civil
action instituted under this chapter by the United States in any district court of
the United States, the Attorney General may file with the clerk of such court a certificate
stating that in his opinion the case is of general public importance. A copy of that certificate shall be furnished immediately
by such clerk to the chief judge or in his absence to the presiding district
judge of the district in which such action is pending. Upon receipt of such copy, such judge shall designate
immediately a judge of that district to hear and determine action.
Sec. 1967. - Evidence
In
any proceeding ancillary to or in any civil action instituted by the United States under this chapter the proceedings may
be open or closed to the public at the discretion of the court after consideration of the rights of affected persons.
Sec.
1968. - Civil investigative demand
The section deals with what may be construed to as discovery rights as motions for production of material evidence. The code
uses the word demand in (a). Later in (c) (1-2) the Latin subpoena duces tecum is
used to clarify a demand in relation to a grand jury hearing into the investigation.
(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.
(c)
No such demand shall -
(1)
contain any requirement which would be held to be
unreasonable if contained in a subpoena 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 subpoena duces tecum issued
by a court of the United States in aid of a grand jury investigation
of such alleged racketeering violation.
Service of the demand may be made by mail to the person upon who the demand is ordered. The return of
the post office receipt will function as proof of service.
The
Attorney General shall designate a racketeering investigator who shall serve as racketeer document custodian. The production of the materials made shall be to this
officer. Copies of materials may be substituted by agreement of parties. The
racketeer document custodian is in charge of the preparation of these materials
at the order of the Attorney General (3). Only the
Attorney General may inspect the items unless there is consent by the person who deposited the
items. Subsection (4) also designates that any attorney appearing on behalf of the United States shall have access to such
materials.
Subsection (7) (h) permits a person to petition to modify
or set aside the order. In degree a time limit of twenty days is permitted for a show of cause.
After
the termination of all hearings the custodian shall return all the demanded articles to the depositor in a timely manner.
The section gives broad power to the interests of the United States to
request and control material that be part of the construction or documentation of the RICO enterprise.