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THE RICO PROSECUTORIAL GUIDELINES. 1 The US Attorneys’ Manual guidelines regarding RICO prosecutions are found in ¶¶ 9-110.010 et seq. (Sept. 1997) 2 . The following is a summary and excerpts of pertinent provisions. The guidelines state that “[n]o RICO criminal indictment or information or civil complaint shall be filed *** without the prior approval of the Criminal Division.” Id . at ¶ 9-110.101. They provide that a RICO charge should be sought only if one or more of the following requirements is present: 1. RICO is necessary to ensure that the indictment adequately reflects the nature and extent of the criminal conduct in a way that prosecution only on the underlying charges would not; 2. A RICO prosecution would provide the basis for an appropriate sentence under all the circumstances of the case in a way that prosecution only on the underlying charges would not; 3. A RICO charge could combine related offenses which would otherwise have to be prosecuted separately in different jurisdictions; 4.
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