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The Prosecutor's Toolbox: Investigating and Prosecuting Organized Crime in the United States
Authors:Nardini   William J.
Affiliation:* Assistant United States Attorney, United States Department of Justice; Visiting Clinical Lecturer in Law, Yale Law School. B.A. 1990, Georgetown University. J.D. 1994, Yale Law School. LL.M. 1998, European University Institute. The views expressed in this article are the author's own and do not necessarily reflect those of the Justice Department.
Abstract:Investigating and prosecuting organized crime requires effectivelegal tools. A successful investigation depends to a large extentin maintaining the secrecy of the investigation as much as possible.Some investigative tools, such as electronic surveillance, cangenerally be used without disclosing even the existence of aninvestigation. Although other tools, such as grand jury subpoenasand search warrants, may reveal law enforcement's interest ina particular person or place, a carefully coordinated investigativestrategy can minimize the extent to which their use impedesan ongoing probe. From the viewpoint of substantive law, someof the most important tools in prosecuting organized crime arethe racketeering laws, which enable authorities to charge numerousmembers for participating in a collective criminal enterprise,even where they do not join in some of the particular criminalepisodes in which other members engage. Also important are moneylaundering laws, which enable the state to restrict the flowof money that forms the lifeblood of criminal organizations.
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