The Prosecutor's Toolbox: Investigating and Prosecuting Organized Crime in the United States
Posted: 29 Feb 2008
Date Written: July 2006
Abstract
Investigating and prosecuting organized crime requires effective legal tools. A successful investigation depends to a large extent in maintaining the secrecy of the investigation as much as possible. Some investigative tools, such as electronic surveillance, can generally be used without disclosing even the existence of an investigation. Although other tools, such as grand jury subpoenas and search warrants, may reveal law enforcement's interest in a particular person or place, a carefully coordinated investigative strategy can minimize the extent to which their use impedes an ongoing probe. From the viewpoint of substantive law, some of the most important tools in prosecuting organized crime are the racketeering laws, which enable authorities to charge numerous members for participating in a collective criminal enterprise, even where they do not join in some of the particular criminal episodes in which other members engage. Also important are money laundering laws, which enable the state to restrict the flow of money that forms the lifeblood of criminal organizations.
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