18 U.S.C. § 1968 — Civil investigative demand

Page 492 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1966 nesses may be served in any other judicial dis- trict, except that in any civil action or pro- ceeding no such subpena shall be issued for serv- ice upon any individual who resides in another district at a place more than one hundred miles from the place at which such court is held with- out approval given by a judge of such court upon a showing of good cause. (d) All other process in any action or pro- ceeding under this chapter may be served on any person in any judicial district in which such per- son resides, is found, has an agent, or transacts his affairs. (Added Pub. L. 91–452, title IX, § 901(a), Oct. 15, 1970, 84 Stat. 944.) § 1966. Expedition of actions In any civil action instituted under this chap- ter 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 ac- tion is pending. Upon receipt of such copy, such judge shall designate immediately a judge of that district to hear and determine action. (Added Pub. L. 91–452, title IX, § 901(a), Oct. 15, 1970, 84 Stat. 944; amended Pub. L. 98–620, title IV, § 402(24)(B), Nov. 8, 1984, 98 Stat. 3359.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–620 struck out provision that the judge so designated had to assign such action for hear- ing as soon as practicable, participate in the hearings and determination thereof, and cause such action to be expedited in every way. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure. § 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 af- fected persons. (Added Pub. L. 91–452, title IX, § 901(a), Oct. 15, 1970, 84 Stat. 944.) § 1968. Civil investigative demand (a) Whenever the Attorney General has reason to believe that any person or enterprise may be in possession, custody, or control of any docu- mentary 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 per- son, a civil investigative demand requiring such person to produce such material for examina- tion. (b) Each such demand shall— (1) state the nature of the conduct consti- tuting the alleged racketeering violation which is under investigation and the provision of law applicable thereto; (2) describe the class or classes of documen- tary material produced thereunder with such definiteness and certainty as to permit such material to be fairly identified; (3) state that the demand is returnable forthwith or prescribe a return date which will provide a reasonable period of time within which the material so demanded may be as- sembled and made available for inspection and copying or reproduction; and (4) identify the custodian to whom such ma- terial shall be made available. (c) No such demand shall— (1) contain any requirement which would be held to be unreasonable if contained in a sub- pena duces tecum issued by a court of the United States in aid of a grand jury investiga- tion of such alleged racketeering violation; or (2) require the production of any documen- tary evidence which would be privileged from disclosure if demanded by a subpena duces tecum issued by a court of the United States in aid of a grand jury investigation of such al- leged racketeering violation. (d) Service of any such demand or any petition filed under this section may be made upon a per- son by— (1) delivering a duly executed copy thereof to any partner, executive officer, managing agent, or general agent thereof, or to any agent thereof authorized by appointment or by law to receive service of process on behalf of such person, or upon any individual person; (2) delivering a duly executed copy thereof to the principal office or place of business of the person to be served; or (3) depositing such copy in the United States mail, by registered or certified mail duly ad- dressed to such person at its principal office or place of business. (e) A verified return by the individual serving any such demand or petition setting forth the manner of such service shall be prima facie proof of such service. In the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such demand. (f)(1) The Attorney General shall designate a racketeering investigator to serve as racketeer document custodian, and such additional rack- eteering investigators as he shall determine from time to time to be necessary to serve as deputies to such officer. (2) Any person upon whom any demand issued under this section has been duly served shall make such material available for inspection and copying or reproduction to the custodian des- ignated therein at the principal place of busi- ness of such person, or at such other place as such custodian and such person thereafter may agree and prescribe in writing or as the court may direct, pursuant to this section on the re- turn date specified in such demand, or on such later date as such custodian may prescribe in writing. Such person may upon written agree- Page 493 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1968 ment between such person and the custodian substitute for copies of all or any part of such material originals thereof. (3) The custodian to whom any documentary material is so delivered shall take physical pos- session thereof, and shall be responsible for the use made thereof and for the return thereof pur- suant to this chapter. The custodian may cause the preparation of such copies of such documen- tary material as may be required for official use under regulations which shall be promulgated by the Attorney General. While in the posses- sion of the custodian, no material so produced shall be available for examination, without the consent of the person who produced such mate- rial, by any individual other than the Attorney General. Under such reasonable terms and con- ditions as the Attorney General shall prescribe, documentary material while in the possession of the custodian shall be available for examination by the person who produced such material or any duly authorized representatives of such per- son. (4) Whenever any attorney has been designated to appear on behalf of the United States before any court or grand jury in any case or pro- ceeding involving any alleged violation of this chapter, the custodian may deliver to such at- torney such documentary material in the pos- session of the custodian as such attorney deter- mines to be required for use in the presentation of such case or proceeding on behalf of the United States. Upon the conclusion of any such case or proceeding, such attorney shall return to the custodian any documentary material so withdrawn which has not passed into the control of such court or grand jury through the intro- duction thereof into the record of such case or proceeding. (5) Upon the completion of— (i) the racketeering investigation for which any documentary material was produced under this chapter, and (ii) any case or proceeding arising from such investigation, the custodian shall return to the person who produced such material all such material other than copies thereof made by the Attorney General pursuant to this sub- section which has not passed into the control of any court or grand jury through the intro- duction thereof into the record of such case or proceeding. (6) When any documentary material has been produced by any person under this section for use in any racketeering investigation, and no such case or proceeding arising therefrom has been instituted within a reasonable time after completion of the examination and analysis of all evidence assembled in the course of such in- vestigation, such person shall be entitled, upon written demand made upon the Attorney Gen- eral, to the return of all documentary material other than copies thereof made pursuant to this subsection so produced by such person. (7) In the event of the death, disability, or sep- aration from service of the custodian of any doc- umentary material produced under any demand issued under this section or the official relief of such custodian from responsibility for the cus- tody and control of such material, the Attorney General shall promptly— (i) designate another racketeering investi- gator to serve as custodian thereof, and (ii) transmit notice in writing to the person who produced such material as to the identity and address of the successor so designated. Any successor so designated shall have with re- gard to such materials all duties and respon- sibilities imposed by this section upon his prede- cessor in office with regard thereto, except that he shall not be held responsible for any default or dereliction which occurred before his designa- tion as custodian. (g) Whenever any person fails to comply with any civil investigative demand duly served upon him under this section or whenever satisfactory copying or reproduction of any such material cannot be done and such person refuses to sur- render such material, the Attorney General may file, in the district court of the United States for any judicial district in which such person re- sides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of this section, except that if such person transacts business in more than one such district such petition shall be filed in the district in which such person main- tains his principal place of business, or in such other district in which such person transacts business as may be agreed upon by the parties to such petition. (h) Within twenty days after the service of any such demand upon any person, or at any time before the return date specified in the demand, whichever period is shorter, such person may file, in the district court of the United States for the judicial district within which such per- son resides, is found, or transacts business, and serve upon such custodian a petition for an order of such court modifying or setting aside such demand. The time allowed for compliance with the demand in whole or in part as deemed proper and ordered by the court shall not run during the pendency of such petition in the court. Such petition shall specify each ground upon which the petitioner relies in seeking such relief, and may be based upon any failure of such demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of such person. (i) At any time during which any custodian is in custody or control of any documentary mate- rial delivered by any person in compliance with any such demand, such person may file, in the district court of the United States for the judi- cial district within which the office of such cus- todian is situated, and serve upon such custo- dian a petition for an order of such court requir- ing the performance by such custodian of any duty imposed upon him by this section. (j) Whenever any petition is filed in any dis- trict court of the United States under this sec- tion, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry into effect the provisions of this section. (Added Pub. L. 91–452, title IX, § 901(a), Oct. 15, 1970, 84 Stat. 944.) Page 494 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1991 1 So in original. The comma probably should not appear. CHAPTER 97—RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR THROUGH THE AIR Sec. 1991. Entering train to commit crime. 1992. Terrorist attacks and other violence against railroad carriers and against mass transpor- tation systems on land, on water, or through the air. HISTORICAL AND REVISION NOTES This chapter does not include motor busses, inter- state trucking facilities or airplanes within the protec- tion of existing law. Motor busses and trucks already carry a huge amount of interstate commerce. It is rea- sonable to presume that much interstate freight and express will soon be carried by air. Attention is directed to the consideration of the ex- tension of the laws now applicable only to railroads to these other interstate facilities. 80th Congress House Report No. 304. Editorial Notes AMENDMENTS 2006—Pub. L. 109–177, title I, § 110(b)(1), Mar. 9, 2006, 120 Stat. 208, substituted ‘‘RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR THROUGH THE AIR’’ for ‘‘RAILROADS’’ in chapter heading, added item 1992, and struck out former items 1992 ‘‘Wrecking trains’’ and 1993 ‘‘Ter- rorist attacks and other acts of violence against public transportation systems’’. 2005—Pub. L. 109–59, title III, § 3042(b), Aug. 10, 2005, 119 Stat. 1640, substituted ‘‘public transportation’’ for ‘‘mass transportation’’ in item 1993. 2001—Pub. L. 107–56, title VIII, § 801(f), Oct. 26, 2001, 115 Stat. 376, added item 1993. § 1991. Entering train to commit crime Whoever, in any Territory or District, or with- in or upon any place within the exclusive juris- diction of the United States, willfully and mali- ciously trespasses upon or enters upon any rail- road train, railroad car, or railroad locomotive, with the intent to commit murder or robbery, shall be fined under this title or imprisoned not more than twenty years, or both. Whoever, within such jurisdiction, willfully and maliciously trespasses upon or enters upon any railroad train, railroad car, or railroad loco- motive, with intent to commit any unlawful vio- lence upon or against any passenger on said train, or car, or upon or against any engineer, conductor, fireman, brakeman, or any officer or employee connected with said locomotive, train, or car, or upon or against any express messenger or mail agent on said train or in any car thereof, or to commit any crime or offense against any person or property thereon, shall be fined under this title or imprisoned not more than one year, or both. Upon the trial of any person charged with any offense set forth in this section, it shall not be necessary to set forth or prove the particular person against whom it was intended to commit the offense, or that it was intended to commit such offense against any particular person. (June 25, 1948, ch. 645, 62 Stat. 794; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat. 3498.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 522 (Mar. 4, 1909, ch. 321, § 322, 35 Stat. 1150). After the word ‘‘Whoever’’ the following was inserted: ‘‘in any Territory or District, or within or upon any place within the exclusive jurisdiction of the United States’’ as based upon the express provisions of title 18, U.S.C., 1940 ed., § 511, wherein this section is made ap- plicable only ‘‘in any Territory or District, or within or upon any place within the exclusive jurisdiction of the United States.’’ Words ‘‘whoever shall counsel, aid, abet, or assist in the perpetration of any of the offenses set forth in this section shall be deemed to be a principal therein’’ were omitted as unnecessary. Such persons are made prin- cipals by section 2 of this title. Minor changes also were made in phraseology. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ in second par. 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’ in first par. § 1992. Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air (a) GENERAL PROHIBITIONS.—Whoever, in a cir- cumstance described in subsection (c), know- ingly and without lawful authority or permis- sion— (1) wrecks, derails, sets fire to, or disables railroad on-track equipment or a mass trans- portation vehicle; (2) places any biological agent or toxin, de- structive substance, or destructive device in, upon, or near railroad on-track equipment or a mass transportation vehicle with intent to en- danger the safety of any person, or with a reckless disregard for the safety of human life; (3) places or releases a hazardous material or a biological agent or toxin on or near any property described in subparagraph (A) or (B) of paragraph (4), with intent to endanger the safety of any person, or with reckless dis- regard for the safety of human life; (4) sets fire to, undermines, makes unwork- able, unusable, or hazardous to work on or use, or places any biological agent or toxin, de- structive substance, or destructive device in, upon, or near any— (A) tunnel, bridge, viaduct, trestle, track, electromagnetic guideway, signal, station, depot, warehouse, terminal, or any other way, structure, property, or appurtenance used in the operation of, or in support of the operation of, a railroad carrier, and with in- tent to, or knowing or having reason to know,1 such activity would likely, derail, disable, or wreck railroad on-track equip- ment; or (B) garage, terminal, structure, track, electromagnetic guideway, supply, or facil- ity used in the operation of, or in support of the operation of, a mass transportation vehi- cle, and with intent to, or knowing or having reason to know,1 such activity would likely,