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Stronger Federal Effort Needed in Fight Against Organized Crime

GGD-82-2 Published: Dec 07, 1981. Publicly Released: Dec 07, 1981.
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Highlights

Organized crime derives billions of dollars in illegal income annually from its activities. It is costing the government approximately $100 million a year to fight organized crime. The strike force program was designed to focus an experienced and coordinated federal enforcement and prosecutive attack against this major national problem. GAO was requested to evaluate Justice's role in impeding, restricting, and combating organized crime activities and to conduct a followup of a prior GAO report dealing with organized crime strike forces.

Recommendations

Matter for Congressional Consideration

Matter Status Comments
Congress should make explicit provision for the forfeiture of any profits and proceeds that are: (1) acquired, derived, used, or maintained in violation of the RICO Act; or (2) acquired or derived as a result of a RICO violation.
Closed – Implemented
This has been accomplished by P.L. 98-473.
Congress should clarify that interests forfeitable under the RICO Act include assets illicitly derived, maintained, or acquired that are held or owned in an individual capacity by a member of a de facto association or enterprise convicted of violating the RICO statute.
Closed – Implemented
Other legislative revisions to the RICO statute have been passed by Congress. These revisions, to an extent, address this recommendation.
Congress should authorize forfeiture of substitute assets but only to the extent that assets forfeitable under the RICO Act: (1) cannot be located; (2) have been transferred, sold to, or deposited with third parties; or (3) placed beyond the general territorial jurisdiction of the United States. This authorization would be limited to the values of the assets described.
Closed – Implemented
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Congress should make legislative changes to improve the use of the Tax Reform Act of 1976.
Closed – Implemented
Other legislative initiatives have accomplished the objective of this recommendation.

Recommendations for Executive Action

Agency Affected Recommendation Status
Department of Justice The Attorney General should establish an executive committee in each strike force.
Closed – Not Implemented
The Attorney General has required establishment of Law Enforcement Coordinating Committees to assemble all law enforcement resources including strike forces, federal investigative agencies, and state and local entities to assess local law enforcement needs and implementation of a comprehensive district plan best utilizing federal resources.
Department of Justice The Attorney General should ensure that all federal law enforcement agencies participating in the program to fight organized crime actively participate in the functions of the executive committees.
Closed – Not Implemented
The Attorney General has decided to establish Law Enforcement Coordinating Committees in each district, chaired by the U.S. Attorney. This will bring together all law enforcement resources including strike forces, federal investigative units, and state and local entities and will provide a basis for coordination of resources in the district.
Department of Justice The Attorney General should require that all cases not involving organized crime figures or utilization of extensive investigative resources be transferred to U.S. Attorney's Offices for prosecution rather than using the limited resources of the strike forces to prosecute these cases.
Closed – Not Implemented
The agency strongly disagrees with the recommendation although GAO believes it to be appropriate.
Department of Justice The Attorney General should emphasize that case initiation reports be prepared for all organized crime cases. This will provide a means to ensure that: (1) strike forces' resources are applied only to cases involving organized crime figures or utilization of extensive investigative resources; and (2) cases are transferred to U.S. Attorney's Offices when appropriate.
Closed – Implemented
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Department of Justice The Attorney General should ensure that an evaluation system is developed that will measure the performance and accomplishments of the strike forces so that management improvements can be made where appropriate.
Closed – Implemented
Justice proceeded through four trials of its evaluation system until two Supreme Court decisions denied nonattorney personnel access to grand jury information. Although a new procedure may get around this limitation, Justice has found it difficult to develop adequate measures to evaluate performance and currently lacks staff necessary for systematic strike force evaluations.

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Topics

Crime preventionCriminal procedureOrganized crimeDefendantsLaw enforcement agenciesLaw enforcementCase lawParoleConspiracyCriminal activities