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NCJRS Abstract

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NCJ Number: 134742 Add to Shopping cart Find in a Library
Title: Narcotic and Dangerous Drug Section Monograph: Criminal Prosecution Under the Continuing Criminal Enterprise Statute: Section 848 of Title 21. United States Code
Corporate Author: US Dept of Justice
Asset Forfeiture and Money Laundering Section
Criminal Division
United States of America
Date Published: Unknown
Page Count: 112
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
US Dept of Justice
Washington, DC 20530
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Type: Legislation/Policy Description
Format: Document
Language: English
Country: United States of America
Annotation: This monograph analyzes court opinions rendered in the last 12 years that have interpreted the Federal Continuing Criminal Enterprise statute so as to bring to prosecutors and agents a reference source to be used in the practical application of this act.
Abstract: The Continuing Criminal Enterprise Statute carries a maximum penalty of life imprisonment without parole, a maximum fine of $100,000, and the forfeiture of the proceeds and property connected with the conduct of a criminal enterprise. The act was intended by Congress to provide prosecutors with a means of reaching the organizers, managers, and supervisors of major drug trafficking organizations. Following a legislative history of the act, the monograph outlines the elements of the offense. The elements focus on a continuing series of felony violations in concert with five or more persons. Other elements pertain to the offender's position in the enterprise and income from the enterprise. A discussion of the drafting of the indictment focuses on general considerations, the forfeiture provision, and venue considerations. A review of frequent defense arguments under section 848 considers "void for vagueness," joinder and severance, double jeopardy, and sentencing issues. The concluding section addresses forfeiture under 21 U.S. Code section 848. Appended text of the act, sample forms, motions, jury instructions, and judgment of forfeiture and a table of cases
Main Term(s): Organized crime
Index Term(s): Court records; Drug smuggling; Federal Code
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