JM 9-61.400
Unless there exists a special need, priority should be given to the prosecution of fences as opposed to the prosecution of thieves. For purposes of this subchapter, "fences" are defined as those who are alleged to have assisted in finding or dealing with more than one buyer for stolen property. Highest priority should be given to the prosecution of fences who operate legitimate businesses and sell stolen property to the public.
When preparing indictments against subjects involved in the redistribution of stolen property particular attention should be given to the provisions of 18 U.S.C. §§ 659, 2312, 2313, 2314, 2315, 2321, and the RICO statute (18 U.S.C. § 1961 et seq.) where the fence operates through a legitimate business.
[updated January 2020]