The Secretary of Justice may institute civil proceedings to paralyze the operation of any type of enterprise, other than a corporation, when:
(a) A person in his individual character, or any person in the control of the enterprise, who may be a partner, owner, employee, agent or a person who exercises control in the operations of such enterprise, engages in activities connected with organized crime with the intent of inducing or compelling other persons, firms or corporations to do business with the corporation or to engage in organized crime, and
(b) public interest requires that the operations of the enterprise or activity be paralyzed to prevent illegal conduct of the same sort in the future.
The civil proceedings to cancel the corporate charter, or to paralyze the operations of any kind of business, other than a corporation, pursuant to the provisions of this section or § 971f of this title, shall be instituted after a previous decision is obtained that there are well-founded reasons to believe that there has been a violation of this chapter. Such decision shall be made at a private hearing held before a judge, with the participation of the person or persons involved, and with the auditors or other officials designated by the Secretary of the Treasury at the request of the Secretary of Justice.
The parties shall be notified of the date set for the hearing at least five (5) days in advance of such date, pursuant to the provisions of § 971m of this title.
History —July 13, 1978, No. 33, p. 468, § 8.