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Civil Resource Manual

1. United States Attorney General Opinion, January 14, 1879
2. United States Attorney General Opinion, February 19, 1902
3. United States Attorney General Opinion, October 2, 1934
4. United States Attorney General Opinion, January 30, 1879
5. United States Attorney General Opinion, December 14, 1868
6. United States Attorney General Opinion, May 8, 1929
7. United States Attorney General Opinion, July 11, 1894
8. United States Attorney General Opinion, January 17, 1900
9. United States Attorney General Opinion, October 24, 1933
10. United States Attorney General Opinion, August 26, 1881
11. United States Attorney General Opinion, August 7, 1911
12. United States Attorney General Opinion, June 3, 1919
13. United States Attorney General Opinion, November 27, 1895
14. United States Attorney General Opinion, March 7, 1935
15. Black Markets
16. GHB FDCA Violations
17. Sample Charges for GHB Felony Cases
18. GHB Probation Letter
19. Human Growth Hormone/Steroids Statutory Overview
20. FDCA Buy-Bust Prosecutions
21. Animal Drug Prosecutions—Generally
22. Animal Drug Prosecutions—Sample Indictment
23. Animal Drug Prosecutions—Sample Indictment
24. Animal Drug Prosecutions—Sample Jury Instructions
25. Animal Drug Prosecutions—Sample Jury Instructions
26. Animal Drug Prosecutions—Trial Memorandum—Introduction and Background
27. Animal Drug Prosecutions—Trial Memorandum—Legal Issues
28. Animal Drug Prosecutions—Sample Memorandum re Expert Drug Testimony
29. Sample Memorandum re applying the "intent to defraud FDA" felony theory to an animal drug prosecutions
30. Immunity of the United States from Suit, Absent Express Consent
31. Consent to be Sued is Strictly Construed
32. Government Agencies are not Subject to Suit, Absent Statutory Waiver of Immunity
33. Immunity of Government Officers Sued as Individuals for Official Acts
34. Exhaustion of Administrative Remedies
35. Standing to Sue
36. Effect of Declaratory Judgment Act and Administrative Procedure Act
37. Indispensable Party
38. Venue  
39. Venue—Government as Plaintiff
40. Venue—United States as Defendant
41. Venue—Government Officers and Agencies as Defendants
42. Change of Venue
43. Service of Process
44. Service on Government Officers in Official Capacity, Agencies
45. Removal
46. Redelegation By Civil Division of Authority to Compromise Civil Claims
47. Court of Federal Claims Litigation
48. The Bankruptcy "Players"—Outline
49. -53. [reserved]
54. Bankruptcy and the Government as Regulator—Part I
55. Bankruptcy and the Government as Regulator—Part II
56. Bankruptcy and the Government as Regulator—Part III
57. Avoidance Powers—Strong-Arm Clause, Fraudulent Conveyances
58. Avoidance Powers—Preferences, Statutory Liens, Postposition Transactions, Preferential Offsets, Limitations
59. Executory Contracts in Bankruptcy— Introduction, Threshold Issues
60. Executory Contracts in Bankruptcy— Assumption and Rejection
61. Executory Contracts in Bankruptcy— Government and Special Contracts
62. Claims in Bankruptcy
63. Creditor's Claims in Bankruptcy Proceedings—The Debtor-Creditor Relationship In Bankruptcy
64. Creditor's Claims in Bankruptcy Proceedings—The Debtor-Creditor Relationship In Bankruptcy— Allowance and Payment of Claims
65. Setoff and Recoupment in Bankruptcy—Setoff
66. Setoff and Recoupment in Bankruptcy—Setoff (cont'd)
67. Setoff and Recoupment in Bankruptcy—Recoupment
68. The Government as Secured Creditor
69. Appellate Procedures in Bankruptcy
70. The Contract Disputes Act
71. Protest of Contract Awards
72. Principles of Contract Interpretation
73. Ambiguities
74. Validity and Construction of Liquidated Damages Provisions
75. Claims of Mistakes in Bids
76. Nonappropriated Fund Instrumentality Claims
77. Quasi-Contractual Claims
78. Conversion of Property Mortgaged to the Government
79. Decedent's Estate
80. Devises and Bequests to the Government
81. VA Escheat Claims
82. VA Vesting Claims
83. Grants—Breach of Conditions
84. Guaranty Agreements
85. Medicare Overpayment Cases
86. Sureties
87. VA Loan Claims
88. Warranties
89. Warranty of Prior Endorsements on Checks
90. Transfer Restrictions and Remedies Under the Financial Privacy Act
91. -92. [reserved]
93. Social Security Act Review Procedures
94. Types of Judgments Authorized Under the Social Security Act
95. Priority of Liens
96. The "Who, What, When, Where, Why, and How" of Appeals in Bankruptcy Proceedings—Generally
97. The "Who, What, When, Where, Why, and How" of Appeals in Bankruptcy Proceedings—Standard of Review, Mootness, etc.
98. "Materiality" in FDCA prosecutions
99. Solicitor General's Guidelines for Direct Certified Appeals in Bankruptcy Cases 
101. Statutes Assigned to the Office of Consumer Litigation in 28 C.F.R. § 0.45(j)
102. Office of Consumer Litigation
103. Sample Memorandum—Intent to Defraud Or Mislead
104. Elements of a Misdemeanor Offense Under the FDCA
105. Sample Jury Instructions for a Misdemeanor Food Adulteration Case
106. Sample Jury Instruction—Intent to Defraud or Mislead
107. Sample Government's Motion in Limine re Knowledge and Intent
108. Model Subpoena and Practice Tips for an FDCA Investigation
109. Issues Regarding Medical Devices and Adulteration Or Misbranding Claims
110. Medical Device Law—An Overview
111. Sample Medical Device Indictment
112. Sample Medical Device Indictment
113. The Prescription Drug Marketing Act
114. Sample Indictment—Prescription Drug Marketing Act
115. Sample Information—Prescription Drug Marketing Act
116. Sample Information—Prescription Drug Marketing Act—Institutional Diversion
117. Sample Information—Prescription Drug Marketing Act—Statement of Origin
118. Sample Indictment—Food Fraud Prosecution—Conspiracy Count
119. Sample Indictment—Food Fraud Prosecution—Mail and Wire Fraud Counts
120. Sample Indictment—Food Fraud Prosecution—Miscellaneous Counts
121. Sample Indictment—Food Fraud Prosecution—Conspiracy Count
122. Sample Indictment—Food Fraud Prosecution—Miscellaneous Counts
123. Sample Information—Introduction of Adulterated Food into Interstate Commerce
124. Sample Jury Instructions—Food Fraud—Pattern Instructions
125. Sample Jury Instructions—Food Fraud—Additional Instructions
126. Sample Brief—Evidence of Scientific Testing in Food Fraud Cases
127. Response to Motion to Strike Surplusage
128. Sample Government's Opposition to Defendant's Motion to Strike Surplusage
129. Sample United States' Memorandum in Opposition to Defendants' Motion to Strike Surplusage From Indictment
130. Sample Memorandum re Surplusage
131. Sample Memorandum re Multiplicity
132. Sample Memorandum re Multiplicity
133. Response to Motions Concerning Multiplicity and Surplusage
134. Sample Trial Brief Re Elements of Violations of the FDCA Contained in 21 U.S.C. § 331(A) and §  331(K)
135. Sample Trial Brief re Admissibility of Summaries, Foreign Records, Plea Agreements, Scientific Evidence, and Chain of Custody
136. Opposition to Defense Motions re Due Process, Vagueness, "Van Liew", and "Minarik" Problems
137. Analysis of Minarik
138. Sample Memorandum Supporting Motion Precluding Evidence of Selective Prosecution
139. Sample Motion in Limine to Bar Evidence or Argument on Selective and/or Vindictive Prosecution
140. Sample Memorandum re Willfulness and Good Faith
141. Sample Sentencing memorandum— abuse of trust enhancement
142. Sample Analysis Estimating Loss Based on Savings to Defendants
143. Significant Factors That Affect Sentencing in FDCA Cases
144. Appellate Brief Regarding Loss
145. Appellate Brief Regarding Loss (continued)
146. Points to Remember When Considering Seizure and Condemnation Actions Under the Food, Drug, and Cosmetic Act
147. Brief Defending a Seizure Against an Attack Based on the Fourth Amendment
148. Reply Brief Defending a Seizure Against an Attack Based on the Fourth Amendment
149. Odometer Fraud Prosecutions— Agencies, Contacts and Resources
150. Recodification of the Odometer Fraud Statutes
151. Repealed Odometer Fraud Statutes
152. Commonly Charged Odometer Tampering Offenses
153. Subpoenas to Targets for Forensic Evidence
154. Appeal Brief—Required Records
155. Sample Letter—Required Records
156. Sample Odometer Fraud Indictment
157. Sample Odometer Fraud Indictment
158. Sample Odometer Fraud Indictment
159. Sample Trial Memorandum—Odometer Fraud
160. Sample Trial Memorandum—Odometer Fraud
161. Sample Trial Memorandum—Odometer Fraud
162. Sample Odometer Fraud Jury Instructions
163. Sample Response to Defense Motion re Mailing
164. Sample Omnibus Response in a Multi-defendant Odometer Fraud Prosecution
165. Proposed findings that can be used to support a complex case finding and exclusion of time under the Speedy Trial Act
166. Sample Response To Motions To Dismiss Due To Alleged Multiplicity
167. Restitution for Consumers
168. Sample Government Application for Permission to Disclose Grand Jury Records for Restitution Purposes
169. Sample Disclosure Order
170. Evaluating the "Amount of Loss" for Sentencing in Odometer Fraud Cases
171. Opposition to Defense Motions re Due Process, Vagueness, "Van Liew" and "Minarik" Problems
172. Sentencing Guidelines Calculation
173. Sample Odometer Fraud Indictment
174. Sample Odometer Fraud Indictment
175. Eppes Declaration
176. Sample Government's Response to Defendant's Response and Objections to Presentence Report
177. [RESERVED]
178. Response to Objections to Presentence Report
179. Sample Government Alborz Memorandum—Ninth Circuit
180. Sample Government Alborz Memorandum—Fifth Circuit
181. Probation Letter for Convictions Where the Count of Conviction Occurred Prior to November 1, 2001
182. Probation Letter for Convictions Where the Count of Conviction Occurred in Whole or in Part After November 1, 2001
183. Sample Government's Reply to Defendant's Sentencing Memorandum (part 1)
184. Sample Government's Reply to Defendant's Sentencing Memorandum (part 2)
185. Bankruptcy Jurisdiction of the District Courts
186. Reference of Cases and Proceedings to the Bankruptcy Judges
187. Scope of the Powers and Authority of Bankruptcy Judges
188. Bankruptcy Jurisdiction—Personal Jurisdiction
189. Bankruptcy Jurisdiction—Venue
190. Bankruptcy Jurisdiction—Appellate Jurisdiction
191. Termination of Bankruptcy Jurisdiction
192. Sovereign Immunity—11 U.S.C. § 106(a)
193. Sovereign Immunity—11 U.S.C. § 106(b)
194. Sovereign Immunity—11 U.S.C. § 106(c)
195. Limits of the § 106 Waiver of Sovereign Immunity
196. Seminole Tribe and State Sovereign Immunity
197. Bankruptcy Jurisdiction and Sovereign Immunity Statutory Addendum
201. Jury Trials in Civil Cases
202. Laches  
203. Limitations Statutes Applicable to Suits Against the Government
204. Offset  
205. Recoupment and Setoff
206. Priority for the Payment of Claims Due the Government
207. Counterclaims Against the United States
208. Counterclaim in Suits on Notes and Mortgages
209. Estoppel
210. Choice of Law
211. Interest Recoverable by the Government
212. Interest Recoverable From the Government
213. Declaratory Actions
214. Injunctions
215. Mandamus
216. Reformation
217. Replevin
218. Rescission
219. Specific Performance
220. Attorney's Fees
221. Court Costs
222. Costs Recoverable by the United States
223. Costs Recoverable From the United States
224. Sample Letter—Judgments and Stipulations
225. Sample Letter—Back pay Judgments
226. FMS Form 194—Judgment Fund Payment Request
227. Monitoring of Payment Agreements by the Department of Veterans Affairs Debt Management Center (DMC)
228. Memorandum from Attorney General— Coordination of Parallel Criminal, Civil, and Administrative 
Updated June 29, 2015