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208. Presentments

Rule 7 does not recognize the use of a presentment, a charge preferred by a grand jury on its own initiative. Although a grand jury may investigate, call witnesses, and make a presentment charging a crime, the presentment so returned cannot serve to initiate a prosecution. To initiate a prosecution, a presentment would first have to be submitted to the grand jury in the form of an indictment and be voted for in accordance with Fed. R. Crim. P. 6(f). See Gaither v. United States, 413 F.2d 1061 (D.C. Cir. 1969). See also United States v. Radetsky, 535 F.2d 556, 561 n.1 (10th Cir.), cert. denied, 429 U.S. 820 (1976).

Updated May 20, 2015