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Criminal Resource Manual 935 Implementation Of The Policy Statement

935

Implementation of the Policy Statement

Two premises underlie the following allocation of law enforcement investigative resources. First, both the Federal Bureau of Investigations (FBI) and Inspectors General (IGs) with overlapping investigative jurisdiction have limited resources. Second, questions of appearance, sensitivity and expertise suggest the FBI is better suited to be primarily responsible for organized crime and corruption matters.
With these considerations in mind, the following comments outline the Department of Justice approach with regard to the criminal investigative jurisdiction of the FBI and the Inspectors General:
  1. Inspectors General will in all instances notify the FBI of the following criminal investigative matters:
    1. Bribery matters;
    2. Significant allegations of fraud which culpably involve United States government employees; and
    3. Organized crime related matters, including both traditional (La Cosa Nostra) and non-traditional organizations such as other ethnic groups and outlaw motorcycle gangs.
    The FBI will have the primary investigative role in these three areas and, as part of the notification, the IG will transfer the investigative file and consequently investigative responsibility to the FBI. The Inspector General simultaneously will notify the prosecutor of the above described matters.
  2. The Inspectors General normally will have the responsibility for conducting investigations of fraudulent misconduct involving their respective departments and agencies by non-government personnel. However, the FBI will treat fraud against the government matters as a top priority and, if asked by the prosecutor, will investigate every criminal violation that the prosecutor advises will be prosecuted, if proved. The FBI maintains the right to investigate any criminal allegations which the FBI receives independently and which involve any agency's programs or functions wherein the alleged violations are within the FBI's jurisdiction.
  3. The FBI will, given adequate manpower conditions, consider undertaking joint investigations with Inspector General personnel, and encourage joint undercover operations targeted against identified major crime problems.
  4. The FBI will accept responsibility for other significant criminal investigative matters, consistent with the availability of investigative resources within the applicable FBI field office. As a general rule, the FBI will not initiate investigations concerning recipient/participant-type frauds, absent indications of a pattern of widespread criminal activity.

[cited in USAM 9-42.001; USAM 9-42.500]

Updated February 19, 2015