1-12.000
Coordination of Parallel Criminal, Civil, Regulatory, and Administrative
Proceedings
The Attorney General issued a
policy statement on January 30, 2012, to
update and further strengthen the Department's longstanding policy that
Department prosecutors and civil attorneys handling white collar matters
should timely communicate, coordinate, and cooperate with one another and
with agency attorneys to the fullest extent appropriate to the case and
permissible by law, whenever an alleged offense or violation of federal law
gives rise to the potential for criminal, civil, regulatory, and/or agency
administrative parallel (simultaneous or successive) proceedings.
Every United States Attorney's Office and Department litigating component
should have policies and procedures for early and appropriate coordination
of the government's criminal, civil, regulatory, and administrative
remedies. Such policies and procedures should stress early, effective, and
regular communication between criminal, civil, and agency attorneys to the
fullest extent appropriate to the case and permissible by law, and should
specifically address the following issues, at a minimum:
- Intake: From the moment of case intake, attorneys should
consider and communicate regarding potential civil,
administrative,.regulatory, and criminal remedies, and explore those
remedies with the investigative agents and other government personnel;
- Investigation: During the investigation, attorneys should
consider investigative strategies that maximize the government's ability
to share information among criminal, civil, and agency administrative
teams to the fullest extent appropriate to the case and permissible by
law, including the use of investigative means other than grand jury
subpoenas for documents or witness testimony; and
- Resolution: At every point between case intake and final
resolution (e.g., declination, indictment, settlement, plea, and
sentencing), attorneys should assess the potential impact of such actions
on criminal, civil, regulatory, and administrative proceedings to the
extent appropriate.
These recommendations should be followed to the fullest extent
appropriate and permissible by law. There may be instances, however, in
which the secrecy of an investigation is paramount to the success of the
investigation and compliance with the above-described policies may be
impractical.
The Attorney General has further directed the Office of Legal Education,
in consultation with the U.S. Attorneys' offices, the Civil Division, the
Criminal Division, and other Department litigating divisions, to facilitate
the provision of instruction and training materials on parallel
proceedings.
The full text of the Attorney General's memorandum can be found at:
Organization and Functions
Manual 27.
[Updated February 2013]
[cited in
USAM 4-4.110;
5-11.112]
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