1-14.000
Notice to the Deputy Attorney General Required for Certain
Criminal and Affirmative Civil Resolutions
- Notwithstanding any other delegation of authority, notice of a proposed
resolution in any criminal or affirmative civil matter shall be provided to
the Deputy Attorney General prior to final agreement by the Department where
the proposed resolution: (1) contains a monetary component or components
totaling $200 million or more; (2) raises legal issues or policy questions
that are non-routine and either sensitive, important, or novel; or (3)
imposes a novel, sensitive, or unusually extensive conduct remedy or
injunctive measure.
- In all circumstances, notice shall be provided far enough in advance to
allow the Deputy Attorney General the opportunity for meaningful
consultation on the proposed resolution and shall include a memorandum
detailing the terms of the proposed resolution and the analysis supporting
it. Except in extraordinary circumstances, notice shall be provided at least
10 business days before it is anticipated that the Department will enter the
resolution. For components that report to the Deputy Attorney General
through the Associate Attorney General, notice shall be provided to the
Associate Attorney General at least 15 business days before it is
anticipated that the Department will enter the resolution.
- In any matter in which a joint criminal and civil resolution is
anticipated, the above notice requirement applies if the anticipated
cumulative total ofthe civil and criminal monetary components of the
resolution is $200 million or more. In addition, the above notice
requirement applies regardless of whether the monetary component of the
proposed resolution will be remitted by the defendant to, or otherwise
recouped by, one or more agencies of the federal government or one or more
entities other than the federal government, such as state governmental
authorities or other third party victims. The above notice requirement also
applies regardless of whether the monetary component is incurred by multiple
parties.
- The above notice requirement does not supersede any existing notice or
approval requirements. Any such existing requirements shall continue to
apply in addition to the above notice requirement.
[new August 2012]
[cited in USAM 1-13.130;
4-3.140;
9-2.155]
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