US Attorneys > USAM > Title 4 > 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. [reserved]
  50. [reserved]
  51. [reserved]
  52. [reserved]
  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. [reserved]
  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
  100. Statutes Assigned to the Office of Consumer Litigation in 28 C.F.R. § 0.45(j)
  101. Office of Consumer Litigation
  102. Sample Memorandum—Intent to Defraud Or Mislead
  103. Elements of a Misdemeanor Offense Under the FDCA
  104. Sample Jury Instructions for a Misdemeanor Food Adulteration Case
  105. Sample Jury Instruction—Intent to Defraud or Mislead
  106. Sample Government's Motion in Limine re Knowledge and Intent
  107. Model Subpoena and Practice Tips for an FDCA Investigation
  108. Issues Regarding Medical Devices and Adulteration Or Misbranding Claims
  109. Medical Device Law—An Overview
  110. Sample Medical Device Indictment
  111. Sample Medical Device Indictment
  112. The Prescription Drug Marketing Act
  113. Sample Indictment—Prescription Drug Marketing Act
  114. Sample Information—Prescription Drug Marketing Act
  115. Sample Information—Prescription Drug Marketing Act—Institutional Diversion
  116. Sample Information—Prescription Drug Marketing Act—Statement of Origin
  117. Sample Indictment—Food Fraud Prosecution—Conspiracy Count
  118. Sample Indictment—Food Fraud Prosecution—Mail and Wire Fraud Counts
  119. Sample Indictment—Food Fraud Prosecution—Miscellaneous Counts
  120. Sample Indictment—Food Fraud Prosecution—Conspiracy Count
  121. Sample Indictment—Food Fraud Prosecution—Miscellaneous Counts
  122. Sample Information—Introduction of Adulterated Food into Interstate Commerce
  123. Sample Jury Instructions—Food Fraud—Pattern Instructions
  124. Sample Jury Instructions—Food Fraud—Additional Instructions
  125. Sample Brief—Evidence of Scientific Testing in Food Fraud Cases
  126. Response to Motion to Strike Surplusage
  127. Sample Government's Opposition to Defendant's Motion to Strike Surplusage
  128. Sample United States' Memorandum in Opposition to Defendants' Motion to Strike Surplusage From Indictment
  129. Sample Memorandum re Surplusage
  130. Sample Memorandum re Multiplicity
  131. Sample Memorandum re Multiplicity
  132. Response to Motions Concerning Multiplicity and Surplusage
  133. Sample Trial Brief Re Elements of Violations of the FDCA Contained in 21 U.S.C. § 331(A) and §  331(K)
  134. Sample Trial Brief re Admissibility of Summaries, Foreign Records, Plea Agreements, Scientific Evidence, and Chain of Custody
  135. Opposition to Defense Motions re Due Process, Vagueness, "Van Liew", and "Minarik" Problems
  136. Analysis of Minarik
  137. Sample Memorandum Supporting Motion Precluding Evidence of Selective Prosecution
  138. Sample Motion in Limine to Bar Evidence or Argument on Selective and/or Vindictive Prosecution
  139. Sample Memorandum re Willfulness and Good Faith
  140. Sample Sentencing memorandum— abuse of trust enhancement
  141. Sample Analysis Estimating Loss Based on Savings to Defendants
  142. Significant Factors That Affect Sentencing in FDCA Cases
  143. Appellate Brief Regarding Loss
  144. Appellate Brief Regarding Loss (continued)
  145. Points to Remember When Considering Seizure and Condemnation Actions Under the Food, Drug, and Cosmetic Act
  146. Brief Defending a Seizure Against an Attack Based on the Fourth Amendment
  147. Reply Brief Defending a Seizure Against an Attack Based on the Fourth Amendment
  148. Odometer Fraud Prosecutions— Agencies, Contacts and Resources
  149. Recodification of the Odometer Fraud Statutes
  150. Repealed Odometer Fraud Statutes
  151. Commonly Charged Odometer Tampering Offenses
  152. Subpoenas to Targets for Forensic Evidence
  153. Appeal Brief—Required Records
  154. Sample Letter—Required Records
  155. Sample Odometer Fraud Indictment
  156. Sample Odometer Fraud Indictment
  157. Sample Odometer Fraud Indictment
  158. Sample Trial Memorandum—Odometer Fraud
  159. Sample Trial Memorandum—Odometer Fraud
  160. Sample Trial Memorandum—Odometer Fraud
  161. Sample Odometer Fraud Jury Instructions
  162. Sample Response to Defense Motion re Mailing
  163. Sample Omnibus Response in a Multi-defendant Odometer Fraud Prosecution
  164. Proposed findings that can be used to support a complex case finding and exclusion of time under the Speedy Trial Act
  165. Sample Response To Motions To Dismiss Due To Alleged Multiplicity
  166. Restitution for Consumers
  167. Sample Government Application for Permission to Disclose Grand Jury Records for Restitution Purposes
  168. Sample Disclosure Order
  169. Evaluating the "Amount of Loss" for Sentencing in Odometer Fraud Cases
  170. Opposition to Defense Motions re Due Process, Vagueness, "Van Liew" and "Minarik" Problems
  171. Sentencing Guidelines Calculation
  172. Sample Odometer Fraud Indictment
  173. Sample Odometer Fraud Indictment
  174. Eppes Declaration
  175. Sample Government's Response to Defendant's Response and Objections to Presentence Report
  176. [RESERVED]
  177. Response to Objections to Presentence Report
  178. Sample Government Alborz Memorandum—Ninth Circuit
  179. Sample Government Alborz Memorandum—Fifth Circuit
  180. Probation Letter for Convictions Where the Count of Conviction Occurred Prior to November 1, 2001
  181. Probation Letter for Convictions Where the Count of Conviction Occurred in Whole or in Part After November 1, 2001
  182. Sample Government's Reply to Defendant's Sentencing Memorandum (part 1)
  183. Sample Government's Reply to Defendant's Sentencing Memorandum (part 2)
  184. Bankruptcy Jurisdiction of the District Courts
  185. Reference of Cases and Proceedings to the Bankruptcy Judges
  186. Scope of the Powers and Authority of Bankruptcy Judges
  187. Bankruptcy Jurisdiction—Personal Jurisdiction
  188. Bankruptcy Jurisdiction—Venue
  189. Bankruptcy Jurisdiction—Appellate Jurisdiction
  190. Termination of Bankruptcy Jurisdiction
  191. Sovereign Immunity—11 U.S.C. § 106(a)
  192. Sovereign Immunity—11 U.S.C. § 106(b)
  193. Sovereign Immunity—11 U.S.C. § 106(c)
  194. Limits of the § 106 Waiver of Sovereign Immunity
  195. Seminole Tribe and State Sovereign Immunity
  196. Bankruptcy Jurisdiction and Sovereign Immunity Statutory Addendum
  197. Jury Trials in Civil Cases
  198. Laches
  199. Limitations Statutes Applicable to Suits Against the Government
  200. Offset
  201. Recoupment and Setoff
  202. Priority for the Payment of Claims Due the Government
  203. Counterclaims Against the United States
  204. Counterclaim in Suits on Notes and Mortgages
  205. Estoppel
  206. Choice of Law
  207. Interest Recoverable by the Government
  208. Interest Recoverable From the Government
  209. Declaratory Actions
  210. Injunctions
  211. Mandamus
  212. Reformation
  213. Replevin
  214. Rescission
  215. Specific Performance
  216. Attorney's Fees
  217. Court Costs
  218. Costs Recoverable by the United States
  219. Costs Recoverable From the United States
  220. Sample Letter—Judgments and Stipulations
  221. Sample Letter—Back pay Judgments
  222. FMS Form 194—Judgment Fund Payment Request
  223. Monitoring of Payment Agreements by the Department of Veterans Affairs Debt Management Center (DMC)
  224. Memorandum from Attorney General— Coordination of Parallel Criminal, Civil, and Administrative