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Title 4
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Civil Resource Manual
United States Attorney General Opinion, January 14, 1879
United States Attorney General Opinion, February 19, 1902
United States Attorney General Opinion, October 2, 1934
United States Attorney General Opinion, January 30, 1879
United States Attorney General Opinion, December 14, 1868
United States Attorney General Opinion, May 8, 1929
United States Attorney General Opinion, July 11, 1894
United States Attorney General Opinion, January 17, 1900
United States Attorney General Opinion, October 24, 1933
United States Attorney General Opinion, August 26, 1881
United States Attorney General Opinion, August 7, 1911
United States Attorney General Opinion, June 3, 1919
United States Attorney General Opinion, November 27, 1895
United States Attorney General Opinion, March 7, 1935
Black Markets
GHB FDCA Violations
Sample Charges for GHB Felony Cases
GHB Probation Letter
Human Growth Hormone/Steroids Statutory Overview
FDCA Buy-Bust Prosecutions
Animal Drug ProsecutionsGenerally
Animal Drug ProsecutionsSample Indictment
Animal Drug ProsecutionsSample Indictment
Animal Drug ProsecutionsSample Jury Instructions
Animal Drug ProsecutionsSample Jury Instructions
Animal Drug ProsecutionsTrial MemorandumIntroduction and Background
Animal Drug ProsecutionsTrial MemorandumLegal Issues
Animal Drug ProsecutionsSample Memorandum re Expert Drug Testimony
Sample Memorandum re applying the "intent to defraud FDA" felony theory to an animal drug prosecutions
Immunity of the United States from Suit, Absent Express Consent
Consent to be Sued is Strictly Construed
Government Agencies are not Subject to Suit, Absent Statutory Waiver of Immunity
Immunity of Government Officers Sued as Individuals for Official Acts
Exhaustion of Administrative Remedies
Standing to Sue
Effect of Declaratory Judgment Act and Administrative Procedure Act
Indispensable Party
Venue
VenueGovernment as Plaintiff
VenueUnited States as Defendant
VenueGovernment Officers and Agencies as Defendants
Change of Venue
Service of Process
Service on Government Officers in Official Capacity, Agencies
Removal
Redelegation By Civil Division of Authority to Compromise Civil Claims
Court of Federal Claims Litigation
The Bankruptcy "Players"Outline
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Bankruptcy and the Government as RegulatorPart I
Bankruptcy and the Government as RegulatorPart II
Bankruptcy and the Government as RegulatorPart III
Avoidance PowersStrong-Arm Clause, Fraudulent Conveyances
Avoidance PowersPreferences, Statutory Liens, Postposition Transactions, Preferential Offsets, Limitations
Executory Contracts in Bankruptcy Introduction, Threshold Issues
Executory Contracts in Bankruptcy Assumption and Rejection
Executory Contracts in Bankruptcy Government and Special Contracts
Claims in Bankruptcy
Creditor's Claims in Bankruptcy ProceedingsThe Debtor-Creditor Relationship In Bankruptcy
Creditor's Claims in Bankruptcy ProceedingsThe Debtor-Creditor Relationship In Bankruptcy Allowance and Payment of Claims
Setoff and Recoupment in BankruptcySetoff
Setoff and Recoupment in BankruptcySetoff (cont'd)
Setoff and Recoupment in BankruptcyRecoupment
The Government as Secured Creditor
Appellate Procedures in Bankruptcy
The Contract Disputes Act
Protest of Contract Awards
Principles of Contract Interpretation
Ambiguities
Validity and Construction of Liquidated Damages Provisions
Claims of Mistakes in Bids
Nonappropriated Fund Instrumentality Claims
Quasi-Contractual Claims
Conversion of Property Mortgaged to the Government
Decedent's Estate
Devises and Bequests to the Government
VA Escheat Claims
VA Vesting Claims
GrantsBreach of Conditions
Guaranty Agreements
Medicare Overpayment Cases
Sureties
VA Loan Claims
Warranties
Warranty of Prior Endorsements on Checks
Transfer Restrictions and Remedies Under the Financial Privacy Act
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Social Security Act Review Procedures
Types of Judgments Authorized Under the Social Security Act
Priority of Liens
The "Who, What, When, Where, Why, and How" of Appeals in Bankruptcy ProceedingsGenerally
The "Who, What, When, Where, Why, and How" of Appeals in Bankruptcy ProceedingsStandard of Review, Mootness, etc.
"Materiality" in FDCA prosecutions
Solicitor General's Guidelines for Direct Certified Appeals in Bankruptcy Cases
Statutes Assigned to the Office of Consumer Litigation in 28 C.F.R. § 0.45(j)
Office of Consumer Litigation
Sample MemorandumIntent to Defraud Or Mislead
Elements of a Misdemeanor Offense Under the FDCA
Sample Jury Instructions for a Misdemeanor Food Adulteration Case
Sample Jury InstructionIntent to Defraud or Mislead
Sample Government's Motion in Limine re Knowledge and Intent
Model Subpoena and Practice Tips for an FDCA Investigation
Issues Regarding Medical Devices and Adulteration Or Misbranding Claims
Medical Device LawAn Overview
Sample Medical Device Indictment
Sample Medical Device Indictment
The Prescription Drug Marketing Act
Sample IndictmentPrescription Drug Marketing Act
Sample InformationPrescription Drug Marketing Act
Sample InformationPrescription Drug Marketing ActInstitutional Diversion
Sample InformationPrescription Drug Marketing ActStatement of Origin
Sample IndictmentFood Fraud ProsecutionConspiracy Count
Sample IndictmentFood Fraud ProsecutionMail and Wire Fraud Counts
Sample IndictmentFood Fraud ProsecutionMiscellaneous Counts
Sample IndictmentFood Fraud ProsecutionConspiracy Count
Sample IndictmentFood Fraud ProsecutionMiscellaneous Counts
Sample InformationIntroduction of Adulterated Food into Interstate Commerce
Sample Jury InstructionsFood FraudPattern Instructions
Sample Jury InstructionsFood FraudAdditional Instructions
Sample BriefEvidence of Scientific Testing in Food Fraud Cases
Response to Motion to Strike Surplusage
Sample Government's Opposition to Defendant's Motion to Strike Surplusage
Sample United States' Memorandum in Opposition to Defendants' Motion to Strike Surplusage From Indictment
Sample Memorandum re Surplusage
Sample Memorandum re Multiplicity
Sample Memorandum re Multiplicity
Response to Motions Concerning Multiplicity and Surplusage
Sample Trial Brief Re Elements of Violations of the FDCA Contained in 21 U.S.C. § 331(A) and § 331(K)
Sample Trial Brief re Admissibility of Summaries, Foreign Records, Plea Agreements, Scientific Evidence, and Chain of Custody
Opposition to Defense Motions re Due Process, Vagueness, "Van Liew", and "Minarik" Problems
Analysis of Minarik
Sample Memorandum Supporting Motion Precluding Evidence of Selective Prosecution
Sample Motion in Limine to Bar Evidence or Argument on Selective and/or Vindictive Prosecution
Sample Memorandum re Willfulness and Good Faith
Sample Sentencing memorandum abuse of trust enhancement
Sample Analysis Estimating Loss Based on Savings to Defendants
Significant Factors That Affect Sentencing in FDCA Cases
Appellate Brief Regarding Loss
Appellate Brief Regarding Loss (continued)
Points to Remember When Considering Seizure and Condemnation Actions Under the Food, Drug, and Cosmetic Act
Brief Defending a Seizure Against an Attack Based on the Fourth Amendment
Reply Brief Defending a Seizure Against an Attack Based on the Fourth Amendment
Odometer Fraud Prosecutions Agencies, Contacts and Resources
Recodification of the Odometer Fraud Statutes
Repealed Odometer Fraud Statutes
Commonly Charged Odometer Tampering Offenses
Subpoenas to Targets for Forensic Evidence
Appeal BriefRequired Records
Sample LetterRequired Records
Sample Odometer Fraud Indictment
Sample Odometer Fraud Indictment
Sample Odometer Fraud Indictment
Sample Trial MemorandumOdometer Fraud
Sample Trial MemorandumOdometer Fraud
Sample Trial MemorandumOdometer Fraud
Sample Odometer Fraud Jury Instructions
Sample Response to Defense Motion re Mailing
Sample Omnibus Response in a Multi-defendant Odometer Fraud Prosecution
Proposed findings that can be used to support a complex case finding and exclusion of time under the Speedy Trial Act
Sample Response To Motions To Dismiss Due To Alleged Multiplicity
Restitution for Consumers
Sample Government Application for Permission to Disclose Grand Jury Records for Restitution Purposes
Sample Disclosure Order
Evaluating the "Amount of Loss" for Sentencing in Odometer Fraud Cases
Opposition to Defense Motions re Due Process, Vagueness, "Van Liew" and "Minarik" Problems
Sentencing Guidelines Calculation
Sample Odometer Fraud Indictment
Sample Odometer Fraud Indictment
Eppes Declaration
Sample Government's Response to Defendant's Response and Objections to Presentence Report
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Response to Objections to Presentence Report
Sample Government Alborz MemorandumNinth Circuit
Sample Government Alborz MemorandumFifth Circuit
Probation Letter for Convictions Where the Count of Conviction Occurred Prior to November 1, 2001
Probation Letter for Convictions Where the Count of Conviction Occurred in Whole or in Part After November 1, 2001
Sample Government's Reply to Defendant's Sentencing Memorandum (part 1)
Sample Government's Reply to Defendant's Sentencing Memorandum (part 2)
Bankruptcy Jurisdiction of the District Courts
Reference of Cases and Proceedings to the Bankruptcy Judges
Scope of the Powers and Authority of Bankruptcy Judges
Bankruptcy JurisdictionPersonal Jurisdiction
Bankruptcy JurisdictionVenue
Bankruptcy JurisdictionAppellate Jurisdiction
Termination of Bankruptcy Jurisdiction
Sovereign Immunity11 U.S.C. § 106(a)
Sovereign Immunity11 U.S.C. § 106(b)
Sovereign Immunity11 U.S.C. § 106(c)
Limits of the § 106 Waiver of Sovereign Immunity
Seminole Tribe and State Sovereign Immunity
Bankruptcy Jurisdiction and Sovereign Immunity Statutory Addendum
Jury Trials in Civil Cases
Laches
Limitations Statutes Applicable to Suits Against the Government
Offset
Recoupment and Setoff
Priority for the Payment of Claims Due the Government
Counterclaims Against the United States
Counterclaim in Suits on Notes and Mortgages
Estoppel
Choice of Law
Interest Recoverable by the Government
Interest Recoverable From the Government
Declaratory Actions
Injunctions
Mandamus
Reformation
Replevin
Rescission
Specific Performance
Attorney's Fees
Court Costs
Costs Recoverable by the United States
Costs Recoverable From the United States
Sample LetterJudgments and Stipulations
Sample LetterBack pay Judgments
FMS Form 194Judgment Fund Payment Request
Monitoring of Payment Agreements by the Department of Veterans Affairs Debt Management Center (DMC)
Memorandum from Attorney General Coordination of Parallel Criminal, Civil, and Administrative