8-3.010
Introduction
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The United States Attorney is responsible for the
enforcement of criminal civil rights statutes in accordance with the
procedures set forth below. The Criminal Section oversees the enforcement of
the criminal civil rights statutes administered by the Civil Rights
Division. The principal statutes are 18 U.S.C. § 241 (conspiracy
to injure citizens in the exercise of federal rights); 18 U.S.C.
§ 242 (willful deprivations of federal rights under color of law);
18 U.S.C. § 245 (interference with federally protected
activities); 18 U.S.C. § 247 (damage to religious property); 18
U.S.C. § 248 (Freedom of Access to Clinic Entrances);
18 U.S.C. § 249 (Hate Crime Acts); 42 U.S.C.
§ 3631 (interference with fair housing activities); 18 U.S.C.
§ 1581 (peonage); 18 U.S.C. § 1584 (involuntary
servitude); 18 U.S.C. § 1589 (forced labor); 18 U.S.C.
§ 1590 (trafficking with respect to slavery); 18 U.S.C.
§ 1591 (sex trafficking); and 18 U.S.C. § 1592 (document
confiscation in furtherance of slavery).
A detailed description of the Criminal Section, an explanation of the
various statutes, and sample forms, are included in the Civil Rights Resource Manual at 33 et seq.
[updated October 2009]
8-3.100
Coordination of Activities
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The Civil Rights Division and the United States Attorneys' Offices
(USAOs) will work as partners to ensure a vigorous national civil rights
enforcement program. The purpose of this chapter is to provide guidance to
the United States Attorneys and the Criminal Section of the Civil Rights
Division in carrying out their responsibilities in the investigation and
prosecution of violations of criminal civil rights statutes in a manner that
(1) encourages initiative on the part of individual United States Attorneys
and draws upon their litigation expertise and knowledge of the local
community; and (2) utilizes the trial expertise and institutional knowledge
of the Criminal Section of the Civil Rights Division. Cooperative
prosecutions and investigations utilizing attorneys from both the Criminal
Section and the USAOs can be particularly successful and can provide
valuable benefits in the enforcement of these statutes. When it is
appropriate for either the Civil Rights Division or a USAO to act
independently on a matter in a particular district, the office initiating
the activity should ensure that the other office is notified in advance of
the activity. Specifically, prior to initiating any significant activity in
a district, the Civil Rights Division shall provide notice to the designated
contact attorney for the USAO. Similarly, USAOs shall advise the Civil
Rights Division of matters not already being monitored by the Civil Rights
Division which appear likely to result in inquiries to the Civil Rights
Division.
[updated October 2009]
8-3.110
Initiation of FBI Investigations
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Absent emergency circumstances, the Civil Rights Division shall fax a
copy of any initiating FBI investigative request to the designated point of
contact for the United States Attorney in the relevant district
simultaneously when the request is forwarded to FBI headquarters to allow
for any input from the United States Attorney's Office (USAO) before FBI
headquarters forwards the request to the field. Similarly, the USAO shall
either call with the information or fax a copy of any initiating FBI
investigative request to the Chief of the Criminal Section of the Civil
Rights Division.
8-3.120
Staffing of Cases
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Subject to the general principles contained herein, either the Civil
Rights Division or a United States Attorney's Office (USAO) may investigate
and prosecute on its own any type of criminal civil rights violation.
At the outset of a criminal investigation initiated by a USAO that may
implicate federal criminal civil rights statutes, including human
trafficking and involuntary servitude statutes (18 U.S.C.
§§ 1581 - 1594), and in no event later than ten days before
the commencement of the examination of witnesses before a grand jury), the
United States Attorney shall advise the Civil Rights Division in writing of
the new investigation. In cases involving sex trafficking of minors in
violation of 18 U.S.C. § 1591, the Child Exploitation and
Obscenity Section of the Criminal Division should also receive notification.
The notification should be by letter or electronic mail and contain the
following information: (a) identity of the targets of the investigation; (b)
the factual allegations to be investigated; (c) the statutes which may have
been violated; (d) the United States Attorney's assessment of the
significance of the case and whether the case is one of "national interest,"
as defined below; and (e) the United States Attorney's proposed staffing of
the matter (including whether a Civil Rights Division attorney should be
assigned to work directly on the matter). The United States Attorney will
advise the Civil Rights Division as the case develops of new information
relating to the United States Attorney's assessment of the case and whether
it is one of "national interest."
The staffing proposal of the United States Attorney will be given
deference by the Civil Rights Division. If the Civil Rights Division does
not express disagreement with a staffing proposal by the United States
Attorney within three business days, the proposal is deemed acceptable. The
Assistant Attorney General of the Civil Rights Division retains the final
and on-going authority to determine the staffing of any criminal civil
rights matter.
[updated November 2002] [cited in
USAM 8-3.200;
USAM 9-2.400;
USAM 9-75.030]
8-3.130
Cases of National Interest
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A case is of "national interest" if it is a case that presents important
public policy considerations; a novel issue of law; a case that because of
peculiar facts and circumstances, may set important precedent; a case with
simultaneous investigations in multiple districts (unless the United States
Attorney's Office (USAO) in each district and the Civil Rights Division
conclude that national interests are not involved); a case with
international or foreign policy implications; an urgent or sensitive case;
or a case that substantially affects the uniform application of the law. A
case involving a violation of the federal criminal civil rights laws
resulting in death is presumed to be a case of national interest. In a case
of national interest, the Assistant Attorney General, in consultation with
the United States Attorney, may require that the USAO and the Civil Rights
Division participate jointly as co-counsel from the initiation of the
investigation through prosecution, taking in to consideration all of the
circumstances, including the experience of the particular USAO and the
efficient use of government resources. The Assistant Attorney General for
Civil Rights shall have the ultimate authority to determine whether a case
is of "national interest", considering all relevant factors and in
consultation with the United States Attorney.
8-3.140
Advance Notice/Prior Approvals of Indictments
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United States Attorneys need not obtain prior authorization by the Civil
Rights Division to indict criminal civil rights cases, unless the case has
been deemed by the Assistant Attorney General as a case of national interest
or unless approval is required by statute. Prior to presenting any civil
rights case for indictment, however, the United States Attorney shall
provide written notification to the Civil Rights Division of the intention
to seek an indictment or to file a felony information. This notification
should occur at least 10 business days before the indictment will be
presented to the grand jury, except in emergencies when time is of the
essence. The notification should be accompanied by a copy of the proposed
indictment and any existing prosecutive memorandum. United States Attorneys
are encouraged to provide even earlier notice as a general practice in order
to take full advantage of the expertise of the Civil Rights Division.
Even in those cases in which the United States Attorney need not obtain
prior authorization to indict, if there exists a significant issue affecting
the Department's enforcement of federal civil rights laws, then the
Assistant Attorney General may exercise the ultimate authority to disapprove
the prosecution.
If prior approval to indict a civil rights matter is required because
the case has been deemed by the Assistant Attorney General to be a case of
national interest or because approval is required by
statute, the United States Attorney will provide to the Civil Rights
Division a copy of the proposed indictment and any prosecutive memorandum at
least 10 business days in advance of the time when the indictment will be
presented to the grand jury. The Civil Rights Division will communicate its
authorization decision within 10 business days of receipt of the proposed
indictment, unless certification by ranking Department officials is required
by law (Sections 245 and 247).
[cited in
USAM 8-3.200]
8-3.150
Declinations
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The United States Attorneys may decline cases in their offices by orally
advising the FBI, which declination shall then be reflected in the
investigative report submitted by the FBI.
In all cases resulting in death, the Civil Rights Division will continue
to obtain the concurrence of the United States Attorney before closing any
such case.
Ultimate declination authority in any case arising under the federal
civil rights laws resides with the Assistant Attorney General for Civil
Rights.
8-3.160
Appeals
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Appeals in civil rights cases are supervised by the Appellate Section of
the Civil Rights Division. For United States Attorneys' responsibilities in
the handling of criminal appeals. See
USAM 2-3.210.
8-3.170
Cooperation with State Prosecutions
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Frequently, conduct which deprives persons of federally protected rights
in violation of federal law also violates state law. In such cases, where
state and local authorities undertake vigorous prosecution in state courts,
it is Department policy to cooperate fully with the local prosecutor.
Any release of reports of investigation should be in accordance with 28
C.F.R. Part 16.
8-3.180
Subpoenas Issued to FBI Agents
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Occasionally FBI agents are subpoenaed to appear to testify in local
proceedings or even in federal proceedings to which the United States is not
a party. Quite often the subpoena is issued on behalf of a state defendant
in a criminal case seeking to obtain the results of an FBI investigation
into alleged police mistreatment of the defendant. The Department's policy
is to resist such a subpoena except where the FBI agent can give eyewitness
testimony like any other witness. See 28 C.F.R., Part 16.
When subpoenas are issued to Department of Justice attorneys or agents
for either testimony or records in any civil rights matter, the Assistant
Attorney General has ultimate authority to determine the Department's
position regarding compliance with the subpoena. Any motions to quash or
related proceedings should be handled by the United States Attorney's Office
in consultation with the Civil Rights Division. See the Civil Rights Resource Manual at 48.
8-3.190
Notification to Parties of Closing File
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The Criminal Section has developed a procedure for routine notification,
at the time a file is closed by the Criminal Section, of sending
computer-generated form letters to victims, complainants, subjects and heads
of agencies in all investigations of police misconduct. Copies of the form
letters are included in the Civil Rights Resource
Manual at 37 et seq. No letters are sent in racial violence, FACE, or
slavery matters. It is important that United States Attorneys advise the
Criminal Section as soon as possible of any matters involving police
misconduct which they believe may have prosecutive merit, not more than 30
days after receipt of the final FBI report in the matter. Notice letters
will not be sent in any matter in which a United States Attorney's Office
has expressed an interest in prosecution or further investigation.
8-3.195
Production or Disclosure in Federal And State Proceedings of
Material or Information in Civil Rights Division Files
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General procedures to be followed by Department of Justice employees in
responding to demands for Department information in federal and state
proceedings are contained in 28 C.F.R. Part 16. The Division's specific
procedures are set forth in the Civil Rights
Resource Manual at 48.
[cited in
USAM 8-2.190]
8-3.200
Prior Approvals
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