47.

Standards for FBI Investigation—Procedures when Local, State, or Federal Agencies Are Investigating Same Incident

From time to time questions have arisen concerning the procedures to be followed by the FBI in conducting investigations of alleged violations of criminal civil rights statutes when local or state agencies are simultaneously conducting an investigation of the same incident. Departmental policy in such circumstances is as follows: Upon receipt of information by the FBI sufficient to justify initiation of a civil rights investigation, an investigation should be conducted regardless of the fact that a local or state investigation of the same incident is also being conducted. If, during the course of the FBI's investigation, state or local criminal charges arising out of the incident are filed against the subject(s), the FBI's investigation should be suspended and the United States Attorney and FBIHQ should be notified of the nature of the criminal charges and the likely timetable for prosecution of such charges. In all other situations, the investigation should continue to completion. Exceptions to this procedure may be necessary on infrequent occasions. Authority should be sought from FBIHQ on such occasions before discontinuing the investigation in the absence of filing of state or local criminal charges against the subject(s).