DEPARTMENT OF JUSTICE
Office of the Attorney General
28 CFR Part 0, A.G. Order No. 1598-92
Redelegations of Authority to
United States Attorneys, Deputy Assistant Attorneys General,
Section Chiefs, and Director, Asset Forfeiture Office,
in the Criminal Division
AGENCY: Department of Justice.
ACTION: Final rule.
SUMMARY: This Order is the Criminal Divisions implementation of
the first increase in the settlement and compromise authority delegated
to the Assistant Attorneys General since 1981. It provides a
corresponding increase in the settlement and compromise authority
redelegated to United States Attorneys, Deputy Assistant Attorneys
General, Section Chiefs, and the Director, Asset Forfeiture Office, in
the Criminal Division, to further the efficient operation of the
Department of Justice.
EFFECTIVE DATE: [Insert date of publication in the FEDERAL REGISTER.]
FOR FURTHER INFORMATION CONTACT: Lee J. Radek, Director, Asset
Forfeiture Office, Criminal Division, Department of Justice, Washington,
D.C. 20530, 202-514-1263.
SUPPLEMENTARY INFORMATION: This Order conforms the redelegations of the
Assistant Attorney General's authority to compromise civil penalties and
forfeitures and close civil claims to subpart Y, part 0, title 28 of the
Code of Federal Regulations (CFR), 0.160, 0.164. 0.165, and 0.168 as
amended by the Attorney General (Order No. 1478-91, 56 FR 8923-24, March
4, 1991). Subject to limitations set forth in 0.160(c) and 0.168(a),
0.168(d) provides that redelegations of this authority by Assistant
Attorneys General to United States Attorneys will include the authority:
(1) to accept offers in compromise in cases involving original claims by
the United Sates of not more than $500,000; (2) to accept offers in
compromise in cases involving original claims by the United States
between $500,000 and $5,000,000, so long as the difference between the
original claim and the proposed settlement does not exceed 15 percent of
the original claim; and (3) to accept offers in compromise of claims
against the United States in cases where the principal amount of the
proposed settlement does not exceed $500,000.
This Order supersedes Criminal Division Directive No. 116 (48 FR
50712-13, November 3, 1983), which contains the current redelegation of
the authority of the Assistant Attorney General, Criminal Division, to
compromise civil penalties and forfeitures and close civil claims.
This Order is exempt from the requirements of Executive Order 12291
as a regulation related to agency organization and management.
Furthermore, this Order will not have a significant economic impact on a
substantial number of small entities because its effect is internal to
the Department of Justice. 5 U.S.C. 605(b).
List of Subjects in 28 CFR Part 0
Authority delegations (Government agencies), Organization and
functions (Government agencies), Penalties, Seizures and forfeitures.
Accordingly, 28 CFR Part 0 is amended as follows:
PART O - ORGANIZATION OF THE DEPARTMENT OF JUSTICE
- The authority citation for Part 0 continues to read as
follows:
AUTHORITY: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-19.
- The Appendix to Subpart Y of Part 0 is amended by removing
Criminal Division Directive No. 116.
- The Appendix to Subpart Y of Part 0 is further amended by adding
Order No. [___] to read as follows:
[Order No. ___]
REDELEGATIONS OF AUTHORITY TO UNITED STATES ATTORNEYS, DEPUTY ASSISTANT
ATTORNEYS GENERAL, SECTION CHIEFS, AND DIRECTOR, ASSET FORFEITURE
OFFICE, IN THE CRIMINAL DIVISION
By virtue of the authority vested in me by part 0 of title 28 of
the Code of Federal Regulations, as amended, particularly §§
0.160, 0.162, 0.164, 0.168 and 0.171, it is hereby ordered as follows:
(a) (1) Each U.S. Attorney is authorized in cases delegated to the
Assistant Attorney General of the Criminal Division--
- To accept or reject offers in compromise of--
- Claims in behalf of the United States in all cases
(other than forfeiture cases) in which the original claim $500,000, and
in all cases in which the original claim was between $500,000 and
$5,000,000, so long as the difference between the gross amount of the
original claim and the proposed settlement does not exceed 15 percent of
the original claim; and in all civil or criminal forfeiture cases,
except that the U.S. Attorney shall consult with the Asset Forfeiture
Office of the Criminal Division before accepting offers in compromise or
plea offers in forfeiture cases in which the original claim was
$5,000,000 or more, and in forfeiture cases in which the original claim
was between $500,000 and $5,000,000, when the difference between the
gross amount of the original forfeiture sought and the proposed
settlement exceeds 15 percent of the original claim and
- Claims against the United States in all cases, or in
administrative actions to settle, in which the amount of the proposed
settlement does not exceed $500,000; and
- To close (other than by compromise or entry of judgment) claims
asserted by the United States in all cases (other than forfeiture cases)
in which the gross amount of the original claim does not exceed
$500,000, and in all civil or criminal forfeiture cases, except that the
U.S. Attorney shall consult with the Asset Forfeiture Office of the
Criminal Division before closing a forfeiture case in which the gross
amount of the original forfeiture sought is $500,000 or more.
- This subsection does not apply--
- When, for any reason, the compromise or closing of a
particular claim (other than a forfeiture case) will, as a practical
matter, control or adversely influence the disposition of other claims
which, when added to the claim in question, total more than the
respective amounts designated above;
- When the U.S. Attorney is of the opinion that because of a
question of law or policy presented, or for any other reason, the matter
should receive the personal attention of the Assistant Attorney General;
- When a settlement converts into a mandatory duty the otherwise
discretionary authority of an agency or department to revise, amend, or
promulgate regulations;
- When a settlement commits a department or agency to expend funds
that Congress has not appropriated and that have not been budgeted for
the action in question, or commits a department or agency to seek a
particular appropriation or budget authorization; or
- When a settlement limits the discretion of a Secretary or agency
administrator to make policy or managerial decisions committed to the
Secretary or agency administrator by Congress or by the
Constitution.
(b) Notwithstanding the provisions of this Order, the Assistant
Attorney General of the Criminal Division may delegate to U.S. Attorneys
authority to compromise or close other cases, including those involving
amounts greater than as set forth in paragraph (a) above, and up to the
maximum limit of his authority, where the circumstances warrant such
delegation.
(c) All other authority delegated to me by §§ 0.160, 0.162,
0.164 and 0.171 of title 28 of the Code of Federal Regulations not
falling within the limitations of paragraph (a) of this Order is hereby
redelegated to Section Chiefs in the Criminal Division, except that--
- The authority delegated to me by §§ 0.160,
0.162, 0.164 and 0.171 of that title relating to conducting, handling,
or supervising civil and criminal forfeiture litigation (other than bail
bond forfeiture), including acceptance or denial of petitions for
remission or mitigation of forfeiture, is hereby redelegated to the
Director of the Asset Forfeiture Office; and
- When a Section Chief or the Director of the Asset Forfeiture
Office is of the opinion that because of a question of law or policy
presented, or for any other reason, a matter described in paragraph (c)
should receive the personal attention of a Deputy Assistant Attorney
General or Assistant Attorney General, he shall refer the matter to the
appropriate Deputy Assistant Attorney General or to the Assistant
Attorney General.
(d) Notwithstanding any of the above redelegations, when the agency
or agencies involved have objected in writing to the proposed closing or
dismissal of a case, or to the acceptance or rejection of an offer in
compromise, any such unresolved objection shall be referred to the
Assistant Attorney General for resolution.
MAY 19, 1992 /s/
Date Robert S. Mueller, III
Assistant Attorney General
Criminal Division
Approved:
June 5, 1992 /s/
Date Wayne A. Budd
Associate Attorney General
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