Investigative Jurisdiction29 U.S.C. 439
Pursuant to the Memorandum of Understanding of February 16, 1960,
between the Secretary of Labor and the Attorney General, investigative
with respect to labor reporting provisions (29 U.S.C. §§ 431 to
remains with the United States Department of Labor. See 29 U.S.C.
521. The Memorandum permits different investigative arrangements to be made
the two Departments on a case-by-case basis. While the Department of Labor
use its investigative authority in order to pursue civil actions for
and other appropriate relief with respect to reporting violations (29 U.S.C.
§ 440), evidence gathered during the course of such investigations and
warrant consideration for criminal prosecution under the Act or other
must be furnished to the Department of Justice. See 29 U.S.C.
Where a Department of Labor investigation which has been conducted
discover whether a reporting or record-keeping violation has occurred
simultaneously develops an embezzlement based on the same factual situation,
reinvestigation of the embezzlement by the Federal Bureau of Investigation
result in unnecessary expense and duplication of function. This situation
also result in practical difficulties with respect to the production of
statements under 18 U.S.C. § 3500 and in regard to admissions and
by the accused. Depending on the facts of a given case and the stage of a
particular investigation, therefore, the United States Attorney should
the best method of achieving successful completion of the case. See
Manual at 2416 (Investigative Jurisdiction for
Embezzlement and Theft from Labor Organizations).
[cited in USAM 9-136.030]