2434

Investigative Jurisdiction—29 U.S.C. 439

Pursuant to the Memorandum of Understanding of February 16, 1960, between the Secretary of Labor and the Attorney General, investigative authority with respect to labor reporting provisions (29 U.S.C. §§ 431 to 441) remains with the United States Department of Labor. See 29 U.S.C. §  521. The Memorandum permits different investigative arrangements to be made by the two Departments on a case-by-case basis. While the Department of Labor may use its investigative authority in order to pursue civil actions for injunctive and other appropriate relief with respect to reporting violations (29 U.S.C. § 440), evidence gathered during the course of such investigations and which warrant consideration for criminal prosecution under the Act or other Federal law must be furnished to the Department of Justice. See 29 U.S.C. §  527. Where a Department of Labor investigation which has been conducted to 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 can result in unnecessary expense and duplication of function. This situation may also result in practical difficulties with respect to the production of witness statements under 18 U.S.C. § 3500 and in regard to admissions and confessions by the accused. Depending on the facts of a given case and the stage of a particular investigation, therefore, the United States Attorney should determine the best method of achieving successful completion of the case. See this Manual at 2416 (Investigative Jurisdiction for Embezzlement and Theft from Labor Organizations). [cited in USAM 9-136.030]