5-4.1 REPORT OF DECLINATION TO THE ATTORNEY GENERAL
The United States Attorney is required to report cases that have been declined for investigation or prosecution to the Attorney General through the Fraud Section of the United States Department of Justice, Criminal Division. See 18 U.S.C. § 3057(b). In the absence of any comment by the Fraud Section, it is presumed that the Attorney General concurs in the United States Attorney's decision.
5-4.2 APPEAL OF DECISION BY UNITED STATES ATTORNEY NOT TO PROSECUTE
If a United States Trustee disagrees with a decision by the United States Attorney not to investigate or prosecute, the United States Trustee should attempt to resolve the disagreement with the supervisory Assistant United States Attorney or the United States Attorney. If no resolution is reached, the United States Trustee may, in consultation with the General Counsel, seek approval of the Deputy Director to request formal reconsideration by the Fraud Section of the Criminal Division