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4. Memorandum Seeking Grand Jury Authority

A memorandum from a United States Attorney to the Antitrust Division requesting approval to impanel a grand jury to investigate a possible antitrust violation should include the following information (see generally USAM 7-5.210):

  1. The companies, individuals, industry and commodity involved in the investigation;
  2. The relevant statute(s);
  3. The geographic area involved and judicial district where the investigation will be conducted;
  4. The nature of the alleged violation;
  5. The basis for concluding a grand jury is warranted; and
  6. The factors that make the investigation appropriate for investigation by the USA rather than the Antitrust Division.

[cited in USAM 7-5.310]

Updated December 18, 2015