Civil
The Civil Division represents the United States in all civil actions brought by or against the United States in both federal and states courts of law. The division represents the interests of the federal government in civil litigation involving the United States, its departments and agencies, and federal employees
Civil cases represent a significant portion of the caseload of the United States Attorney’s Office and cover a broad and diverse subject matter. The Civil Division affirmatively litigates cases related to health care fraud; government contract fraud; environmental enforcement; civil rights enforcement; federal mortgage foreclosures; Internal Revenue Service summons enforcement; Medical Care Recovery Act (subrogation); collection of restitution for crime victims; and collection of civil debts.
By statute, all lawsuits that are filed against the government, or in which the government is a party, must be defended, and the Civil Division defends the interests of the federal government in the lawsuits filed in the Southern District of Indiana. These cases include litigation related to bankruptcy, torts, employment discrimination, Freedom of Information Act/Privacy Act, third party subpoenas issued against federal agencies and employees, immigration, state mortgage foreclosure, and Social Security disability.
DEFENSIVE LITIGATION
The Civil Division represents the United States, and its agencies, officers, and employees sued in connection with actions taken while performing official duties in many types of civil cases, including the following:
- Medical malpractice cases
- Employment discrimination cases
- Immigration mandamus cases
- Bivens-type civil rights cases
- Environmental cases
- Tort cases, such as automobile accidents and slip and fall cases
- Social Security disability appeals
In addition to the above, the Civil Division is responsible for matters involving the following:
- Administrative Procedures Act
- Freedom of Information Act
- Post conviction prisoner litigation
- Summons, subpoenas, and lien enforcement
AFFIRMATIVE LITIGATION
The Civil Division also files cases against defendants to recover damages and civil penalties arising from federal program or procurement fraud, primarily under the False Claims Act. Most of these cases involve health care fraud and other contract fraud against government agencies.
STATE COURT FORECLOSURES
The Civil Division is responsible for representing government agencies in all state court foreclosure actions, also known as 2410s. These agencies normally include, but are not limited to, the Internal Revenue Service, the Department of Agriculture, and the Department of Housing and Urban Development.
BANKRUPTCY LITIGATION
The Civil Division is responsible for representing government agencies in Bankruptcy Court. These agencies normally include, but are not limited to, the Internal Revenue Service, the Department of Agriculture, and the Department of Education.
ASSET RECOVERY LITIGATION
The Civil Division’s Asset Recovery Unit is responsible for the enforcement of criminal and civil asset forfeiture and cases involving monetary penalties, consisting of restitution, fines, and special assessments, imposed as part of sentences in federal criminal cases, and the collection of debts resulting from unpaid federal loans. The Financial Litigation Program conducts financial investigations and implements criminal and civil statutes to recover assets to satisfy criminal and civil monetary judgments.