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Civil Division

The Civil Division represents the United States in all civil litigation involving the federal government in the Western District of North Carolina. The U.S. Attorney for the Western District of North Carolina can be served with civil litigation papers either by hand delivery or by mailing a copy at:
 

The Charlotte Office:

United States Attorney
Western District of North Carolina
Suite 1650, Carillon Building
227 W. Trade Street
Charlotte, NC 28202

The Asheville Office:

United States Attorney
Western District of North Carolina
Room 233, US Courthouse
100 Otis Street
Asheville, NC 28801

The Civil Division defends the interests of the United States in cases where federal agencies are sued for alleged conduct by their officers or employees. These defensive matters include actions seeking monetary damages for personal injury, medical malpractice, employment discrimination, prisoner litigation, judicial review of agency decisions, such as Social Security disability cases, and actions for injunctive relief, which challenge a federal agency's compliance with federal law or the Constitution.

In addition to its defensive role, the Civil Division brings affirmative litigation on behalf of the United States. These cases seek monetary reimbursement, penalties, and damages pursuant to the False Claims Act, where persons or entities have made false claims to a federal agency. An example of such action would include false statements made to Medicare or Medicaid by health care organizations. Other affirmative litigation includes mortgage foreclosures on behalf of the Departments of Agriculture and Housing and Urban Development, negligence actions, land condemnation, affirmative environmental cases, and litigation conducted under the Fair Housing Act and the Americans With Disabilities Act (ADA).

Affirmative Civil Enforcement (“ACE”) refers civil lawsuits filed by or on behalf of the United States to recover government money lost to fraud or other misconduct, or to impose penalties for violations of Federal health, safety, civil rights or environmental laws. Many of these cases result from whistleblower lawsuits under the Federal False Claims Act, which affords the United States with a cause of action for false or fraudulent claims made against the government. The False Claims Act provides for recovery of up to triple the amount of damages incurred by the United States, plus a penalty for each violation. Whistleblowers, called relators under the False Claims Act, may be eligible to receive a percentage of the government’s recovery as a reward for reporting the fraud.

To report fraud and abuse against the Federal government, please contact us at:
ACE Coordinator
U.S. Attorney’s Office
227 West Trade St.
Suite 1650
Charlotte, NC 28202
704-344-6222

As part of its role in affirmative litigation, the Financial Litigation Unit of the Civil Division diligently pursues debts owed to the United States in the form of defaulted student loans, criminal fines and restitution owed after sentencing, and unpaid judgments in favor of the United States. Affirmative civil enforcement produces funds which can equal or exceed the yearly cost of administering the United States Attorney's office.

The Civil Division also processes requests for information under the Freedom of Information Act, represents the federal government in commercial litigation cases such as bankruptcy and foreclosure matters involving the United States as a creditor or lien holder, secures forfeiture of property used in criminal activities, and represents individual government employees when they are sued in connection with their federal employment.

The Civil Division's Asset Recovery is comprised of attorneys and staff focused on the recovery of assets for forfeiture to the United States, for payment to victim restitution, and for payment of criminal assessments and fines levied by the courts. With regard to forfeiture, the unit focuses on removing both the instrumentalities and profits of crime. Where possible and appropriate, recovered and substitute assets are liquidated and remitted to the courts for payment of victim restitution. With regard to restitution, the unit works to ensure victims and their losses are identified and compensated from any and all available assets. This works begins at the outset of the case and continues for the lifetime of the criminal judgment.

Updated August 29, 2018

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