ATTORNEY GENERAL

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NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. The list should be sent to the Executive Office, Attention: Facilities Management and Support Services Staff. The Principles of Federal Prosecution of Business Organizations chapter was updated briefly in November 2017, to amend the , including the disclosure of relevant facts, and again in May 2018, to criminal prosecution.

It also does not override statutes, rules or regulations governing the use of specific types of government property, such as electronic mail, and 41 C. If they have any questions with respect to this authority, they should contact the Legal Counsel, EOUSA. § 207 b 1 when it should now refer to § 207 a 2 , and § 2637. Approval may be granted only on the basis of a written determination by the Director, EOUSA, that in the mind of a reasonable person with knowledge of the circumstances, purchase or use by the employee of the asset will not raise a question as to whether the employee has used his or her official position or nonpublic information to obtain or assist in an advantageous purchase or create an appearance of loss of impartiality in the performance of the employee's duties.

ATTORNEY GENERAL

Maintenance 5 HOW TO CITE THIS MANUAL 5 October 1, 1988 1 CHAP. I UNITED STATES ATTORNEYS' MANUAL 1-1. Attorneys, and Department attorneys responsible for the prosecution of violations of federal law. It contains general policies and procedures relevant to the work of the U. Attorneys' offices and to their relations with the legal divisions, investigative agencies, and other components within the Department of Justice. The Manual provides only internal Department of Jus'tice guidance. It is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal. Nor are any limitations hereby placed on otherwise lawful litiga-tire prerogatives of the Department of Justice. Attorneys, the Litigating Divisions, the Executive Office for U. Attorneys, and the Justice Management Division. Attorneys coordinates the periodic revision of the Manual in consultation with the Attorney General, Deputy Attorney General and Associate Attorney General. This Manual is intended to be comprehensive. When the contents of this Manual conflicts with earlier Department statements, except for Attorney General's statements, the Manual will control. Should a situation arise in which a Department policy statement predating the Manual relates to a subject not addressed in the Manual, the prior statement controls, but this situation should be brought to the attention of the Executive Office for U. Attorneys, Manual Staff, PAT Building, Rm. For the relationship between this Manual and Department communications issued after its publication, see USAM 1-1. Code, a cross reference table to the Code of Federal Regulations, and an individual index. A comprehensive prior approval listing, U. Table and general index are also included. Each volume is described below: Vol. I -- Titles 1 to 3 GENERAL, APPEALS and EOUSA Vol. II -- Titles 4 to 8 CIVIL, LAND and NATURAL RESOURCES, TAX, ANTITRUST, and CIVIL RIGHTS Vol. III -- Title 9 CRIMINAL Vol. IV -- PRIOR APPROVALS, U. TABLE, GENERAL INDEX For easy reference, the Manual is also available on the Justice Retriev-al Inquiry System JURIS. It is issued to be used in conjunction with official duties and must be returned to the appropriate administrative officer prior to leaving Department employ. All materials contained in the U. Attorneys' Manual, unless specifically designated to the contrary, are subject to the provisions of Title 5, U. Accordingly, this Manual must be made available for public inspection and copying pursuant to 28 C. The Manual is available for public inspection at all depository libraries, law school libraries, and the Library of Congress. Attorneys and is distributed in bulk to the administrative officer of each U. Attorney's Office or Division. United States Attorneys' U. Attorneys offices: Library Branch office library Division Chief Assistant U. Legal Divisions: Assistant Attorneys General Library C. Officesr Boards and Bureaus: Director Library One complete set One complete set One complete set One complete set Those volumes as required for efficient Job performance. One complete set One complete set One complete set One complete set Requests for additional copies of the Manual should be submitted in writing to the Executive Office for U. Attorneys, Manual Staff, PAT Building, Rm. A distribution list is also maintained by the Executive Office for U. All address changes should be submitted in writing to the above address. Mail orders should be sent to the following address: Superintendent of Documents Subscription Entry , U. Attorneys except the most urgent shall, prior to dissemination, have noted on its face by its originator, the portions of the Manual, if any, affected, and be sent to the Executive Office for U. Attorneys for review and comment. Once all of the. All revisions received from a Department component which include new policy must first be issued as a bluesheet and reviewed by the. Attorney General's Advisory Committee of U. Attorneys before being permanently incorporated into the text of the Manual, see USAM 1-1. Revisions received from Department components which are purely administrative do not require review by the Advisory Committee and will be permanently incorporated into the text of the Manual, see USAM 1-1. All information received from a Department component and identified as new policy must be issued by the Executive Office as a bluesheet, printed on light blue paper. This does not apply to communications from the Attorney General, Deputy Attorney General, and Associate Attorney General which are fully effective upon issuance. The Attorney General's Advisory Committee will review each blue-sheet before it is permanently incorporated into the text of the Manual. If the Committee objects to a bluesheet, the Committee will first try to resolve the disagreement directly with the Assistant Attorney General for October 1, 1988 4 CHAP. Unresolved issues will be forwarded to the Associate Attorney General for resolution by the Advisory Committee. To ensure timely incorporation, all bluesheets will have a lifespan of five months, after which they will no longer be in effect unless incorporated into the text of the Manual or reissued. Once a bluesheet has been incorporated into the text of the Manual it is considered authoritative and part of the Manual. All information received from a department component and identified as administrative will be published by the Executive Office for U. Attorneys and issued as a transmittal. TransmittalE will be issued semi-annually.. Transmittals, composed of additional or replacement manual pages for each title will be mailed semi-annually to the administrative person responsible for in-office distribution, see USAMl-l. Policy changes bluesheets are issued directly upon receipt and should be inserted in front of the affected section, see USAMl-l. Each holder of the Manual is responsible for inserting the materials received. Information appearing in this Manual at paragraph 1-1. If citing a particular page: USAM 1-1. Occasionally pages are lettered to facilitate their insertion between two numbered pages without requiring a reprinting of all subsequent pages in the chapter. The date refers to the date of the most recent insert. October 1, 1988 5 1-2. § 7212 b , corrupt or forcible interference with an officer or employee acting under the internal revenue laws 26 U. § 7212 a , unauthorized disclosure of information 26 U. § 7213 and counterfeiting, mutilation, removal or reuse of stamps U. The Tax Division is responsible for prosecution and defense in all courts, other than the Tax Court of civil suits, and the handling of other matters, arisin. The Division has authority over the enforcement of tax liens and mandamus, injunctions, and other special' actions or general matters arising in connection with internal revenue matters. The Assistant Attorney General of the Tax Division has jurisdiction over actions arising under Section 2410 of Title 28 of the United States Code whenever the United States is named as a party to an action as the result of the existence of a federal tax lien, including the defense of other actions arising under Section 2410, if any, involving the same property whenever a tax-lien action is pending under that section. The Assistant Attorney General of the Tax Division is authorized to handle matters involving the immunity of the federal government from state or local taxation except actions to set aside ad valorem taxes, assessments, special assessments, and tax sales of federal real property, and matters involving payments in lieu of taxes , as well as state or local taxation involving contractors performing contracts for or on behalf of the United States. The Division supervises or conducts appellate litigation in civil and criminal tax cases, including appeals from decisions of the United States Tax Court. Policies and procedures are set forth more fully in Title 6 of the Manual. The authority to reprimand an Assistant has been redelegated to the Director of the Executive Office for U. Disciplinary actions other than removal include written and oral reprimands, suspensions, reductions in grade or pay and furloughs for 30 days or less. These actions constitute either an adverse action for which certain procedures must be followed, or actions which may be grieved through the Department of Justice grievance procedure. Thus, any contemplated disciplinary action against an Assistant should be closely coordinated with the Executive Office for U. See also, 28 U. § 144; Code of Judicial Conduct, Canon 3. The regulations require the written approval of the Assistant Attorney General of the appropriate division prior to filing or supporting a motion to recuse or disqualify the judge, justice or magistrate. In cases handled by a U. Attorney's Office, the views and recommendations of the client agency should be submitted with the request for approval. Approval or denial of such requests will be in writing. Oral authorization will be given, and should only be sought, if the litigation does not allow sufficient time to seek prior written approval. In such cases the attorney in charge of the case is required subsequently to prepare and submit to the Assistant Attorney General a written record fully reflecting that authorization. October 1, 1988 2 CHAP. Attorneys and Assistant U. Attorneys in outside cases. General Attorney or Assistant U. Attor- Deputy Attorney neys and Assistant U. Attorneys only General when the use of non-public information is contemplated. Issuing written or oral reprimand, suspension, reduction in grade or pay, and furloughs for 30 days or less for an Assistant U. Attorney, Filing a motion to recuse or disqualify a judge in any proceeding in which impartiality might reasonably be questioned. Proposing new leglslation or amendment to new legislation or any request calling for other action by Con-grass. Testifying on state or local legislation. Associate Attorney General Associate Attorney General Assistant Attorney General, Appropriate Di vision Written request required; 28 C. § 205; See USAM 3-2. Written request required; 28 C. Coordinated with EOUSA, Written request required See 20 U. § 542; See USAM 3-2. Authority to reprimand AUSA has been r edele- gatee to Di rector, EOUSA; See USAM 3-2. § 445; 47 Fed. Written request and approval required. The views and recommendations of client agency must be sub mitted with the request. Assistant Attorney General, OffiCe Of Leq-isletire Affairs Assistant Attorney General, Office of Legislative Affairs October 1, 1988 1 1-6. Before a present or former employee of the Department may testify or produce department records in response to 8 subpoena or demand of the court or other authorities issued in any state or federal proceeding. Denial of demands for the production or disclosure of any material contained in the files of the Department, any information relating to material contained in the files of the Department, or any information acquired by any person while such person was an employee of the Department as a part of the performance of that person's official duties or because of that person's official status. To disclose information in violation of 28 C. Unusual witness expenses such as baby sitting fees, ambulance service or high seasonal accommodations, which cannot be absorbed from witness allowances, require approval. Authorization to sign any fee agreement with an expert witness. Authorization to employ expert wit ness. Psychiatric examinations in tort cases to determine the extent of injuries. Attorneys Appropriate Department Official Counsel, Execu- DOJ Order No. AG Order § 919-80 dated Dec. Limited to subpoenas and demands issued for the testimo ny of Justice employees or records only. Deputy Attorney Written approv- General al required. Deputy Attorney 28 C. Special Authorization Unit, Justice Management Division Special Authorization Unit, Justice Management Division Special Authorization Unit, Justice Management Division Assistant At torney General of Appropriate Division Written Re quest. Written request and written approval. In emergency situations verbal authorization Is sufficient, followed by submission of Form OBD-47, October 1, 1988 2 UNITED STATES ATTORNEYS' MANUAL DETAILED TABLE OF CONTENTS CHAPTER 14 WITNESSES..................................................................... REGULAR WITNESSES 1 General 1 Pre-Appearance Interviews 1 Subpoenas 1 Fees 2 Allowances 2 Advances 3 Payment of Fees and Expenses of Witnesses During a Period of Lapsed Appropriations 3 Certificate of Attendance and Payment 4 WITNESS' EXPENSES INCURRED ON BEHALF OF INDIGENT PER- SONS 4 Responsible Payor 4 WITNESSES RESIDING OUTSIDE UNITED STATES 6 U. Citizens and Alien Residents Abroad 6 Subpoena 6 Witness' Fees 7 Foreign Nationals Residinq in Foreign Countries 8 Obtaining Attendance 8 Fees 8 Sample Court Orders 8 When a Prepaid Ticket is to be Tendered 8 When Cash is to be. Tendered 9 Request for Foreign Counsel 10 Interpreters. Depositions at the Request of a Foreign Court 22 Payment of Travel Expenses of Defendant and Counsel to Attend Depositions Taken at the Instance of the Government 22 Witnesses Under the Rules of Discovery 22 Letters Rogato. The Department is authorized to pay for compensation of witnesses and informants at rates approved by the Attorney General or the Assistant Attorney General for Administration. Title V of Pub. A detailed explanation of this program is found in USAM 9-21. See United States v. The usual procedure is for the U. Attorney to request that the witness appear at the U. Attorney's Office a few days prior to the witness' scheduled appearance in court. If the interview occurs during the time that the witness is under subpoena, compensation is granted pursuant to 28 U. If the interview occurs prior to the return date of the subpoena, compensation is granted pursuant to 28 U. See United States v. In the latter situation, payment is made on the Form OBD-3, Fact Witness Voucher. Expenses for travel solely for these interviews, separate from travel to respond to subpoena, are not normally authorized. In exceptional circumstances, however, where such travel is unavailable, a request must be submitted in advance by completing a Request and Authorization for Fees and Expenses of Witnesses, Form OBD-47. Pre-trial interviews should not exceed 3 days 5 days if a weekend is involved for an out-of-district witness. Praecipes for subpoenas should not be prepared unless local rules or practice makes their use mandatory. October 1, 1988 1 1-14. Attorney or the Assistant in charge of the case. To facilitate service of the subpoena, the proper address of each witness should be obtained. If the witness' office and residence addresses are known they should both be given. Marshal should be advised as to the race, height, sex, weight, age, and any unusual mark or identification of the witness so that the proper service may be made from the description given. Witnesses in the district courts for the District of Guam and the Virgin Islands shall receive the same fees and allowances provided for witnesses in other district courts of the United States. For payment of fees and expenses of witnesses during a period of lapsed appropriation, see USAM 1-14. Allowances for per diem for travel and attendance require that an overnight stay be involved. These allowances are based upon the allowances payable to government employees. Unusual witness expenses such as babysitting fees, ambulance service, high seasonal accommodations, etc. Witnesses contracting for rental cars are not an allowable expense unless prior approval is obtained from the Special Authorizations Unit. If prior approval is not obtained from the Special Authorizations Unit, witnesses maybe reimbursed for rental car expenses. No constructive or double mileage fees shall be allowed for any person summoned both as a witness and a juror. When a witness is subpoenaed in more thanone case at the same court, only one travel fee and one per diem compensation shall be allowed for attendance. Both shall be allotted to the case first disposed of, after which the per diem attendance fee alone shall be allotted to the other cases in the order in which they are disposed of. The appropriation acts provide that no witness is to be paid more than one attendance fee for any one day. This also applies to witnesses before United States Magistrates. October 1, 1988 2 CIIAP. Witnesses who reside where the court sits shall not be paid for days on which court is not in session and no service is rendered. The Attorney General has ordered that mileage payable to witnesses shall be computed on the basis of highway distances as stated in any general accepted mileage guide which contains a short-line nationwide table of distances and which is designated by the Assistant Attorney General for Administration for such purpose. In areas for which no such mileage guide exists, mileage payable under 28 U. § 1821 shall be based on the mode of travel used, the mileage of a usually-traveled route, and distances as generally accepted in that locality. Since August 1, 1956, U. Marshals have used the short-line nationwide distance tables and maps in the Rand-McNally Standard Highway Mileage Guide. Mileage from residence to the nearest point appearing in the Guide will be computed via the direct highway route. Marshal serving a subpoena or summons to determine whether or not the witness requires an advance in order to attend court. Advances no longer have to be requested or authorized by the U. Attorney requesting the appearance of the witness. Payment for meals is also authorized. Disbursement will not be made until the Department's funding has resumed. In such a case, a cash disbursement for that purpose is warranted; October 1, 1988 3 1-14 123 TITLE 1--GENERAL CHAP 14 B. Use of a witness and any obligations incurred as a result are authorized where the court denies a motion for a continuance; C. Attorney for the regular fact witness claim for fees and allowances, and for payment of the claim by the appropriate paying office. Payments are made by the U. Marshal for the district in which the trial or hearing is held, or by the Accounting Operations Group, Justice Management Division. Certification of attendance is by a Federal Public Defender, U. District Judge, or Clerk of the Court. For stenographic and notarial charges related to depositions, refer to Depositions, USAM 1-14. Expenses pursuant to a court's order allowing witnesses for an indigent under Rule 17 b may include those of state or federal guards, etc. § 3006A resulted in changes of responsibility for payment of certain expenses of litigation for persons allowed to proceed in forma pauperis. The chart on the following pages reflects these changes and sets forth the appropriations chargeable for expenses in indigent proceedings: APPENDIX 1. EXPENSE RESPONSIBILITY FOR CRIMINAL PROCEEDINGS IN FORMA PAUPERIS LISTED NUMERICALLY BY CONTROLLING LAW OR RULE Agency and Appropriation Controllinq Law or Rule Nature of Expense 1. Office of Adequate Representation. Witness fees and expenses U. Courts of defendants-Services Other than Counsel Criminal Justice Act of B. Courts October 1, 1988 4 C}IAP. It cannot transmit messages. Whenever the defendant in a criminal proceeding moves on trial for disclosure of information from social security records about someone else, the Department of Justice will attempt to resist such disclosure arguing that such personal information in social security records is confidential by law. In no event will the Department of Justice request such personal information for prosecutive purposes. In such a case a designated official of the Department of Justice will contac. The information will be furnished by SSA as expeditiously as possible. If the court considers such information insufficient and orders the appearance of the social security number holder on grounds of due process, a designated official of the Department of Justice will contact a designated official of the Office of the General Counsel, HHS. If in a specific case the Department of Justice is unableto provide assurance that it will not use the information or appearance of the social security number holder for prosecution purposes, the Commissioner will October 1, 1988 3 1-15. The proscription against the Department of Justice requests for such information for purposes of prosecution does not apply in the case of violations of the Social. Security Act or fraud against the Social Security Administration, as disclosure in these cases is provided for in 47 U. § 1306, 20 C. § 401 et seq. October 1, 1988 4.

It contains general policies and some procedures relevant to the work of the United States Attorneys' offices and to their relations with the legal divisions, investigative agencies, and other components within the Department of Justice. Expenses pursuant to a court's order allowing witnesses for an indigent under Rule 17 b may include us attorney manual of state or federal guards, etc. The Attorney General may bring a civil action against any person who does not file, files a false report, or fails to report required information. Chapter XVI and DOJ Order 1735. By subscribing to our website, you expressly consent to your information being processed us attorney manual the United States. Fourth, the Manual reflects numerous revisions to the Title 9, Chapter 27which were put into place in January and February of this year. Courts October 1, 1988 4 C}IAP. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. Parts 2637 and 2641, contain several post-employment conflict of interest restrictions. The restrictions listed above A through L apply only to Career SES, Criminal Division, FBI Employees, and all Political Appointees, and are permissible activities for all other employees. We are not responsible for the data collection and use practices of such other sites. If the AGAC objects to the proposed change, it will meet with the litigating division or EOUSA to resolve.