1. Investigating suspected or alleged offenses against the United States, see USAM 9-2.010;

2. Causing investigations to be conducted by the appropriate federal law enforcement agencies, see USAM 9-2.010;

3. Declining prosecution, see USAM 9-2.020;

4. Authorizing prosecution, see USAM 9-2.030;

5. Determining the manner of prosecuting and deciding trial related questions;

6. Recommending whether to appeal or not to appeal from an adverse ruling or decision, see USAM 9-2.170;

7. Dismissing prosecutions, see USAM 9-2.050; and

8. Handling civil matters related thereto which are under the supervision of the Criminal Division.

9-2.010 Investigations

9-2.020 Declining Prosecution

9-2.021 Armed Forces Enlistment as an Alternative to Federal Prosecution

9-2.022 Pretrial Diversion as an Alternative to Federal Prosecution

9-2.030 Authorizing Prosecution

9-2.031 Dual and Successive Prosecution Policy ("Petite Policy")

1. Statement of Policy: This policy establishes guidelines for the exercise of discretion by appropriate officers of the Department of Justice in determining whether to bring a federal prosecution based on substantially the same act(s) or transactions involved in a prior state or federal proceeding. See Rinaldi v. United States, 434 U.S. 22, 27, (1977); Petite v. United States, 361 U.S. 529 (1960). Although there is no general statutory bar to a federal prosecution where the defendant's conduct already has formed the basis for a state prosecution, Congress expressly has provided that, as to certain offenses, a state judgment of conviction or acquittal on the merits shall be a bar to any subsequent federal prosecution for the same act or acts. See 18 U.S.C. §§ 659, 660, 1992, 2101, 2117; see also 15 U.S.C. §§ 80a-36, 1282.
   The purpose of this policy is to vindicate substantial federal interests through appropriate federal prosecutions, to protect persons charged with criminal conduct from the burdens associated with multiple prosecutions and punishments for substantially the same act(s) or transaction(s), to promote efficient utilization of Department resources, and to promote coordination and cooperation between federal and state prosecutors.

   This policy precludes the initiation or continuation of a federal prosecution, following a prior state or federal prosecution based on substantially the same act(s) or transaction(s) unless three substantive prerequisites are satisfied: first, the matter must involve a substantial federal interest; second, the prior prosecution must have left that interest demonstrably unvindicated; and third, applying the same test that is applicable to all federal prosecutions, the government must believe that the defendant's conduct constitutes a federal offense, and that the admissible evidence probably will be sufficient to obtain and sustain a conviction by an unbiased trier of fact. In addition, there is a procedural prerequisite to be satisfied, that is, the prosecution must be approved by the appropriate Assistant Attorney General.

   Satisfaction of the three substantive prerequisites does not mean that a proposed prosecution must be approved or brought. The traditional elements of federal prosecutorial discretion continue to apply. See Principles of Federal Prosecution, USAM 9-27.110.

   In order to insure the most efficient use of law enforcement resources, whenever a matter involves overlapping federal and state jurisdiction, federal prosecutors should, as soon as possible, consult with their state counterparts to determine the most appropriate single forum in which to proceed to satisfy the substantial federal and state interests involved, and, if possible, to resolve all criminal liability for the acts in question.

   Types of Prosecution to which This Policy Applies: This policy applies only to charging decisions; it does not apply to pre-charge investigations. Yet, where a prior prosecution has been brought based on substantially the same act(s) or transaction(s), a subsequent federal investigation should, generally speaking, initially focus on evidence relevant to determining whether a subsequent federal prosecution would be warranted in light of the three substantive prerequisites previously listed.

   Keeping in mind the distinction between charging decisions and precharge investigations, this policy applies whenever the contemplated federal prosecution is based on substantially the same act(s) or transaction(s) involved in a prior state or federal prosecution.

   This policy constitutes an exercise of the Department's prosecutorial discretion, and applies even where a prior state prosecution would not legally bar a subsequent federal prosecution under the Double Jeopardy Clause because of the doctrine of dual sovereignty (see Abbate v. United States, 359 U.S. 187 (1959)), or a prior prosecution would not legally bar a subsequent state or federal prosecution under the Double Jeopardy Clause because each offense requires proof of an element not contained in the other. See United States v. Dixon, 509 U.S. 688 (1993); Blockburger v. United States, 284 U.S. 299 (1932).

   This policy does not apply, and thus prior approval is not required, where the prior prosecution involved only a minor part of the contemplated federal charges. For example, a federal conspiracy or RICO prosecution may allege overt acts or predicate offenses previously prosecuted as long as those acts or offenses do not represent substantially the whole of the contemplated federal charge, and, in a RICO prosecution, as long as there are a sufficient number of predicate offenses to sustain the RICO charge if the previously prosecuted offenses were excluded.

   This policy does not apply, and thus prior approval is not required, where the contemplated federal prosecution could not have been brought in the initial federal prosecution because of, for example, venue restrictions, or joinder or proof problems.

   Please note that when there is no need for prior approval because this policy does not apply, all other approval requirements remain in force. One example of another approval requirement is the one requiring Criminal Division approval of all RICO indictments.

   Stages of Prosecution at which Policy Applies: This policy applies whenever there has been a prior state or federal prosecution resulting in an acquittal, a conviction, including one resulting from a plea agreement, or a dismissal or other termination of the case on the merits after jeopardy has attached.

   Once a prior prosecution reaches one of the above-listed stages this policy applies, and approval is required before a federal prosecution can be initiated or continued, even if an indictment or information already has been filed in the federal prosecution.

   An exception occurs, and this policy does not apply, if the federal trial has commenced and the prior prosecution subsequently reaches one of the above-listed stages. When, however, a federal trial results in a mistrial, dismissal, or reversal on appeal, and, in the interim, a prior prosecution has reached one of the above listed stages. When, however, a federal trial results in a mistrial, dismissal, or reversal on appeal, and, in the interim, a prior prosecution has reached one of the above listed stages, this policy applies.

   Substantive Prerequisites for Approval of a Prosecution Governed by this Policy. As previously stated there are three substantive prerequisites that must be met before approval will be granted for the initiation or a continuation of a prosecution governed by this policy.

   The first substantive prerequisite is that the matter must involve a substantial federal interest. This determination will be made on a case-by-case basis, applying the considerations applicable to all federal prosecutions. See Principles of Federal Prosecution, USAM 9-27.230. Matters that come within the national investigative or prosecutorial priorities established by the Department are more likely than others to satisfy this requirement.

   The second substantive prerequisite is that the prior prosecution must have left that substantial federal interest demonstrably unvindicated. In general, the Department will presume that a prior prosecution, regardless of result, has vindicated the relevant federal interest. That presumption, however, may be overcome when there are factors suggesting an unvindicated federal interest.

   The presumption may be overcome when a conviction was not achieved because of the following sorts of factors: first, incompetence, corruption, intimidation, or undue influence; second, court or jury nullification in clear disregard of the evidence or the law; third, the unavailability of significant evidence, either because it was not timely discovered or known by the prosecution, or because it was kept from the trier of fact's consideration because of an erroneous interpretation of the law; fourth, the failure in a prior state prosecution to prove an element of a state offense that is not an element of the contemplated federal offense; and fifth, the exclusion of charges in a prior federal prosecution out of concern for fairness to other defendants, or for significant resource considerations that favored separate federal prosecutions.

   The presumption may be overcome even when a conviction was achieved in the prior prosecution in the following circumstances: first, if the prior sentence was manifestly inadequate in light of the federal interest involved and a substantially enhanced sentence -- including forfeiture and restitution as well as imprisonment and fines -- is available through the contemplated federal prosecution, or second, if the choice of charges, or the determination of guilt, or the severity of sentence in the prior prosecution was affected by the sorts of factors listed in the previous paragraph. An example might be a case in which the charges in the initial prosecution trivialized the seriousness of the contemplated federal offense, for example, a state prosecution for assault and battery in a case involving the murder of a federal official.

   The presumption also may be overcome, irrespective of the result in a prior state prosecution, in those rare cases where the following three conditions are met: first, the alleged violation involves a compelling federal interest, particularly one implicating an enduring national priority; second, the alleged violation involves egregious conduct, including that which threatens or causes loss of life, severe economic or physical harm, or the impairment of the functioning of an agency of the federal government or the due administration of justice; and third, the result in the prior prosecution was manifestly inadequate in light of the federal interest involved.

   The third substantive prerequisite is that the government must believe that the defendant's conduct constitutes a federal offense, and that the admissible evidence probably will be sufficient to obtain and sustain a conviction by an unbiased trier of fact. This is the same test applied to all federal prosecutions. See Principles of Federal Prosecution, USAM 9-27.200 et seq. This requirement turns on the evaluation of the admissible evidence that will be available at the time of trial. The possibility that, despite the law and the facts, the fact-finder may acquit the defendant because of the unpopularity of some factor involved in the prosecution, or because of the overwhelming popularity of the defendant, or his or her cause, is not a factor that should preclude a proposed prosecution. Also, when in the case of a prior conviction the unvindicated federal interest in the matter arises because of the availability of a substantially enhanced sentence, the government must believe that the admissible evidence meets the legal requirements for such sentence.

   Procedural prerequisite for Bringing a Prosecution Governed by This Policy. Whenever a substantial question arises as to whether this policy applies to a prosecution, the matter should be submitted to the appropriate Assistant Attorney General for resolution. Prior approval from the appropriate Assistant Attorney General must be obtained before bringing a prosecution governed by this policy. The United States will move to dismiss any prosecution governed by this policy in which prior approval was not obtained, unless the Assistant Attorney General retroactively approves it on the following grounds: first, that there unusual or overriding circumstances justifying retroactive approval, and second, that the prosecution would have been approved had approval been sought in a timely fashion. Appropriate administrative action may be initiated against prosecutors who violate this policy.

   Reservation and Superseding Effect: for Internal Guidance Only, No Substantive or Procedural Rights Created. This policy has been promulgated solely for the purpose of internal Department of Justice guidance. It is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, that are enforceable at law by any party in any matter, civil or criminal, nor does it place any limitations on otherwise lawful litigative prerogatives of the Department of Justice.

   All of the federal circuit courts that have considered the question have held that a criminal defendant can not invoke the Department's policy as a bar to federal prosecution. See, e.g., United States v. Snell, 592 F.2d 1083 (9th Cir. 1979); United States v. Howard, 590 F.2d 564 (4th Cir. 1979); United States v. Frederick, 583 F.2d 273 (6th Cir. 1978); United States v. Thompson, 579 F.2d 1184 (10th Cir. 1978) (en banc); United States v. Wallace, 578 F.2d 735 (5th Cir. 1978); United States v. Nelligan, 573 F.2d 251 (5th Cir. 1978); United States v. Hutul, 416 F.2d 607 (7th Cir. 1969). The Supreme Court, in analogous contexts, has concluded that Department policies governing its internal operations do not create rights which may be enforced by defendants against the Department. See United States v. Caceres, 440 U.S. 471 (1979); Sullivan v. United States, 348 U.S. 170 (1954).

   This policy statement supersedes all prior Department guidelines and policy statements on the subject.

[December 10, 1999 Bluesheet] 9-2.032 Notification to the Criminal Division of Certain Prosecutions of Attorneys A. In either of the following two circumstances, the United States Attorney or Departmental Component Head shall notify the Assistant Attorney General, Criminal Division, whenever his/her office intends to file a complaint, information, or indictment against an attorney: 1. When the charges are based, in whole or in part, on evidence that the attorney served as counsel for an ongoing criminal enterprise or organization; or 2.When-- (i) the charges are based, in whole or in part, on actions or omissions by the attorney during the representation of a current or former client; and (ii) the attorney's current or former client is, or is likely to be, a witness against the attorney; and (iii) the client will, or is likely to, testify against the attorney pursuant to a nonprose-cution, cooperation, or similar agreement with the government. B. Except in emergency situations, the United States Attorney or Departmental Component Head shall provide such notice sufficiently in advance of the filing of a complaint, information, or indictment to provide the Assistant Attorney General, Criminal Division, a reasonable time to consult with the prosecuting office/component. In addition, the United States Attorney or Departmental component head should consider providing notice during an investigation involving the circumstances described above in A.1 or A.2, if the existence of such investigation is about to be, or has been, made public. C. The requirements set forth in this section shall not apply to indictments that are subject to pre-indictment review by a Department component under other provisions of the United States Attorneys' Manual, e.g., RICO, tax, etc., cases. See also the Criminal Resource Manual at 86.

9-2.040 Dismissal of Complaints

9-2.041 Cancellation of Unexecuted Arrest Warrants

9-2.050 Dismissal of Indictments and Informations

9-2.060 Appeals, Mandamus, Stays, Rehearing, Certiorari

9-2.100 Limitations on United States Attorneys

9-2.101 American Bar Association Standards for Criminal Justice

9-2.110 Statutory Limitations -- Generally

9-2.111 Statutory Limitations -- Declinations

9-2.112 Statutory Limitations -- Prosecutions

9-2.120 Policy Limitations -- Generally

9-2.131 Matters Assumed by Criminal Division or Higher Authority

9-2.136 Investigative and Prosecutive Policy for International Terrorism Matters

1. Aircraft Piracy and Related Offenses (49 U.S.C. §§ 46501-07)

2. Aircraft Sabotage (18 U.S.C. § 32)

3. Violence at International Airports (18 U.S.C. § 37)

4. Crimes Against Immediate Family of All Federal Officials (18 U.S.C. § 115)

5. Crimes Against Internationally Protected Persons (18 U.S.C. §§ 112, 878, 1116, 1201(a)(4))

6. Crimes Against Select United States Officials (18 U.S.C. §§ 111, 351, 1114, 1201(a)(5), 1751)

7. Murder-for-Hire (18 U.S.C. § 1958)

8. Crimes Committed Within the Special Maritime Jurisdiction of the United States (18 U.S.C. §§ 7, 113, 114, 1111, 1112, 1201, 2031, 2111)

9. Sea Piracy (18 U.S.C. § 1651)

10. Violence against Maritime Navigation and Maritime Fixed Platforms (18 U.S.C. §§ 2280, 2281)

11. Hostage Taking (18 U.S.C. § 1203)

12. Terrorist Acts Abroad Against United States Nationals (18 U.S.C. § 2332)

13. Terrorism Transcending National Boundaries (18 U.S.C. § 2332b)

14. Conspiracy Within the United States to Murder, Kidnap, or Maim Persons or to Damage Certain Property Overseas (18 U.S.C. § 956)

15. Providing Material Support to Terrorists (18 U.S.C. § 2339A)

16. Providing Material Support to Designated Terrorist Organizations (Fundraising) (18 U.S.C. § 2339B)

17. Use of Biological, Nuclear, Chemical or Other Weapons of Mass Destruction (18 U.S.C. §§ 175, 831, 2332c, 2332a)

18. International Traffic in Arms Regulations

19. Genocide (18 U.S.C. § 1091)

20. Torture (18 U.S.C. § 2340A)

9-2.145 Dismissals

9-2.154 Legislative Proposals by United States Attorneys

9-2.155 Sensitive Matters

9-2.159 Refusal of Government Departments and Agencies to Produce Evidence

1. In no event should the United States Attorney accept the opinion or representation of the agency that such records or witnesses cannot be made available without determining all of the specific facts upon which the agency relies to support its refusal.

2. If the United States Attorney is not satisfied that the facts justify the refusal, he/she should so advise the agency and seek to procure the evidence requested of the agency.

3. If the United States Attorney concurs that there are sufficient and valid reasons to support the agency's refusal to produce the necessary evidence, he/she should advise the AAG in charge of the division having jurisdiction over the subject matter of the case of his/her conclusion. That AAG, after consultation with the Deputy Attorney General, will authorize the United States Attorney, if necessary and appropriate, to terminate the investigation, forego the litigation, or dismiss the case. A full statement of the facts supporting the conclusion of the United States Attorney should be set forth in the correspondence to the appropriate AAG.

9-2.170 Decision to Appeal and to File Petitions in Appellate Courts

1. Approval Requirements. 28 C.F.R. § 0.20(b) provides that the Solicitor General has the authority to "[d]etermine whether, and to what extent, appeals will be taken by the Government to all appellate courts (including petitions for rehearing en banc and petitions to such courts for the issuance of extraordinary writs)." The following actions must be approved:
   1. Any appeal of a decision adverse to the government, including an appeal of an order releasing a charged or convicted defendant or a request to seek a stay of a decision adverse to the government.

   2. A petition for rehearing that suggests rehearing en banc -- and any rare appeal in which the government wishes to suggest that it be heard initially en banc. See Fed. R. App. P. 35(c). Although a petition for panel rehearing does not require the approval of the Solicitor General, one should not be filed until the Solicitor General has been given the opportunity to decide whether the case merits en banc review.

   3. A petition for mandamus or other extraordinary relief.

   4. In a government appeal, a request that the case be assigned to a different district court judge on remand.

   5. A request for recusal of a court of appeals judge.

   6. A petition for certiorari. (NOTE: 28 C.F.R. § 0.20(a) provides that the Solicitor General shall supervise all Supreme Court cases, "including appeals, petitions for and in opposition to certiorari, briefs and arguments, and settlement thereof." Accordingly, in criminal cases, only the Solicitor General petitions for certiorari or responds to petitions for certiorari).

2. Reporting Requirements. United States Attorneys' Offices (USAOs) should report all adverse, appealable district court decisions to the Appellate Section (including adverse 28 U.S.C. § 2255 habeas rulings, coram nobis rulings, and forfeiture rulings). USAOs need only report adverse district court Sentencing Guidelines decisions if they wish to obtain authorization to appeal that decision. Other adverse sentencing decisions should be reported.
   USAOs should report every published court of appeals' decision that is adverse to the government in any respect. They should report any unpublished court of appeals' decision that affirms a district court decision that the government appealed. They should report any unpublished court of appeals' decision that they believe merits rehearing en banc or certiorari.

   Before confessing error in a court of appeals, USAOs should consult with the Appellate Section. USAOs should also consult with the Appellate Section before taking a position that may be inconsistent with the government's position in another case.

   USAOs should report every adverse decision as soon as possible, especially adverse court of appeals' decisions, since the government generally has 14 days to approve, draft, and file a rehearing petition if no extension is obtained.

   Timing of Appeals and Rehearing Petitions. The government has 30 days from the date of judgment or 10 days from the filing of any defendant's notice of appeal to file a notice of appeal. See Federal Rule of Appellate Procedure 4. A timely filed motion for reconsideration (that is, one filed within 30 days after judgment) extends the time for filing a notice of appeal until 30 days after the denial of the motion. The time for filing a notice of appeal is otherwise not subject to extension and is jurisdictional. For a Notice of Appeal form, see the Criminal Resource Manual at 22.

   The government has 60 days to file a notice of appeal from an adverse § 2255 habeas or in rem forfeiture decision.

   A protective notice of appeal should not be filed without notifying the Appellate Section. If a protective notice of appeal is filed and a briefing schedule is issued before authorization to appeal is obtained, notify the Appellate Section of the briefing schedule as soon as possible. In cases involving Sentencing Guidelines appeals, notify the Appellate Section before filing any document other than a protective notice of appeal, so that approval of the Solicitor General may be obtained.

   Federal Rule of Appellate Procedure 40 requires a party to file a petition for rehearing within 14 days of the court of appeals' judgment. In those instances in which the Appellate Section has not been advised of an adverse court of appeals' decision in a timely fashion, USAOs should protect the time to petition for rehearing by filing a motion requesting an extension of 30 days to petition for rehearing. Even when the Appellate Section has been timely advised of an adverse court of appeals' decision, the Appellate Section may ask the USAO to seek a 30-day extension of time within which to petition for rehearing in order to allow the Solicitor General time to review the case. Most circuits will grant the government a 30-day extension of time to file a petition for rehearing. For a form Petition for Rehearing Extension, see the Criminal Resource Manual at 23.

   Motions for extensions of time to file a rehearing petition must be received by the court on or before the date the rehearing petition is due. Similarly, rehearing petitions must be received on or before the date they are due. Mailing by the due date is insufficient to constitute timely filing.

   The government has 90 days from the date of the court of appeals' decision or an order denying a timely petition for rehearing to file a petition for a writ of certiorari.

   Obtaining Authorization to Appeal and Petition for Rehearing. To obtain authorization to appeal, the United States Attorney should send the following materials to the Appellate Section:

   • A memorandum setting forth reasons for the appeal;
   • The order or opinion of the district court;
   • Related motions or memoranda and relevant transcripts if available; and
   • In sentencing appeals, the presentence report and the judgment and commitment order.

   To obtain authorization to file a petition for rehearing with suggestion for rehearing en banc, the United States Attorney should send the following materials to the Appellate Section:

   • The opinion of the court of appeals;
   • The briefs filed by both parties in the court of appeals; and
   • A memorandum setting forth reasons justifying the filing of a petition for rehearing with suggestion for rehearing en banc.

   Materials should be sent to the following addresses:
   
   

   By mail:	By overnight courier:
   Appellate Section Criminal Division P.O. Box 899 Ben Franklin Station Washington, D.C. 20044	Appellate Section Criminal Division Room 2266, Main Justice Bldg. 10th St. & Pennsylvania Ave., N.W. Washington, D.C. 20530

   
   
   

   Standards for Authorization. United States Attorneys' Offices are encouraged to consult with the Appellate Section if they have any question as to whether a case is appropriate for appeal or rehearing.

   The Authorization Process. After receiving the United States Attorney's request for authorization to seek further review, an Appellate Section attorney writes a memorandum containing a recommendation to the Solicitor General. If the Appellate Section agrees with the United States Attorney, then the United States Attorney's and the Appellate Section's recommendations are forwarded to the Solicitor General.

   If the Appellate Section disagrees with the United States Attorney, a Deputy Assistant Attorney General in the Criminal Division reviews the Appellate Section's and United States Attorney's recommendations before they are sent to the Solicitor General.

   Whenever further review is sought, an Assistant to the Solicitor General reviews the United States Attorney's and Appellate Section's recommendations and writes a memorandum containing the Assistant's recommendation to the Solicitor General. The Deputy Solicitor General then reviews all of the recommendations and writes another memorandum to the Solicitor General (except for sentencing guidelines cases, which go directly to the Solicitor General after review by an assistant). The Solicitor General personally determines whether to authorize every appeal and petition for rehearing with suggestion for rehearing en banc.

   See the Criminal Resource Manual at 21 for Appellate Section Contacts.

   Appeals are also discussed in USAM Title 2.

9-2.173 Arrest of Foreign Nationals

9-2.180 Strike Forces

9-2.181 Organized Crime Strike Force Unit Duties

9-2.182 Organized Crime Strike Force Unit Strategic Plans

9-2.183 Organized Crime Strike Force Unit Personnel

9-2.000 Release of Information -- Press Information and Privacy

9-2.400 Prior Approvals Chart

 
 USAM      TYPE & SCOPE OF REPORTING,          CONTACT              
 SECTION   CONSULTING OR APPROVAL                     

 9-2.031   Approval is required to          Assistant Attorney       
           continue and/or initiate a       General, Criminal        
           federal prosecution affected     Division, through the    
           by Petite policy (dual and       Witness Immunity Unit    
           successive prosecution).         of the Office of         
                                            Enforcement              
                                            Operations.              
 
 9-2.136   No U.S. Attorney is to           Assistant Attorney       
           initiate a criminal              General, Criminal        
           investigation, commence grand    Division, through        
           jury proceedings, file an        Terrorism and Violent    
           information or complaint, or     Crime Section            
           seek the return of an                                     
           indictment in matters                                     
           involving overseas terrorism                              
           without the express                                       
           authorization of the Assistant                            
           Attorney General of Criminal                              
           Division. The statutes listed                             
           below describe various Federal                            
           criminal offenses that                                    
           overseas terrorists may                                   
           commit.  While some violations                            
           of these statutes may occur                               
           within the United States, if                              
           the violation relates to                                  
           international terrorism, it is                            
           encompassed by the policy set                             
           forth above.  The offenses                                
           governed by this policy                                   
           include:                                                  
 
 9-2.136   1) Aircraft Piracy and related   Attorney General,        
           offenses. 49 U.S.C. §            through Terrorism and    
           46502(b).  See also              Violent Crime Section,   
           USAM 9-63.181.                   Criminal Division        
 
 9-2.136   2) Aircraft Sabotage. 18         Attorney General,        
           U.S.C. § 32(b).  See also        through Terrorism and    
           USAM 9-63.221.                   Violent Crime Section,   
                                            Criminal Division        
 
 9-2.136   3) Violence at International     Terrorism and Violent    
           Airports. 18 U.S.C. § 37         Crime Section,           
                                            Criminal Division        
 
 9-2.136   4) Crimes against immediate      Terrorism and Violent    
           family of a high ranking         Crime Section,           
           Federal Official. 18 U.S.C. §    Criminal Division        
           115.  See also USAM                                       
           9-65.900.                         
                    
 
 9-2.136   5) Crimes against                Terrorism and Violent    
           Internationally Protected        Crime Section,           
           Persons. 18 U.S.C. § 112, 878,   Criminal Division        
           1116. 1201(a)(4); USAM                                    
           9-65.800 et seq.                  
                         
 
 9-2.136   6) Crimes against Select         Terrorism and Violent    
           United States Officials. 18      Crime Section,           
           U.S.C. §§ 111, 351, 1114,        Criminal Division        
           1201(a)(5),1751; USAM 9-                                  
           65.100, 300, 600, 700                                     
 
 9-2.136   7) Murder for Hire.  18 U.S.C.   Terrorism and Violent    
           § 1958 USAM 9-60.900 et seq.     Crime Section,           
                                            Criminal Division        
 
 9-2.136   8) Crimes committed within the   Terrorism and Violent    
           Special Maritime Jurisdiction    Crime Section,           
           of the United States.  18        Criminal Division        
           U.S.C. §§ 7, 113, 114, 1111,                              
           1112, 2031, 1201, 2111; USAM                              
           9-20.100 et. seq.                                         
 
 9-2.136   9) Sea Piracy.  18 U.S.C. §      Terrorism and Violent    
           1651                             Crime Section,           
                                            Criminal Division        
 
 9-2.136   10) Violence Against Maritime    Terrorism and Violent    
           Navigation and Maritime Fixed    Crime Section,           
           Platforms. 18 U.S.C. §§ 2280,    Criminal Division        
           2281                                                      
 
 9-2.136   11) Hostage Taking.  18 U.S.C.   Terrorism and Violent    
           § 1203; USAM 9-60.700            Crime Section,           
                                            Criminal Division        
 
 9-2.136   12) Terrorist Acts abroad        Terrorism and Violent    
           against United States            Crime Section,           
           Nationals.  18 U.S.C. § 2331     Criminal Division        
 
 9-2.136   13) Terrorism Transcending       Terrorism and Violent    
           National Boundaries.             Crime Section,           
           18 U.S.C. § 2332b                Criminal Division        
 
 9-2.136   14) Conspiracy with the United   Terrorism and Violent    
           States to Murder, Kidnap, or     Crime Section,           
           Maim Persons or to Damage        Criminal Division        
           Certain Property Overseas.  18                            
           U.S.C. § 956                                              
 
 9-2.136   15) Providing Material Support   Terrorism and Violent    
           to Terrorists.                   Crime Section,           
           18 U.S.C. § 2339A                Criminal Division        
 
 9-2.136   16) Providing Material Support   Terrorism and Violent    
           to Designated Terrorist          Crime Section,           
           Organizations (Fundraising).     Criminal Division        
           18 U.S.C. § 2339B                                         
 
 9-2.136   17) Use of Biological,           Terrorism and Violent    
           Nuclear, Chemical or Other       Crime Section,           
           Weapons of Mass Destruction.     Criminal Division        
           18 U.S.C. §§ 175, 831, 2332c,                             
           2332a                                                     
 
 9-2.136   18) International Traffic in     Internal Security        
           Arms Regulations. See 22         Section, Criminal        
           U.S.C. § 2778; USAM              Division                 
           9-90.620.                         
                    
 
 9-2.136   19) Genocide. 18 U.S.C. § 1091   Terrorism and Violent    
                                            Crime Section,           
                                            Criminal Division        
 
 9-2.136   20) Torture. 18 U.S.C. § 2340A   Terrorism and Violent    
                                            Crime Section,           
                                            Criminal Division        
 
 9-2.145   Approval to dismiss any charge   Assistant Attorney Gen., 
           or reduce any charge for which   Criminal Division,       
           approval was necessary to        through the Section      
           indict or file an information    having jurisdiction of   
           or complaint.                    the offense              
 
 9-2.154   Legislative proposals should     Office of Legislative    
           be forwarded for consultation.   Affairs                  
 
 9-2.159   Approval to dismiss case based   Assistant Attorney       
           on agency refusal to produce     General, Criminal        
           documents.                       Division                 
 
 9-2.170   Prior approval is required of    Solicitor General,       
           the following appeals,           through Appellate        
           requests, or petitions:          Section, Criminal        
                                            Division                 
           1)  Any appeal of a decision                              
           adverse to the government,                                
           including an appeal of an                                 
           order releasing a charged or                              
           convicted defendant or a                                  
           request to seek a stay of a                               
           decision adverse to the                                   
           government.                                               
                                                                     
           2)  A petition for rehearing                              
           that suggests rehearing en                                
           banc--and any rare appeal in                              
           which the government wishes to                            
           suggest that it be heard                                  
           initially en banc.  See Fed.                              
           R. App. P. 35(c).  Although a                             
           petition for panel rehearing                              
           does not require the approval                             
           of the Solicitor General, one                             
           should not be filed until the                             
           Solicitor General has been                                
           given the opportunity to                                  
           decide whether the case merits                            
           en banc review.                                           
                                                                     
           3)  A petition for mandamus or                            
           other extraordinary relief.                               
                                                                     
           4)  In a government appeal, a                             
           request that the case be                                  
           assigned to a different                                   
           district court judge on                                   
           remand.                                                   
                                                                     
           5)  A request for recusal of a                            
           court of appeals judge.                                   
                                                                     
           6)  A petition for certiorari                             
           (only the Solicitor General                               
           may file petitions for                                    
           certiorari).                                              
 
 9-2.170   Notification is required of      Appellate Section,       
           all adverse, appealable          Criminal Division        
           district court decisions                                  
           (including adverse 28 U.S.C. §                            
           2255 habeas rulings, coram                                
           nobis rulings, and forfeiture                             
           rulings). USAOs need only                                 
           report adverse district court                             
           Sentencing Guidelines                                     
           decisions if they wish to                                 
           obtain authorization to appeal                            
           that decision. Other adverse                              
           sentencing decisions should be                            
           reported.                                                 
 
 9-2.170   Notification is required of      Appellate Section,       
           every published court of         Criminal Division        
           appeals' decision that is                                 
           adverse to the government in                              
           any respect.                                              
 
 9-2.170   Consultation is required         Appellate Section,       
           before confessing error in a     Criminal Division        
           court of appeals, or before                               
           taking a position that may be                             
           inconsistent with the                                     
           government's position in                                  
           another case.                                             
 
 9-2.173   Under some treaties,             Consular Officials of    
           prosecutors are required to      foreign countries.       
           notify the consular official     Contact the Office of    
           when a foreign national is       International Affairs,   
           arrested in the United States    Criminal Division, to    
           on federal criminal charges.     determine whether a      
                                            treaty requires          
                                            contact with a consular  
                                            official.                
 
 9-2.181   Approval is required for         Organized Crime and      
           Organized Crime Strike Force     Racketeering Section,    
           matters.  Every significant      Criminal Division        
           action in the investigation                               
           and prosecution, from case                                
           initiation, court authorized                              
           electronic surveillance,                                  
           witness immunities, witness                               
           protection requests,                                      
           undercover proposals, case                                
           indictment, disposition by                                
           plea, and other important                                 
           events must be approved in                                
           advance by Organized Crime and                            
           Racketeering Section.  All                                
           significant dispositions,                                 
           including indictments and                                 
           verdicts, must be reported to                             
           Organized Crime and                                       
           Racketeering Section in                                   
           writing.                                                  
 
 9-5.150   Approval is required to move     Deputy Attorney          
           for or consent to closure of     General (through the     
           judicial proceedings.  28        Division having          
           C.F.R. § 50.9                    supervisory authority    
                                            over the offense         
                                            charged; the Office of   
                                            Enforcement Operations   
                                            handles these            
                                            approvals for the        
                                            Criminal Division)       
 
 9-7.110   Approval is required for         Assistant Attorney       
           applications for court orders    General, Criminal        
           authorizing the interception     Division or Deputy       
           of oral, wire or electronic      Assistant Attorney       
           communications (except for       General, through the     
           applications involving           Office of Enforcement    
           electronic communications to     Operations               
           digital-display paging device-                            
           which may be approved by a                                
           which may be approved by a                                
           United States Attorney).                                  
           Approval is also required for                             
           extension requests.                                       
 
 9-7.111   Approval is required for         Attorney General,        
           roving interception of wire      Deputy Attorney          
           and oral communications.         General, Associate       
                                            Attorney General,        
                                            Assistant Attorney       
                                            General, or Acting       
                                            Assistant Attorney       
                                            General, through         
                                            Office of Enforcement    
                                            Operations, Criminal     
                                            Division                 
 
 9-7.112   Approval is required for         Attorney General,        
           emergency interceptions under    Deputy Attorney          
           18 U.S.C. § 2518(7) without a    General, Associate       
           court order.                     Attorney General         
                                            (after obtaining oral    
                                            approval of AAG or       
                                            DAAG of Criminal         
                                            Division, through        
                                            Office of Enforcement    
                                            Operations)              
 
 9-7.200   Approval is required to use      Assistant Attorney       
           video surveillance for law       General, Deputy          
           enforcement purposes when        Assistant Attorney       
           there is a constitutionally      General, Director and    
           protected expectation of         Associate Directors of   
           privacy requiring judicial       the Office of            
           authorization.                   Enforcement              
                                            Operations, Criminal     
                                            Division                 
 
 9-7.302   Approval is required to          Director or Associate    
           intercept a non-telephonic       Director of the Office   
           verbal communication without     of Enforcement           
           the consent of all parties to    Operations, Criminal     
           the communication (but with      Division                 
           the consent of at least one                               
           party to the communication),                              
           when it is known that:                                    
                                                                     
           (1) The monitoring relates                                
           to an investigation of a                                  
           member of Congress, a federal                             
           judge, a member of the                                    
           Executive Branch at Executive                             
           Level IV, or above, or a                                  
           person who has served in such                             
           capacity within the previous                              
           two years;                                                
                                                                     
           (2) The monitoring relates                                
           to an investigation of the                                
           Governor, Lieutenant Governor,                            
           or Attorney General of any                                
           State or Territory, or a judge                            
           or justice of the highest court                           
           of any State or Territory, and                            
           the offense investigated is one                           
           involving bribery, conflict of                            
           interest, or extortion relating                           
           to the performance of his or                              
           her official duties                                       
                                                                     
           (3) Any party to the                                      
           communication is a member of                              
           the diplomatic corps of a                                 
           foreign country;                                          
                                                                     
           (4)  any party to the                                     
           communication is or has been a                            
           member of the Witness Security                            
           Program and that fact is known                            
           to the agency involved or its                             
           officers;                                                 
                                                                     
           (5)  the consenting or                                    
           nonconsenting person is in the                            
           custody of the Bureau of Prisons                          
           or the United States Marshals                             
           Service; or                                               
                                                                     
           (6)  the Attorney General,                                
           Deputy Attorney General,                                  
           Associate Attorney General,                               
           any Assistant Attorney General,                           
           or the United States Attorney                             
           in the district where an                                  
           investigation is being                                    
           conducted has requested the                               
           investigating agency to obtain                            
           prior written consent before                              
           conducting consensual monitoring                          
           in a specific investigation.                              
 
 9-8.130   Notification must be provided    Terrorism and Violent    
           prior to filing any motion to    Crime Section,           
           transfer a juvenile proceeding   Criminal Division        
           to an adult prosecution.                                  
 
 9-10.020  Prior written approval is        Attorney General,        
           required for any decision        through the Assistant    
           about whether or not to seek     Attorney General for     
           the death penalty.               the Criminal Division    
 
 9-10.090  A notice of intention to seek    Attorney General,        
           the death penalty filed with     through Assistant        
           the court shall not be           Attorney General,        
           withdrawn without                Criminal Division or     
           authorization unless             United States Attorney   
           authorized by the Attorney       (if plea agreement is    
           General or approved by the       involved)                
           United States Attorney as a                               
           condition of a plea agreement.                            
 
 9-10.100  Written notification is          Assistant Attorney       
           required of any plea agreement   General, Criminal        
           entered into in a death          Division                 
           penalty case.                                             
 
 9-11.101  Consultation is required         Chief of the Organized   
           before any grand jury report     Crime and Racketeering   
           is initiated, whether by a       Section, Criminal        
           regular or special grand jury.   Division                 
           See also 9-11.330.                
                  
 
 9-11.120  Approval is required to          United States Attorney   
           resubmit matter to a grand                                
           jury after no bill.                                       
 
 9-11.140  See 9-13.525 for DOJ policy      Office of                
           regarding issuing subpoenas to   International Affairs,   
           obtain evidence or testimony     Criminal Division        
           from other countries.                                     
 
 9-11.140  "Forthwith" subpoenas should     United States Attorney   
           be used only when an immediate                            
           response is justified and then                            
           may be used only with prior                               
           approval.                                                 
 
 9-11.150  Prior approval is required to    United States Attorney   
           subpoena a target to the grand   or Assistant Attorney    
           jury.                            General                  
 
 9-11.160  Prior approval is required to    Assistant Attorney       
           resubpoena a contumacious        General, Criminal        
           witness before successive        Division, through the    
           grand juries and to seek civil   Office of Enforcement    
           contempt sanctions if the        Operations               
           witness refuses to testify.                               
 
 9-11.242  Requests for appointments of     Executive Office for     
           Non-Department of Justice        United States            
           Government Attorneys as          Attorneys (or Office     
           Special Assistant United         of Enforcement           
           States Attorneys or Special      Operations, Criminal     
           Assistant to the Attorney        Division, if the less    
           General so that they may         common Special           
           appear before the grand jury     Assistant or Special     
           must be made in writing.         Assistant to the         
                                            Attorney General         
                                            appointment is to be     
                                            used in cases or         
                                            matters within the       
                                            jurisdiction of the      
                                            Criminal Division.)      
 
 9-11.260  Prior written approval is        Assistant Attorney       
           required to request a court      General for the          
           for permission to disclose       Division having          
           grand jury materials under       supervisory              
           Federal Rules of Criminal        responsibility for the   
           Procedure 6(e)(3)(C)(iv)         principal offenses       
           (disclosure of 6(e) material     being investigated.      
           to State and Local Law           (If the Criminal         
           Enforcement Officials).          Division has             
                                            supervisory              
                                            responsibility, such     
                                            requests for approval    
                                            should be sent to the    
                                            Policy and Statutory     
                                            Enforcement Unit of      
                                            the Office of            
                                            Enforcement              
                                            Operations.)             
 
 9-11.300  Prior certification is           Chief of the Organized   
           required to empanel a special    Crime and Racketeering   
           grand jury under                 Section, Criminal        
           18 U.S.C. § 3331(a).             Division                 
 
 9-11.330  Notification is requested when   Chief of the Organized   
           a special grand jury             Crime and Racketeering   
           (empaneled under                 Section, Criminal        
           18 U.S.C. § 3331--grand juries   Division                 
           for organized crime) will be                              
           considering the issuance of a                             
           report, or will be preparing a                            
           report which the United States                            
           Attorney has not requested.                               
 
 9-11.330  Approval of draft special        Chief of the Organized   
           grand jury (18 U.S.C. § 3331--   Crime and Racketeering   
           organized crime) reports is      Section, Criminal        
           required before the draft        Division                 
           report may be furnished to the                            
           special grand jury.                                       
 
 9-13.250  Approval is required before a    United States Attorney   
           Department attorney              or Assistant Attorney    
           communicates, or causes          General                  
           another to communicate,                                   
           overtly with a target the                                 
           Department attorney knows is                              
           represented by counsel                                    
           regarding the subject matter                              
           of the communication.                                     
 
 Former 28 Prior written authorization is   Attorney General,        
 C.F.R.    required before any Department   Deputy Attorney          
 77.9.     attorney may inform a            General, Associate       
 See       represented person that a        Attorney General,        
 Editor's  conflict of interest exists      Assistant Attorney       
 Note at   between the represented person   General or United        
 USAM      and his/her counsel.  Oral       States Attorney          
 9-13.200  authorization is permitted                                
           when exigent circumstances                                
           exist.                                                    
 
 9-13.400  Approval is required to:         Attorney General,        
           subpoena, interrogate, arrest    through the Division     
           or indict members of the news    having supervisory       
           media, or to subpoena the        authority over the       
           telephone toll records of the    offense charged.  If     
           news media.                      the Criminal Division    
                                            has supervisory          
                                            authority, requests      
                                            should be sent to the    
                                            Policy and Statutory     
                                            Enforcement Unit of      
                                            the Office of            
                                            Enforcement              
                                            Operations.              
 
 9-13.410  Approval is required to issue    Assistant Attorney       
           grand jury or trial subpoena     General, Criminal        
           to attorneys for information     Division, through the    
           relating to the representation   Office of Enforcement    
           of client.                       Operations               
 
 9-13.420  No application for a search      Assistant Attorney       
           warrant for a subject            General, Criminal        
           attorney's office may be made    Division, through the    
           to a court without the express   Office of Enforcement    
           approval of the United States    Operations               
           Attorney or pertinent                                     
           Assistant Attorney General.                               
           In addition to obtaining                                  
           approval from the United                                  
           States Attorney or the                                    
           pertinent Assistant Attorney                              
           judicial authorization for the                            
           search warrant, the federal                               
           prosecutor must consult with                              
           the Criminal Division.                                    
 
 9-13.500  Consultation is required         Office of                
           before contacting any foreign    International Affairs,   
           or U.S. State Department         Criminal Division        
           official in relation to                                   
           extradition of a fugitive or                              
           the obtaining of evidence in a                            
           criminal investigation or                                 
           prosecution.                                              
                                                                     
           Prior approval is required                                
           before attempting to do any                               
           act outside the United States                             
           relating to a criminal                                    
           investigation or prosecution,                             
           including contacting a witness                            
           by telephone or mail.                                     
 
 See the   Consultation is required to      Office of                
 Criminal  determine whether the United     International Affairs    
 Resource  States has a Mutual Legal                                 
 Manual    Assistance Treaty with the                                
 at        country from which the                                    
 276       evidence is sought.                     
                
 
 9-13.525  Written approval is required     Office of                
           before issuing any subpoena to   International Affairs,   
           persons or entities in the       Criminal Division        
           United States for records                                 
           located abroad.                                           
 
 9-13.525  Prior approval is required to    Office of                
           serve a subpoena ad              International Affairs,   
           testificandum on an officer or   Criminal Division        
           attorney of a foreign bank or                             
           corporation who is temporarily                            
           in United States when in                                  
           connection with the operation                             
           of the foreign bank or                                    
           corporation.                                              
 
 9-13.526  Notification is required         Office of                
           before filing civil forfeiture   International Affairs,   
           action pursuant to               which will consult       
           extraterritorial                 with Asset Forfeiture    
           jurisdictional provision         and Money Laundering     
           contained in 28 U.S.C. §         Office                   
           1355(b)(2) against assets in                              
           foreign country.                                          
                                                                     
           Consultation is required                                  
           before taking steps to present                            
           a foreign government, for                                 
           enforcement or recognition,                               
           any civil or criminal                                     
           forfeiture order entered in                               
           the United States for property                            
           located within the foreign                                
           jurisdiction.                                             
 
 9-13.534  Approval is required for         EOUSA approves with      
           travel to a foreign country in   consent of Office of     
           connection with criminal         International Affairs    
           investigations, trials, or                                
           other criminal law enforcement                            
           related to official activity.                             
 
 9-13.540  Consultation is required         Office of                
           regarding execution of foreign   International Affairs,   
           legal assistance requests that   Criminal Division        
           have not been routed through                              
           Office of International                                   
           Affairs.                                                  
 
 9-13.900  Approval is required for an ex   Attorney General,        
           parte motion for tax returns     Deputy Attorney          
           and tax return information       General, Associate       
           under 26 U.S.C. § 6103.          Attorney General, any    
                                            Assistant Attorney       
                                            General, any United      
                                            States Attorney, any     
                                            special prosecutor       
                                            appointed under 28       
                                            U.S.C. § 593, or any     
                                            attorney in charge of    
                                            a Criminal Division      
                                            organized crime strike   
                                            force established        
                                            pursuant to 28 U.S.C.    
                                            § 510                    
 
 9-15.210  Prosecutors may not act on any   Office of                
           foreign extradition or           International Affairs,   
           provisional arrest request       Assistant Attorney       
           that comes from a source other   General, Criminal        
           than OIA.                        Division                 
 
 9-15.800  Written approval is required     Assistant Attorney       
           before prosecutors may agree,    General, Criminal        
           formally or informally, to       Division, Office of      
           prevent or delay extradition     International Affairs    
           or deportation of cooperating                             
           aliens.                                                   
           
 9-16.010  Prior Approval is required for   Attorney General,        
           consent to a plea of nolo        Associate Attorney       
           contendere.  See also USAM       General, Deputy          
           9-27.520.                        Attorney General, or     
                                            Assistant Attorney       
                                            General with             
                                            supervisory              
                                            responsibility for the   
                                            subject matter.          
                                                                     
 
 9-16.015  Prior Approval is required for   Attorney General,        
           consent to an Alford plea. See   Associate Attorney       
           also USAM 9-27.400.              General, Deputy          
                                            Attorney General, or     
                                            Assistant Attorney       
                                            General with             
                                            supervisory              
                                            responsibility for the   
                                            subject matter.          
 
 9-16.030  Consultation with                Relevant Investigative   
           investigative agencies and       Agencies, and any        
           victims is necessary before      known victim             
           entering into a plea                                      
           agreement.                                                
 
 9-16.110  Prior approval is required for   Public Integrity         
           plea agreements with             Section, Criminal        
           defendants who are candidates    Division                 
           or members of Congress or                                 
           federal judges.                                           
 
 9-19.220  Prior Approval is required for   United States Attorney   
           search warrant applications      or supervising DOJ       
           for documentary materials in     attorney AND             
           possession of third parties,     Deputy Assistant         
           such as physicians, attorneys,   Attorney General for     
           or clergymen.                    the division which       
                                            supervises the           
                                            underlying offense       
                                            being investigated or    
                                            prosecuted.  With        
                                            respect to offenses      
                                            supervised by the        
                                            Criminal Division,       
                                            contact the Office of    
                                            Enforcement              
                                            Operations.              
 
 9-19.240  Approval is needed before a      Deputy Assistant         
           warrant is sought for seizure    Attorney General,        
           of any work product materials    through the Policy and   
           or other documentary materials   Statutory Enforcement    
           possessed by a person            Unit, Office of          
           reasonably believed to have a    Enforcement Operations   
           purpose to disseminate to the                             
           public a newspaper, book,                                 
           broadcast, or other similar                               
           public communications that are                            
           governed by Title I of the                                
           Privacy Protection Act of                                 
           1980.                                                     
 
 9-19.600  Prior Approval is required for   Assistant Attorney       
           search warrants for evidence     General, Tax Division    
           of criminal tax offenses under                            
           the jurisdiction of the Tax                               
           Division.                                                 
 
 9-21.050  Prior Approval is required to    Special Operations       
           use, for investigative           Unit, Office of          
           purposes, persons  who are in    Enforcement              
           the custody of the USMS or       Operations, Criminal     
           BOP, or who are under BOP        Division                 
           supervision. This approval                                
           requirement applies whether                               
           the individual is sentenced or                            
           unsentenced, but it does not                              
           apply if the person in Federal                            
           custody has not yet been                                  
           arraigned, unless 72 hours                                
           have passed.                                              
 
 9-21.200  Approval is required of          Attorney General;        
           applications for Witness         Deputy Attorney          
           Security Program/Protection of   General; Associate       
           Witnesses.                       Attorney General;        
                                            Assistant Attorney       
                                            General, Civil Rights    
                                            Division (if a           
                                            criminal civil rights    
                                            matter is involved);     
                                            Assistant Attorney       
                                            General, Criminal        
                                            Division; or the         
                                            Director or Senior       
                                            Associate Director of    
                                            the Office of            
                                            Enforcement              
                                            Operations, Criminal     
                                            Division.                
 
 9-21.400  Prior Approval is required for   Witness Security Unit    
           public disclosure of a           of the                   
           witness's pending or actual      Office of Enforcement    
           participation in the Witness     Operations, Criminal     
           Security Program.                Division                 
 
 9-21.800  Prior approval is required to    Witness Security Unit    
           use any of the following         of the Office of         
           persons as an informant: a       Enforcement              
           currently protected witness,     Operations, Criminal     
           anyone relocated because of a    Division                 
           witness's cooperation, or a                               
           former protected witness.                                 
 
 9-23.130  Authorization is required        Assistant Attorney       
           before requesting  immunity.     General, Criminal        
                                            Division, through        
                                            Office of Enforcement    
                                            Operations; (Antitrust   
                                            AAG, Civil Rights AAG,   
                                            Civil AAG, ENRD AAG,     
                                            and Tax AAG may          
                                            authorize compulsion     
                                            orders also, but must    
                                            obtain Criminal          
                                            Division clearance.)     
 
 9-23.400  Prior written approval is        Attorney General,        
           required to initiate or          through the Assistant    
           recommend prosecution of an      Attorney General for     
           immunized person for an          the division that        
           offense or offenses first        issued the letter of     
           disclosed in, or closely         authority for            
           related to, immunized            requesting the           
           testimony or information.        original compulsion      
                                            order. (Through the      
                                            Office of Enforcement    
                                            Operations for           
                                            Criminal Division        
                                            matters.)                
 
 9-27.140  Approval is required for any     Assistant Attorney       
           significant modification of or   General, Deputy          
           departure from the Principles    Attorney General         
           of Federal Prosecution, if the                            
           modification or departure will                            
           be a matter of policy or                                  
           regular practice.                                         
 
 9-27.300  Approval is required not to      United States            
           file a sentencing enhancement    Attorney, Chief AUSA,    
           under 21 U.S.C. § 851 (unless    or senior supervisory    
           the failure to file the          criminal AUSA            
           sentencing enhancement would                              
           not affect the applicable                                 
           guideline range).                                         
 
 9-27.400  Prior approval is required to    United States            
           dismiss readily provable         Attorney, or other       
           charges.                         designated supervisory   
                                            level attorney           
 
 9-27.400  Prior approval is required to    United States Attorney   
           seek a departure other than      or other designated      
           one listed in Chapter 5, Part    supervisory level        
           X of the United States           attorney                 
           Sentencing Guidelines.                                    
 
 9-27.400  Prior approval to file a 5K1.1   United States            
           motion for downward departure    Attorney, Chief AUSA,    
           based upon substantial           or other supervisory     
           assistance.                      criminal AUSA            
 
 9-27.640  Prior Approval is required to    Assistant Attorney       
           enter into a nonprosecution      General, Criminal        
           agreement in exchange for        Division                 
           cooperation when: 1)                                      
           consultation or approval is                               
           required (by a statute or DOJ                             
           policy) for a declination of                              
           prosecution or dismissal of a                             
           charge with regard to which                               
           the agreement is to be made;                              
           or, 2) the person is  a) a                                
           high level federal, state, or                             
           local official,  b) an                                    
           official or agent of a federal                            
           investigative or law                                      
           enforcement agency, or  c) a                              
           person who is, or likely to                               
           become, of major public                                   
           interest.                                                 
 
 9-27.641  Prior written approval is        The United States        
           required to enter into multi-    Attorney in each         
           district (global) plea           affected district        
           agreements.                      and/or Assistant         
                                            Attorney General,        
                                            Criminal Division,       
                                            through the Witness      
                                            Immunity Unit (AAG       
                                            approval is needed       
                                            only when there is a     
                                            dispute between the      
                                            USA's involved or when   
                                            DOJ Criminal Division    
                                            is involved in the       
                                            case.)                   
 
 9-41.010  Notification is required of      Attorney General,        
           decision not to investigate or   through Fraud Section,   
           prosecute possible violation     Criminal Division        
           of bankruptcy matter referred                             
           by judge, receiver, or trustee                            
           for Attorney General                                      
           direction.                                                
 
 9-42.430  Consultation is required         Federal Procurement      
           regarding prosecution or         Fraud Unit of the        
           declination of a volunteer       Fraud Section,           
           corporation under the Dept. of   Criminal Division        
           Defense Voluntary Disclosure                              
           Program.                                                  
 
 9-42.451  Express approval is required     Health and Human         
           before prosecutors enter into    Services                 
           any plea bargains involving                               
           Health and Human Services                                 
           (HHS) programs that would                                 
           attempt to include a                                      
           commitment to forgo or                                    
           restrict administrative                                   
           remedies of HHS.                                          
 
 9-47.110  Prior approval is required to    Fraud Section,           
           institute an investigation or    Criminal Division        
           prosecution of cases involving                            
           alleged violations of Sections                            
           103, 104, and 104A, and related                           
           violations of Section 102, of                             
           the Foreign Corrupt Practices                             
           Act (FCPA) of 1977 (15 U.S.C.                             
           §§ 78m(b), 78dd-1, 78dd-2,                            
           78dd-3).                                                       
 
 9-59.100  Prior approval is required to    Attorney General,        
           file charges under the           Deputy Attorney          
           Economic Espionage Acts (18      General, or Assistant    
           U.S.C. §§ 1831 et seq.           Attorney General,        
                                            through the Computer     
                                            Crimes and               
                                            Intellectual Property    
                                            Section (CCIPS) of the   
                                            Criminal Division.       
                                            CCIPs will consult       
                                            with the Internal        
                                            Security Section in      
                                            certain cases.           
 
 9-60.112  Consultation is required         Civil Rights Division,   
           before making a prosecutive      Criminal Section         
           determination involving                                   
           possible violations of the                                
           peonage or involuntary                                    
           servitude statutes.                                       
 
 9-60.700  Consultation is required         Assistant Attorney       
           before initiating prosecution    General, Criminal        
           relating to a hostage taking     Division, Terrorism      
           occurring within United          and Violent Crime        
           States.  Approval is required    Section                  
           if the hostage taking occurred                            
           outside the United States.                                
 
 9-60.1200 Consultation is required         Terrorism and Violent    
           before instituting grand jury    Crime Section            
           proceedings, filing an                                    
           information, or seeking an                                
           indictment of a violation of                              
           18 U.S.C. §§ 231-233, 2101,                               
           2102 (civil disturbances and                              
           riots).                                                   
 
 9-63.135  Air Piracy within the special    Terrorism and Violent    
           aircraft jurisdiction of the     Crime Section,           
           United States:  Consultation     Criminal Division        
           is required before dismissing,                            
           in whole or in part, an                                   
           indictment, information, or                               
           complaint containing air                                  
           piracy charges or entering                                
           into any agreement to forego                              
           an air piracy prosecution that                            
           occurred within the special                               
           aircraft jurisdiction of the                              
           United States.  49 U.S.C. §                               
           46502(a)                                                  
           in whole or in part, an                                   
           indictment, information, or                               
           complaint containing air                                  
           piracy charges or entering                                
           into any agreement to forego                              
           an air piracy prosecution that                            
           occurred within the special                               
           aircraft jurisdiction of the                              
           United States.  49 U.S.C. §                               
           46502(a)                                                  
 
 9-63.181  Air Piracy outside the special   Terrorism and Violent    
           aircraft jurisdiction of the     Crime Section,           
           United States:  Approval is      Criminal Division        
           required to initiate a                                    
           criminal investigation,                                   
           commence grand jury                                       
           proceedings, file an                                      
           information or complaint, or                              
           seek the return of an                                     
           indictment in matters                                     
           involving overseas terrorism,                             
           including air piracy that                                 
           occurs outside the special                                
           aircraft jurisdiction of the                              
           United States.                                            
                                                                     
           Consultation is required                                  
           before dismissing, in whole or                            
           in part, an indictment,                                   
           information, or complaint                                 
           containing air piracy charges                             
           or entering into any agreement                            
           to forego an air piracy                                   
           prosecution that occurred                                 
           outside the special aircraft                              
           jurisdiction of the United                                
           States.                                                   
           49 U.S.C. § 46502(b)                                      
 
 9-63.221  Prior approval is required for   Assistant Attorney       
           indictments alleging a           General, Criminal        
           violation of 18 U.S.C. § 32(b)   Division                 
           (Aircraft Sabotage).                                      
 
 9-65.110  Telephonic notification is       Terrorism and Violent    
           required immediately upon the    Crime Section,           
           initiation of any                Criminal Division        
           investigation under 18 U.S.C.                             
           § 1751.                                                   
 
 9-65.200  Prosecutors are encouraged to    Terrorism and Violent    
           consult when in doubt of the     Crime Section,           
           prosecutive merit of a case      Criminal Division        
           when relating to the security                             
           of the persons protected by 18                            
           U.S.C. § 871 (President, Vice-                            
           President, etc).                                          
 
 9-65.200  Prior approval is required to    Terrorism and Violent    
           dismiss complaints under 18      Crime Section,           
           U.S.C. § 871, when the           Criminal Division        
           defendant is in custody under                             
           the Mental Incompetency                                   
           Statutes.                                                 
                                                                     
           In all other § 871 cases,                                 
           consultation is required prior                            
           to dismissing a count                                     
           involving, or entering into                               
           any sentence commitment or                                
           other case settlement.                                    
 
 9-65.700  Notification is required         Terrorism and Violent    
           immediately upon the             Crime                    
           initiation of an investigation   Section                  
           under 18 U.S.C. § 351.                                    
 
 9-65.811  Notification is required prior   Terrorism and Violent    
           to arrest or indictment of       Crime Section,           
           members of Taiwan's              Criminal Division        
           Coordination Council for North                            
           American Affairs (CCNAA).                                 
 
 9-69.200  Prior approval is required for   Fraud Section,           
           investigations or prosecutions   Criminal Division        
           of perjury before Congress and                            
           contempt of Congress.  See                                
           also USAM 9-90.550.              
                  
           (additional approval                                      
           requirement regarding contempt                            
           of Congress relating to                                   
           national security)                                        
 
 9-69.200  Consultation is required         Criminal Division        
           before prosecuting an            through the Section      
           individual for perjury           having supervisory       
           committed during a trial that    responsibility for the   
           resulted in acquittal.           original offense         
                                            charged.                 
 
 9-69.460  Written approval is required     Attorney General,        
           before initiating a              Deputy Attorney          
           prosecution for a violation of   General, Associate       
           18 U.S.C. § 1073 (Flight to      Attorney General, or     
           Avoid Prosecution, Custody,      Assistant Attorney       
           Confinement, or Giving           General, through         
           Testimony).                      Terrorism and Violent    
                                            Crime Section            
 
 9-72.100  Approval is required of          Assistant Attorney       
           applications for S               General, Criminal        
           nonimmigrant visa                Division through the     
           classification.                  Policy and Statutory     
                                            Enforcement Unit of      
                                            the Office of            
                                            Enforcement Operations   
                                            and the Commissioner     
                                            of the INS               
 
 9-73.801  Prior consultation is required   Office of Immigration    
           to institute proceedings to      Litigation, Civil        
           revoke naturalization under 8    Division.                
           U.S.C. § 1451.                                            
 
 9-75.010  CEOS and Organized Crime and     Child Exploitation &     
           Racketeering jointly authorize   Obscenity Section;       
           RICO prosecutions that involve   Organized Crime and      
           a predicate offense of           Racketeering Section     
           obscenity, sexual exploitation                            
           of children or the                                        
           transportation of children for                            
           illegal sexual activities.  See                           
           also USAM chapter 9-110.                 
            
 
 9-75.030  Prior to initiating any activity Child Exploitation &     
           related to an investigation or   Obscenity Section,       
           prosecution in a district,       Criminal Division;       
           CEOS shall obtain approval       United States Attorney   
           from the United States                                    
           Attorney for that District.                               
           USAOs shall inform CEOS of all                            
           significant investigations and                            
           cases being prosecuted in the                             
           district as well as all                                   
           significant judicial decisions                            
           issued in such cases.                                     
 
 9-75.100  In cases in which the target     Child Exploitation and   
           conducts business or commits     Obscenity Section,       
           the charged crimes in more than  Criminal Division        
           one district, USAOs shall                                 
           notify CEOS prior to instituting                          
           charges against, or entering                              
           into a plea agreement with, the                           
           target.                                                   
                                                                     
           In cases where there are                                  
           multiple targets who may be                               
           located in different districts,                           
           the USAO shall notify CEOS and                            
           the Child Exploitation and                                
           Obscenity Coordinator in the                              
           other districts prior to                                  
           instituting charges against a                             
           target.  This notification                                
           should occur as early in the                              
           investigative stage as possible                           
           to permit early resolution of                             
           venue issues, if any.                                     
 
 9-75.110  CEOS shall be consulted during   Child Exploitation &     
           the development of a nationwide  Obscenity Section,       
           investigation (i.e., an          Criminal Division        
           investigation likely to have an                           
           impact in all or most of the                              
           districts) that will be                                   
           supervised by a USAO attorney.                            
           The supervising attorney,                                 
           whether from CEOS or USAO,                                
           shall notify all United States                            
           Attorneys of the nationwide                               
           investigation prior to its                                
           implementation.  The supervising                          
           attorney conducting a nationwide                          
           investigation shall notify                                
           the Child Exploitation and                                
           Obscenity Coordinator in each                             
           district where a potential                                
           defendant is located as soon as                           
           that information is developed,                            
           and keep CEOS and the involved                            
           Coordinators apprised as to the                           
           progress of the investigation.                            

 9-76.110  Consultation is required         Federal Aviation         
           regarding settlement proposals   Administration           
           under the Federal Aviation Act                            
           of 1958.                                                  
 
 9-79.100  Consultation is required         Child Exploitation &     
           before prosecuting persons for   Obscenity Section,       
           violations of 18 U.S.C. § 2421   Criminal Division        
           et seq., other than those                                 
           engaged in commercial                                     
           prostitution enterprises such                             
           as panderers, operators of                                
           houses of prostitution, or                                
           call-girl operations, and                                 
           those acting for or in                                    
           association with such persons.                            
 
 9-79.400  Notification is required         Policy and Statutory     
           before declining to prosecute    Enforcement Unit, Office 
           failure to register with the     of Enforcement           
           Selective Service. 50 U.S.C.     Operations, Criminal     
           App. § 462                       Division                 
                                                                     
           Consultation is required prior                            
           to dismissing a count                                     
           involving, or entering into                               
           any sentence commitment of                                
           other case settlement in a                                
           case involving failure to                                 
           register with the Selective                               
           Service.  50 U.S.C. App. § 462                            
 
 9-79.410  Consultation is required         Fraud Section,           
           before instituting grand jury    Criminal Division        
           proceedings, filing an                                    
           information, or seeking an                                
           indictment for the offense of                             
           desecration of the flag.                                  
 
 9-79.420  Consultation is required         Public Integrity         
           before instituting grand jury    Section, Criminal        
           proceedings, filing an           Division                 
           information, or seeking an                                
           indictment of disclosure                                  
           violations under 26 U.S.C.                                
           § 7213.                                                   
 
 9-85.200  Prior approval (certification)   Attorney General or      
           is required for a prosecution    Deputy Attorney          
           of an offense under 18 U.S.C.    General, through the     
           § 245.                           Public Integrity         
                                            Section, Criminal        
           Consultation is required         Division or the          
           before an investigation beyond   Criminal Section of      
           a preliminary inquiry is         the Civil Rights         
           requested, and before            Division                 
           instituting grand jury                                    
           proceedings based upon a                                  
           federally protected activity                              
           identified in 18 U.S.C. § 245.                            
 
 9-85.210  Consultation is required in      Public Integrity         
           all federal criminal matters     Section, Criminal        
           that focus on violations of      Division                 
           federal or state campaign                                 
           financing laws, federal                                   
           patronage crimes, and                                     
           corruption of the electoral                               
           process.  These offenses                                  
           include, but are not limited                              
           to, offenses described in:  18                            
           U.S.C. §§ 241 to 242, 245, 592                            
           to 611; 42 U.S.C. §§ 1973i(c),                            
           1973i(e), and 1973gg-10; 2                                
           U.S.C. §§ 431 to 455; and                                 
           prosecutive theories that                                 
           focus on corruption of                                    
           electoral processes or                                    
           campaign fundraising                                      
           violations using 18 U.S.C. §§                             
           1341, 1343, and 1346; 18                                  
           U.S.C. § 1952; 18 U.S.C. §§                          
           1956 and 1957.                                            
                 With regard to federal                              
           campaign matters arising under                            
           2 U.S.C. §§ 431-455,                                      
           consultation is required                                  
           before any inquiry is                                     
           requested or conducted.  With                             
           regard to all other election-                             
           related investigations (other                             
           than those described in 9-                                
           85.200 (Federally Protected                               
           Activities)), consultation is                             
           required before an                                        
           investigation beyond a                                    
           preliminary inquiry is                                    
           requested, and before                                     
           instituting grand jury                                    
           proceedings, filing an                                    
           information, or seeking an                                
           indictment.  See also USAM                              
           9-90.020, which requires         
           consultation with the Internal                            
           Security Section before                                   
           prosecuting 2 U.S.C. § 441e                               
           offenses.                                                 
 
 9-85.220  Consultation is required         Public Integrity         
           before instituting grand jury    Section, Criminal        
           proceedings, filing an           Division                 
           information, or seeking an                                
           indictment for violations of                              
           18 U.S.C. §§ 210 and 211                                  
           (Purchase and Sale of Public                              
           Office).                                                  
 
 9-85.230  Consultation is required         Public Integrity         
           before instituting grand jury    Section, Criminal        
           proceedings, filing an           Division                 
           information, or seeking an                                
           indictment for violations of                              
           18 U.S.C. § 1913 (Lobbying                                
           with Appropriated Funds).                                 
 
 9-85.240  All allegations received by      Public Integrity         
           United States Attorneys          Section, Criminal        
           concerning any individuals       Division                 
           covered by the Ethics in                                  
           Government Act (28 U.S.C.                                 
           § 591) must be referred to the                            
           Department.                                               
 
 9-90.020  Express prior approval is        Assistant Attorney       
           required for prosecution of      General, Criminal        
           offenses involving national      Division, through        
           security. Consultation is        Internal Security        
           required before an arrest is     Section                  
           made, search warrant is                                   
           obtained, grand jury                                      
           investigation is commenced,                               
           immunity is offered,                                      
           indictment is presented, a                                
           prosecution is declined or an                             
           adverse ruling or decision is                             
           appealed in cases affecting                               
           national security.  The                                   
           following statutes are                                    
           encompassed by these prior                                
           approval and consultation                                 
           requirements when they relate                             
           to national security:                                     
           
           1) 2 U.S.C. § 192, Contempt of   Assistant Attorney       
           Congress Related to National     General, Criminal        
           Security.  See also              Division, through        
           USAM 9-69.200 regarding other    Internal Security        
           contempts of Congress.           Section                  
           
           2) 2 U.S.C. § 261 et seq.        Assistant Attorney       
           Federal Regulation of Lobbying   General, Criminal        
           Act.                             Division, through        
                                            Internal Security        
                                            Section                  
           
           3) 8 U.S.C. § 1185(b) and 18     Assistant Attorney       
           U.S.C. §§ 1542-1544, Travel      General, Criminal        
           Controls of Citizens.            Division, through        
                                            Internal Security        
                                            Section                  
           
           4) 18 U.S.C. § 219 et seq.,      Assistant Attorney       
           Officers and employees of        General, Criminal        
           United States Acting as          Division, through        
           Foreign Agents; and Conflicts    Internal Security        
           of Interest.                     Section                  
           
           5) 18 U.S.C. § 791 et seq.,      Assistant Attorney       
           Espionage; Unauthorized          General, Criminal        
           Disclosure of Classified         Division, through        
           Information.                     Internal Security        
                                            Section                  
           
           6) 18 U.S.C. § 952 et seq.,      Assistant Attorney       
           Neutrality Laws.                 General, Criminal        
                                            Division, through        
                                            Internal Security        
                                            Section                  
           
           7) 18 U.S.C. § 1001, False       Assistant Attorney       
           Statements concerning            General, Criminal        
           membership in organizations      Division, through        
           advocating violent overthrow     Internal Security        
           of government.                   Section                  
           
           8) 18 U.S.C. § 1030(a)(1),       Assistant Attorney       
           Computer Espionage.              General, Criminal        
                                            Division, through        
                                            Internal Security        
                                            Section                  
           
           9) 18 U.S.C. § 1071 et seq.,     Assistant Attorney       
           Harboring.                       General, Criminal        
                                            Division, through        
                                            Internal Security        
                                            Section                  
           
           10) 18 U.S.C. § 1073, Flight     Assistant Attorney       
           to Avoid Prosecution or Giving   General, Criminal        
           Testimony.                       Division, through        
                                            Internal Security        
                                            Section                  
           
           11) 18 U.S.C. § 1501 et seq.,    Assistant Attorney       
           Obstruction of Justice.          General, Criminal        
                                            Division, through        
                                            Internal Security        
                                            Section                  
           
           12) 18 U.S.C. § 1542 et seq.,    Assistant Attorney       
           Passport Violations Related to   General, Criminal        
           National Security.               Division, through        
                                            Internal Security        
                                            Section                  
                                                                     
           
           13) 18 U.S.C. § 2151 et seq.,    Assistant Attorney       
           Sabotage.                        General, Criminal        
                                            Division, through        
                                            Internal Security        
                                            Section                  
           
           14) 18 U.S.C. § 2381 et seq.,    Assistant Attorney       
           Treason, Sedition and            General, Criminal        
           Subversive Activities.           Division, through        
                                            Internal Security        
                                            Section                  
           
           15) 18 U.S.C. § 2383,            Assistant Attorney       
           Inciting, Assisting or           General, Criminal        
           Engaging in Rebellion or         Division, through        
           Insurrection.                    Internal Security        
                                            Section                  
           
           16) 18 U.S.C. § 2385, Smith      Assistant Attorney       
           Act.                             General, Criminal        
                                            Division, through        
                                            Internal Security        
                                            Section                  
           
           17) 18 U.S.C. § 2386, Voorhis    Assistant Attorney       
           Act.                             General, Criminal        
                                            Division, through        
                                            Internal Security        
                                            Section                  
           
           18) 18 U.S.C. § 3150, Jumping    Assistant Attorney       
           Bail.                            General, Criminal        
                                            Division, through        
                                            Internal Security        
                                            Section                  
           
           19) 22 U.S.C. § 611 et seq,      Assistant Attorney       
           Foreign Agents Registration      General, Criminal        
           Act.                             Division, through        
                                            Internal Security        
                                            Section                  
           
           20) 42 U.S.C. § 2273 et seq,     Assistant Attorney       
           Atomic Energy Act.               General, Criminal        
                                            Division, through        
                                            Internal Security        
                                            Section                  
           
           21) 50 U.S.C. § 783 et seq,      Assistant Attorney       
           Communication of Classified      General, Criminal        
           Information by Government        Division, through        
           Officer or Employee.             Internal Security        
                                            Section                  
           
           22) 50 U.S.C. § 851-857,         Assistant Attorney       
           Registration of persons who      General, Criminal        
           have knowledge and received      Division, through        
           training in espionage.           Internal Security        
                                            Section                  
           
           23) 50 U.S.C. § 421,             Assistant Attorney       
           Intelligence Identities          General, Criminal        
           Protection Act.                  Division, through        
                                            Internal Security        
                                            Section                  
           
           24) 50 U.S.C. § 1701 et seq,     Assistant Attorney       
           International Emergency          General, Criminal        
           Economic Powers Act.             Division, through        
                                            Internal Security        
                                            Section                  
           
           25) 50 U.S.C. § 2401 et seq,     Assistant Attorney       
           Violations of the Export         General, Criminal        
           Administration Arms Export       Division, through        
           Control Act.  22 U.S.C. §        Internal Security        
           2778.                            Section                  
           
           26) 50 U.S.C. App. § 5(b),       Assistant Attorney       
           Trading with the enemy.          General, Criminal        
                                            Division, through        
                                            Internal Security        
                                            Section                  
 
 9-90.020  Consultation is required in      Assistant Attorney       
           cases in which classified        General, Criminal        
           information plays a role in      Division, through        
           the prosecutive decision and     Internal Security        
           for use of the Classified        Section                  
           Information Procedures Act.                               
                                                                     
                                                                     
 
 9-90.020  Consultation is required         Assistant Attorney       
           before initiating a              General, Criminal        
           prosecution under 2 U.S.C.       Division, through        
           § 441e, Campaign Contributions   Internal Security        
           by Foreign Nationals.  See       Section, Registration    
           also USAM 9-85.210, which        Unit                     
           requires consultation with the                            
           Public Integrity Section                                  
           before initiating any                                     
           investigation under this                                  
           section.                                                  
 
 9-90.100  The USAO National Security       Attorney General,        
           Coordinator must notify the      Deputy Attorney          
           Internal Security Section when   General, Assistant       
           national security issues arise   Attorney General,        
           in the course of prosecutions    Criminal Division,       
           of offenses not related to the   through Chief,           
           national security.               Internal Security        
                                            Section                  
 
 9-90.210  Approval is required to          United States Attorney   
           request to search an             or a senior designee     
           Intelligence Community (IC)      AND the                  
           file in connection with a        Internal Security        
           criminal investigation or        Section, Criminal        
           prosecution.                     Division                 
 
 9-90.230  Prior to any grand jury          Relevant Intelligence    
           appearance by a target who is    Agency through the       
           an intelligence officer,         Internal Security        
           asset, or other employee of      Section, Criminal        
           the intelligence community,      Division                 
           consultation with the                                     
           intelligence agency whose                                 
           information may be disclosed                              
           by the target's testimony is                              
           required.                                                 
 
 9-90.240  Notification is required if a    Internal Security        
           district court or appellate      Section, Criminal        
           court will not accept a          Division                 
           substitution proposed by the                              
           government under CIPA section                             
           6(c).                                                     
 
 9-90.240  Approval is required to file     Internal Security        
           an interlocutory appeal under    Section, Criminal        
           section 7(a) of CIPA.            Division                 
 
 9-90.240  Notification is required if it   Internal Security        
           becomes likely that an           Section, Criminal        
           intelligence agency employee     Division                 
           will testify in any criminal                              
           case.                                                     
           
 9-105.300 Prior approval is required       Asset Forfeiture and     
           before commencement of           Money Laundering         
           investigation where              Section, Criminal        
           jurisdiction to prosecute is     Division                 
           based solely on                                           
           extraterritorial jurisdiction                             
           provisions of 18 U.S.C. §§                                
           1956 and 1957.                                            
 
 9-105.300 Prior approval is required to    Assistant Attorney       
           prosecute under 18 U.S.C. §      General, Tax Division    
           1956(a)(1)(A)(ii) when the                                
           sole or principal purpose of                              
           the financial transaction was                             
           to evade the payment of taxes.                            
           See also 9-105.750.            
                    
 
 9-105.300 Prior approval is required to    Asset Forfeiture and     
           prosecute attorneys under 18     Money Laundering         
           U.S.C. § 1956 or § 1957 when     Section, Criminal        
           the financial transaction is     Division                 
           one involving attorneys' fees.                            
           See also 9-105.600 et          
           seq.                                                      
 
 9-105.300 Prior approval is required       Asset Forfeiture and     
           before filing of criminal        Money Laundering         
           indictment or complaint in       Section, Criminal        
           which a financial institution    Division                 
           would be named as defendant or                            
           unindicted co-conspirator.                                
 
 9-105.310 Notification (by sending a       Asset Forfeiture and     
           copy of indictment or            Money Laundering         
           complaint) is required of all    Section, Criminal        
           criminal cases that include      Division                 
           charges under 18 U.S.C. § 1956                            
           or § 1957, and all forfeiture                             
           cases involving 18 U.S.C. §                               
           981 or § 982.  Following                                  
           sentencing, prosecutors should                            
           provide notification regarding                            
           the disposition of the case.                              
 
 9-105.320 Notification is required of      Asset Forfeiture and     
           all convictions of financial     Money Laundering         
           institutions, or any officer,    Section, Criminal        
           director, or employee of a       Division                 
           financial institution, for the                            
           following offenses: 18 U.S.C.                             
           §§ 1957 or 1960, or 31 U.S.C.                             
           § 5322.                                                   
 
 9-105.330 Consultation is required         Asset Forfeiture and     
           before filing a civil or         Money Laundering         
           criminal forfeiture action       Section, Criminal        
           when forfeiture of a business    Division                 
           is sought under the theory                                
           that business facilitated                                 
           money laundering offenses.                                
 
 9-105.330 Consultation is required         Asset Forfeiture and     
           before filing civil action       Money Laundering         
           under § 1956(b) against          Section, Criminal        
           business entity.                 Division                 
 
 9-105.330 Consultation is required         Asset Forfeiture and     
           before filing an indictment or   Money Laundering         
           complaint when conduct to be     Section, Criminal        
           charged as "specified unlawful   Division                 
           activity" under 18 U.S.C. §                               
           1956 and § 1957 consists                                  
           primarily of one or more                                  
           financial offenses or fraud                               
           offenses, and when the                                    
           financial and money laundering                            
           offenses are so closely                                   
           connected that there is no                                
           clear delineation between the                             
           underlying financial crime and                            
           the money laundering offense.                             
 
 9-105.330 Consultation is required prior   Asset Forfeiture and     
           to filing an indictment or       Money Laundering         
           complaint when the conduct to    Section, Criminal        
           be charged as money laundering   Division                 
           under § 1956 or § 1957, or                                
           when the basis for a                                      
           forfeiture action under § 981                             
           consists of the deposit of                                
           proceeds of specified unlawful                            
           activity into a domestic                                  
           financial institution account                             
           that is clearly identifiable                              
           as belonging to the person(s)                             
           who committed the specified                               
           unlawful activity                                         
 
 9-105.750 Approval for use of specific     Assistant Attorney       
           intent language set forth in     General, Criminal        
           18 U.S.C. § 1956(a)(1)(A)(ii)    Section Tax Division     
           in proposed indictment when 1)                            
           indictment contains charges                               
           for which Tax Division                                    
           authorization is required and                             
           2) the intent to engage in                                
           conduct constituting a                                    
           violation of 26 U.S.C. § 7201                             
           or 26 U.S.C. § 7206 is the                                
           sole or principal purpose of                              
           the financial transaction                                 
           which is the subject of the                               
           money laundering count. See                               
           also 9-105.300.                                      
 
 9-110.101 Prior approval is required to    Organized Crime and      
           file a RICO criminal             Racketeering Section,    
           indictment or information or     Criminal Division        
           civil complaint, or to issue a                            
           civil investigative demand.                               
 
 Criminal  Prior approval is required to    Organized Crime and      
 Resource  file a motion for a              Racketeering Section,    
 Manual at restraining order in a RICO      Criminal Division        
 2084.      prosecution.                                              
 
 9-110.801 Prior approval is required       Organized Crime and      
           before any criminal              Racketeering Section,    
           prosecution under 18 U.S.C. §    Criminal Division        
           1959 may be initiated by                                  
           indictment or information.                                
 
 9-111.600 Approval is required to retain   Chief, Asset             
           cash in the amount of $5,000     Forfeiture and Money     
           or more for evidentiary          Laundering Section,      
           purposes.                        Criminal Division        
 
 9-112.110 Approval is required for the     Asset Forfeiture and     
           judicial forfeiture of           Money Laundering         
           property that would not          Section, Criminal        
           otherwise be forfeited           Division                 
           administratively in cases that                            
           are not covered by the                                    
           exception for compelling                                  
           prosecutorial considerations                              
           or the exception for                                      
           aggregation of seized                                     
           property.                                                 
 
 9-112.220 Prior approval is required for   Chief, Asset             
           denial by seizing agency of in   Forfeiture and Money     
           forma pauperis petitions for     Laundering Section,      
           waiver of cost bond in           Criminal Division        
           forfeiture cases.                                         
 
 9-112.240 Prior approval is required for   Asset Forfeiture and     
           a pre-indictment ex parte        Money Laundering         
           application for a temporary      Section, Criminal        
           restraining order in criminal    Division                 
           forfeiture cases.                                         
 
 9-113.103 Consultation is required         Seizing Agency           
           before entering into                                      
           settlements or plea agreements                            
           that return property that is                              
           the subject of administrative                             
           forfeiture proceedings.                                   
 
 9-113.107 Approval is required for any     Asset Forfeiture and     
           settlement which provides for    Money Laundering         
           unsecured partial payments.      Section, Criminal        
                                            Division, in             
                                            consultation with the    
                                            U.S. Marshals Service    
 
 9-113.200 Consultation is required         Consultation: Asset      
           regarding a proposed             Forfeiture and Money     
           settlement if a civil or         Laundering Section,      
           criminal forfeiture claim is     Criminal Division        
           more than $500,000, unless the                            
           original claim is between                                 
           $500,000 and $5 million, and     Approval: Deputy         
           the difference between the       Attorney General         
           original claim and the                                    
           settlement amount does not                                
           exceed 15 percent of the                                  
           original claim.                                           
                                                                     
           Approval is required for a                                
           settlement in which the                                   
           difference between the                                    
           original claim and the                                    
           proposed settlement exceeds $2                            
           million or 15 percent of the                              
           original claim, whichever is                              
           greater.                                                  
                                                                     
 
 9-113.800 Written approval is required     Asset Forfeiture and     
           of any agreement to pay liens    Money Laundering         
           and mortgages to a lienholder    Section, Criminal        
           prior to forfeiture under the    Division                 
           Expedited Forfeiture                                      
           Settlement Policy for Mortgage                            
           Holders.                                                  
 
 9-115.421 Approval is required to convey   Seized Assets            
           title through a general          Division, U.S.           
           warranty deed or its             Marshals Service         
           equivalent.                                               
 
 9-116.170 Approval is required to adopt    Asset Forfeiture and     
           state or local seizures          Money Laundering         
           directly for judicial            Section, Criminal        
           forfeiture.                      Division                 
 
 9-116.520 Approval is required to          Deputy Attorney          
           transfer real property to        General or designee,     
           state or local agencies for      through Asset            
           further transfer to other        Forfeiture and Money     
           government agencies or non-      Laundering Section       
           profit agencies for use in the                            
           Weed and Seed Program.                                    
 
 9-116.400 Prior approval is required to    Attorney General and     
           share internationally.           Secretary of State,      
                                            through the Asset        
                                            Forfeiture and Money     
                                            Laundering Section,      
                                            Criminal Division.       
 
 9-117.210 Prior approval is required to    Asset Forfeiture and     
           use funds from the Assets        Money Laundering         
           Forfeiture Fund to pay Equal     Section, Criminal        
           Access to Justice (EAJA)         Division                 
           awards arising from actions                               
           related to the forfeiture of                              
           property.                                                 
 
 9-118.000 Approval is required of          Deputy    Attorney          
 et seq.   equitable sharing in the         General or designee      
           following circumstances: (1)                              
           in cases involving $1 million                             
           or more in forfeited assets;                              
           (2) in multi-district cases;                              
           and (3) in cases involving                                
           real property transfers to a                              
           state or local agency for law                             
           enforcement related use.                                  
 
 9-118.000 Approval is required for         Deputy    Attorney          
 et seq.   allocations from the Assets      General or designee      
           Forfeiture Fund to program                                
           participants for statutorily                              
           designated uses.                                          
 
 9-118.400 Approval is required of a        Chief, Asset             
           seizing agency's decision to     Forfeiture and Money     
           place property into the          Laundering Section,      
           agency's own official use, if    Criminal Division        
           the liens on the property                                 
           equal $25,000 or one-third of                             
           the value, whichever is                                   
           greater.                                                  
 
 9-118.400 Approval is required of the      Chief, Asset             
           U.S. Marshals Service's          Forfeiture and Money     
           decision to place personal       Laundering Section,      
           property into official use by    Criminal Division        
           non-participating federal                                 
           agencies, if: (1) the property                            
           is $25,000 or more in value;                              
           or (2) liens on the property                              
           equal or exceed $25,000, or                               
           one-third of the value,                                   
           whichever is greater.                                     
 
 9-118.400 Approval is required for the     Attorney General         
           placement of real property                                
           into official use by any                                  
           federal agency.                                           
 
 9-119.110 Notification is required         Asset Forfeiture and     
           within 10 working days of the    Money Laundering         
           denial of a request for          Section, Criminal        
           expedited settlement made by a   Division                 
           financial institution in real                             
           property cases.                                           
 
 9-119.202 Prior approval to institute a    Assistant Attorney       
           criminal or civil forfeiture     General, Criminal        
           proceeding to forfeit an asset   Division, through the    
           transferred to an attorney as    Asset Forfeiture and     
           fees for legal services.         Money Laundering         
                                            Section                  
 
 9-119.202 Prior approval to enter into a   Assistant Attorney       
           formal or informal, written or   General, Criminal        
           oral agreement to exempt an      Division, through the    
 
 9-119.203 asset transferred to an          Asset Forfeiture and     
           attorney as fees for legal       Money Laundering         
           services from forfeiture,        Section                  
           including the exemption of                                
           certain assets to pay                                     
           attorneys' fees which are                                 
           restrained as substitute                                  
           assets.                                                   
 
 9-131.030 Consultation is required prior   Organized Crime and      
           to criminal prosecution by       Racketeering Section,    
           filing an information or         Labor Management Unit,   
           complaint, or seeking an         Criminal Division        
           indictment under 18 U.S.C. §                              
           1951 (Hobbs Act) in cases                                 
           involving labor-management                                
           disputes.                                                 
 
 9-138.030 Consultation is required prior   Organized Crime and      
           to instituting grand jury        Racketeering Section,    
           proceedings, filing an           Labor Management Unit,   
           information, or seeking an       Criminal Division        
           indictment under either 29                                
           U.S.C. § 504 or 29 U.S.C. §                               
           1111.                                                     
 
 9-138.040 Consultation is recommended      Organized Crime and      
           with respect to convicted        Racketeering Section,    
           individuals who seek relief      Labor Management Unit,   
           from the employment              Criminal Division        
           disabilities at 29 U.S.C.                                 
           § 504 (labor union positions                              
           and labor relations                                       
           consultants) and 29 U.S.C.                                
           § 1111 (employee pension and                              
           welfare benefit plan positions                            
           and consultants) which are                                
           imposed on individuals by                                 
           operation of statute                                      
           following sentencing.                                     
 
 9-139.103 Consultation is required prior   Labor-Management Unit    
           to initiating prosecution        of the Organized Crime   
           under the Railway Labor Act.     and Racketeering         
           Consultation is recommended at   Section, Criminal        
           the investigative stage          Division                 
           because of the policy limiting                            
           prosecution.