The law condemns and punishes only actions within certain definite and narrow limits; it thereby justifies, in a way, all similar actions that lie outside those limits. ~Leo Tolstoy, What I Believe
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The Assistant Attorney General in charge of the Antitrust Division is responsible for promoting and maintaining competitive markets by enforcing the Federal antitrust laws. Such enforcement, which is the principal function of the Division, involves investigating possible antitrust violations, conducting grand jury proceedings, preparing and trying antitrust cases, prosecuting appeals, and negotiating and enforcing final judgments. The antitrust laws affect virtually all industries and apply to every phase of business, including manufacturing, transportation, distribution, and marketing. They prohibit a variety of practices that restrain trade, such as price- fixing conspiracies, corporate mergers likely to reduce the competitive vigor of particular markets, and predatory acts designed to achieve or maintain monopoly power. The Division prosecutes serious and willful violations of the antitrust laws by filing criminal suits that can lead to large fines and jail sentences. Where criminal prosecution is not appropriate, the Division seeks a court order forbidding future violations of the law and requiring steps by the defendant to remedy the anticompetitive effects of past violations.
The Division also is responsible for acting as an advocate of competition within the Federal Government. This involves formal appearances in Federal administrative agency proceedings, development of legislative initiatives to promote deregulation and eliminate unjustifiable exemptions from the antitrust laws, participation on executive branch policy task forces, and publication of reports on regulated industry performance. The Division provides formal advice to other agencies on the competitive implications of proposed transactions requiring Federal approval, such as construction of nuclear powerplants and mergers of financial institutions. It also consults with Federal agencies on a variety of other matters, including the issuance of Federal coal and oil drilling leases and the disposition of surplus Government property.
In addition, the Antitrust Division represents the United States in judicial proceedings to review certain orders of regulatory agencies and provides direct court representation for the Secretary of the Treasury in certain Bureau of Alcohol, Tobacco and Firearms cases. It also participates in Federal Trade Commission cases before the Supreme Court.
In the international law area, the Division represents the United States on the Committee on Competition Law and Policy of the Organization for Economic Cooperation and Development, participates in the United Nations Conference on Trade and Development, and, through the Department of State, maintains liaison with foreign governments on antimonopoly laws and policies.
For further information, contact the FOIA Unit, Antitrust Division, Department of Justice, 325 Seventh Street NW., Washington, DC 20530. Phone, 2025142692.
The Civil Division represents the United States, its departments and agencies, Members of Congress, Cabinet officers, and other Federal employees. Its litigation reflects the diversity of Government activities, involving, for example, the defense of challenges to Presidential actions; national security issues; benefit programs; energy policies; commercial issues such as contract disputes, banking, insurance, patents, fraud, and debt collection; all manner of accident and liability claims; and violations of the immigration and consumer protection laws. Each year, Division attorneys handle thousands of cases that collectively involve billions of dollars in claims and recoveries. The Division confronts significant policy issues, which often rise to constitutional dimensions, in defending and enforcing various Federal programs and actions.
The Civil Division litigates cases in all Federal district courts, the U.S. Courts of Appeals, the U.S. Court of Federal Claims, other Federal and State courts, and the courts of foreign nations.
Division attorneys either conduct this litigation personally or they supervise or assist the U.S. attorneys and foreign counsel to whom the Division refers the cases. The Division is composed of seven major groups: the Torts Branch, the Commercial Litigation Branch, the Federal Programs Branch, the Appellate Staff, the Office of Consumer Litigation, the Office of Immigration Litigation, and an Office of Management Programs.
The Torts Branch is responsible for suits under the Federal Tort Claims Act, including medical malpractice, aviation disasters, environmental and occupational disease, and radiation and toxic substance exposure. It also handles maritime litigation and suits that seek personal monetary judgments against individual officers or employees.
Tort litigation more specifically includes the defense of all Federal Tort Claims Act suits against the United States, and the prosecution of suits in tort on behalf of the United States. Suits and administrative claims for death, personal injury, and property damage brought under the Tort Claims Act allege negligence on the part of Government employees acting within the scope of their employment and involve matters such as the operation of Government vehicles, the maintenance of Government premises, and the performance of Federal services and regulatory functions such as medical treatment, hospital care, and the control of civilian, military, and commercial air traffic. In addition, the Torts Branch defends petitions filed pursuant to the Vaccine Injury Compensation Program and is responsible for administering the Radiation Exposure Compensation Act.
Tort litigation also includes all legal proceedings involving the United States related to ships, shipping, navigable waters, and workmen's compensation.
The Division's admiralty litigation includes suits for personal injury and property damage involving vessels, shore installations, and maritime personnel, equipment, and cargoes; suits arising out of contracts involving shipping, chartering of vessels, and the construction, repair, and salvaging of vessels; proceedings to enforce navigation and shipping laws; and litigation based on international maritime agreements.
The Commercial Litigation Branch is responsible for litigation associated with the Government's diverse financial involvements.
This litigation includes all monetary suits involving contracts, express or implied; actions to foreclose on Government mortgages and liens; bankruptcy and insolvency proceedings; and suits against guarantors and sureties.
Branch attorneys bring suit under the False Claims Act (31 U.S.C. 3729) for the recovery of treble damages and civil penalties and alternative remedies, in connection with fraud in the award or performance of Government contracts, false claims presented in connection with Federal programs, the submission of false statements and vouchers to Government agencies, and the use of other fraudulent devices in transactions with the Government. These suits include those filed pursuant to the qui tam provisions of the False Claims Act, in which private citizens with knowledge of fraud against the Government may file a lawsuit against the perpetrators on behalf of the United States and share in a percentage of any monetary recovery.
Branch attorneys also bring suits to recover sums paid to bribe Government officials and kickbacks in Government procurement.
The Branch is responsible for all cases in the U.S. Court of International Trade, including suits brought by importers of merchandise to challenge the appraisement or classification of imported goods or other decisions of the U.S. Customs Service in its administration of the tariff laws and schedules.
The Branch has responsibility for all litigation in the U.S. Court of Federal Claims except for those cases assigned to the Environment and Natural Resources Division and the Tax Division. Included are:
Likewise, Branch attorneys handle the majority of cases before the Court of Appeals for the Federal Circuit. This litigation involves appeals of decisions made by the U.S. Court of Federal Claims, the U.S. Court of Veterans Appeals, Boards of Contract Appeals, the Merit Systems Protection Board, and Federal district courts.
The Branch handles all litigation involving the rights, liabilities, and administrative functions of the Government with respect to patent, copyright, and trademark matters. This includes:
The Branch is also responsible for the supervision of litigation in foreign courts involving the United States as a party and suits against U.S. employees stationed abroad who are being sued in the course of their Government service.
Additionally, the Branch renders international judicial assistance to foreign and international tribunals.
The Federal Programs Branch defends and asserts the programs, policies, and decisions of virtually all Federal departments and agencies, the President, Cabinet officers, Members of Congress, and other Government officials. It defends against constitutional challenges to statutes, suits to overturn Government policies and programs, and challenges to the legality of Government decisions. These suits typically seek injunctive and declaratory relief and range from objections to the way that the Government deals with its employees to allegations that the President has violated the Constitution or Federal law. The Branch also initiates suits to enforce regulatory statutes and to remedy or prevent statutory or regulatory violations.
The areas of litigation include:
The Appellate Staff has primary responsibility for the litigation of Civil Division cases in the appellate courts. The Staff prepares Government briefs and presents oral argument for the cases. Additionally, the Appellate Staff participates in drafting all documents filed for these cases in the United States Supreme Court, including briefs on the merits, petitions for certiorari, and jurisdictional statements.
The Office of Consumer Litigation is responsible for civil and criminal litigation and related matters arising under various consumer protection and public health statutes, including the Federal Food, Drug, and Cosmetic Act, the Federal Trade Commission Act, the Consumer Product Safety Act, the Hazardous Substances Act, and the Truth in Lending Act. The Office also serves as a liaison with other Federal agencies and with local enforcement agencies for the referral of consumer complaints outside the jurisdiction of the Department of Justice.
The Office of Immigration Litigation is responsible for conducting civil litigation under the Immigration and Nationality Act (8 U.S.C. 1101) and related laws and for representing the United States in civil litigation brought against employees of the Immigration and Naturalization Service. In addition, this Office handles district court litigation, deportation review proceedings, habeas corpus review and general advice, and immigration-related appellate matters.
The Office is also responsible for cases pertaining to the issuance of visas and passports, and for litigation arising under the amnesty and employer sanctions provisions of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1255a, 1324a), the criminal and terrorist alien reforms of 1990 and 1996, and the immigration enforcement reforms of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
The Office of Management Programs provides management and administrative services to the Division, including policy analysis and planning, administrative management, budget formulation and execution, management information systems, office automation, and automated litigation support.
For further information, contact the Office of the Assistant Attorney General, Civil Division, Department of Justice, Tenth Street and Pennsylvania Avenue NW., Washington, DC 20530. Phone, 2025143301.
Civil Rights Division
The Civil Rights Division, headed by an Assistant Attorney General, was established in 1957 to secure effective Federal enforcement of civil rights. The Division is the primary institution within the Federal Government responsible for enforcing Federal statutes prohibiting discrimination on the basis of race, sex, disability, religion, and national origin.
The Division is composed of the following Sections:
The Appellate Section handles civil rights cases in the courts of appeals and, in cooperation with the Solicitor General, in the Supreme Court. The Section frequently participates in amicus curiae cases that affect the Division, and provides counsel to the Department on civil rights and appellate litigation. It handles all appeals from both favorable and adverse judgments in which the Government participates.
Coordination and Review Section
This Section coordinates the enforcement by Federal agencies of various civil rights statutes that prohibit discrimination on the basis of race, color, national origin, sex, and religion in programs and activities that receive Federal financial assistance. The Section also conducts compliance reviews and investigates complaints of discrimination on the basis of race, color, national origin, sex, age, and religion in the services and activities of recipients of Federal financial assistance from the Department of Justice.
Under the Federal criminal civil rights statutes, the Criminal Section prosecutes conduct involving conspiracies to interfere with federally protected rights, deprivation of rights under color of law, the use of force or threat of force to injure or intimidate someone in their enjoyment of specific rights (such as voting, housing, employment, education, public facilities, and accommodations), interference with the free exercise of religious beliefs or damage to religious property, and the holding of a worker in a condition of slavery or involuntary servitude. More recently, the Section began enforcing the criminal aspects of the new Freedom of Access to Clinic Entrances Act (FACE).
This statute prohibits conduct intended to injure, intimidate, or interfere with persons seeking to obtain or provide reproductive services. Also, a task force staffed by attorneys from both the Criminal and Civil Rights Divisions was created by the Attorney General to determine if there is any organized criminal effort to commit violence upon abortion providers.
Disability Rights Section
This Section (previously the Public Access Section) enforces Titles I, II, and III of the Americans with Disabilities Act of 1990 (ADA) and Department of Justice regulations implementing these provisions, provides technical assistance to entities covered by the ADA and to persons protected by the ADA, and coordinates the technical assistance efforts of all Federal agencies with technical assistance responsibilities under the ADA. The Section also certifies that State or local building codes meet or exceed the requirements of the ADA. The Section is also responsible for carrying out the Department's responsibilities under section 504 of the Rehabilitation Act of 1973.
Educational Opportunities Section
The Educational Opportunities Section enforces title IV of the Civil Rights Act of 1964 and the Equal Educational Opportunities Act of 1974. In addition, it represents the Department of Education in certain suits filed against and on behalf of the Secretary of Education. The Section closely monitors approximately 400 school districts operating under desegregation court orders.
Employment Litigation Section
The Employment Litigation Section enforces the provisions of title VII of the Civil Rights Act of 1964, as amended, and other Federal laws prohibiting employment practices that discriminate on the grounds of race, sex, religion, and national origin, as they apply to State and local government employers.
Housing and Civil Enforcement
Section The Housing and Civil Enforcement Section has principal responsibility for enforcing the Fair Housing Act of 1968, as amended, which prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, disability, and familial status. The act allows the Section to bring cases on behalf of individuals where a complaint is filed with the Department of Housing and Urban Development (HUD).
Additionally, the Section enforces the Equal Credit Opportunity Act, which prohibits discrimination in credit transactions; and title II of the Civil Rights Act of 1964, which prohibits discrimination in places of public accommodations, such as hotels, restaurants, and places of entertainment.
Office of Special Counsel for Immigration Related Unfair Employment Practices
The Office of Special Counsel for Immigration Related Unfair Employment Practices was established pursuant to section 102 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1324b). The Special Counsel is responsible for investigating and prosecuting charges of national origin and citizenship status discrimination in hiring, firing, or recruitment. Jurisdiction over national origin charges is limited to those not covered by the Equal Employment Opportunity Commission. Jurisdiction over citizenship status is exclusive.
The Special Counsel files complaints before an administrative law judge based on charges filed with this Office or on its own independent investigations. Appeals of administrative decisions are to the U.S. Courts of Appeals.
In addition, the Special Counsel coordinates with the Immigration and Naturalization Service, the Equal Employment Opportunity Commission, and other Federal agencies in promoting public awareness of the antidiscrimination provisions of the act, through employer and public interest conferences, public service announcements, and nationwide distribution of enforcement information.
Special Litigation Section The Special Litigation Section is responsible for protecting the constitutional and statutory rights of persons confined in certain institutions owned or operated by State or local governments, including facilities for individuals with mental and developmental disabilities, nursing homes, prisons, jails, and juvenile detention facilities where a pattern or practice of violations exist. This authority is granted by the Civil Rights of Institutionalized Persons Act. The Section is also responsible for civil enforcement provisions of the Freedom of Access to Clinic Entrances Act (FACE) which prohibits force or the threat of force for the purpose of interfering with the provision of reproductive services; and the police misconduct provision of the Violent Crime Control and Law Enforcement Act of 1994, which gives the Attorney General authority to remedy patterns and practices of misconduct by certain law enforcement authorities.
The Voting Section is responsible for the enforcement of the Voting Rights Act of 1965, the Voting Accessibility for the Elderly and Handicapped Act, the Uniformed and Overseas Citizens Absentee Voting Act, the National Voter Registration Act of 1993, and other statutory provisions designed to safeguard the right to vote of racial and language minorities, illiterate persons, individuals with disabilities, overseas citizens, persons who change their residence shortly before a Presidential election, and persons 18 to 20 years of age.
Under section 2 of the Voting Rights Act, the Section brings lawsuits to remedy discriminatory election practices.
Under section 5 of the Voting Rights Act, the Section reviews voting changes submitted to the Attorney General and defends section 5 litigation in court to assure that redistricting plans and other changes in voting practices and procedures do not abridge the right to vote of racial or language minorities.
Under section 8 of the Voting Rights Act, the Attorney General requests the assignment of Federal observers - who generally are employees of the Office of Personnel Management - to monitor polling place activities on election day to document and deter discriminatory practices.
Administrative Management Section
This Section supports the Division by providing a diverse array of management and technical services, including personnel administration, budget formulation and execution, facilities services, mail and file operations, and automated systems. This Section also contains the Freedom of Information/Privacy Act Branch, which ensures that the Division complies with all aspects of the Freedom of Information and Privacy Acts.
Another component of the Administrative Management Section is the Office of Redress Administration, which implements the responsibilities given to the Attorney General under section 105 of the Civil Liberties Act of 1988. The Act provides for redress to American citizens and permanent resident aliens of Japanese ancestry who were evacuated, relocated, and interned by the United States during World War II.
For further information, contact the Executive Officer, Civil Rights Division, Department of Justice, P.O. Box 65310, Washington, DC 20035 5310. Phone, 2025144224.
The Criminal Division develops, enforces, and supervises the application of all Federal criminal laws, except those specifically assigned to other divisions.
The Division and the 93 U.S. attorneys are responsible for overseeing criminal matters under more than 900 statutes, as well as certain civil litigation. In addition to its direct litigation responsibilities, the Division formulates and implements criminal enforcement policy and provides advice and assistance. The Division approves or monitors sensitive areas of law enforcement such as participation in the Witness Security Program and the use of electronic surveillance; advises the Attorney General, Congress, the Office of Management and Budget, and the White House of matters of criminal law; provides legal advice and assistance to Federal prosecutors and investigative agencies; and provides leadership for coordinating international as well as Federal, State, and local law enforcement matters.
Office of Administration
The Office of Administration performs a wide range of administrative and managerial functions for the components of the Criminal Division, including budget preparation and execution, personnel actions, computer support services, mail and records services, procurement, and security.
The Appellate Section prepares draft briefs and certiorari petitions for the Solicitor General to be filed in the U.S. Supreme Court; makes recommendations to the Solicitor General as to whether further review on adverse decisions in the district courts and courts of appeals is necessary; and prepares briefs and argues cases in the courts of appeals.
The Section assists U.S. attorneys and Division prosecutors in preparing briefs for the courts of appeals and provides advice on Speedy Trial Act [of 1974] problems and a variety of other legal issues.
Asset Forfeiture / Money Laundering Section
The Section provides centralized management for the Department's asset forfeiture program to ensure its integrity and maximize its law enforcement potential, while also providing managerial direction to the Department's components concerned with money laundering. The Section initiates, coordinates, and reviews legislative and policy proposals impacting on the asset forfeiture program and money laundering enforcement and serves as the Department's contact for Congress, other executive branch agencies, and State and local law enforcement agencies.
The Section works with the entire spectrum of law enforcement and regulatory agencies using an interagency, interdisciplinary, and international approach. The Section is mandated to coordinate multidistrict investigations and prosecutions; develop regulatory and legislative initiatives; ensure the uniform application of forfeiture and money laundering statutes; litigate complex, sensitive, and multidistrict cases; and provide litigation assistance to the U.S. attorneys' offices and Criminal Division components.
The Section oversees asset forfeiture and money laundering training and conducts seminars for Federal prosecutors, investigating agents, and law enforcement personnel. It also produces legal publications and training materials to enhance its legal support functions.
The Section also adjudicates all petitions for remission or mitigation of forfeited assets in judicial forfeiture cases, administers the Weed and Seed Program and the Equitable Sharing Program, and oversees the approval of the placement of forfeited property into official use by Federal agencies.
Child Exploitation and Obscenity
The Child Exploitation and Obscenity Section (CEOS) is responsible for overseeing the Federal response to child sexual abuse and exploitation. In carrying out these duties, CEOS attorneys work with U.S.
attorneys' offices and participate in the prosecution of violations of Federal law involving child sexual exploitation, child sexual abuse on Federal lands (Indian country, U.S. military installations, and U.S. parks, prisons, and buildings), child pornography, activities under the Mann Act, and interstate and foreign commerce and mailing of obscene materials. CEOS attorneys also work with Federal law enforcement officers to identify major offenders of the applicable statutes and coordinate national investigative efforts. In addition to the case litigation by Section attorneys, CEOS provides training to assistant U.S. attorneys and Federal law enforcement agents as well as substantial assistance to U.S. attorneys' offices in the prosecution and appeals of such cases.
Since CEOS's formation in 1987, it has directed a substantial amount of its resources to the prosecution of child pornography. Working with the U.S.
Postal Inspection Service and U.S. Customs Service, CEOS has coordinated and helped with several successful undercover efforts to identify and prosecute child pornography users.
Programs have also targeted the illegal importation, distribution, sale, and possession of child pornography by computer.
CEOS participates in the development of legislative proposals and policy to address issues such as child pornography and child molestation through computers; child prostitution; technical corrections to existing Federal laws on child pornography and sexual abuse; and changes to sentencing guidelines for these crimes.
Further, CEOS is responsible for protection of the rights of children under the child victim-witness provisions of the Federal criminal code and under the Child Support Recovery Act. It has also been designated as the legal advisor to the Morgan P. Hardiman Missing and Exploited Children Task Force.
The Fraud Section, the largest component of the Criminal Division, directs and coordinates the Federal effort against fraud and white- collar crime, focusing primarily on complex frauds that involve: multidistrict and international activities; financial institutions; the insurance industry; Government programs and procurement procedures, including health care providers, defense procurement fraud, and Housing and Urban Development fraud; the securities and commodities exchanges; and multidistrict schemes that involve consumer victimization, such as telemarketing. The Section conducts investigations and prosecutes on its own about 100 fraud cases of national significance or great complexity annually. It also assists U.S. attorneys with cases, where requested. The Section maintains a regional Bank Fraud Task Force field office in Boston, MA. The Section also trains Federal agents and prosecutors through its conferences and participation in other Federal conferences.
Computer Crime and Intellectual Property
The Computer Crime and Intellectual Property Section (CCIP) is responsible for implementing the Department's Computer Crime Initiative, a comprehensive program designed to address the growing global computer crime problem and ensure the appropriate protection of intellectual property rights (copyrights, trademarks, and trade secrets). Section attorneys are actively working with other Government agencies, the private sector (including hardware and software vendors and telecommunications companies), academic institutions, and foreign officials to develop a global response to cyber attacks and protect intellectual property. These attorneys litigate cases, provide litigation support to other prosecutors, train Federal law enforcement personnel, comment upon and propose legislation, and coordinate international efforts to combat computer crime and thefts of intellectual property.
They also provide assistance in resolving the unique issues raised by emerging computer and telecommunications technologies.
The Internal Security Section supervises the investigation and prosecution of cases affecting national security, foreign relations, and the export of military and strategic commodities and technology. The Section has exclusive responsibility for authorizing the prosecution of cases under criminal statutes relating to espionage, sabotage, neutrality, and atomic energy. It provides legal advice to U.S. attorneys' offices and investigative agencies on all matters within its area of responsibility, which includes 88 Federal statutes affecting national security. It also coordinates criminal cases involving the application of the Classified Information Procedures Act. The Section also administers and enforces the Foreign Agents Registration Act of 1938 and related disclosure statutes.
Narcotics and Dangerous Drugs
The Narcotic and Dangerous Drug Section (NDDS) has supervisory jurisdiction of those statutes pertaining to controlled substances. Section attorneys participate in the development and implementation of domestic and international narcotics law enforcement programs and policies, and provide direct litigation support to the Organized Crime Drug Enforcement Task Force (OCDETF) and High Intensity Drug Trafficking Area (HIDTA) programs, to the Southwest Border and other multi-agency initiatives, and to U.S. attorneys in recusal matters or in cases where the Section's expertise is requested. NDDS attorneys represent the Department in developing and administering other cooperative drug enforcement strategies, initiatives, and projects conducted by the law enforcement and intelligence communities.
The Section Chief serves as the Department's designated representative on several senior level committees of the intelligence and law enforcement communities that plan and coordinate joint international counternarcotics initiatives. Additionally, the Chief acts as the designated representative of the Federal Government in the implementation of the joint U.S.-Colombia evidence sharing initiative, intended to facilitate the successful investigation and prosecution of major Colombian narcotics traffickers in Colombia.
The Section plays a central coordinating role in a number of multi- district, multi-agency initiatives and prosecutions, including the Southwest Border Initiative (SWBI), the Department's priority narcotics enforcement program targeting major Mexican trafficking organizations. The Litigation Unit provides direct trial and appellate litigation support to U.S. attorneys nationwide, with emphasis on prosecutions that support the OCDETF, HIDTA, and SWBI programs. These attorneys also litigate appeals arising from cases prosecuted by NDDS attorneys and denials or revocations of controlled substance registrations by the Drug Enforcement Administrator.
The Office of Enforcement Operations oversees the use of the most sophisticated investigative tools at the Department's disposal. It reviews all Federal electronic surveillance requests and requests to apply for court orders permitting the use of video surveillance; provides legal advice to Federal, State, and local law enforcement agencies on the use of Federal electronic surveillance statutes; and assists in developing Department policy on emerging technologies and telecommunications issues. It authorizes or denies the entry of all applicants into the Federal Witness Security Program (WSP), coordinates and administers matters relating to all aspects of the WSP among all program components, and approves or denies requests by Federal agencies to utilize Federal prisoners for investigative purposes. The Office approves or reviews matters such as witness immunity requests, transfer of prisoners to and from foreign countries to serve the remainder of their prison sentences, attorney and press subpoenas, applications for S-visa status, and disclosure of grand jury information. It provides legal advice and assistance in a wide variety of matters, such as crimes affecting government operations, mental competency and insanity, interstate property crimes, and crimes in Indian country. The Office processes all requests for Criminal Division records made pursuant to the Freedom of Information Act and the Privacy Act, and assists U.S. attorneys' offices in advocating the Division's position in civil litigation filed under these statutes.
It registers entities as required by the Gambling Devices Act of 1962.
The Office of International Affairs supports the Department's legal divisions, the U.S. attorneys, and State and local prosecutors regarding questions of foreign and international law, including issues related to extradition and mutual legal assistance treaties. The Office also coordinates all international evidence gathering. In conjunction with the State Department, the Office engages in the negotiation of new extradition and mutual legal assistance treaties and executive agreements throughout the world. Office attorneys also participate on a number of committees established under the auspices of the United Nations and other international organizations that are directed at resolving a variety of international law enforcement problems, such as narcotics trafficking and money laundering. The Office maintains a permanent field office in Rome.
Policy and Legislation
The legislative component of the Office of Policy and Legislation (OPL) develops legislative proposals, legal memoranda, and congressional testimony. It also prepares comments on pending legislation affecting the Federal criminal justice system, works closely with the U.S. Sentencing Commission on a variety of sentencing-related issues, and provides legal support to the Advisory Committee on Criminal Rules and Evidence of the Judicial Conference regarding the Federal rules of criminal procedure and the Federal rules of evidence.
The policy component of OPL analyzes policy and management issues related to criminal law enforcement and the criminal justice system. It identifies problems and emerging trends; develops options and recommendations; and provides research, technical, and management support to the Assistant Attorney General and other Division and Department policy makers. The policy staff also analyzes crime data, Federal caseload statistics, and other criminal justice system information for various decisionmakers within the Department.
Professional Development and Training
The Office of Professional Development and Training furthers the goals of the Criminal Division relating to its initiatives in international training and criminal justice development. In this regard, the Office coordinates the training of judges and prosecutors abroad through various Government agencies and U.S. embassies in South and Central America, the Caribbean, Russia, other newly independent states, and Central and Eastern Europe.
The Office also serves as the Department's liaison between various private and public agencies that sponsor visits to the United States for foreign officials who are interested in the U.S. legal system. The Office makes or arranges presentations explaining the U.S. criminal system process to hundreds of international visitors each year.
The Office of Special Investigations detects and investigates individuals who took part in Nazi-sponsored acts of persecution abroad before and during World War II, and who subsequently entered, or seek to enter, the United States illegally and/or fraudulently. It then takes appropriate legal action seeking their exclusion, denaturalization, and/or deportation.
Organized Crime and Racketeering
The Organized Crime and Racketeering Section coordinated the Department's program to combat organized crime. The principal enforcement efforts are currently directed against traditional groups - such as La Cosa Nostra families, and emerging groups from Asia and Europe - such as Chinese Triads, the Sicilian Mafia, and Russian organized crime. The Section supervises the investigation and prosecution of these cases by Strike Force Units within U.S. attorneys' offices in 21 Federal districts having a significant organized crime presence. These cases involve a broad spectrum of criminal statutes, including extortion, murder, bribery, fraud, narcotics, and labor racketeering.
The Section is involved in setting national priorities for the organized crime program by coordinating with investigative agencies such as the Federal Bureau of Investigation, the Drug Enforcement Administration, and others; and by working with the Attorney General's Organized Crime Council, which is ultimately responsible for the Federal Government's policy in this area.
In addition to its close supervision of all Federal organized crime cases, the Section maintains close control over all Government uses of the Racketeer Influenced and Corrupt Organizations (RICO) statute, and provides extensive advice to prosecutors about the use of this powerful tool for cases involving patterns of serious criminal conduct.
In a more specialized context, the Section provides support for criminal prosecutions involving labor-management disputes, the internal affairs of labor unions in the private sector, and the operation of employee pension and welfare benefit plans. The Section maintains a cadre of experienced prosecutors in its Litigation Unit who travel as needed to prosecute or assist in the prosecution of organized crime cases in the various U.S. attorneys' offices, particularly in multi-defendant RICO cases, especially in the field of labor racketeering.
The Public Integrity Section oversees the Federal effort to combat corruption through the prosecution of elected and appointed public officials at all levels of Government. The Section has exclusive jurisdiction over allegations of criminal misconduct by Federal judges, and also monitors the investigation and prosecution of election and conflict of interest crimes. Section attorneys prosecute selected cases against Federal, State, and local officials, and are available as a source of advice and expertise to other prosecutors and to investigators. Since 1978, the Section has supervised the administration of the Independent Counsel provisions of the Ethics in Government Act.
Terrorism and Violent Crime
The Terrorism and Violent Crime Section is responsible for the design, implementation, and support of law enforcement efforts, legislative initiatives, policies, and strategies relating to international and domestic terrorism.
This includes the investigation and prosecution of acts of terrorism occurring anywhere in the world which impact significant U.S. interests. The Section coordinates the systematic collection and analysis of data related to the investigation and prosecution of domestic terrorism cases, thereby facilitating prevention of terrorist activity through early detection. The Section coordinates interagency efforts to designate international terrorist organizations and their agents and to investigate and prosecute support of such organizations. The Section also oversees the prosecution of domestic violent crime offenses for which Federal jurisdiction exists, as well as the prosecution of firearms and explosives violations. In appropriate instances, Section attorneys assume direct responsibility for the prosecution of violent crime cases. The Section assists in the implementation of an initiative designed to deter criminals from possessing firearms by using Federal firearms laws which generally provide longer, and often mandatory, sentences for gun offenses. Additionally, the Section administers the national anti-violent-crime strategy, which focuses particular attention on the investigation and prosecution of gang- related crimes.
Section attorneys provide legal advice to Federal prosecutors concerning Federal statutes relating to murder, assault, kidnapping, threats, robbery, weapons and explosives control, malicious destruction of property, and aircraft and sea piracy. The Section also formulates legislative initiatives and Department policies relating to terrorism and violent crime, and coordinates such initiatives and strategies with other Government agencies.
Executive Office for the Organized Crime Drug Enforcement Task Force
The Organized Crime Drug Enforcement Task Force (OCDETF) is a Federal drug enforcement program that focuses attention and resources on the disruption and dismantling of major drug trafficking organizations. The Task Force provides a framework for Federal, State, and local law enforcement agencies to work together to target well-established and complex organizations that direct, finance, or engage in illegal narcotics trafficking and related crimes, including money laundering and tax violations, public corruption, illegal immigration, weapons violations, and violent crimes.
The program has been in existence since 1982 and operates under the guidance and oversight of the Attorney General.
Utilizing the resources and expertise of its 11 member Federal agencies, along with support from its State and local law enforcement partners, OCDETF has contributed to the successful prosecution and conviction of more than 44,000 members of criminal organizations and resulted in the seizure of cash and property assets totaling more than $3 billion.
The Executive Office for OCDETF supports the work of over 2,500 Federal agents and prosecutors and approximately 6,000 State and local law enforcement officers who participate in OCDETF cases. The Executive Office, in conjunction with a council of Washington agency representatives, provides policy guidance and coordination, administrative management and support, collection and reporting of statistical information, and budgetary planning, coordination, and disbursement.
International Criminal Investigative Training Assistance Program
The Office works to develop civilian, community oriented law enforcement institutions in new and emerging democracies. The Office has broad responsibility for the program, including not only making all administrative arrangements but also setting program policy in conformance with U.S. policy as directed by the President and Congress and maintaining effective liaison with the governments of the countries involved to ensure continued interest in and support of the program.
For further information, contact the Office of the Assistant Attorney General, Criminal Division, Department of Justice, Tenth Street and Pennsylvania Avenue NW., Washington, DC 20530.
Environment and Natural Resources Division
The Environment and Natural Resources Division, formerly known as the Land and Natural Resources Division, is the Nation's environmental lawyer. It is responsible for litigating cases ranging from protection of endangered species, to global climate change, to cleaning up the Nation's hazardous waste sites. A key Division responsibility is enforcing civil and criminal environmental laws in order to protect its citizens' health and environment. The Division defends environmental challenges to Government activities and programs and ensures that environmental laws are implemented in a fair and consistent manner nationwide.
It also represents the United States in all matters concerning the protection, use, and development of the Nation's natural resources and public lands, wildlife protection, Indian rights and claims, and the acquisition of Federal property. To carry out this broad mission, the Division is organized into nine sections described below.
The Environmental Crimes Section prosecutes individuals and corporate entities which have violated laws designed to protect the environment. The Section works closely with the Federal Bureau of Investigation and criminal investigators from the Environmental Protection Agency (EPA) to enforce statutes such as the Clean Air Act, the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), and the Resource Conservation and Recovery Act, among others.
The Environmental Enforcement Section is responsible for most of the affirmative civil litigation brought on behalf of EPA; claims for damages to our natural resources filed on behalf of the Departments of Interior, Commerce, and Agriculture; claims for contribution against private parties for contamination of public land; and recoupment of money spent to clean up certain oil spills on behalf of the United States Coast Guard. The Section supports the regulatory programs of its client agencies through litigation to obtain compliance with environmental statutes, establishes a credible deterrent against violation of those laws, recoups Federal funds spent to abate environmental contamination, and obtains funds to restore or replace natural resources damaged through oil spills or the release of hazardous substances into the environment. The primary statutes within the Section's scope of responsibility are: the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund); the Clean Air Act; the Clean Water Act; the Resource Conservation and Recovery Act; the Safe Drinking Water Act; and the Oil Pollution Act of 1990.
The Environmental Defense Section represents the United States, principally EPA, in suits challenging the Government's administration of Federal environmental laws. The lawsuits, which arise in Federal district and appellate courts, include claims by industries that regulations are too strict, claims by environmental groups that Federal standards are too lax, and claims by States and citizens alleging that Federal agencies are out of compliance with environmental standards. The Section also handles both defensive and enforcement litigation involving the wetlands program under section 404 of the Clean Water Act. This requires persons wishing to fill or discharge waste into wetlands to first obtain a permit from the U.S. Army Corps of Engineers.
If this requirement is not met, the Section files a civil action seeking civil penalties and injunctive relief against the violator.
Wildlife and Marine Resources
The Wildlife and Marine Resources Section tries both civil and criminal cases under Federal wildlife laws and other laws protecting marine fish and mammals.
Prosecutions focus on smugglers and black-market dealers in protected wildlife. Civil litigation, particularly under the Endangered Species Act, often sets the needs of protected species against the economic interests of both the Federal Government and private enterprise.
The General Litigation Section is primarily responsible for litigation involving the use and protection of federally owned public lands and natural resources. Its varied docket comprises cases arising under more than 80 different land management and natural resource statutes including the National Environmental Policy Act, the Federal Land Policy Management Act, and the National Historic Preservation Act. Cases address such issues as water rights, land use plans, timber and mineral production, landowner compensation, and trust obligations to Indian tribes.
Indian Resources The Indian Resources Section represents the United States in its trust capacity for Indian tribes. These suits include establishing water rights, establishing and protecting hunting and fishing rights, collecting damages for trespass on Indian lands, and establishing reservation boundaries and rights to land.
The Land Acquisition Section is responsible for acquiring land, either by direct purchase or through condemnation proceedings, for use by the Federal Government for purposes ranging from establishing public parks to creating missile sites. The Section attorneys seek to implement the protection of the fifth amendment in a way which is fair to both property owners and taxpayers. The legal and factual issues in such cases can include the power of the Federal Government to condemn property under specific acts of Congress; ascertainment of the fair market value of property sought by the Federal Government; applicability of local zoning regulations and problems related to subdivisions; capitalization of income; and the admissibility of evidence.
Policy, Legislation, and Special Litigation
The Policy, Legislation, and Special Litigation Section advises and assists the Assistant Attorney General on policy issues including coordination of the Division's international and environmental justice activities. The Section directs the Division's legislative program, including testimony of Division managers before congressional committees, and representation of the Department in meetings with congressional staff and on interagency groups that develop the administration's position on legislation proposed or passed by Congress. The Section also litigates amicus cases, undertakes specially assigned litigation projects at the trial and appellate levels, serves as the Division's ethics office, and responds to citizen requests under the Freedom of Information Act.
The Appellate Section is responsible for handling all appeals in cases initially tried in lower courts by any of the sections within the Division.
In addition, the Section drafts the briefs for all Division cases which reach the Supreme Court and formulates recommendations to the Solicitor General that seek authority to appeal unfavorable decisions.
The Executive Office serves as administrator to the Division, providing financial management, personnel, planning, procurement, office automation, and automated litigation support services.
For further information, contact the Office of the Assistant Attorney General, Environment and Natural Resources Division, Department of Justice, Tenth Street and Pennsylvania Avenue NW., Washington, DC 20530. Phone, 2025142701.
The Tax Division represents the United States and its officers in all civil and criminal litigation arising under the internal revenue laws, other than proceedings in the United States Tax Court. While the Division's primary client is the Internal Revenue Service, it also represents Federal officials and employees in actions arising out of the performance of their official duties, as well as representing other Federal departments and agencies in their dealings with State and local tax authorities. In civil tax litigation the Division's responsibility involves cases in the United States District Courts, the United States Court of Federal Claims, the United States Courts of Appeals, and the U. S. Supreme Court, as well as cases in the State courts.
The Division represents the United States in many different types of disputes, both civil and criminal, dealing with the interpretation of Federal tax laws. For example, when the Internal Revenue Service challenges a tax return and determines a deficiency, the taxpayer may pay the full amount of tax assessed and then bring a suit against the Government for refund. The Division defends the Government in these refund actions.
Other areas of civil litigation in which the Tax Division is involved on behalf of the Federal Government include:
The Division also collects judgments in tax cases. To this end, the Division directs collection efforts and coordinates with, monitors the efforts of, and provides assistance to the various United States attorneys' offices in collecting outstanding judgments in tax cases.
With respect to criminal tax litigation, the Division prosecutes or supervises the prosecution of all criminal offenses committed under the internal revenue laws, including attempts to evade and defeat taxes, willful failures to file returns and to pay taxes, filing false returns and other deceptive documents, making false statements to revenue officials, and other miscellaneous offenses involving internal revenue matters. These duties include the institution of criminal proceedings and collaboration with U.S. attorneys in the conduct of litigation in the trial and appellate courts. Further, Tax Division attorneys frequently conduct grand jury investigations and actual trials of criminal tax cases, often as a result of requests for assistance by the appropriate U.S. attorney. In its efforts to deter willful deception through prosecution of criminal offenders, the Tax Division also plays a significant role in curbing organized crime, public corruption, narcotics trafficking, and financial institution fraud.
The primary functions of the Division are to aid the Internal Revenue Service in collecting the Federal revenue and to establish principles of law that will serve as guidelines to taxpayers and their representatives, as well as to the Internal Revenue Service, in the administration of the Internal Revenue Code. As a result, coordination with the Internal Revenue Service's administrative policies and the Treasury Department's legislative tax concerns in developing litigating postures is essential.
The Division also provides input into the preparation of reports to the Congress, the Office of Management and Budget, and the Office of Legislative Affairs on pending or proposed legislation and monitors congressional activities with respect to matters of interest to the Division.
In accordance with the Attorney General's program to enhance the litigating skills of Department attorneys, the Division conducts training programs for its attorneys, with special emphasis on matters unique to tax litigation and the development of advocacy skills.
For further information, contact the Office of the Assistant Attorney General, Tax Division, Department of Justice, Tenth Street and Pennsylvania Avenue NW., Washington, DC 20530. Phone, 2025142901.
Sources of Information
Controlled Substances Act Registration
Information about registration under the Controlled Substances Act may be obtained from the Registration Section of the Drug Enforcement Administration, P.O. Box 28083, Central Station, Washington, DC 20038. Phone, 202 3077255.
Disability-Related Matters Contact the Civil Rights Division's ADA Hotline. Phone, 8005140301. TDD, 800514 0383.
Drugs and Crime Clearinghouse Phone, 8006663332 (toll-free).
Electronic Access Information concerning Department of Justice programs and activities is available electronically through the Internet, at http://www.usdoj.gov/.
Employment The Department maintains an agencywide job line. Phone, 202 5143397.
Attorneys' applications: Director, Office of Attorney Personnel Management, Department of Justice, Room 6150, Tenth Street and Constitution Avenue NW., Washington, DC 20530. Phone, 2025141432.
Assistant U.S. attorney applicants should apply to individual U.S. attorneys.
United States Marshals Service: Field Staffing Branch, United States Marshals Service, Department of Justice, 600 Army Navy Drive, Arlington, VA 22202 4210.
Federal Bureau of Investigation: Director, Washington, DC 20535, or any of the field offices or resident agencies whose addresses are listed in the front of most local telephone directories.
Immigration and Naturalization Service: Central Office, 425 I Street NW., Washington, DC 20536 (phone, 2025142530); or any regional or district office.
Drug Enforcement Administration: regional offices, laboratories, or Washington Headquarters Office of Personnel.
Bureau of Prisons: Central Office, 320 First Street NW., Washington, DC 20534 (phone, 2023073082); or any regional or field office.
Office of Justice Programs, 633 Indiana Avenue NW., Washington, DC 20531. Phone, 2023070730.
United States Trustee Program, Room 770, 901 E Street NW., Washington, DC 20530. Phone, 2026161000.
Foreign Claims Settlement Commission: Attorneys: Office of the Chief Counsel, Suite 6002, 600 E Street NW., Washington, DC 20579 (phone, 2026166975); Other: Administrative Officer, same address and phone.
Housing Discrimination Matters Contact the Civil Rights Division's Housing and Civil Enforcement Section. Phone, 8008967743.
Immigration-Related Employment Matters The Civil Rights Division maintains a Worker Hotline. Phone, 8002557688. TDD, 8002372515. It also offers information for employers. Phone, 8002558155. TDD, 800362 2735.
Publications and Films The FBI Law Enforcement Bulletin and Uniform Crime Reports - Crime in the United States are available from the Superintendent of Documents, Government Printing Office, Washington, DC 20402.
The Annual Report of the Attorney General of the United States is published each year by the Department of Justice, Washington, DC 20530.
Approximately nine textbooks on citizenship, consisting of teachers manuals and student textbooks at various reading levels, are distributed free to public schools for applicants for citizenship and are on sale to all others from the Superintendent of Documents, Government Printing Office, Washington, DC 20402. Public schools or organizations under the supervision of public schools which are entitled to free textbooks should make their requests to the appropriate Immigration and Naturalization Service Regional Office (See appropriate section of this manual for mailing addresses.). For general information, call 2025143946.
The Freedom of Information Act Guide and Privacy Act Overview and the Freedom of Information Case List, both published annually, are available from the Superintendent of Documents, Government Printing Office, Washington, DC 20530; and in electronic format through Library of Congress. ISBN 016042921 8.
FOIA Update (Stock No. 727002 000006), published quarterly, is available free of charge to FOIA offices and other interested offices Governmentwide. This publication is also available from the Superintendent of Documents, Government Printing Office, Washington, DC 20402; and in electronic format through Library of Congress.
Guidelines for Effective Human Relations Commissions, Annual Report of the Community Relations Service, Community Relations Service Brochure, CRS Hotline Brochure, Police Use of Deadly Force: A Conciliation Handbook for Citizens and Police, Principles of Good Policing: Avoiding Violence Between Police and Citizens, Resolving Racial Conflict: A Guide for Municipalities, and Viewpoints and Guidelines on Court-Appointed Citizens Monitoring Commissions in School Desegregation are available upon request from the Public Information Office, Community Relations Service, Department of Justice, Washington, DC 20530.
A limited number of drug educational films are available, free of charge, to civic, educational, private, and religious groups.
A limited selection of pamphlets and brochures is available. The most widely requested publication is Drugs of Abuse, an identification manual intended for professional use. Single copies are free.
Copies of the Foreign Claims Settlement Commission's semiannual (through December 1966) and annual (from January 1967) reports to the Congress concerning its activities are available at the Commission in limited quantities.
Reading Rooms Located in Washington, DC, at: U.S. Department of Justice, Room 6505, Tenth Street and Constitution Avenue NW., Washington, DC 20530 (phone, 2025143775).
Bureau of Prisons, 320 First Street NW., 20534 (phone, 2023073029);
Immigration and Naturalization Service, 425 I Street NW., 20536 (phone, 202 5142837);
Foreign Claims Settlement Commission, 600 E Street NW., 20579 (phone, 2026166975).
Also at the U.S. Parole Commission, 5550 Friendship Boulevard, Chevy Chase, MD 20815 (phone, 3014925959);
Board of Immigration Appeals, Suite 2400, 5107 Leesburg Pike, Falls Church, VA 22041 (phone, 7033050168); some of the Immigration and Naturalization Service district offices; and the National Institute of Justice, 9th Floor, 633 Indiana Avenue NW., Washington, DC 20531 (phone, 2023075883).
Redress for Wartime Relocation/Internment Contact the Civil Rights Division's Office of Redress Administration. Helpline phone, 202 2196900. TDD, 2022194710.
In 1972, the National Institute of Justice established the National Criminal Justice Reference Service (NCJRS). All five OJP bureaus now support NCJRS, a clearinghouse of information and publications concerning OJP programs and other information of interest to the criminal justice community. The Office's National Institute of Justice, which has supported the clearinghouse for almost 20 years, provides most of the funding for the National Criminal Justice Reference Service. Police, corrections agencies, courts, criminal justice planners, juvenile justice practitioners, community crime prevention groups, and others needing information for planning and problem solving in criminal justice can refer to this international information service specially designed to assist the justice community.
The National Criminal Justice Reference Service provides information from its computerized data base system free or at a minimal cost to users through a variety of products and services including the bimonthly NIJ Catalog, which contains abstracts of significant additions to the data base and pertinent information and a Calendar of Events announcing upcoming training courses and conferences; selected hardcopy documents upon request; three types of data base search packages; various microfiche products; and referrals to other information sources.
Under contracts with OJP bureaus, the National Criminal Justice Reference Service also operates the Drugs and Crime Data Center and Clearinghouse, the Bureau of Justice Assistance Clearinghouse, the Justice Statistics Clearinghouse, the Juvenile Justice Clearinghouse, the National Victims Resource Center, and the Construction Information Exchange. All the Service's clearinghouses may be contacted on 8008513420 (toll-free); or in the Washington, DC, metropolitan area on 3012515500.
The NCJRS Electronic Bulletin Board, with 3,000 registered users, makes NCJRS' services available online. The Bulletin Board may be accessed by modem on 3017388895.
Organizations and individuals may register to receive information from the National Criminal Justice Reference Service by writing NCJRS, Box 6000, 1600 Research Boulevard, Rockville, MD 20850.
Small Business Activities Contract information for small businesses can be obtained from the Office of Small and Disadvantaged Business Utilization, Department of Justice, Tenth Street and Pennsylvania Avenue NW., Washington, DC 20530. Phone, 2026160521.
For further information concerning the Department of Justice, contact the Office of Public Affairs, Department of Justice, Tenth Street and Constitution Avenue NW., Washington, DC 20530. Phone, 202 5142007 (voice); 2027865731 (TDD).
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