9-131.020
Investigative and Supervisory
Jurisdiction
Primary investigative jurisdiction of offenses in 18 U.S.C.
§ 1951 lies with the Federal Bureau of Investigation. The
Inspector General's Office of Investigations, Division of Labor
Racketeering (formerly the Office of Labor Racketeering), United
States Department of Labor, is also authorized to investigate
violations of 18 U.S.C. § 1951 in labor-management
disputes involving the extortion of property from employers by
reason of authority conferred on investigators as Special Deputy
United States Marshals.
Supervisory jurisdiction over 18 U.S.C. § 1951 is
exercised by the following offices with respect to the offenses
noted:
- Extortion under color of official right or
extortion by a public official through misuse of his/her office is
supervised by the Public Integrity Section, Criminal Division.
- Extortion and robbery in labor-management disputes is
supervised by the Labor-Management Unit of the Organized Crime and
Racketeering Section, Criminal Division.
- All other extortion and robbery offenses not involving public
officials or labor-management disputes are supervised by the
Terrorism and Violent Crimes Section, Criminal Division.
9-131.030
Consultation Prior to
Prosecution
Consultation with the Organized Crime and Racketeering
Section's Labor-Management Unit is required prior to the
commencement of prosecution by the return of an indictment or the
filing of a complaint or information in cases arising out of
labor-management disputes.
Criminal Division attorneys may be consulted at any stage
during the investigation process. When a United States Attorney
requests an FBI investigation of a possible Hobbs Act violation,
the FBI field offices will in certain cases notify Washington and
FBI headquarters may consult with the appropriate Section of the
Criminal Division before the investigation is concluded. Any delay
or other difficulties arising out of this procedure may be obviated
by discussing the matter with the appropriate Sections of the
Criminal Division.
[cited in
USAM 9-130.300;
USAM 9-131.040]
9-131.040
Policy
The robbery offense in 18 U.S.C. § 1951 is to be
utilized only in instances involving organized crime, gang
activity, or wide-ranging schemes. In certain circumstances, the
appropriate section of the Criminal Division must be consulted
before prosecution is initiated.
See USAM 9-131.030.
| | | | | | | | |