9-85.200
Federally Protected Activities (18 U.S.C. § 245)
No prosecution of an offense described in 18 U.S.C. § 245
(Federally Protected Activities) may be undertaken by the United
States except upon the certification of the Attorney General or
Deputy Attorney General that in his or her judgment a prosecution
by the United States is in the public interest and necessary to
secure substantial justice. The function of certification may not
be delegated. See 18 U.S.C. § 245(a)(1). The anti-riot
provision, 18 U.S.C. § 245(b)(3), and violations of 18
U.S.C. § 245(b)(1), insofar as it relates to matters not
involving discrimination or intimidation on grounds of race, color,
religion, or national origin, are assigned to the Criminal Division
and requests for certification relating to them should be sent to
the Criminal Division.
When the offense involves voting, and race is not an
issue, prosecutors should contact the Public Integrity Section of
the Criminal Division. When the offense involves voting and race
is an issue, prosecutors should contact the Criminal Section
of the Civil Rights Division.
[cited in
USAM 9-2.112;
USAM 9-85.210]
9-85.210
Violations of Campaign Financing Laws, Federal Patronage Laws, and
Corruption of the Electional ProcessConsultation Requirement
Consultation with the Public Integrity Section of the Criminal
Division is required in all federal criminal matters that focus on
violations of federal or state campaign financing laws, federal
patronage crimes, and corruption of the election process. These
offenses include, but are not limited to, offenses described in: 18
U.S.C. §§ 241 to 242, 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 election fraud or campaign fund raising 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 financing matters arising under
2 U.S.C. §§ 431-455, United States Attorneys shall
consult with the Public Integrity Section before any inquiry or
preliminary investigation is requested or conducted. United States
Attorneys shall also consult with the Public Integrity Section
before instituting grand jury proceedings, filing an information,
or seeking an indictment charging a campaign financing crime.
With regard to all other election crime matters (other than
those described in USAM 9-85.200
(Federally Protected Activities)), namely, alleged election fraud
or patronage offenses, United States Attorneys shall consult with
the Public Integrity Section before an investigation beyond a
preliminary inquiry is requested or conducted. In this connection,
the Department views any voter interviews in the preelection and
balloting periodsother than interviews of a complainant and any
witnesses he or she may identifyas beyond a preliminary
investigation. Thus, the Public Integrity Section should be
consulted before such interviews.
Finally, as with campaign financing matters, United States
Attorneys also shall consult with the Public Integrity Section
before instituting grand jury proceedings, filing an information,
or seeking an indictment charging an election fraud or patronage
offense.
[updated July 2005]
[cited in
USAM 9-43.100]
9-85.220
Purchase and Sale of Public Office (18 U.S.C. §§ 210,
211)
United States Attorneys shall consult with the Public Integrity
Section of the Criminal Division before instituting grand jury
proceedings, filing an information, or seeking an indictment for
violations of 18 U.S.C. §§ 210 and 211 (Purchase and
Sale of Public Office).
9-85.230
Lobbying with Appropriated Funds (18 U.S.C. § 1913)
United States Attorneys shall consult with the Public Integrity
Section of the Criminal Division before instituting grand jury
proceedings, filing an information, or seeking an indictment for
violations of 18 U.S.C. § 1913 (Lobbying with
Appropriated Funds).
9-85.240
Independent Counsel ProvisionsEthics In Government Act
The Public Integrity Section is responsible for reviewing and
processing all matters arising under the Independent Counsel
provisions of the Ethics in Government Act. See 28 U.S.C.
§ 591 et seq. Because of the sensitivity of many
of these cases and the extremely strict time limitations built into
the legislation, the Section should be notified immediately should
an allegation against an individual covered by the Act be received.
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