935
Implementation of the Policy Statement
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Two premises underlie the following allocation of law enforcement
investigative resources. First, both the Federal Bureau of Investigations
(FBI)
and Inspectors General (IGs) with overlapping investigative jurisdiction
have
limited resources. Second, questions of appearance, sensitivity and
expertise
suggest the FBI is better suited to be primarily responsible for organized
crime
and corruption matters.
With these considerations in mind, the following comments outline
the
Department of Justice approach with regard to the criminal investigative
jurisdiction of the FBI and the Inspectors General:
- Inspectors General will in all instances notify the FBI of
the
following criminal investigative matters:
- Bribery matters;
- Significant allegations of fraud which culpably involve United States
government employees; and
- Organized crime related matters, including both traditional (La Cosa
Nostra) and non-traditional organizations such as other ethnic groups and
outlaw
motorcycle gangs.
- The FBI will have the primary investigative role in these three areas
and,
as part of the notification, the IG will transfer the investigative file and
consequently investigative responsibility to the FBI. The Inspector General
simultaneously will notify the prosecutor of the above described matters.
- The Inspectors General normally will have the responsibility for
conducting
investigations of fraudulent misconduct involving their respective
departments
and agencies by non-government personnel. However, the FBI will treat fraud
against the government matters as a top priority and, if asked by the
prosecutor,
will investigate every criminal violation that the prosecutor advises will
be
prosecuted, if proved. The FBI maintains the right to investigate any
criminal
allegations which the FBI receives independently and which involve any
agency's
programs or functions wherein the alleged violations are within the FBI's
jurisdiction.
- The FBI will, given adequate manpower conditions, consider undertaking
joint investigations with Inspector General personnel, and encourage joint
undercover operations targeted against identified major crime problems.
- The FBI will accept responsibility for other significant criminal
investigative matters, consistent with the availability of investigative
resources within the applicable FBI field office. As a general rule, the
FBI
will not initiate investigations concerning recipient/participant-type
frauds,
absent indications of a pattern of widespread criminal activity.
[cited in USAM 9-42.001; USAM 9-42.500] | |