Criminal Division
The Criminal Division makes up the largest contingent in the United States Attorney’s Office and includes 28 of our 37 Assistant United States Attorneys. The criminal division is organized into two units:
Drug Unit
The Drug Unit, which encompasses the Organized Crime / Drug Enforcement Task Force, is comprised of six Assistant United States Attorneys (AUSAs). Four of these attorneys devote their full attention to dismantling high level drug organizations while two AUSAs invest approximately half their time to the prosecution of serious drug offenses. One of those AUSAs oversees all the Asset Forfeiture cases brought on behalf of the United States, the other coordinates our entire Criminal Division appellate practice. Not all drug cases are prosecuted in the Drug Unit, only the most serious or complex cases are assigned to these “specialists”. Many drug cases are prosecuted by AUSAs in the General Crimes Unit.
General Crimes Unit
The General Crimes Unit, which includes
22 AUSAs, handles a wide variety of federal felony
offenses that run the gamut from murder, armed bank robbery
and drug offenses through health care fraud, counterfeiting
and environmental crimes. Some AUSAs within the General
Crimes Unit are assigned responsibility for special initiatives.
These initiatives reflect programmatic priorities set by the
Department of Justice and the United States Attorney for the
Western District of Michigan. AUSAs assigned to support
each initiative tend to devote the vast majority of their
time to insuring the success of their program. These initiatives
include:
- Project Safe Neighborhoods.
This highly effective program targets criminals who illegally possess and use firearms in our community. Four AUSAs are assigned to the program. For more information about Project Safe Neighborhoods click here. Project Safe Neighborhoods Page
- Health Care Fraud.
Two AUSAs assigned to the Lansing Branch Office have special training and experience in prosecuting those who would take advantage of the patient community and the medical profession through fraudulent billing schemes or abusive treatment. Our Health Care Fraud team is nationally acclaimed and highly successful. For more information about our Health Care Fraud successes click here. Health Care Fraud Page
- Violent Crime in Indian Country.
The Western District of Michigan is home to 11 federally recognized, self-governing Native American communities. The United States Attorney’s Office shares a close and unique relationship with these Tribes and is primarily responsible for prosecuting all felony cases arising in Indian Country. Two AUSA’s are assigned to work with the Native American Community as it responds to many of the same problems as the rest of society. For more information about Indian Country, click here. Native American Page
- The Anti-Terrorism Advisory Council (ATAC)
ATAC is organized
and supported by two AUSAs in our Grand Rapids office.
Set up in response to the terrorist attacks of September 11th,
these AUSAs work closely with federal, state and local law
enforcement and community organizations dedicated to preventing
further attacks on American soil. The AUSAs assigned
to the Council assist in the investigation and prosecution
of a wide variety of criminal offenses connected in some way
to this important mission. For more information about the
Department of Justice’s response to terrorism, click
here: Anti-Terrorism Advisory
Council
In addition to these special initiatives, some AUSAs
in the General Crimes unit, because of their training and
experience, are assigned responsibility for prosecuting complex
economic/white collar crimes, computer/internet crime and
crimes committed using high-technology computer equipment,
violent crimes and tax fraud.
HOW CRIMINAL CASES ARE PROSECUTED
The Criminal Division enforces more than 900 federal statutes which provide criminal sanctions for unethical, immoral and otherwise harmful conduct. The United States Attorney's Office for the Western District of Michigan primarily prosecutes felony offenses, although an active misdemeanor docket exists that is made up of minor offenses occurring in federal parks or other federal enclaves. What follows is an outline of the critical stages of a typical prosecution. These include:
• Charging a person with a Crime: Indictment/Information/Complaint
• Arrest or Summons
• Initial Appearance
• Release on Bond or Detention
• Arraignment
• Magistrate-Judge Pre-trial conference
• Motion practice
• Trial or plea
• Preparing the Pre-Sentence report
• Sentencing
• The Role of the Assistant United States Attorney
Charging a Person with a Crime
Felony offenses come to the attention of the United States Attorney's Office in a variety of ways. In many instances, federal prosecutors are involved in the investigation and ferreting out of criminal activity. A typical Organized Crime/Drug Task Force Case can take several years to reach fruition. The Assistant United States Attorney (AUSA) involved in this type of case is often actively involved in identifying targets, developing investigative strategy, advising undercover officers about different approaches that have been successful in other investigations, drafting search warrants and other court process and, finally, working with a grand jury to not only discover evidence, but to select appropriate charges.
In other cases, federal agents receive information about a crime that has already occurred and then must marshal their resources to discover the perpetrator and bring him or her to justice. Some of these cases involve readily identifiable victims. A bank teller who has been robbed at gunpoint, a federal agency suffering an embezzlement or a victim of a securities fraud – all have a story to tell and different needs that have to be met. Once a suspect has been identified, an AUSA works to make sure that he or she is prosecuted and the victim receives restitution.
In other cases, finding an identifiable victim is as hard as finding a suspect. Sometimes society as a whole suffers from the conduct of the unscrupulous. When an unsavory businessman dumps toxic waste into a community's water reservoir, when a drug dealer unleashes his poison into the community, when a telemarketer abuses the elderly who are then too embarrassed to report their loss, the United States Attorneys Office is often called upon to assist in putting a stop to the conduct and to protect the interests of the community.
Felony cases reach the court in a variety of legal ways, too, but the vast majority follows the preferred track set forth in the United States Constitution: indictment by a federal grand jury. There are four such grand juries sitting in this district: three in Grand Rapids and one in Marquette. These grand juries consist of up to 26 citizens from the district who hear evidence and then, with the assistance of the AUSA, determine the appropriate charges.
Grand jurors are selected in much the same way as jurors are picked in a criminal trial. The Grand jurors receive a subpoena from the federal court to report for jury duty. They are brought together at a federal courthouse and meet with a federal Magistrate-Judge, who explains the role, duties and obligation of jury service. They are questioned by the Court and an AUSA to try to determine whether or not any legal reason exists that would preclude their jury service. If selected as a grand juror, a person must serve for up to 18 months. These special people meet for several days during one week each month, hear evidence from a variety of sources, and safeguard the rights of the average citizen by making sure that a crime has occurred and probable cause exists to believe that a specific individual or entity is responsible before charges are ever levied. The grand jury meets in secret and then votes among its members to decide whether a "True Bill Indictment" is to be returned. It is this Indictment that actually sets forth the charges to which a person must respond.
Once an Indictment is returned, a criminal case exists that must be prosecuted on behalf of the United States of America. The Assistant United States Attorney has the privilege of serving as the representative of the people in such a case.
There are two other means in which a defendant in a felony case can be brought into court: (1) by Information; and (2) by Complaint. An Information looks a lot like an Indictment in form and content, but the charges in it are never reviewed by a grand jury. An Indictment usually starts out with the words “The Grand Jury charges....” and then continues on to set out what those citizens of the United States believe constitutes the crime(s) a person should stand trial for. An Information is filed by the United States Attorney and usually starts out with the words “The United States Attorney charges....” . The distinction is important because our Constitution provides that criminal charges should be brought only after a grand jury of citizens approves the prosecution. Like any Constitutional right, the right to be indicted can be waived. Quite often a defendant who knows he/she is under investigation will waive the right to be indicted and ask proceed towards either a trial or a guilty plea without having a grand jury hear the case. In such cases, the law allows the United States Attorney to file an Information.
A Complaint is another legal document filed by the United States Attorney as a means of bringing a defendant before the court. A Complaint is typically filed prior to a grand jury reviewing the government’s case. They are usually brought in emergency situations where the United States believes it is necessary to begin legal proceedings before a grand jury can be called together. A Complaint identifies for the court, the defendant and the public, the nature of the charges the government intends to bring against a person, the statute that is allegedly violated and is supported by a sworn statement (an affidavit) which includes some of the more pertinent facts that would support the charges being levied. A Complaint is signed before a judge, who must be convinced that the facts outlined in the affidavit support a finding of probable cause to believe a crime was committed and that the defendant committed it. A person arrested after a Complaint has been filed has the same right to counsel and a trial as a defendant charged by Indictment, along with several additional rights – including the right to a hearing before a Magistrate-Judge during which the government must produce witnesses to establish probable cause to maintain the charges pending grand jury review. Additionally, a Complaint only allows a defendant to be held for a short period of time – typically not more than thirty days – before it must either be dismissed or replaced by a properly returned grand jury indictment.
When a person is charged with a crime, they must be brought into federal court to answer those charges. In most cases an arrest warrant is prepared and law enforcement authorities notified. The existence of the arrest warrant is placed into various computer networks that can be accessed by all federal, state and local police officers. If one of these officers comes into contact with the person named in the warrant, he or she will be arrested and held for federal officers, typically the United States Marshal, to come and take into custody. A person taken into custody will usually be brought before a federal magistrate or other judge within 24 hours.
In those cases where investigating agents and the Assistant
United States Attorney are reasonably confident that a defendant
will appear in court of his or her own volition, a summons
may issue. A summons is a notice from the United States Attorney’s
Office to appear in court at a specified date and time to
answer charges. If a defendant does not appear in response
to a summons, an arrest warrant is then sought.
The first time a defendant is brought into federal court is
called the Initial Appearance. At this time, the court will
advise the defendant of the existence of the charges, the
maximum penalty provided by law, determine whether or not
the defendant needs to have an attorney appointed and will
then determine whether or not bond will be set. A defendant
is not called upon to enter a plea (to say “guilty”
or “not guilty”) at the Initial Appearance.
Federal law presumes that a defendant will be released on a bond of some type except in those instances where there is a risk of flight or the defendant would be a danger to the community. The court will initially receive a recommendation from a pre-trial services officer employed by the court and from the government. If the government seeks to have a person detained without bond, it may do so by citing to appropriate statutory provisions and court rules. When the government makes such a request, the court must schedule a hearing and will be presented with evidence and hear arguments from the government and the defendant concerning the issue of bond. Detention Hearings are usually held by the court within three business days, but adjournments are possible in some situations. Defendants are entitled to have an attorney represent them at a Detention Hearing.
The Arraignment is the formal court proceeding where a defendant is first called upon to enter a plea of guilty or not guilty. At the Arraignment, the court again advises the defendant of the charges and the maximum penalties provided by law. The court also advises the defendant of important constitutional rights that are available throughout the criminal process. A defendant is entitled to have an attorney represent him/her at the arraignment.
Magistrate-Judge Pre-trial conference
Usually conducted at or shortly after the Arraignment, the
court will conduct a brief on-the-record conference with the
defendant, defense counsel and the prosecution. The purpose
of this conference is to make sure that the defendant has
access to critical information possessed by the government
and that the parties understand any deadlines set by the court
for the filing of motions. The parties attempt to assist the
court in scheduling future hearings and events and estimate
the potential length of any trial.
The defendant will receive some information about the government’s case during or shortly after the Magistrate-Judge’s pre-trial conference. Depending upon the nature of the case and the way evidence was developed, the parties may chose to file various motions with the court. Federal Rules of Criminal Procedure and local Court Rules set deadlines for filing these motions and having them heard by the court. Some motions require factual hearings, others merely assert legal arguments. Motions may be filed by either the prosecution or the defense. It typically takes several weeks for the parties to have motions filed, responded to by the other side, considered by the court and ruled upon.
A defendant has a Constitutional right to a jury trial. The law presumes that trials will be held within 70 days of an initial appearance, although this date is frequently extended by operation of law whenever motions are filed or in multiple defendant cases. It is possible for the parties to mutually agree to waive a jury trial and to have a trial by a judge. The vast majority of cases, however, are resolved with a plea of guilty. In the Western District of Michigan between 87% to 93% of cases have historically been resolved through guilty pleas.
Preparing the Pre-Sentence report
After a defendant has been convicted, either after a trial or by a guilty plea, the court must prepare to sentence the offender. The court will not do so without a thorough background investigation and report prepared by specially trained pre-sentence investigators employed by the court. Both the government and the defense are heavily involved in the preparation of the report. The report not only describes the criminal case in great detail, but includes information about the defendant’s family history, educational and economic background, and the various sentencing options available to the court. The time between conviction and sentencing is often three to four months.
The court will receive a copy of the final presentence report and will review it prior to sentencing. The parties are entitled to file objections to or support for any issues raised in the report. The parties are also allowed to make recommendations concerning what an appropriate sentence should be. The defendant is allowed to personally address the court at sentencing. In many cases, the victim is also allowed to speak at sentencing. For more information about the rights of victims to participate in the prosecution and sentencing of criminal defendants, click here. Victim Witness Page
The Role of the United States Attorney and her Assistants
Whenever a defendant is charged with a criminal offense, the AUSA has the privilege of representing the United States of America in court as the prosecutor. The AUSA is charged with seeing justice is done, not only on behalf of the United States, but the defendant as well. The Supreme Court once noted that:
The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer... It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.
Berger v. United States, 295 U.S. 78 at 88.
Being an Assistant United States Attorney is not only challenging, but extremely rewarding. Our AUSAs are highly educated, deeply motivated and supported by some of the best people in the federal service.
For more information about how cases are prosecuted, along with specific examples, click here. http://www.usdoj.gov/usao/eousa/kidspage/index.html
This web page last updated on: March 23, 2007