dcl9339.htm

CSE role in criminal prosecution

DC-9339

August 25, 1993

TO ALL STATE IV-D DIRECTORS

Dear Colleague:

This letter addresses the role of State Child Support Enforcement (CSE) agencies in the Federal criminal prosecution of certain out-of-state delinquent obligors.

As we have previously brought to your attention, legislation was enacted on October 25, 1992 making it a Federal crime to willfully fail to pay support for a child residing in another State if there are support arrearages greater than $5,000 or which are unpaid for longer than one year. [Child Support Recovery Act of 1992, Pub. L. No. 102-521, codified at 18 U.S.C. section 228.]

Since the law's enactment, the U.S. Department of Justice has developed guidelines for use by the U.S. Attorneys, who will be prosecuting these cases in Federal court. The guidelines "are intended to ensure effective prosecution of the [Child Support Recovery Act of 1992] by providing a means for selecting egregious cases which States are unable to handle because of the interstate nature of the case." Copies of the guidelines and attachments are enclosed, as well as list of U.S. Attorney offices.

The guidelines underscore the need for and importance of strong working relationships between CSE agencies and the United States Attorneys' offices. The United States Attorneys will be requesting the assistance of CSE agencies to determine whether particular cases are suitable for prosecution. The Justice Department Office of Legal Education has just completed a two-day training session on this law for over 85 Assistant United States Attorneys representing almost every State. The U.S. Attorney Office(s) in your State may be contacting you soon to discuss the implementation of this law. You may wish to take the intiative in this regard.

Page 2 - Dear Colleague

OCSE plans to disseminate further information on the subject as it becomes available, including materials produced by the joint efforts of CSE agencies and the local U.S. Attorneys. For further information about Federal criminal nonsupport, contact Jeff Ball, OCSE, Division of Program Operations, 370 L'Enfant Promenade, SW, Washington, DC 20447. His number is (202) 401-5427.

Sincerely,

Robert C. Harris

Acting Deputy Director

Office of Child Support

Enforcement

Attachment

cc:Regional Administrators

Assistant Regional Administrators for Family Security

CSE Program Managers

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Contact Jeff Ball or the Program Operations for the Attachments.