USAM 9-4.000 Statutes Assigned By Citation

9-4.000
STATUTES ASSIGNED BY CITATION

9-4.010

Introduction

The statutes currently administered by the Criminal Division have been assigned to the following Sections and Offices:

1. The Section to be contacted with respect to the violation of a particular statute will be that Section listed except in the following cases:
   1. Whenever it is determined that known organized crime figures are involved in any case, supervision of such case is assigned to the Organized Crime and Gang Section regardless of the statute involved.
   2. Whenever it is determined that a public official is involved in any case involving misuse of office, supervision of such case is assigned to the Public Integrity Section, regardless of the statute involved.
   3. Whenever any case involves a criminal activity affecting national defense or foreign relations, the Counterespionage Section must be consulted, regardless of the statute involved.
   4. Whenever any matter or case involves domestic or international terrorism, weapons of mass destruction, the acquisition of any weapons or explosive, where such action is undertaken by known or suspected terrorists (international or domestic), the Counter Terrorism Section must be consulted, regardless of the statute involved. Authorization to initiate any case or investigation involving international terrorism must be obtained from the Criminal Division through the Counterterrorism Section.
   5. Whenever any case involves a statute in the jurisdiction of the Criminal Division that authorizes civil or criminal forfeiture, questions concerning forfeiture should be referred to the Asset Forfeiture and Money Laundering Section (514-1263), while questions concerning the underlying substantive offense should be referred to the Section with responsibility for the criminal statute.
   6. Whenever any matter or case involves violence (or the threat thereof) directed at a person or property, unless it concerns terrorism or an Internationally Protected Person, (a) the Organized Crime and Gang Section (OCGS) is the Section to consult if it is a domestic matter or a gang-related international matter, and (b) the Human Rights and Special Prosecutions Section is the Section to consult if it involves any other international matter.
2. The Appellate Section should be contacted with respect to questions or problems concerning the Speedy Trial Act (514-2611) and questions on bail (514-3521).
3. The Office of Policy and Legislation should be contacted with respect to questions or problems concerning the grand jury (514-3202).
4. The Office of Enforcement Operations should be contacted with respect to questions or problems concerning the following:
   1. Grand jury and special attorney authorizations (305-4023);
   2. Witness immunity (305-4023);
   3. Subpoenas issued to Department of Justice employees under 28 C.F.R. § 16.21 (305-4023);
   4. Closure of judicial proceedings under 28 C.F.R. § 50.9 (305-4023);
   5. Subpoenas issued to members of the news media under 28 C.F.R. §  50.10 (305-4023);
   6. Processing of tax disclosure requests under 26 U.S.C. § 6103 (305-4023);
   7. Authorization of electronic surveillance (514-6809);
   8. Witness protection (514-3684);
   9. Rule 6(e)(3)(C)(iv) disclosures (305-4023);
   10. Searches for documentary evidence held by disinterested third parties, e.g., lawyers, doctors, clergymen, under 28 C.F.R. part 59 (305-4023);
   11. Electronic surveillance checks under 18 U.S.C. § 3504 (514-6809);
   12. Privacy Protection Act/42 U.S.C. 2000 (305-4023) [except for searches of computers or electronic evidence (CCIPS)];
   13. S-VISA applications (514-6809);
   14. Deputation of personnel in Inspectors General Offices as Special Deputy U.S. Marshals (305-4023);
   15. International prisoner transfer matters (International Prisoner Transfer Unit, 514-3173);
   16. Freedom of Information Act/Privacy Act matters inside the Criminal Division, including litigation support (FOIA/PA Unit, 616-0307); and
   17. Gambling device registration (Gambling Device Registration Program, 353-0888).
5. The Office of International Affairs (514-0000) must be contacted:
   1. Before contacting any foreign or State Department official in matters relating to criminal investigations or prosecutions;
      1. Except when notifying a foreign consul of the arrest of a national of the consul's country;
      2. Except for emergency preservation in foreign countries of electronic evidence which is susceptible to damage or destruction, or for emergency preservation of such evidence in the U.S. on behalf of foreign countries (CCIPS).
   2. Before any proposed contact with persons, other than United States investigative agents, in a foreign country;
   3. Before attempting to do any act in Switzerland or other continental European countries relating to a criminal investigation or prosecution, including contacting a witness by telephone or mail;
   4. Before issuing any subpoena to obtain records located in a foreign country, and before seeking the enforcement of any such subpoena; and
   5. Before serving a subpoena on an officer of, or attorney for, a foreign bank or corporation, who is temporarily in, or passing through the United States, when the testimony sought relates to the officers or attorney's duties in connection with the operation of the bank or corporation.
6. The Computer Crime and Intellectual Property Section (514-1026) should be contacted regarding the following:
   1. Investigations under the Economic Espionage Act, 18 U.S.C. 1832, Theft of Trade Secrets. **
   2. Online Undercover Investigations.
   3. For emergency preservation in foreign countries of electronic evidence which is susceptible to damage or destruction, or for emergency preservation of such evidence in the U.S. on behalf of foreign countries.
   4. In legal or policy questions involving the collection of electronic information or evidence, including search and seizure, wiretap, trap and trace and pen registers, the Electronic Communications Privacy Act [18 U.S.C. 2701], and the Privacy Protection Act [42 U.S.C. 2000aa] ** in cases involving electronic evidence.

[updated July 2011]

9-4.100

Statutory Responsibilities General to All Criminal Division Sections and Offices

9-4.112, 2 U.S.C.: The Congress
§§ 193-194

9-4.115, 5 U.S.C.: Executive Departments
§ 552

9-4.123, 12 U.S.C.: Banks and Banking
§§ 209, 211, 324

9-4.129, 18 U.S.C.: Crimes and Criminal Procedure
§§ 1-6, 10, 14, 18-20, 151, 218, 371, 401-402, 2236, 3013, 3041-3044, 3046-3050, 3052-3053, 3056 [although 3056(b) and (d) are listed as OEO], 3059-3061, 3103a, 3105, 3107, 3109, 3237-3238, 3281-3282, 3285, 3287-3290, 3321-3322, 3331-3334, 3432, 3481, 3500-3502, 3571-3574, 3611, and 3691-3692.

9-4.135, 22 U.S.C.: Foreign Relations and Intercourse
§ 2667

9-4.139, 26 U.S.C.: Internal Revenue Code
§§ 7201-7209

9-4.142, 28 U.S.C.: Judiciary and Judicial Procedure
§§ 455, 1822, 2255

9-4.112

2 U.S.C.: The Congress

[updated December 2002]

9-4.114

4 U.S.C.: Flag and Seal

9-4.115

5 U.S.C.: Executive Departments

9-4.117

7 U.S.C.: Agriculture

9-4.118

8 U.S.C.:Aliens and Nationality

9-4.121

10 U.S.C.: Armed Forces

9-4.123

12 U.S.C.: Banks and Banking

9-4.124

13 U.S.C.: Census

9-4.125

14 U.S.C.: Coast Guard

9-4.126

15 U.S.C.: Commerce and Trade

9-4.127

16 U.S.C.: Conservation

9-4.128

17 U.S.C.: Copyrights

9-4.129

18 U.S.C. 1-2712: Crimes

9-4.130

18 U.S.C. 3000-: Procedure

9-4.131

18 U.S.C.: Appendix

9-4.132

19 U.S.C.: Customs Duties

9-4.133

20 U.S.C.: Education

9-4.134

21 U.S.C.: Food and Drugs

9-4.135

22 U.S.C.: Foreign Relations and Intercourse

9-4.137

24 U.S.C.: Hospitals and Asylums

9-4.138

25 U.S.C.: Indians

9-4.139

26 U.S.C.: Internal Revenue Code

9-4.141

27 U.S.C.: Intoxicating Liquor

9-4.142

28 U.S.C.: Judiciary and Judicial Procedure

9-4.143

28 U.S.C.: Appendix

9-4.144

29 U.S.C.: Labor

9-4.145

30 U.S.C.: Mineral Lands and Mining

9-4.146

31 U.S.C.: Money and Finance

9-4.147

33 U.S.C.: Navigation and Navigable Waters

9-4.151

35 U.S.C.: Patents

9-4.152

36 U.S.C.: Patriotic Societies and Observances

9-4.154

38 U.S.C.: Veterans' Benefits

9-4.155

39 U.S.C.: Postal Service

9-4.156

40 U.S.C.: Public Buildings, Property, and Works

9-4.157

40 U.S.C.: Appendix

9-4.158

41 U.S.C.: Public Contracts

9-4.159

42 U.S.C.: The Public Health and Welfare

ENRD (consult where there are environmental concerns)

9-4.161

43 U.S.C.: Public Lands

9-4.163

45 U.S.C.: Railroads

9-4.164

46 U.S.C.: Shipping

9-4.165

46 U.S.C.: Shipping

9-4.166

47 U.S.C.: Telegraphs, Telephones, and Radiotelegraphs