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2 and provides that "[a]ll functions of other officers of the Department of Justice and all functions of agencies and employees of the Department of Justice are vested in the Attorney General." The Attorney General has delegated to the Assistant Attorney General for the Civil Division authority for the conduct, handling or supervision of the matters catalogued at 28 C. The Federal Programs Branch represents the United States, its agencies and officials in a broad range of litigation involving the constitutionality of federal statutes and the administration of statutory and other federal programs by federal agencies. An action in a state or federal court, to which neither the United States nor one of its officers or agencies is a party, may involve an issue affecting the interests of the United States. If an amicus brief is filed, the Civil Division will forward a copy of the brief to the United States Attorney in the district in which the suit is pending. Requests for international judicial assistance are executed either on the basis of treaty obligations assumed by the United States ( e.g., the Convention between the United States and other Governments on the Taking of Evidence Abroad in Civil and Commercial Matters, TIAS 7444, ) or on the basis of international comity and courtesy. Most non-fraud claims normally should be processed for collection by the administrative agency involved, pursuant to the Debt Collection Act, 31 U. An agency may be called upon to make certifications to the court regarding its continuing efforts in this regard. § 509, which is of continuing effectiveness, parallels the language of Reorganization Plan No. Commercial Litigation Branch attorneys handle all commercial litigation in the United States Court of Federal Claims, the United States Court of Appeals for the Federal Circuit, and the United States Court of International Trade. United States Attorney's are requested to aid such attorneys in obtaining office space, stenographic facilities, and related assistance on request, when this is feasible. United States Attorney's are requested to notify the Civil Division promptly whenever they learn of such cases. [cited in Civil Resource Manual 69] Section 1782 of Title 28 authorizes the United States district court for the district in which a person resides or is found to order such person to give his/her testimony or to produce documents or other things for use in a proceeding in a foreign or international tribunal. In addition to processing evidence requests, the Office of Foreign Litigation also performs the functions of the "Central Authority" under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Cases, TIAS 6638, and the Inter-American Convention on Letters Rogatory, United States Attorney's are requested to report any infringement of, or dereliction with respect to, the property or other interest of the United States warranting the institution of civil proceedings, when such matters have not been referred for handling. Close and frequent coordination between DOJ and agency counsel is necessary to ensure proper identification, preservation, search, collection, and production of relevant data. Copies of pleadings and other communications on delegated cases are not to be furnished to the Civil Division routinely, except that the Torts Branch should always be advised of the date and method of disposition of suits under the Federal Tort Claims Act, and be furnished copies of the order, opinion, or stipulation which resulted in the disposition of the suit, and that the Office of Immigration Litigation should always be similarly advised of the disposition of suits under the Immigration and Nationality Act, as amended.
These components are the Torts Branch, Commercial Litigation Branch, Federal Programs Branch, Office of Immigration Litigation, Office of Consumer Litigation, and the Appellate Staff, each of which is directed by a Deputy Assistant Attorney General and a management team of senior supervisory attorneys. The Office coordinates district court litigation referred to the Department by the Federal Trade Commission, the Food and Drug Administration, National Highway Traffic Safety Administration, and the Consumer Product Safety Commission. 3359, and cases arising under the enforcement reforms of the Illegal Immigration Reform and Immigrant Responsibility Act, Pub. Where the circumstances warrant, the Assistant Attorney General, Civil Division, may delegate to United States Attorney's pursuant to section 4(b), Civil Division Directive No. United States Attorneys may compromise any case redelegated under section 4(b) in which the gross amount of the original claim does not exceed $5,000,000, so long as the difference between the gross amount of the original claim and the proposed settlement does not exceed $1,000,000. United States Attorney's should be particularly alert to report to the Civil Division all claims involving fraud against the government that are not within the United States Attorneys' original authority, and all claims involving bribery, and the conversion of government property. Records of the agency relevant to the case can best be assembled and certifications obtained by agency counsel.
The litigation not handled by United States Attorney's is assigned primarily to components within the Civil Division, subject to the supervision and direction of the Assistant Attorney General. Senior Appellate Counsels: Freddi Lipstein; Alfred R. [updated October 2016] All functions and responsibilities formerly assigned to the Consumer Affairs Staff of the Antitrust Division, including responsibility for criminal cases (48 Fed. 9522 (1983)), are now the responsibility of the Civil Division's Office of Consumer Litigation. Also, when constitutional questions or other significant issues arise in the course of such litigation, or when an appeal is taken by any party, the Civil Division must be consulted. 17456 (1995), suit authority for any claims or suits where the gross amount of the original claim does not exceed $5 million, upon the recommendation of branch, office, or staff directors. Such powers as other officials of the government had theretofore with respect to litigation were withdrawn by E. 6166, June 10, 1933, leaving the Attorney General with complete authority. Agency personnel are in the best position to know or learn the facts involved in a case arising in connection with the activities of their agency as well as to have familiarity with agency practices, statutes, and regulations.
The agency shall identify a representative who will sign the final interrogatory answers under oath as required by Fed. Agency counsel may offer or be asked to draft other pleadings and documents, but they are not required to provide this assistance.
With respect to information, documents, and discoverable things within the legal possession, custody, or control of the agency, it remains the obligation of agency counsel, in consultation with DOJ, to conduct the inquiry required by Fed. DOJ will take the agency’s position into consideration in making the final determination regarding which privileges, if any, will be asserted. In suchcircumstances, agency counsel should seek guidance from the DOJ.
and no counsel or attorney fees shall hereafter be allowed to any person ... In particular, all money and property collected for the government should be reported.
The initial motivation for this legislation was the desire to centralize the conduct and supervision of all litigation in which the government was involved, as well as to eliminate the need for highly-paid outside counsel when government-trained attorneys could perform the same function. Therefore, inquiries directed to the Division on these cases should be accompanied with sufficient background, copies of pleadings, and briefs, to permit an informed appraisal of the nature and posture of the case and the problem.
The compromise and closing authority exercised by the Assistant Attorney General and subordinate Civil Division officials is described in USAM 4-3.110 through 4-3.140. Four Staffs are responsible for the Torts Branch's litigative responsibilities as follows: Aviation and Admiralty Post Office Box 14271 Benjamin Franklin Station Washington, D. 20044-4271 (202) 616-4000 Constitutional and Specialized Torts Post Office Box 7146 Benjamin Franklin Station Washington, D. 20044 (202) 616-4140 Environmental Torts (formerly Environmental & Occupational Disease Litigation) Staff Post Office Box 340 Benjamin Franklin Station Washington, D. 20044 (202) 616-4200 FTCA Staff Post Office Box 888 Benjamin Franklin Station Washington, D. 20044 (202) 616-4400 NOTE: Federal Torts Claims Act matters pertaining to aviation or environmental issues are within the responsibilities of the Aviation and Admiralty and Environmental Torts staffs, respectively. Because of the transfer from the Criminal Division (48 Fed. 9522 (1983)) of certain litigation arising under the Immigration and Nationality Act, the Civil Division has established an Office of Immigration Litigation. The limitations of section 1(e) of the Directive (discussed below at USAM 4-3.130) also remain applicable in any case or claim delegated under section 4(b). 17456 (1995), and regardless of the amount in controversy, the following matters will normally not be delegated to the United States Attorney's for handling but will be personally or jointly handled or monitored by the appropriate branch or office within the Civil Division: In connection with the distribution of funds deposited in court, the United States Attorney may be asked to assist the court as amicus curiae. §§ 626 to 628, copies of the petition should be served on the United States Attorney, the Attorney General, and the United States Shipping Commissioner. Non-fraud claims should normally be reported to the affected administrative agency. Any tort claim arising from any USAO's employee's acts or omissions should be forwarded to EOUSA. In rare cases a statute may provide continuing settlement or other authority in the referring agency. [Updated March 2016] Agency counsel shall impose, monitor, and manage an appropriate litigation hold once litigation is reasonably anticipated.
The specific matters assigned to each component, insofar as they may be significant to the United States Attorney's, are summarized in USAM 4-1.211 through 4-1.217. The Torts Branch also handles some contract matters in the environmental area. Pertinent statutes include the Federal Food, Drug and Cosmetic Act, Federal Trade Commission Act, the Disclosure of Automobile Information Act, the odometer requirements section of the Motor Vehicle Information and Costs Savings Act, the Consumer Credit Protection Act, and the Consumer Product Safety Act. All delegations pursuant to section 4(b) must be in writing, and no United States Attorney has authority to compromise or close any such delegated case or claim except as is specified in the required written delegation or in section 1(e) of the Directive (discussed below at USAM 4-3.120). In cases involving serious personal injuries, death, or major property damage, as to which a claim may possibly be asserted against the Department of Justice under the Federal Tort Claims Act, the responsible component should be notified as soon as possible after the accident and asked to cause an investigation to be commenced. Thus, it is the policy of the Department of Justice—in particular that of the United States Attorney’s Offices and the civil litigating components of the Department that defend the United States or its agencies, officials, or employees in subject litigation (referred to herein as “DOJ”)—that the involved agencies provide litigation support as outlined below.
Nor, in the absence of statutes to the contrary, may any suit be brought on behalf of the United States except by the Attorney General or an attorney under his/her superintendence. Additionally, if requested, agency counsel may review and make timely comments on any briefs to be filed.
The agency shall provide its position on potential settlement, and attend settlement or mediation conferences if requested.