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Extraction Summary
2
People
5
Organizations
2
Locations
2
Events
1
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
602 KB
Summary
This legal document, part of Case 22-1426, argues that the duties of U.S. Attorneys are statutorily confined to their specific districts. It cites the case of Annabi to support the claim that a Non-Prosecution Agreement (NPA) did not prevent the U.S. Attorney's Office for the Southern District of New York (USAO-SDNY) from prosecuting an individual named Maxwell. The document includes footnotes referencing U.S. Code to detail the powers and limitations of U.S. Attorneys, including the exception that the Attorney General can authorize them to act outside their districts.
People (2)
| Name | Role | Context |
|---|---|---|
| Maxwell |
Mentioned as the subject of a prosecution by USAO-SDNY, which was allegedly not precluded by an NPA.
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| Attorney General | Attorney General |
Mentioned as having the authority to direct a U.S. Attorney to participate in proceedings in other districts.
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Organizations (5)
| Name | Type | Context |
|---|---|---|
| U.S. Attorneys | government agency |
The document discusses the statutory duties and jurisdictional limits of U.S. Attorneys.
|
| United States | government agency |
Mentioned as the entity against which offenses are prosecuted and which is a party in civil actions.
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| Government | government agency |
Refers to the U.S. Government, which U.S. Attorneys represent in legal proceedings.
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| USAO-SDNY | government agency |
United States Attorney's Office for the Southern District of New York, mentioned as the entity prosecuting Maxwell.
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| Department of Justice | government agency |
Mentioned in a footnote quoting 28 U.S.C. § 515 regarding the authority of its officers.
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Locations (2)
| Location | Context |
|---|---|
|
Mentioned in the context of the jurisdictional limits of U.S. Attorneys.
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Implied by the organization name USAO-SDNY, referring to the Southern District of New York.
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Relationships (1)
The document cites a statute (28 U.S.C. § 515) indicating that the Attorney General has the authority to direct a U.S. Attorney to act outside of their own district.
Key Quotes (2)
"within [their] district, shall (1) prosecute for all offenses against the United States; (2) prosecute or defend, for the Government, all civil actions, suits or proceedings in which the United States is concerned."Source
— 28 U.S.C. § 547 (statute)
(Quoted to define the statutory duties of U.S. Attorneys, emphasizing their limitation to a specific district.)
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Quote #1
"The Attorney General or any other officer of the Department of Justice, or any attorney specially appointed by the Attorney General under law, may, when specifically directed by the Attorney General, conduct any kind of legal proceeding . . . which United States attorneys are authorized by law to conduct, whether or not he is a resident of the district in which the proceeding is brought."Source
— 28 U.S.C. § 515 (statute)
(Quoted in a footnote to explain the exception where a U.S. Attorney's powers can extend beyond their district, specifically when directed by the Attorney General.)
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Quote #2
Full Extracted Text
Complete text extracted from the document (1,642 characters)
Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page13 of 26
the actions and the duties of the U.S. Attorneys would be limited to their own districts, absent any express exceptions.
Since 1789, while the number of federal districts has grown significantly, the duties of a U.S. Attorney and their scope remain largely unchanged. By statute, U.S. Attorneys, “within [their] district, shall (1) prosecute for all offenses against the United States; (2) prosecute or defend, for the Government, all civil actions, suits or proceedings in which the United States is concerned.”¹⁷ Again, the scope of the duties of a U.S. Attorney is cabined to their specific district unless otherwise directed.¹⁸
In short, Annabi controls the result here. Nothing in the text of the NPA or its negotiation history suggests that the NPA precluded USAO-SDNY from prosecuting Maxwell for the charges in the
¹⁷ 28 U.S.C. § 547.
¹⁸ This does not suggest that there are no instances in which a U.S. Attorney’s powers do not extend beyond their districts. For instance, under 28 U.S.C. § 515 a U.S. Attorney can represent the Government or participate in proceedings in other districts, but only when specifically directed by the Attorney General:
The Attorney General or any other officer of the Department of Justice, or any attorney specially appointed by the Attorney General under law, may, when specifically directed by the Attorney General, conduct any kind of legal proceeding . . . which United States attorneys are authorized by law to conduct, whether or not he is a resident of the district in which the proceeding is brought.
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