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602 KB
Extraction Summary
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People
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Organizations
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Locations
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Events
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Relationships
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Quotes
Document Information
Type:
Legal document
File Size:
602 KB
Summary
This legal document argues that the authority of U.S. Attorneys is statutorily limited to their specific federal districts, unless directed otherwise by the Attorney General. It applies this principle to a case involving Maxwell, suggesting that a Non-Prosecution Agreement (NPA) did not need to explicitly prevent the USAO-SDNY from prosecuting, as their jurisdiction was already confined. The argument is supported by citations to U.S. Code and the legal precedent of 'Annabi'.
People (3)
| Name | Role | Context |
|---|---|---|
| Maxwell |
Mentioned as the subject of a potential prosecution by USAO-SDNY.
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| Annabi |
Referenced as a controlling legal precedent ('Annabi controls the result here').
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| Attorney General | Head of the Department of Justice |
Mentioned as having the authority to direct U.S. Attorneys to act outside their own districts.
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Organizations (4)
| Name | Type | Context |
|---|---|---|
| U.S. Attorneys | government agency |
The document discusses the statutory duties and jurisdictional limits of U.S. Attorneys.
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| United States | government |
Mentioned as the entity against which offenses are prosecuted and which is a party in civil actions.
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| USAO-SDNY | government agency |
Mentioned in the context of potentially prosecuting Maxwell, and whether a Non-Prosecution Agreement (NPA) precluded ...
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| Department of Justice | government agency |
Mentioned in a footnote quoting a statute regarding the authority of its officers.
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Locations (2)
| Location | Context |
|---|---|
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The jurisdiction for offenses prosecuted by U.S. Attorneys.
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The document discusses how the number of these has grown since 1789 and that they are the primary area of a U.S. Atto...
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Relationships (1)
The document states that the Attorney General can direct U.S. Attorneys to participate in proceedings in other districts, indicating a supervisory relationship.
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 and jurisdictional limits of U.S. Attorneys.)
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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 can act outside their district if directed by the Attorney General.)
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Quote #2
Full Extracted Text
Complete text extracted from the document (1,647 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
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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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DOJ-OGR-00021807
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