When either a United States Attorney's Office for the district in which the crime is alleged to have occurred or ECS declines a felony case, the declining office will promptly advise the other of that action. If either office writes a substantive memorandum to the file or to the investigative agency regarding the declination, that office will promptly provide a copy of the declination memorandum to the other office. Nothing in JM 5-11.104 is intended to limit ECS' authority to prosecute a case declined by a United States Attorney's Office after consultation with that office, nor shall these provisions limit the authority of a United States Attorney's Office to prosecute a case that ECS has declined for reasons that ECS advises do not involve policy considerations.

[Updated April 2018]