Several federal hate crime statutes require certification from the Attorney General or from his or her designee before prosecution may be undertaken. See 18 U.S.C. §§ 245, 247, and 249. The Assistant Attorney General for the Civil Rights Division has been delegated this certification authority. See 28 C.F.R. § 0.50 (delegating authority for §§ 245 and 249); Attorney General Order No. 2048-96, Delegation of Authority to Authorize the Initiation of Prosecutions under 18 U.S.C § 247 (delegating authority for § 247). No indictment, information, or criminal complaint under these statutes may issue without such certification.

When an attorney from the Criminal Section of the Civil Rights Division is jointly working on a case with attorneys from a United States Attorney’s Office, or when an attorney from the Criminal Section of the Civil Rights Division has been formally assigned to assist the United States Attorney’s Office with legal issues, the request for certification may be sent to the attorney assigned to the case who will then provide advice and assistance in the certification process. If there is no attorney in the Criminal Section formally assigned to the case, the request for certification should be sent to the Deputy Chief with supervisory authority over cases from the district seeking certification or the request may be sent to the Principal Deputy Chief. In cases charging conspiracies to violate these statutes or solicitations to violate these statutes, notice should be given to the Criminal Section and may be provided in the same manner.

[added March 2018]

8-3.142 - Coordination of Immunity Requests and Requests for Juvenile Certification

Any time a United States Attorney’s Office submits a request, in accordance with §§ 9-23.100 et seq. of the United States Attorney’s Manual (JM), to immunize a witness in a civil rights case, including in a human trafficking case, the request should be coordinated through the Criminal Section of the Civil Rights Division. In cases in which an attorney from the Criminal Section is jointly working a case with attorneys from a United States Attorney’s Office, or when an attorney from the Criminal Section of the Civil Rights Division has been formally assigned to assist the United States Attorney’s Office with legal issues, coordination with the assigned attorney is sufficient. If there is no attorney from the Criminal Section formally assigned to the case, the request should be sent in advance to the Deputy Chief with supervisory authority over cases from the district seeking immunity or the request may be sent to the Principal Deputy Chief.

Similarly, any time a United States Attorney’s Office requests authorization to proceed against a juvenile subject in a civil rights case, in accordance with §§ 9-8.000 of the JM, that request should be coordinated through the Criminal Section, either through an attorney assigned to the case, or through the appropriate Deputy Chief or through the Principal Deputy Chief.

Any time a United States Attorney’s Office requests authorization to prosecute a case after a state prosecution, in accordance with the dual prosecution policy (Petite Policy) set forth in § 9-2.031 of the JM, in a case involving civil rights charges, including human trafficking charges, that request should be coordinated through the Criminal Section, either through an attorney assigned to the case, or through the appropriate Deputy Chief or through the Principal Deputy Chief.

[added April 2018]