The United States Attorneys’ Offices may decline cases by orally advising the FBI or other lead federal investigative agency of the declination. The declination should then be reflected in the investigative report submitted by the FBI or other lead federal investigative agency.

In all cases resulting in death, the Civil Rights Division will obtain the concurrence of the United States Attorney’s Office before closing any such case.

Ultimate declination authority in any case arising under the federal civil rights laws resides with the Assistant Attorney General for the Civil Rights Division. While cases should be declined after coordination between the Civil Rights Division and the United States Attorneys’ Offices, a declination by a United States Attorney’s Office does not bind the Civil Rights Division.

[updated March 2018]