The Fugitive Felon Act requires formal approval in writing by the Attorney General, Deputy Attorney General, Associate Attorney General, or Assistant Attorney General before initiating a prosecution for unlawful flight to avoid prosecution, or custody or confinement after conviction, or to avoid giving testimony. Accordingly, under no circumstances should an indictment under the Act be sought nor an information be filed nor should removal proceedings under Rule 40, Federal Rules of Criminal Procedure, be instituted without the written approval of the Assistant Attorney General, Criminal Division. See H.Rep. No. 827, 87th Cong., 1st Sess. (1961), reprinted in, 1961 U.S.Code Cong. & Ad. News, 3242; United States v. McCord, 695 F.2d 823 (5th Cir.), cert. denied, 460 U.S. 1073 (1983). Requests for written approval to prosecute for unlawful flight should be forwarded to the Policy and Statutory Enforcement Unit using a form available to Department attorneys. Generally, such requests are approved only if it clearly appears that the interests of justice would be frustrated by a failure to prosecute.

[cited in JM 9-2.112; JM 9-11.120; JM 9-69.400]

[updated January 2020]