JM 9-75.110
"Nationwide Investigations" are investigations that will likely have an impact in at least fifteen districts. (See JM 9-75.100 "Multiple District Investigations and Prosecutions" if the investigation will likely affect less than fifteen but more than one district.) Because such investigations will have a broad impact, an attorney should always supervise their development and implementation. The supervising attorney can be either a USAO or CEOS attorney. The supervising attorney, whether from CEOS or a USAO, shall notify CEOS and the Child Exploitation Working Group of the AGAC (through CEOS) during the development of a nationwide investigation, and shall cause all United States Attorneys to be notified of the nationwide investigation prior to its implementation.
The supervising attorney conducting a nationwide investigation shall notify the Child Exploitation and Obscenity Coordinator in each district where a potential defendant is located as soon as that information develops. This will permit any United States Attorney to provide input regarding potential problems with the initiative that may hinder later prosecutions in his or her district.
The supervising attorney shall keep CEOS and the involved Coordinators apprised of the progress of the investigation. The supervising attorney shall also complete and submit to CEOS and the Child Exploitation Working Group of the AGAC (CEO Working Group), a "Notification of Child Exploitation Investigation" form.
A review of the proposed nationwide investigation will be performed by an Advisory Committee (appointed by the Child Exploitation and Obscenity Working Group of the AGAC). The Advisory Committee is comprised of six Assistant United States Attorneys (AUSAs) with expertise in the area of child exploitation investigations, one attorney from the Child Exploitation and Obscenity Section of the United States Department of Justice, and technical advisor(s) as deemed necessary by the Advisory Committee. The six AUSAs selected by the CEO Working Group should be selected with consideration of subject-matter expertise, experience, and office size and/or location; and should represent a diversity of viewpoints. Upon reconfiguration of the Advisory Committee in 2014, members will serve terms on a staggered basis with two members leaving the Advisory Committee every two years. The two Advisory Committee members with the most experience with the Department will be the first members to have their terms expire. Every two years, the terms of the most experienced members on the committee will expire. No Advisory Committee member shall serve a term of longer than six years.
Prior to the expiration of an Advisory Committee member's term, the EOUSA liaison to the CEO Working Group shall advertise for new AUSA members to be nominated by the United States Attorneys to fill the vacancy. CEOS will submit a recommendation to the CEO Working Group for any vacancy of the CEOS Advisory Committee member. The EOUSA liaison will forward the nominated AUSA candidates to the CEO Working Group. Membership selection decisions will be made by the Chair of CEO Working Group, in consultation with all Working Group members.
The Advisory Committee will review all proposals for nationwide child exploitation investigations and offer advice regarding the investigation. The Advisory Committee, upon receiving a notification, will notify all districts that a notification has been received and is under consideration by the Advisory Committee. The Advisory Committee will discuss the proposal with the initiating district and present advice to the initiating district. The Advisory Committee will prepare a brief report regarding its advice and disseminate the report to all districts within fourteen working days of receiving the notification.
The Advisory Committee also provides consultation, advice, and recommendations to the Child Exploitation and Obscenity Working Group of the AGAC on an as-needed basis.
[updated May 2014]