attorney general when conducting invesitgations

What are the Attorney General’s guidelines for criminal investigations?

The Attorney General Guidelines also mandate that sensitive criminal investigations be brought to the attention of the U.S. Attorney and authorizes the FBI to conduct intelligence investigations for the purposes of identifying criminal enterprises and their capacity to do harm, e.g.

Who is the authority of the Attorney General to issue guidelines?

These Guidelines are issued under the authority of the Attorney General as provided in 28 U.S.C. 509, 510, and 533. II. General Crimes Investigations

Can in-house counsel maintain attorney-client privilege in an internal investigation?

Maintaining the attorney-client privilege in an in-house counsel-led internal investigation is not automatic, and can be tricky. Investigations conducted or directed by in-house counsel increase the risk that the company’s attorney-client privilege and work product protections will be waived.

Who do I contact for more information about an internal investigation?

For more information, please contact Tom Jones , David Kelch or any member of Porter Wright's Corporate & Internal Investigations Practice Group. [1] Making an investigative report to the government regarding the investigation’s findings may result in a waiver of the privilege and work product protection.

What does the U.S. Attorney General investigate?

AGs investigate and bring actions under their states' respective unfair, deceptive, and abusive practices laws (“UDAP laws”). UDAP laws tend to broadly prohibit “deceptive” or “unconscionable” acts against consumers.

Who investigates FBI misconduct?

OPR also investigates certain misconduct allegations involving federal law enforcement agents when they relate to a Department attorney's alleged professional misconduct, as well as claims of reprisal against FBI whistleblowers.

What is the role of the Attorney General in Texas?

The main responsibilities of the Office of the Attorney General are defending the State of Texas and its duly elected laws by providing legal representation to the State, serving the children of Texas through the enforcement of the state's child support laws, securing justice for Texans, protecting Texans from waste, ...

Who has authority over the FBI?

United StatesFederal Bureau of Investigation / JurisdictionFederal law gives the FBI authority to investigate all federal crime not assigned exclusively to another federal agency (28, Section 533 of the U.S. Code). Title 28, U.S. Code, Section 533, authorizes the attorney general to appoint officials to detect and prosecute crimes against the United States.

Does the FBI report to the attorney General?

Within the U.S. Department of Justice, the FBI is responsible to the attorney general, and it reports its findings to U.S. Attorneys across the country. The FBI's intelligence activities are overseen by the Director of National Intelligence.

What's higher than the CIA?

The National Security Agency (NSA) is a national-level intelligence agency of the United States Department of Defense, under the authority of the Director of National Intelligence (DNI)....National Security Agency.Agency overviewAnnual budgetClassified (estimated $10.8 billion, 2013)11 more rows

What are the duties of Attorney General?

The Attorney-General is the Chief Law officer of a state responsible for advising the government on legal matters and representing it in litigation.

What is the work of Attorney General?

Who is Attorney General of India? Article 76 of the constitution mentions that he/she is the highest law officer of India. As a chief legal advisor to the government of India, he advises the union government on all legal matters. He also is the primary lawyer representing Union Government in the Supreme Court of India.

What are the powers of the Attorney General of the Federation?

POWERS OF ATTORNEY GENERAL OF FEDERATION TO ENGAGE COUNSEL The constitutional power vested on the AGF under Section 174 of the 1999 CFRN (as amended) is in respect of prosecution of criminal matters without any express provisions in respect of civil matters.

What is the highest rank in the FBI?

the directorTip. The highest rank in the FBI is the director. The office is filled by presidential appointment, provided the Senate votes to confirm. The FBI director answers to the U.S. attorney general, the director of national intelligence and various congressional committees.

What are the 11 divisions of the FBI?

ContentsDirector's Office.National Security Branch.Criminal, Cyber, Response, and Services Branch.Intelligence Branch.Science and Technology Branch.Information and Technology Branch.Human Resources Branch.

Is FBI over the police?

The FBI Police is the uniformed security police of the Federal Bureau of Investigation (FBI) and is part of the Bureau's Security Division....FBI PoliceAgencyFederal Bureau of InvestigationTypeSecurity policePart ofSecurity DivisionMotto"Protecting those who protect America!"8 more rows

What are the standards and requirements for an investigation?

The standards and requirements set forth herein govern the circumstances under which an investigation may be begun, and the permissible scope, duration, subject-matters, and objectives of an investigation. All investigations of crime or crime-related activities shall be undertaken in accordance with one or more of these Guidelines.

What factors should be considered when conducting an investigation?

In determining whether an investigation should be conducted, the FBI shall consider all of the circumstances including: (1) the magnitude of the threatened harm; (2) the likelihood it will occur; (3) the immediacy of the threat; and (4) the danger to privacy and free expression posed by an investigation. b.

How long can the FBI investigate racketeering?

b. A racketeering enterprise investigation may be initially authorized for a period of up to 180 days.

What is the FBI's primary responsibility?

As the primary criminal investigative agency in the federal government, the FBI has the authority and responsibility to investigate all criminal violations of federal law not exclusively assigned to another federal agency.

How long can the FBI investigate a terrorism case?

b. A domestic security/terrorism investigation may be initially authorized for a period of up to 180 days.

What is warranted investigation?

If, on the basis of information discovered in the course of a preliminary inquiry, an investigation is warranted, it may be conducted as a general crimes investigation, or a criminal intelligence investigation, or both.

What does a special agent take into account when determining whether there is reasonable indication of a federal criminal violation?

In determining whether there is reasonable indication of a federal criminal violation, a Special Agent may take into account any facts or circumstances that a prudent investigator would consider. However, the standard does require specific facts or circumstances indicating a past, current, or impending violation.

News

Attorney General Ken Paxton’s position is clear that the governor’s orders and state law apply to all Texans and protect their right to make

Liberty and Justice for Texas

We regularly identify unique threats to Texas—and we take action to defeat them.

About KEN PAXTON

Ken Paxton is the 51st Attorney General of Texas. He was elected on November 4, 2014, and sworn into office on January 5, 2015.

What is a state attorney general?

State Attorneys General. State attorneys general are unique constitutional officers in the U.S. legal and political landscape. With sweeping powers to launch investigations and bring actions on behalf of states or consumers, state attorneys general can have a profound impact on corporations, foundations, individuals and investors.

What states are involved in price manipulation?

a large refiner of petroleum products in price manipulation investigations by state attorneys general from Texas, Florida, California, Missouri, Arizona and Kentucky, as well as the Federal Trade Commission. food, dietary supplement and over-the-counter drug companies in cases brought against them by the California Attorney General’s Office.

What is an investigation privilege memo?

In-house counsel should draft an investigation privilege memo to personnel that will be involved in the investigation. The memo should explain the contours of the privilege and work product doctrine and train team members on how to preserve them.

What is the burden of showing that the in-house counsel’s communication was between an attorney and his client?

To protect the privilege, the corporate client has the burden of showing that the in-house counsel’s communication (1) was between an attorney and his client, (2) was made for the purpose of providing legal advice to the corporation and (3) that the communication was intended to be, and was in fact, kept confidential. See, e.g., Pritchard v.

Why should an interview note be discoverable?

Interview notes are likely discoverable because facts are not privileged.

Can you waive a privilege in part or whole?

While it may become advantageous to later waive the privilege in part or whole, if the privilege is not established and preserved at the outset, there will be no decision to be made as the matter progresses.

Should counsel conduct interviews?

Counsel alone should conduct interviews where possible. If not possible, then make privilege more likely by having counsel direct the interviews, review the interview notes and summarize, and provide interview outline or topics for questioning. See In re Kellogg Brown & Root, Inc., “agents of attorneys in internal investigations are routinely protected by the attorney-client privilege.”

Is in-house counsel privileged?

In-house counsel frequently perform both a business and a legal function for the company. But, only in-house counsel’s communications in their legal role can be privileged. An in-house counsel’s communications relating to his or her business function are not privileged simply because the in-house counsel is an attorney.

Does the attorney-client privilege apply to corporate clients?

The attorney-client privilege has long been held to apply in the corporate context. But, its contours are not clear, and whether the privilege protects an in-house counsel’s communications is determined on a case-by-case basis. To protect the privilege, the corporate client has the burden of showing that the in-house counsel’s communication (1) ...