An attorney general investigator works for a state or national attorney general's office. In this position, you investigate criminal activity and collect evidence that attorneys can use to prosecute suspected criminals. Your duties can vary from case to case.
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The Attorney General's responsibilities include safeguarding Californians from harm and promoting community safety, preserving California's spectacular natural resources, enforcing civil rights laws, and helping victims of identity theft, mortgage-related fraud, illegal business practices, and other consumer crimes.
Probably the second most common way people learn that they're under federal investigation is when the police execute a search warrant at the person's house or office. If the police come into your house and execute a search warrant, then you know that you are under investigation.
Prosecutors are supposed to both enforce the law and "do justice." Doing justice means that a prosecutor occasionally decides not to prosecute a case (or files less severe charges) because the interests of justice require it, even if the facts of the case might support a conviction.
The Michigan State Police and the Michigan Department of Attorney General (MDAG) are jointly investigating a conspiracy to unlawfully obtain access to voting machines used in the 2020 General Election.
five yearsFor most federal crimes, the statute of limitations is five years. As for bank fraud, the statute of limitations is ten years. Arson and immigration violations are also subject to a ten-year limit. Kidnapping also has a limit of ten years, or the child's lifetime, whichever is longer.
How do I know if I'm under an investigation? You don't. Law enforcement has no obligation to inform you that there is a pending investigation and often people don't discover they were under investigation until after they've been arrested or indicted.
The are several signs that a criminal case is weak and a good prosecutor will not even pursue such a case until they're sure they can convince a judge that the case deserves a trial. As discussed, principal signs of a weak case include lack of evidence, illegal arrest, lack of witnesses among others.
Police officers usually make arrests based only on whether they have good reason (probable cause) to believe a crime has been committed. By contrast, prosecutors can file formal charges only if they believe that they can prove a suspect guilty beyond a reasonable doubt.
After charges are filed, prosecutors and sometimes courts may dismiss such charges for some of the same reasons that charges are dropped before being filed. Evidence may be poor, witnesses may be unavailable or illegal tactics may have been used to gather evidence or make arrests.
The Attorney General files civil and criminal suits upon referral by other state agencies and, in some circumstances, has original jurisdiction to prosecute violations of the law without a referral from another agency.
Merrick GarlandUnited States / Attorney generalMerrick Brian Garland is an American lawyer and jurist serving as the 86th United States attorney general beginning in March 2021. He served as a circuit judge of the U.S. Court of Appeals for the District of Columbia Circuit from 1997 to 2021. Wikipedia
However, when practising law, lawyers can only provide legal assistance, advice, and counselling to their clients while an attorney can represent clients in court and initiate defendant prosecutions in addition to providing legal counsel and consultation.
Why would the FBI come to your house? There are a number of possible reasons. They range from the possibility that they are looking for someone who does not live there anymore, to looking for information about another person, to looking to get interview a target or even make an arrest.
Unlike other states that have 72-hour time limits, the state of California requires that every person arrested receive a charge or be let go within 48 hours of the arrest. A person that is arrested for any reason must be brought before a judge within 48 hours of arrest at the very latest.
Be advised, federal agencies do not call or email individuals threatening arrest or demanding money. Scammers often spoof caller ID information, and these phone calls are fraudulent even if they appear to be coming from an agency's legitimate phone number.
If you find yourself framed for a crime, here are 5 things that you can do to fight back for a good outcome in court:Dig Deeper. ... Bring Witnesses to Court. ... Think about the Rules of Evidence. ... Try for a Pre-Trial Conference. ... Choose Your Jury Carefully.
Individuals filing investigations with the Attorney General’s Office may have general knowledge of their provider, such as their doctor’s name, but may not have the correct address or other information.
If you already have a lawyer for a similar civil lawsuit from the same party, I highly recommend that you use the same lawyer. Otherwise you stand a fairly large risk of doing or saying something in responding to the AG investigation that will harm or undermine your defense in the civil lawsuit.
David Klein is one of the most recognized attorneys in the technology, Internet marketing, sweepstakes, and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.
Having a customer that actually brings their issue to your attention is a great gift. Surveys show that 96% of unhappy customers never complain to the company about their dissatisfaction with a product or service. That means the vast majority of complaints are directed at family or friends, which can have a lasting impact on business through negative word of mouth.
7 Examples of Replies to Customer Complaints Email 6 2. Email Complaint Response to a Customer Who has Delayed an Order. This is one of the most common and frustrating issues that come up now and then in the customer care department of any organization.
The Criminal Investigation Division is a resource for local and county law enforcement and prosecution agencies who require investigative and/or prosecution assistance due to a lack of resources or a conflict of interest. Criminal complaints should be made to local law enforcement as it is their responsibility to investigate any crimes within their jurisdiction. CID will only become involved in such investigations based on a written request from the head of those agencies.
Criminal complaints should be made to local law enforcement as it is their responsibility to investigate any crimes within their jurisdiction. CID will only become involved in such investigations based on a written request from the head of those agencies.
State investigation or prosecution should be considered when any of the following factors potentially applies: An intrusion causes “significant” damage (e.g., loss of more than $50,000, impairment of records, threat to health and safety, actual physical injury).
The perpetrator was a state government employee, targeted state employees, or misappropriated information obtained from state files, databases, or networks. The perpetrator created or used counterfeit or stolen state identification. Local jurisdiction declines prosecution due to technical or resource issues.
The theft is from the state government, one of its agencies, or one of its programs. The conduct potentially involved multiple victims, a ring of more than two persons who conspired to commit offenses on more than one occasion, and multiple counties or states are involved.
Local jurisdiction declines prosecution due to technical or resource issues.
An intrusion involves a state government computer system.
If you determine during an investigation that your case potentially appears to fall within any of the guidelines noted below, please contact the eCrime Unit of the Office of the California Attorney General to discuss whether the case might be appropriate for investigative assistance or prosecution by the eCrime Unit.
An intrusion causes a “significant” breach of confidentiality (e.g., the value of the information was greater than $50,000, the intrusion was for the purpose of commercial gain, or the intrusion was for some other criminal purpose). An intrusion involves a state government computer system.
If your attorney was appointed by the court and is not effectively representing your interests, you should raise this issue with the court, which can address any considerations you have and may be able to appoint a different attorney. If you hired a private attorney to represent you and you are unsatisfied with their services, you should raise your concerns with your state bar association .
In these cases, the local U.S. Attorney's Office works closely with state and local law enforcement officials to determine whether a case will be brought in federal or state court.
If you are a victim of a federal crime and have been dealing with a law enforcement agency, you should contact that law enforcement agency to follow up on the status of the case. Longstanding Department practice prevents the Executive Office for United States Attorneys from confirming or denying the existence of particular matters or investigations, and cannot discuss the status of any matter that may be pending in a United States Attorney’s Office. Please be assured that all allegations of federal law violations are taken very seriously by all United States Attorneys’ offices.
If you believe you have credible evidence of violations of state or local law, you should contact your state or local law enforcement agencies, as appropriate.
Investigations are generally conducted by federal law enforcement agencies such as the Federal Bureau of Investigation, Drug Enforcement Administration, Customs and Border Protection, Internal Revenue Service, Postal Service, Immigration and Customs Enforcement, and others. We also frequently take cases from state and local agencies. The U.S. Attorneys’ Offices work with those agencies to provide direction and legal counsel in federal criminal investigations.
Some federal crimes involve narcotics, bank robbery, fraudulent activity that affects interstate commerce, wire fraud, mail fraud or tax fraud, any crime in which the United States is defrauded, guns, environmental crimes, and civil rights violations. Some crimes may violate both state and federal laws, such as bank robbery. In these cases, the local U.S. Attorney's Office works closely with state and local law enforcement officials to determine whether a case will be brought in federal or state court.
You can find your local FBI office through their website at: http://www.fbi.gov/contact-us/field or by calling 202-324-3000.
District Directors may initiate directed investigations without approval from a Commissioner. [5] See EEOC Compliance Manual, Volume I, § 22.7. The Commission’s EPA regulations expressly delegate authority to exercise the powers listed in subsections 1620.30 (a) (1), (2), (3), and (5) to the General Counsel and the directors of specified EEOC program and field offices. 29 C.F.R. § 1620.30 (b).
The Commission may, on its own initiative, conduct investigations of employers, employment agencies and labor organizations, in accordance with the powers vested in it pursuant to sections 6 and 7 of the Act [29 U.S.C. §§ 625, 626].
Once an EEOC office has received and filed a Commissioner charge, it conducts the ensuing investigation the same way it conducts other charge investigations: by serving notice on the respondent and gathering information either directly or through the appropriate FEP agency. See generally, e.g., 29 C.F.R. § 1601.14 (notice of the charge is served on the respondent), § 1601.15 (a) (“the Commission may utilize the services of … [and] information gathered by” State and local FEP agencies and “appropriate Federal agencies”), id. (“As part of each investigation, the Commission will accept any statement of position or evidence with respect to the allegations of the charge which the person claiming to be aggrieved, the person making the charge on behalf of such person, if any, or the respondent wishes to submit.”); § 1601.16 (a) (discussing Commission’s authority “to sign and issue a subpoena requiring” “testimony of witnesses” and “production of evidence”). As the Supreme Court has recognized, the Commission has the authority to investigate Commissioner Charges under the same standards that apply to charges of discrimination filed by members of the public including authority to obtain relevant information from respondents by issuing administrative subpoenas and seeking judicial enforcement where necessary. See generally EEOC v. Shell Oil Co., 466 U.S. 54 (1984).
In addition to investigating discrimination charges filed by individuals, Congress authorized the EEOC to investigate possible discrimination under Title VII, the ADA, and GINA using Commissioner charges. See 42 U.S.C. § 2000e-5 (b) (referring to charges “filed by or on behalf of a person claiming to be aggrieved, or by a member of the Commission ”) (emphasis added). Similarly, Congress authorized the EEOC to investigate possible age discrimination under the ADEA and potential pay discrimination under the EPA without needing a charge, through what the agency calls “directed investigations.” See 29 U.S.C. § 626 (EEOC “shall have the power to make investigations”); 29 U.S.C. § 211 (a) (EEOC “may investigate and gather data regarding the wages, hours, and other conditions and practices of employment in any industry subject to this chapter”). The following outlines the statutory and regulatory structure for Commissioner charges and directed investigations and answers some common questions about them.
Commissioner charges are “deemed filed upon receipt by the Commission office responsible for investigating the charge.” 29 C.F.R. § 1601.13 (e). As with all charges filed with the EEOC, if the allegation of discrimination “concern [s] an employment practice occurring within the jurisdiction of” a State or local fair employment practices (FEP) agency that also prohibits the practice and provides an enforcement mechanism, the Commission will notify the FEP agency. Id. For non-Commissioner charges, deferral to the FEP agency for up to 60 days is mandatory unless the FEP agency has agreed to let the EEOC proceed immediately. 29 C.F.R. § 1601.13 (a) (4) (i). For Commissioner charges, the FEP agency must make a written request to have the exclusive right to investigate the charge for up to 60 days before the EEOC begins its investigation. 29 C.F.R. § 1601.13 (e); compare 42 U.S.C. § 2000e-5 (c) (mandatory deferral of charges to State and local FEP agencies where applicable) with 42 U.S.C. § 2000e-5 (d) (deferral of a Commissioner charge to a State or local FEP agency only upon the agency’s request). [2]
§ 2000e-5 (b) (requiring that all charges “shall be in writing under oath or affirmation”); 29 C.F.R. § 1601.9 (“A charge shall be in writing and signed and shall be verified.”); id. at § 1601.3 (a) (defining “verified”). Since 1972, Congress has imposed no special requirements on the contents of Commissioner charges as compared to other charges; Commissioner charges must meet only the same regulatory requirements found in 29 C.F.R. § 1601.12 that apply to all EEOC charges. [1] These requirements include the respondent’s name, address, and approximate number of employees, if known, as well as “ [a] clear and concise statement of the facts, including pertinent dates, constituting the alleged unlawful employment practices.” 29 C.F.R. § 1601.12 (a) (2)- (4).
Similarly, Congress authorized the EEOC to investigate possible age discrimination under the ADEA and potential pay discrimination under the EPA without need ing a charge, through what the agency calls “directed investigations.”.
Anyone that may be part of an OIG investigation may be an employee of an agency, a contractor with the FTC, some sort of consultant, a personal or organization that was involved in an offense that in some manner affected the FTC programs and operations. This means that anyone included in the list could be subject to an investigation by the OIG office due to a violation of FTC regulations and laws. These employees or others must cooperate with the inquiry and answer questions that are provided during the situation unless directly involved in the criminal investigation as explained by the OIG office. Other violations that could lead to disciplinary action for an FTC employee or prosecution may result if any false information has been provided or facts that are related to the investigation have been concealed.
The investigation is usually based on information garnered through various sources which may include numerous hotlines, referrals, requests by administration and persons that have provided data about potential crimes in progress or known violations.
Any employee of a department affected by possible allegations of violations or offenses is required to fully cooperate with an OIG investigation and any specific inspectors. This means that these persons must be fully forthcoming with data when being placed in interview circumstances, provide all necessary records that have been requested that may be in the worker’s possession or are known to exist and ensure everything needed for the examination of documents and data is available to the inspector. Information through documentation may be either physical in paperwork or electronic such as emails, databases, software and voicemail. Because the OIG inspector is permitted to access computers and data systems, the employee is able to show the individual or group where the requested information may reside.
The Important Matters of OIG Investigations. Allegations of fraud and offenses to Commerce and the Federal Trade Commission departments may affect grants, projects, contracts and transactions. This may be through employee misconduct, criminal activity, ethical violations and noncompliance to rules and regulations by anyone in the organization.
The Office of Inspector General investigations deal with various instances of fraud, waste, abuses situations and misconduct in regards to federal employees, contracted workers and entities that have business with the Federal Trade Commission. When the OIG investigates an issue, it usually deals with the administrative, ...
Most cases opened by inspectors include employees, officials of management and any programs of the department that are affected. All investigations conducted by the OIG may be criminal, civil and administrative in regards to offenses and violations discovered.
When someone has become a subject of an OIG inquiry, he or she may hire a lawyer to protect his or her rights and prevent self-incrimination. There are standards that the office must adhere to that may be found in the Executive Council on Integrity and Efficiency published works.
Perhaps this conclusion may be reached informally whereby the investigation is closed with no action taken and documents returned, assuming state law permits. An investigation may also be closed by some less formal action, such as a letter agreement. Attorneys General typically prefer to resolve an investigation through execution with the respondent of an assurance of voluntary compliance (“AVC”). An AVC is often simply a recitation of stipulated facts describing the state’s position and the respondent’s position. An AVC also includes some type of injunctive relief, under which the respondent agrees to follow by relevant law, and perhaps some form of future monitoring and compliance plans. If the circumstances warrant based on consumer harm, monetary payments may also be made to complainants or a consumer restitution fund could be established. Investigative costs and fines are also a possibility if the conduct is sufficiently problematic or justifies some additional deterrent.
One of the most powerful tools in the Attorney General’s arsenal is the ability to issue demands for records and testimony from individuals and companies believed to be in violation of the law. This pre-litigation discovery power is broad, and parties practicing in this space must know the investigative powers of Attorneys General, and how to respond in the event of an investigation, in order to ensure that minor regulatory issues do not grow into major problems.
The Consumer Fraud Act’s purpose is “to protect consumers and borrowers and businessmen against fraud, unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.” 815 ILCS 505/1.
Additionally, a witness may protect himself from an improper subpoena by filing a timely motion to quash or modify in a state circuit court. Although modifying a subpoena is common, it is rare to quash a subpoena in its entirety, particularly given the broad discretion granted to the Attorney General. Where it is clear that where a subpoena seeks confidential business information that is irrelevant to the proceeding or other matters protected by an applicable privilege, it is an abuse of discretion for a circuit court not to quash the subpoena.
It is critical to analyze whether objections may exist before responding to a subpoena in order to avoid any claim of waiver. It is important to begin at the beginning and not overlook any object ions. For instance, ensure that service was proper and that personal jurisdiction exists.
A threshold question in a document production is the manner in which the documents will be made available to the Attorney General. The manner of production takes on heightened importance when confidential or proprietary information is involved.
Admittedly, the best method to protect information may be to avoid its being placed in the possession of a governmental agency. While that may not always be possible or advisable, there are alternative methods to ensure possession remains with the owner of the confidential or proprietary information. For instance, the realities of modern business mean the generation of massive amounts of electronically stored information ("ESI"). This ESI will often be sought by governmental agencies in the course of regulatory decision-making or investigation. The flexibility of this new information medium means that owners of confidential business information can control the manner by which it is provided to regulators. For instance, ESI can be made remotely available to governmental agencies without having to physically deliver or transmit data. Electronic discovery tools permit the creation of e-rooms that provide virtual workplaces where people in various locations can collaborate on common activities. The governmental agencies can be granted limited access to this ESI, and once their review is complete, access can be terminated. Command and control of the data resides with the owner, and the concern of how it will be treated by governmental agencies in perpetuity is eliminated.