Assignment Of Responsibility

Assignment Of Responsibility-8
Counsel for other government agencies may not be heard in opposition. At the conclusion of the trial, the agency counsel shall consult with the Assistant United States Attorney or Trial Attorney about any post-trial proceedings and, in the case of an adverse judgment, provide the agency’s appeal recommendation. Where they involve amounts coming within the United States Attorneys' authority, the referrals should be made by the agencies directly to the National Central Intake Facility. Except as otherwise authorized by law, only attorneys of the Department of Justice under the supervision of the Attorney General may represent the United States or its agencies or officers in litigation. When required by any court or by the DOJ, an agency representative shall be available to attend the trial.

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The work of this Branch encompasses contract actions, whether brought by or against the government; most affirmative monetary and property claims (including foreclosures, reclamation claims, and actions to recover damages for conversion of government property) arising from government loan, grant, subsidy, and insurance programs; all non-tax bankruptcy litigation; and a broad variety of other monetary litigation, including patent or copyright infringement suits. From time to time, Civil Division attorneys involved in the handling of litigation, including litigation before specialized courts, may need to perform their duties at places within various judicial districts. It is the responsibility of agency counsel, in consultation with DOJ, to (1) provide written notice to all agency employees (and contractors, if necessary) who are likely to have documents or electronically stored information (ESI) relevant to any potential claim or defense of their obligation to preserve such documents and information, (2) obtain certification from every such employee (or contractor) that he or she understands these obligations and will comply, and (3) coordinate with the agency’s information technology personnel in instituting and maintaining the litigation hold. Agency counsel should be alert to apprise the Department of anticipated defenses, their strengths, and the best rebuttal to them. §§ 101.1 to 105.5) implementing the Debt Collection Act, 31 U. [cited in USAM 4-6.200] The degree of liaison which should be maintained with the Civil Division varies substantially from one type of case to another. [new March 2016] Agency referrals for litigation should be accompanied by sufficient information, whether in the form of a litigation report or otherwise, to permit an intelligent evaluation of the factual and legal merits of the case. Referrals of cases in excess of the United States Attorneys' authority should be made through the Civil Division. These components are the Torts Branch, Commercial Litigation Branch, Federal Programs Branch, Office of Immigration Litigation, Office of Consumer Litigation, and the Appellate Staff, each of which is directed by a Deputy Assistant Attorney General and a management team of senior supervisory attorneys. The Office coordinates district court litigation referred to the Department by the Federal Trade Commission, the Food and Drug Administration, National Highway Traffic Safety Administration, and the Consumer Product Safety Commission. 3359, and cases arising under the enforcement reforms of the Illegal Immigration Reform and Immigrant Responsibility Act, Pub. Where the circumstances warrant, the Assistant Attorney General, Civil Division, may delegate to United States Attorney's pursuant to section 4(b), Civil Division Directive No. United States Attorneys may compromise any case redelegated under section 4(b) in which the gross amount of the original claim does not exceed ,000,000, so long as the difference between the gross amount of the original claim and the proposed settlement does not exceed

The work of this Branch encompasses contract actions, whether brought by or against the government; most affirmative monetary and property claims (including foreclosures, reclamation claims, and actions to recover damages for conversion of government property) arising from government loan, grant, subsidy, and insurance programs; all non-tax bankruptcy litigation; and a broad variety of other monetary litigation, including patent or copyright infringement suits. From time to time, Civil Division attorneys involved in the handling of litigation, including litigation before specialized courts, may need to perform their duties at places within various judicial districts. It is the responsibility of agency counsel, in consultation with DOJ, to (1) provide written notice to all agency employees (and contractors, if necessary) who are likely to have documents or electronically stored information (ESI) relevant to any potential claim or defense of their obligation to preserve such documents and information, (2) obtain certification from every such employee (or contractor) that he or she understands these obligations and will comply, and (3) coordinate with the agency’s information technology personnel in instituting and maintaining the litigation hold.

Agency counsel should be alert to apprise the Department of anticipated defenses, their strengths, and the best rebuttal to them. §§ 101.1 to 105.5) implementing the Debt Collection Act, 31 U. [cited in USAM 4-6.200] The degree of liaison which should be maintained with the Civil Division varies substantially from one type of case to another.

[new March 2016] Agency referrals for litigation should be accompanied by sufficient information, whether in the form of a litigation report or otherwise, to permit an intelligent evaluation of the factual and legal merits of the case. Referrals of cases in excess of the United States Attorneys' authority should be made through the Civil Division.

These components are the Torts Branch, Commercial Litigation Branch, Federal Programs Branch, Office of Immigration Litigation, Office of Consumer Litigation, and the Appellate Staff, each of which is directed by a Deputy Assistant Attorney General and a management team of senior supervisory attorneys. The Office coordinates district court litigation referred to the Department by the Federal Trade Commission, the Food and Drug Administration, National Highway Traffic Safety Administration, and the Consumer Product Safety Commission. 3359, and cases arising under the enforcement reforms of the Illegal Immigration Reform and Immigrant Responsibility Act, Pub. Where the circumstances warrant, the Assistant Attorney General, Civil Division, may delegate to United States Attorney's pursuant to section 4(b), Civil Division Directive No. United States Attorneys may compromise any case redelegated under section 4(b) in which the gross amount of the original claim does not exceed $5,000,000, so long as the difference between the gross amount of the original claim and the proposed settlement does not exceed $1,000,000. United States Attorney's should be particularly alert to report to the Civil Division all claims involving fraud against the government that are not within the United States Attorneys' original authority, and all claims involving bribery, and the conversion of government property. Records of the agency relevant to the case can best be assembled and certifications obtained by agency counsel.

The litigation not handled by United States Attorney's is assigned primarily to components within the Civil Division, subject to the supervision and direction of the Assistant Attorney General. Senior Appellate Counsels: Freddi Lipstein; Alfred R. [updated October 2016] All functions and responsibilities formerly assigned to the Consumer Affairs Staff of the Antitrust Division, including responsibility for criminal cases (48 Fed. 9522 (1983)), are now the responsibility of the Civil Division's Office of Consumer Litigation. Also, when constitutional questions or other significant issues arise in the course of such litigation, or when an appeal is taken by any party, the Civil Division must be consulted. 17456 (1995), suit authority for any claims or suits where the gross amount of the original claim does not exceed $5 million, upon the recommendation of branch, office, or staff directors. Such powers as other officials of the government had theretofore with respect to litigation were withdrawn by E. 6166, June 10, 1933, leaving the Attorney General with complete authority. Agency personnel are in the best position to know or learn the facts involved in a case arising in connection with the activities of their agency as well as to have familiarity with agency practices, statutes, and regulations.

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The work of this Branch encompasses contract actions, whether brought by or against the government; most affirmative monetary and property claims (including foreclosures, reclamation claims, and actions to recover damages for conversion of government property) arising from government loan, grant, subsidy, and insurance programs; all non-tax bankruptcy litigation; and a broad variety of other monetary litigation, including patent or copyright infringement suits. From time to time, Civil Division attorneys involved in the handling of litigation, including litigation before specialized courts, may need to perform their duties at places within various judicial districts. It is the responsibility of agency counsel, in consultation with DOJ, to (1) provide written notice to all agency employees (and contractors, if necessary) who are likely to have documents or electronically stored information (ESI) relevant to any potential claim or defense of their obligation to preserve such documents and information, (2) obtain certification from every such employee (or contractor) that he or she understands these obligations and will comply, and (3) coordinate with the agency’s information technology personnel in instituting and maintaining the litigation hold. Agency counsel should be alert to apprise the Department of anticipated defenses, their strengths, and the best rebuttal to them. §§ 101.1 to 105.5) implementing the Debt Collection Act, 31 U. [cited in USAM 4-6.200] The degree of liaison which should be maintained with the Civil Division varies substantially from one type of case to another. [new March 2016] Agency referrals for litigation should be accompanied by sufficient information, whether in the form of a litigation report or otherwise, to permit an intelligent evaluation of the factual and legal merits of the case. Referrals of cases in excess of the United States Attorneys' authority should be made through the Civil Division. These components are the Torts Branch, Commercial Litigation Branch, Federal Programs Branch, Office of Immigration Litigation, Office of Consumer Litigation, and the Appellate Staff, each of which is directed by a Deputy Assistant Attorney General and a management team of senior supervisory attorneys. The Office coordinates district court litigation referred to the Department by the Federal Trade Commission, the Food and Drug Administration, National Highway Traffic Safety Administration, and the Consumer Product Safety Commission. 3359, and cases arising under the enforcement reforms of the Illegal Immigration Reform and Immigrant Responsibility Act, Pub. Where the circumstances warrant, the Assistant Attorney General, Civil Division, may delegate to United States Attorney's pursuant to section 4(b), Civil Division Directive No. United States Attorneys may compromise any case redelegated under section 4(b) in which the gross amount of the original claim does not exceed $5,000,000, so long as the difference between the gross amount of the original claim and the proposed settlement does not exceed $1,000,000. United States Attorney's should be particularly alert to report to the Civil Division all claims involving fraud against the government that are not within the United States Attorneys' original authority, and all claims involving bribery, and the conversion of government property. Records of the agency relevant to the case can best be assembled and certifications obtained by agency counsel. The litigation not handled by United States Attorney's is assigned primarily to components within the Civil Division, subject to the supervision and direction of the Assistant Attorney General. Senior Appellate Counsels: Freddi Lipstein; Alfred R. [updated October 2016] All functions and responsibilities formerly assigned to the Consumer Affairs Staff of the Antitrust Division, including responsibility for criminal cases (48 Fed. 9522 (1983)), are now the responsibility of the Civil Division's Office of Consumer Litigation. Also, when constitutional questions or other significant issues arise in the course of such litigation, or when an appeal is taken by any party, the Civil Division must be consulted. 17456 (1995), suit authority for any claims or suits where the gross amount of the original claim does not exceed $5 million, upon the recommendation of branch, office, or staff directors. Such powers as other officials of the government had theretofore with respect to litigation were withdrawn by E. 6166, June 10, 1933, leaving the Attorney General with complete authority. Agency personnel are in the best position to know or learn the facts involved in a case arising in connection with the activities of their agency as well as to have familiarity with agency practices, statutes, and regulations. 2 and provides that "[a]ll functions of other officers of the Department of Justice and all functions of agencies and employees of the Department of Justice are vested in the Attorney General." The Attorney General has delegated to the Assistant Attorney General for the Civil Division authority for the conduct, handling or supervision of the matters catalogued at 28 C. The Federal Programs Branch represents the United States, its agencies and officials in a broad range of litigation involving the constitutionality of federal statutes and the administration of statutory and other federal programs by federal agencies. An action in a state or federal court, to which neither the United States nor one of its officers or agencies is a party, may involve an issue affecting the interests of the United States. If an amicus brief is filed, the Civil Division will forward a copy of the brief to the United States Attorney in the district in which the suit is pending. Requests for international judicial assistance are executed either on the basis of treaty obligations assumed by the United States ( e.g., the Convention between the United States and other Governments on the Taking of Evidence Abroad in Civil and Commercial Matters, TIAS 7444, ) or on the basis of international comity and courtesy. Most non-fraud claims normally should be processed for collection by the administrative agency involved, pursuant to the Debt Collection Act, 31 U. An agency may be called upon to make certifications to the court regarding its continuing efforts in this regard. § 509, which is of continuing effectiveness, parallels the language of Reorganization Plan No. Commercial Litigation Branch attorneys handle all commercial litigation in the United States Court of Federal Claims, the United States Court of Appeals for the Federal Circuit, and the United States Court of International Trade. United States Attorney's are requested to aid such attorneys in obtaining office space, stenographic facilities, and related assistance on request, when this is feasible. United States Attorney's are requested to notify the Civil Division promptly whenever they learn of such cases. [cited in Civil Resource Manual 69] Section 1782 of Title 28 authorizes the United States district court for the district in which a person resides or is found to order such person to give his/her testimony or to produce documents or other things for use in a proceeding in a foreign or international tribunal. In addition to processing evidence requests, the Office of Foreign Litigation also performs the functions of the "Central Authority" under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Cases, TIAS 6638, and the Inter-American Convention on Letters Rogatory, United States Attorney's are requested to report any infringement of, or dereliction with respect to, the property or other interest of the United States warranting the institution of civil proceedings, when such matters have not been referred for handling. Close and frequent coordination between DOJ and agency counsel is necessary to ensure proper identification, preservation, search, collection, and production of relevant data. Unless DOJ indicates otherwise, the litigation report should include all the information necessary for the "initial disclosures" required by Fed. [new March 2016] Agency counsel has primary responsibility throughout the course of the litigation to investigate the facts, draft responses to interrogatories, provide written responses to requests for admissions, and provide draft written responses to requests for production of documents, and if appropriate, provide information that may limit the scope of discovery permitted against the agency on proportionality grounds. DOJ will make legal objections; negotiate protective orders, claw-back agreements, and Fed. The agency shall timely provide all documents responsive to any discovery request, including any privileged documents, along with all information required to show the applicability of any privilege it suggests should be asserted. There can be more than one agency representative for these purposes, depending on the circumstances. Most of the defensive litigation seeks injunctive or declaratory relief. The agency shall provide a timely litigation report that, in addition to the draft answer, provides details of the events alleged in the complaint and identifies any relevant statutes, regulations, or agency policies or procedures that might affect the course of litigation. Copies of any litigation reports should also be furnished to any USAO or DOJ Civil Division component that requests them. 26(g) and to confirm, in writing if requested, that every response is accurate and complete. 502(d) orders where appropriate; edit the draft discovery responses; and serve and file appropriate responses. Similarly, if requested, the agency will sign the final version of the responses to the requests for admissions, any document request certifications, or declarations and affidavits. Bell, "The Attorney General: The Federal Government's Chief Lawyer and Chief Litigator, Or One Among Many? The Division generally has no individual files on delegated cases. 1049 (1978); Key, "The Legal Work of the Federal Government," 25 Va. Also, with regard to qui tam False Claims Act cases, the Fraud Section of the Commercial Litigation Branch should be notified of (1) a decision whether the government has intervened, or declined to intervene, in the case, (2) any legal or procedural issues that arise concerning the qui tam provisions, (3) settlement proposals by the parties and (4) the resolution of the case.

,000,000. United States Attorney's should be particularly alert to report to the Civil Division all claims involving fraud against the government that are not within the United States Attorneys' original authority, and all claims involving bribery, and the conversion of government property. Records of the agency relevant to the case can best be assembled and certifications obtained by agency counsel. The litigation not handled by United States Attorney's is assigned primarily to components within the Civil Division, subject to the supervision and direction of the Assistant Attorney General. Senior Appellate Counsels: Freddi Lipstein; Alfred R. [updated October 2016] All functions and responsibilities formerly assigned to the Consumer Affairs Staff of the Antitrust Division, including responsibility for criminal cases (48 Fed. 9522 (1983)), are now the responsibility of the Civil Division's Office of Consumer Litigation. Also, when constitutional questions or other significant issues arise in the course of such litigation, or when an appeal is taken by any party, the Civil Division must be consulted. 17456 (1995), suit authority for any claims or suits where the gross amount of the original claim does not exceed million, upon the recommendation of branch, office, or staff directors. Such powers as other officials of the government had theretofore with respect to litigation were withdrawn by E. 6166, June 10, 1933, leaving the Attorney General with complete authority. Agency personnel are in the best position to know or learn the facts involved in a case arising in connection with the activities of their agency as well as to have familiarity with agency practices, statutes, and regulations. 2 and provides that "[a]ll functions of other officers of the Department of Justice and all functions of agencies and employees of the Department of Justice are vested in the Attorney General." The Attorney General has delegated to the Assistant Attorney General for the Civil Division authority for the conduct, handling or supervision of the matters catalogued at 28 C. The Federal Programs Branch represents the United States, its agencies and officials in a broad range of litigation involving the constitutionality of federal statutes and the administration of statutory and other federal programs by federal agencies. An action in a state or federal court, to which neither the United States nor one of its officers or agencies is a party, may involve an issue affecting the interests of the United States. If an amicus brief is filed, the Civil Division will forward a copy of the brief to the United States Attorney in the district in which the suit is pending. Requests for international judicial assistance are executed either on the basis of treaty obligations assumed by the United States ( e.g., the Convention between the United States and other Governments on the Taking of Evidence Abroad in Civil and Commercial Matters, TIAS 7444, ) or on the basis of international comity and courtesy. Most non-fraud claims normally should be processed for collection by the administrative agency involved, pursuant to the Debt Collection Act, 31 U. An agency may be called upon to make certifications to the court regarding its continuing efforts in this regard. § 509, which is of continuing effectiveness, parallels the language of Reorganization Plan No. Commercial Litigation Branch attorneys handle all commercial litigation in the United States Court of Federal Claims, the United States Court of Appeals for the Federal Circuit, and the United States Court of International Trade. United States Attorney's are requested to aid such attorneys in obtaining office space, stenographic facilities, and related assistance on request, when this is feasible. United States Attorney's are requested to notify the Civil Division promptly whenever they learn of such cases. [cited in Civil Resource Manual 69] Section 1782 of Title 28 authorizes the United States district court for the district in which a person resides or is found to order such person to give his/her testimony or to produce documents or other things for use in a proceeding in a foreign or international tribunal. In addition to processing evidence requests, the Office of Foreign Litigation also performs the functions of the "Central Authority" under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Cases, TIAS 6638, and the Inter-American Convention on Letters Rogatory, United States Attorney's are requested to report any infringement of, or dereliction with respect to, the property or other interest of the United States warranting the institution of civil proceedings, when such matters have not been referred for handling. Close and frequent coordination between DOJ and agency counsel is necessary to ensure proper identification, preservation, search, collection, and production of relevant data. Unless DOJ indicates otherwise, the litigation report should include all the information necessary for the "initial disclosures" required by Fed. [new March 2016] Agency counsel has primary responsibility throughout the course of the litigation to investigate the facts, draft responses to interrogatories, provide written responses to requests for admissions, and provide draft written responses to requests for production of documents, and if appropriate, provide information that may limit the scope of discovery permitted against the agency on proportionality grounds. DOJ will make legal objections; negotiate protective orders, claw-back agreements, and Fed. The agency shall timely provide all documents responsive to any discovery request, including any privileged documents, along with all information required to show the applicability of any privilege it suggests should be asserted. There can be more than one agency representative for these purposes, depending on the circumstances. Most of the defensive litigation seeks injunctive or declaratory relief. The agency shall provide a timely litigation report that, in addition to the draft answer, provides details of the events alleged in the complaint and identifies any relevant statutes, regulations, or agency policies or procedures that might affect the course of litigation. Copies of any litigation reports should also be furnished to any USAO or DOJ Civil Division component that requests them. 26(g) and to confirm, in writing if requested, that every response is accurate and complete. 502(d) orders where appropriate; edit the draft discovery responses; and serve and file appropriate responses. Similarly, if requested, the agency will sign the final version of the responses to the requests for admissions, any document request certifications, or declarations and affidavits. Bell, "The Attorney General: The Federal Government's Chief Lawyer and Chief Litigator, Or One Among Many? The Division generally has no individual files on delegated cases. 1049 (1978); Key, "The Legal Work of the Federal Government," 25 Va. Also, with regard to qui tam False Claims Act cases, the Fraud Section of the Commercial Litigation Branch should be notified of (1) a decision whether the government has intervened, or declined to intervene, in the case, (2) any legal or procedural issues that arise concerning the qui tam provisions, (3) settlement proposals by the parties and (4) the resolution of the case.

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