Policy——Concurrent Federal-State Jurisdiction

In any matter which is a violation of 29 U.S.C. § 501(c) or 18 U.S.C. § 664 as well as a violation of state criminal law, the United States Attorney (USA) is authorized to determine after investigation whether the matter should be referred to local authorities for prosecution or whether it warrants federal prosecution. When such matters are referred to local authorities, the Federal Bureau of Investigation or the United States Department of Labor should be advised of the referral and requested to determine the status of the local prosecution 90 days after referral. In the event local authorities decline to take action upon the referral, the USA should reconsider whether federal prosecution is warranted and advise the FBI or DOL of its final decision.

[updated January 2020]