Multiple District Investigations and Prosecutions

Multiple district investigations are investigations in which either (1) the target commits the criminal conduct in more than one district or (2) there are multiple targets who may be located in different districts. An example of the first type of investigation is an individual who coerces victims in multiple states to produce and send him sexually explicit images and, therefore, is subject to prosecution in every district where a victim is located. An example of the second type of investigation is that of a child exploitation enterprise engaged in advertising, distributing, and receiving child pornography over the Internet, where the targets are located in many different districts.

All districts implicated in a multiple district investigation shall consult with each other to determine how best to proceed. Coordination with the Child Exploitation and Obscenity Coordinator in each district is encouraged. Generally, multiple prosecutions are not favored. See JM 9-2.031 for policies relating to multiple prosecutions. In deciding in which district(s) to initiate charges or enter into a global plea agreement with the defendant(s), the following factors should be considered: (1) which district initiated the investigation; (2) the resources devoted by the district to the investigation; (3) where the most serious offense was committed, (4) where the most harm was caused, (5) residence of witnesses, (6) residences of victims, (7) location of evidence, and (8) applicable law. Consistent with the Attorney General’s Guidelines for Victim and Witness Assistance, restitution should be considered early in the investigation and throughout the prosecution.

In multi-district investigations that are likely to generate leads and prosecutions in numerous districts (but are not national investigations under JM 9-75.110 involving more than 15 districts), USAOs should notify CEOS as early as possible in the investigative stage to permit coordination and early resolution of venue issues, if any.