Bulletin - U.S. Department of Justice · 2010. 10. 12. · US Department of Justice Executive...

US Department of JusticeExecutive Office for United States Attorneys--United States

Attorneys Bulletin

Published by

Executive Office for United States Attorneys Washington D.C

For the use of all U.S Department of Justice Attorneys

VOL 29 MARCH 27 1981 NO


TABLE OF CONTENTS

Page

COMMENDATIONS 205

Points to Remember

Use of The Bank Target Exception to Reduce

Reimbursement Obligations Under the Financial

Privacy Act209

Use of Grand Jury Agents to Search for and Copy

Financial Records 210

In re Grand Jury Proceedings210

CASENOTES

Civil Division

Bank Holding Companies Bank Holding Company Act

GlassSteagall Act Supreme Court Upholds FederalReserve Board Regulation Permitting Bank Holding

Companies to Sponsor ClosedEnd Investment

CompaniesBoard of Governors Investment Co Institute 211

State Usery Laws Monetary Control Act CommerceClause Arkansas Supreme Court Granted Rehearing

Reversed Itself and Upheld the Challenged MortgageEllis Mclnnis Cooper Communities Inc 211

Attorneys Fees 42 U.S.C 1988 Sovereign ImmunityFifth Circuit Rules that Civil Rights Attorneys

Fees Awards Act Does not Allow Fee Awards Against

the Federal Government

Knights of the Ku Klux Klan etc East Baton RougeParrish School Board et al 212

Statute of Limitations Accrual of Cause of Action

Eighth Circuit Rules that Governments Right of

Action for Medicare Overpayments Accrues When Final

Determination of Providers Liability is MadeRather Than When the Providers Cost Reports are

Audited

United States Gravette Manor Homes Inc et al 213

Land and Natural Resources Division

National Environmental Policy Act EIS Ruled AdequateConcerned Citizens On 1190 Secretary of Transportation 215

Dredge and Fill Permits Require Strict Compliance

United States King Fisher Marine Service Inc 216


Page

National Environmental Policy Act InjunctionDenied Agency Properly Concluded that ReplacementBridge Could be Built Without Preparation of EISSierra Club Hassell 216

National Environmental Policy Act Adequacy ofEIS Sustained

Piedmont Heights Civic Club Moreland 217

Condemnation Exclusion of HydrologicalEvidence in Flowage Easement Case Sustained

United States 280.74 Acres in Cabell and

Wayne Counties Va Bernard Smith Beech Fork Lake 218

SELECTED CONGRESSIONAL AND LEGISLATIVE ACTIVITIES 219

APPENDIX FEDERAL RULES OF CRIMINAL PROCEDURE 223This page should be placed on permanent

file by Rule in each United StatesAttorneys office library

ADDENDUM U.S ATTORNEYS MANUALBLUESHEETS 225U.S ATTORNEYS MANUALTRANSMITTALS 237

205


COMMENDATION

Assistant United States Attorney BILL BARNETT Northern District of

Alabama has been commended by Mr William Webster Director of the FBIMr Barnetts highly skillful prosecution of Tombrello Wright and Watsonin connection with matter of grave concern not only to the FBI but also

to the Bureau of Alcohol Tobacco and Firearms and local law enforcement

authorities was greatly appreciated Mr Barnetts total dedication and

professional manner were largely responsiblie for the success achieved and

reflect favorably on the criminal justice system

Assistant United States Attorney JIM BOCK Western District of Texas has

been commended by Mr Robert Sawyer Chief of the Criminal InvestigationDivision for the consistently outstanding and professional job done in

prosecuting Austin District income tax cases Jim successfully prosecuted

the Glen Sutherland and Gilbert Russell cases El Paso Texas Both cases

had problematic issues and number of key witnesses hostile to the Govern

ment Mr. Barnetts efforts and cooperation have been invaluable to the

Criminal Investigation Division of the Austin District

Assistant United States Attorneys SANDRA CHERRY and ROBERT GOVAR Eastern

District of Arkansas have been commended by Mr Kenneth Auberger DeputyGovernor and Chief Examiner for the professional manner in which they

handled the case United States Forrest Griswood Conviction of Farm

Credit system employees who violate the law is vital in retaining the

integrity of the system and puts others on notice that such activities will

not be condoned and can and will be successfully prosecuted

Assistant United States Attorney JON COOPER District of Arizona has

been commended by Mr Robert Eyman Special Agent in Charge Mr Cooperdisplayed high professionalism in his handling of the prosecution of Jose

Luis Munoz in Laredo Texas for possession of heroin for distribution and

conspiracy to distribute two pounds six ounces of heroin which resulted in

obtaining guilty verdict in Federal District Court Laredo Texas and

the subsequent incarceration of Munoz During the investigation Munoz was

Captain of the Webb County Texas Sheriffs Office in charge of the

Narcotics Bureau

Assistant United States Attorney MARTIN CRANDALL Eastern District of

Michigan has been commended by Mr Harvey Nelson Regional Director forhis cooperation and invaluable assistance in the successful prosecutions in

the cases of United States Meinke Fisheries United States Northwest

Fish Company United States Standard Fish Company and United States

Reynolds Fish Company As result of the professionalism and thoroughness

exhibited by Mr Crandall in handling these cases fines were levied infederal court in the amount of $35600 very substantial fines when consid

ering that the applicable statute 16 USC 852 is misdemeanor offense

punishable by maximum of $200 per count

206


Assistant United States Attorney NANCY FRIEDMAN Southern District of

New York has been commended by Robert Levy M.D Director of theNational Heart Lung and Blood Institute Ms Friedman represented theInstitute in respect to litigation protesting the award of Government

contract She enabled the Institute to maintain an appropriate perspec

tive in the face of series of ugly allegations and at times personal

abuse directed at the staff during the past eighteen months Over this

period of time many documents were prepared by the staff in consultation

with Ms Friedman She has the ability to express herself clearly and

concisely and as result the effectiveness of the staff was enhanced

Assistant United States Attorney TERRY HARN Central District of Illi

nois has been commended by Mr Robert Davenport Special Agent in

Charge for his outstanding efforts in the prosecution of Ralph

Brubaker As result of Mr Hams impressive and persuasive presentationat the sentencing Mr Brubaker received sentence of 10 years imprisonment and was fined $15000

Assistant United States Attorney FRED MARTIN Middle District of Pennsyl

vania has been commended by Mr Shivers Manager Metals DivisionUNICOR Through Mr Martins methodical and thorough approach to the

Sasko case guilty verdicts were handed down in this criminal case

Assistant United States Attorneys FREDERICK MCDONALD and LOUISE LARK

HILL Northern District of Ohio have been commended by Mr HarveyNelson Regional Director As result of the professionalism thorough

ness and successful prosecution exhibited by Mr McDonald and by Ms Hillin handling the cases of United States Port Clinton Fisheries United

States Zemski United States Anthony Demore Seafood Company

and United States Tank Fish Company fines were levied in federal court

in the amount of $20000 very substantial fines when considering thatthe applicable statute 16 USC 852 is misdemanor offense punishable by

maximum fine of $200 per count

Assistant United States Attorney JOSEPH MCGOVERN District of Massachu

setts has been commended by Mr Robert Evans Chief Appraiser SleepingBear Dunes One case of particular significance was the case of TheHeirs of Day National Park Service This case as presented byMr McGovern was upheld by the Appellate Court and as result at leastone million dollars of the taxpayers money was saved by Mr McGovernsresearch and trial efforts

Assistant United States Attorney JOHN MURPHY Western District of Texashas been commended by Mr Charles Carter Special Agent in ChargeThrough Mr Murphys professional aggressiveness in prosecuting narcoticviolators Antonio Castillo was found guilty of all counts along with

the arrest of defendants and the seizure of approximately 12 ounces of

cocaine

207


Assistant United States Attorneys ROBERT NEIGHBORSand RICHARD PENCE

Eastern District of Arkansas have been commended byMr John Mobley

Inspector in Charge Certificate of Appreciationis given by the Postal

Service to honor individuals for their contributions to thebetterment of

the Postal Service and who have provided efforts substantially beyondthat

called for by their positions Both Mr Neighbors and Mr Pence have

been presented with this certificate for theirefforts in the successful

conclusion of the Edward VanNorton case This case involvedthe theft

from the mail of $78000 in currency

Assistant United States Attorney SHELLEY STUMP District of South Dakota

has been commended by Mr Jack Hanthorn Regional Attorney Through Ms

Stumps excellent and thorough legal work favorable decision wasobtained

in the case of Wayne Besler et al United States Department of Agricul

ture et al C.A No 801435 by the Eighth Circuit

Assistant United States Attorney JAMES WALKERMiddle District of Pennsyl

vania has been commended by Mr Paul Elkind AssistantGeneral Counsel

for Contempt Litigation Mr Walkers invaluable advice and assistancein

the case of National Labor Relations Board Sally Lyn Fashions Inc et

al was sincerely appreciated

Assistant United States Attorney BRADLEY WILLIAMS SouthernDistrict of

Indiana has been commended by Mr Donald Trull Regional Administrator

Mr Williams depth of preparation and knowledge exhibited resulted In

favorable resolution in the case of Sierra Club et al Drew Lewis et

al

Assistant United States Attorney THEODORE WAI WU Central District of

California has been commended by Mr John Keeney Acting Assistant

Attorney General Criminal Division Mr Wus outstanding performanceresulted in obtaining favorable verdicts in United States

Edler Indus

tries Inc et al and United States Spawr Optical Research Inc etal which involved jury trials of violations under the munitions andstrategic export control laws

209


EXECUTIVE OFFICE FOR U.S ATTORNEYSWilliam Tyson Acting Director

POINTS TO REMEMBER

Use Of The Bank Target Exception To Reduce Reimbursement ObligationsUnder The Financial Privacy Act

The reimbursement provision of the Right To Financial PrivacyAct of 1978 12 U.S.C 3415 generally requires the Department toreimburse covered financial institutions for costs incurred bythem in searching for and reproducing protected financial recordsThis provision is generally applicable when access is soughtpursuantto grand jury subpoena See 12 U.S.C 3413i In

recent case however the U.S Court of Appeals for the FifthCircuit held that no reimbursement is required when the financialinstitution in possession of the records sought is itself thetarget of the investigation because of the overriding applicabilityof the bank target exception of the Financial Privacy Act 12 U.S.C3413h In re Grand Jury Proceedings 636 F.2d 81 84865th Cir 1981 per curiarn

It should be noted that the bank target exception alsoprovides special mechanism for obtaining customers financialrecords if they are sought pursuant to an investigation directedat someone or some entity other than the customer no reimbursementis required when using this exception For example in anembezzlement investigation government agents may obtain accessto records pertaining to bank accounts of the victims under theexception because the target of the investigation is bank officeror employee and not the customer There are however specialrestrictions upon use of records obtained pursuant to the banktarget exception found at 12 U.S.C 3413h

To the extent that records can be obtained pursuant to thisexception it should be utilized The only paperwork requiredunder the exception is Certificate of Compliance DOJ Form-461certifying that the exception applies If financial institutionrefuses to produce records voluntarily in this way the recordscan be obtained pursuant to grand jury subpoena or other compulsoryprocess However no reimbursement should be paid in such an eventas the records are properly obtained pursuant to the bank targetexception regardless of whether such additional coercive process isutilized See In re Grand Jury Proceedings supra 636 F.2d at 85-86

Criminal Division

210


Use Of Grand Jury Agents To Search For And Copy Financial Records

The use of grand jury agents to search for and reproducefinancial records sought pursuant to grand jury subpoena is

desirable when there is reason to believe that reliance upon bank

personnel for such search and copying activities would result insubstantial delay to an ongoing grand jury investigationinaccurate or incomplete compliance with the subpoena orsubstantial financial obligations under the reimbursement

provision of the Right To Financial Privacy Act of 1978 12 U.S.C3415

Until recently the only judicial authority for use of

grand jury agents to assist in searching for and copying grand

jury subpoenaed records covered by the Financial Privacy Act was

an unpublished district court opinion The U.S Court of Appealsfor the Fifth Circuit has now held however that agents of the

grand jury may help retrieve and copy financial records subpoenaed

by the grand jury The court held In pertinent part

Because the .To Financial Privacy Actexempts disclosure pursuant to grand jury

subpoena from the notice and challenge provisions of the Act as well as the civil penaltysections the banks argument that it couldnot accept the governments offer to have

agents of the grand jury examine the recordsfor fear of violating the Act is groundlessThe order of the district court carefullycircumscribed the authority of the grand jury

agents

In re Grand Jury Proceedings 636 F.2d 81 86 5th Cir 1981per curiam

Thus grand jury agents may assist in locating and copying

bank records encompassed by grand jury subpoena at least in those

situations where court order has been obtained limiting the

activities of the agents If such court order is sought the

following language circumscribing the grand jury agents is suggested

In searching for and reproducing financialrecords encompassed by the grand jury subpoenasuch agents shall not reproduce summarize orotherwise copy any financial record except for

those records described in the subpoena and

shall not disclose or divulge any record describedin the subpoena except as authorized by 12 U.S.C3420 or Rule 6e of the Federal Rules ofCriminal Procedure

Criminal Division

211


CIVIL DIVISION

Acting Assistant Attorney General Thomas Martin

Board of Governors Investment Co Institute Sup CtNo 79927 February 24 l981 D.J 14510598

BANK HOLDING COMPANIES BANK HOLDING COMPANY ACT GLASS-STEAGALL ACT SUPREME COURTUPHOLDS FEDERAL RESERVE BOARD REGULATIONPERMITTING BANK HOLDING COMPANIES TO SPONSORCLOSED-END INVESTMENT COMPANIES

By regulation the Federal Reserve Board has authorizedbank holding companies to sponsor closedend but not openendinvestment companies Closedend investment companies buysecurities for the benefit of their investors but unlike

openend funds the ordinary mutual funds the closedend fundsdo not stand ready to redeem their shares at market value AnassocIation of mutual funds challenged the Boards regulationon the grounds that the securities activities it permits are not

closely related to banking as required by the Bank HoldingCompany Act and also violate the Glass-Steagall Act whichgenerally requires the separation of banking from the securitiesbusiness The Supreme Court with three Justices not participating has just upheld the Boards regulation The Court heldthat the activity permitted did not differ significantly frombanks traditional fiduciary services and did not conflict withthe carefully drawn prohibitions of the Glass-Steagall Act

Attorney Anthony Steinmeyer Civil DivisionFTS 6333388

Ellis Mclnnis Cooper Communities Inc Sup Ct ArkNo 80254 February 23 1981 D.J 14501097

STATE USERY LAWS MONETARY CONTROL ACT COMMERCE CLAUSE ARKANSAS SUPREME COURT GRANTEDREHEARING REVERSED ITSELF AND UPHELD THECHALLENGED MORTGAGE

Under the Depository Institutions Deregulation and MonetaryControl Act of 1980 Congress rendered state usery laws inapplicable to inter alia mortgages made by creditors who lendresidential real estate funds in excess of $1000000 yearThe Act further provides that states may override the federal

usery law suspension by express legislative enactment orreferendum after the effective date of the Act In this appealfrom trial court ruling in favor of qualified lender whoadvanced mortgage money at rate above the 10% Arkansas usury

212


limit which had not been reimposed after the Act the SupremeCourt of Arkansas declared the Acts usury suspension provisionan unconstitutional exercise of Congress legislative powerunder the Commerce Clause on the theory that by permitting thestates to unilaterally restore their interest ceilings Congresshad abdicated its own prerogative to regulate credit transactions In our petition for rehearing we argued that whileCongress could surely have preempted the entire field pursuant toits Commerce Clause power its decision to accoimodate thosestates strongly committed to interest ceilings accords completelywith settled principles of concurrent federal/state jurisdictionreflected in U.S Supreme Court decisions and in earlier legislation The Arkansas Supreme Court granted rehearing reverseditself and upheld the challenged mortgage

Attorney Marilyn Urwitz Civil DivisionFTS 6335684

Knights of the Ku Klux Klan etc East Baton Rouge ParrishSchool Board et al C.A No 791780 February 23 1981D.J 14516882

ATTORNEYS FEES 42 U.S.C 1988 SOVEREIGNIMMUNITY FIFTH CIRCUIT RULES THAT CIVILRIGHTS ATTORNEYS FEES AWARDS ACT DOES NOTALLOW FEE AWARDS AGAINST THE FEDERAL GOVERNMENT

The Fifth Circuit has reversed fee award entered againstthe United States under the 1976 Civil Rights Attorneys FeesAwards Act 42 U.S.C 1988 The court in 21 decisionaccepted our argument that the Act does not waive federal sovereign immunity for fee awards because it neither contains theexpress language necessary to such waiver nor is the waiverof sovereign immunity necessarily implied by the statutory schemeor the legislative history In so concluding the Fifth Circuitjoins the D.C and Third Circuits in refusing to apply 1988 tocivil rights suits brought against the federal government

Attorney Wendy Keats Civil DivisionFTS 6335459

213


U.S Gravette Manor Homes Inc et al C.A No 80-1442February 27 1981 D.J 7010148

STATUTE OF LIMITATIONS ACCRUAL OF CAUSEOF ACTION EIGHTH CIRCUIT RULES THAT GOVERNMENTS RIGHT OF ACTION FOR MEDICARE OVERPAYMENTS ACCRUES WHEN FINAL DETERMINATION OFPROVIDERS LIABILITY IS MADE RATHER THANWHEN THE PROVIDERS COST REPORTS ARE AUDITED

The United States filed suit under 28 U.S.C 1345 torecover overpayments to two Medicare providers The facts werestipulated and on crossmotions for summary judgment the trialcourt ruled that all but one of the governments claims werebarred by the six-year statute of limitations in 28 U.S.C2415a The court of appeals reversed

Defendants argued that the governments cause of action forMedicare overpaylnents accrues when the fiscal intermediarycompletes its initial audit of providers annual cost reportwhtch puts the government on notice that an overpayment may havebeen made for particular year The court of appeals howeverruled that the amount of the overpayment or underpayment is notdetermined until an audit is made and the final liability of theprogram is determined in accordance with 42 C.F.R405.454f which is not necessarily the same date the auditis completed but may well occur as we argued at later dateafter the appropriate reimbursement formulas are applied to theraw audit figures and adjustments are made from other costyears Only then does the government know whether indeed thereis any debt owed by the provider and therefore only then doesthe governments cause of action accrue

Attorneys Patricia Reeves Formerly of theAppellate Staff Civil Division

Wendy Keats Civil DivisionFTS 6335459

215


LAND AND NATURAL RESOURCES DIVISION

Acting Assistant Attorney General Anthony Liotta

Concerned Citizens On 1-190 Secretary of Transportation

____ F.2d ____ No 801498 1st Cir February 1980DJ 90-1-4-7061

National Environmental Policy Act EIS ruledadequate

This case involves the construction of 19 miles offederally-funded interstate highway in Massachusetts 9.9

miles of which goes through the Wachusett Reservoir Watershedman-made reservoir which supplies major portion of Bostons

drinking water Plaintiffs initiated lawsuit in 1974after the issuance of final EIS for this project but didnot pursue their claims until January 1980 They raisedthree-pronged attack an inadequate discussion in the EISof the projects impact on Bostons drinking water inadequatepublic hearings and an inadequate determination whether theproject passed through significant publicly-owned recreationland The district court denied plaintiffs request forpreliminary injunction The appellate court affirmed Itheld that the EIS adequately disclosed the potential damagesto Bostons water and concluded that the agencys findings inthe EIS were not arbitrary and capricious As to secondaryimpacts from the project the court found that the EISs discussion which treated these impacts as too remote and speculative to discuss in detail was sufficient to allow itsreaders to understand and consider meaningfully the factorsinvolved Further the court held that subsequent changes inthe project which enhanced mitigation measures as well aschanges in legislation and regulations did not requiresupplemental EIS The court also concluded that the hearingshad adequately discussed the danger to drinking water Aswell the Secretarys determination that no significantpublicly-owned recreation land was involved was not procedurally inadequate because the Secretary had relied upon theconclusionof local commission to that effect Although notholding plaintiffs barred by laches the court indicated itmay be appropriate where as here relevant decisions on theproject have been made and substantial irrevocable work hasbeen completed

216


Attorneys Assistant United States AttorneyCharles Mohn Mass JamesKilbourne and Anne Almy Landand Natural Resources DivisionFTS 633-4426/4427

United States King Fisher Marine Service Inc ____ F.2d____ No 80-1379 5th Cir Unit February 20 1980 DJ62-79-319

Dredge and fill permits require strict compliance

By not-for-publication curiam opinion the FifthCircuit ruled that dredge-and-fill permits issued by theCorps under CWA Section 404 and Section 10 of the Rivers andHarbors Act require strict compliance The U.S had chargedviolation of permit terms governing location and depth ofdredging but proved to the district courts satisfactionnot clearly erroneous only that King Fisher had deliberatelydredged to greater depth The district judge held thatKing Fisher had not substantially violate its permitand entered judgment for the permittee The court of appealsreversed and remanded for determination of appropriaterelief We are seeking publication

Attorneys Martin Matzen and Anne

Almy Land and Natural ResourcesDivision FTS 633-2850/4420

Sierra Club Hassell ____ F.2d ____ No 80-7565 5th CirFebruary 13 1981 DJ 90-1-4-2160

National Environmental Poilicy Act Injunction deniedAgency properly concluded that replacement bridge could be builtwithout preparation of EIS

The only bridge connecting barrier island offthe Alabama coast to the mainland was destroyed by hurricaneThe FHWA and Congress concluded with little delay to provideemergency funds to build new bridge along the same alignmentThe FHWA and the Coast Guard both determined that no environmental impact statement was necessary because the new bridgewould be so similar in function and location to the oldbridge as to result in no new significant impact on theenvironment The plaintiffs suit challenged the action as

violation of NEPA as well as EQs 11988 and 11990 federal

217


projects in flood plains and wetlands The court of appealsaffirmed the district courts denial of injunctive reliefThe court ruled the agencies reasonably determined that the

status for NEPA purposes was the island with the bridgenot the island without the bridge as the plaintiffs contendedThe court also held that the agencies had not violated

their own regulations or the EOs even though written findingsof no significant impact were never made

Attorneys James Leape Jerry JacksonPeter Steenland Jr Land andNatural Resources Division FTS6334426/2748

Piedmont Heights Civic Club Moreland ____ F.2d ____ No80-7414 5th Cir February 20 1981 DJ 90-1-4-2049

National Environmental Policy Act adequacy of EISsustained

The district court denied preliminary injunction

in NEPA challenge to several highway improvement projectsin Atlanta The projects were pursuant to regional development plan required by the FHWA UMTA regulations The

court of appeals ruled that mass transit system whose

construction is already in progress need not be discussed as

an alternative Instead such system as well as other

proposed or approved elements of the regional development

plan need only be considered as part of the background inindividual EISs on specific projects Similarly if each

project has separate utility it may be discussed in separateEIS without violating the rule against segmentation particularlywhere all of the elements of the regional development plantwere included in the data base for evaluating the impactssuch as noise traffic air quality of each project Thecourt rejected the challenge to the methods by which the

EISs predicted and evaluated need The court also approved inclusion of new information in the final EIS without the necessityfor supplemental EIS or revision and recirculation of the

draft EIS

Attorneys Assistant United States AttorneyCurtis Anderson N.D Ga JerryJackson and Robert KlarquistLand and Natural Resources DivisionFTS 633-2772/2731

218


United States 280.74 Acres in Cabell and Wayne CountiesW.Va Bernard Smith Beech Fork Lake ____ F.2d ____ No78-1096 4th Cir February 23 1981 DJ 33-50-234-102

Condemnation Exclusion of Hydrological Evidencein flowage easement case sustained

In the course of jury trial to determine just

compensation for flowage easement the district judgerefused to allow testimony by government hydrologist asirrelevant and immaterial The offer of proof showed thehydrologist would have testified that the expected frequency of

flooding was once every 200 years Although only .31 acres of.98-acre tract was involved the juryt award amounted to

70% of the value the landowner assigned to her entire improvedproperty Despite Fourth Circuit case squarely holding iterroneous to exclude such testimony the court of appeals unpublished curiatn decision simply affirmed on the groundsthat there was no miscarriage of justice or real prejudice tothe government We are recommending that rehearing en bancbe sought

Attorneys Assistant United States AttorneyMichael Carey Va MartinMatzen and Jacques Gelin Landand Natural Resources DivisionFTS 633-2774/2762

219


OFFICE OF LEGISLATIVE AFFAIRSActing Assistant Attorney General Michael Dolan

SELECTED CONGRESSIONAL AND LEGISLATIVE ACTIVITIES

MARCH 1981 MARCH 18 1981

DOJ Authorization On March 11 the Attorney Generaland the Deputy Attorney General testified before the House

Judiciary Committee on the FY 1982 Authorization request ofthe Department Several committee members expressed concernregarding proposed budget cuts for INS and DEA and theelimination of the U.S Trustees program The members indicatedthat they would scrutinize those particular proposals veryclosely in forthcoming subcommittee hearings With regard tothe INS the Attorney General was careful not to rule out thepossibility of future requests for increased funding to

implement recommendations of the Presidential Task Force toreview the work of the Select Commission on Immigration and

Refugee Policy

number of members also praised the Attorney General for

the creation of the Violent Crime Task Force and asked if therecommendations of the Task Force would include initiatives

requiring increased funding The Attorney General indicatedthat such recommendations could come out of the second phaseof the Task Forces work

Other issues that were touched on are as followsreorganization of the Department Chairman Rodino feared thewar against crime would be downgraded by giving the AssociateAttorney General primary responsibility in that area theresurrection of LEAAtype aid to state and local law enforcanentin some limited form Representatives McClory and Hughes wereparticularly interested in this possible increase in thefederal prison population as result of any new initiatives

against violent crime raised by Representatives Kastenmeierand Railsback concern about the ultimate disposition of theimmigration status of 1700 Cuban refugees incarcerated in thefederal penitentiary at Atlanta Representatives Butler McCloryand McCollum the need for increased federal debt collectionefforts Representative Danielson Voting Rights Act amendmentsto reduce DOJ preclearances of local government policies

Representative Hyde purportedly disproportinate resourcesfor the Nazi War Criminals Unit Representative Sawyerproposed changes in Executive Order 12036 the basic frameworkfor all intelligence activities which would allegedly downgradethe role of the Attorney General in scrutinizing intelligenceactivities from legal point of view Representative Edwardsregulatory reform particularly the Departments position onlegislative veto devices and Bumpers amendments on judicial

220


review of agency determinations Representative Mooreheadthe reputed failure of new DOJ/FBI guidelines on parentalkidnapping cases to carry out the Congressional intent expressedin legislation enacted in the 96th Congress RepresentativeSensenbrenner the need for new criminal code raised onlyby Representative McCollum late in the hearing and the needfor full funding of the Antitrust Division in anticipationof the elimination of the FTCs Bureau of Competition

Intel1igenc Identities Protection Act and 391This legislation is on fast track in the 97th CongressBoth House and Senate versions are designed to provide criminalpenalties for the unauthorized disclosure of informationidentifying certain individuals engaged or assisting in U.Sforeign intelligence activities The Department and CIA havebeen asked to testify on H.R before the House PermanentSelect Committee on Intelligence on April The SenateJudiciary Subcommittee on Security and Terrorism will schedulehearings on 391 in the near future

Both the Department and the CIA agree that enactment ofthe Senate version is preferable because H.R poses greaterFirst Amendment and practical evidentiary probleiis with respectto prosecution of the disclosure of identities derived ordrawn from lawfully accessible public sources However theCIA fears that the slightest criticism of H.R might backfireshould that version be enacted and the Department be requiredto defend it against Constitutional attack The Departmenton the other hand does not want to softpedal its criticismof H.R so much that the Congress ends up enacting thewrong bill

DEA Reauthorization The House Judiciary Subcommittee onCrime chaired by Representative Hughes of New Jersey heldits first hearing on the subject of DEA reauthorization onMarch 12 general description of DEA efforts and successeswas given and DEA outlined number of legislative changesfelt to be needed to improve the agencys ability to carry outits mission Peter Bensinger Administrator of DEA whotestified before the House subcommittee will also testifybefore the Senate Judiciary Subcommittee on Security andTerrorism chaired by Senator Denton of Alabama on April

Immigration Task Force The first meeting of the interdepartmental Task Force on Immigration and Refugee Policywas held on March 11 1981 The task force is being chairedby DOJ and includes representatives of the Departments of

State Treasury Defense Transportation Education LaborHHS as well as FEMA It is anticipated that the task forcewill present policy recommendations to the President by earlyMay

221


Crime Laboratories On March 24 1981 the HouseJudiciary Subcommittee on Civil and Constitutional Rights willhold hearings on Crime Laboratories John Sullivan ForensicScience Specialist Office of Research Programs NationalInstitute of Justice is scheduled to testify Originally thehearing was scheduled for March 26 1981

FBI Oversight Career Development On March 25 1981the House Judiciary Subcommittee on Civil and Constitutional

Rights will hold oversight hearings on FBI Career DevelopmentExecutive Assistant Director for Law Enforcement ServicesJohn Otto is scheduled to testify

FBI Oversight -- Jurisdiction on Indian Reservations andLaboratories On April 1981 the House Judiciary Stxmnitteeon Civil and Constitutional Rights will be holding FBI oversight hearings on Jurisdiction on Indian Reservations andLaboratories Originally the FBI was scheduled to testifyon Indian Reservations on March 19 1981 but was rescheduledand combined with oversight on laboratories To date it isunknown who will testify from the FBI on Indian ReservationsAssistant Director for the Laboratory Division Thomas Kelleheris scheduled to testify on laboratories

FBI Authorization On April 1981 the House JudiciarySubcommittee on Civil and Constitutional Rights will hold

hearings on FBI Authorization FBI Director William Websteris scheduled to testify

Procurement and Debarment Hearings On March 12 1981JoAnn Harris Chief Fraud Section Criminal Divisiontestified before the Senate Subcommittee on Oversight of

Government Management of the Governmental Affairs CommitteeMs Harris discussed the relationship of criminal investigationsto agency debarment and suspension procedures and stressed the

importance of the administrative process in this area TheSubcommittee was receptive of the Departments views on this

matter

Extension of Antitrust Exemption for Oil Companies H.R2166 On Tuesday March 10 1981 both the House andSenate passed H.R 2166 bill which extends the antitrust

exemption for oil companies participating in the International

Energy Program The exemption is due to terminate on March 151981 H.R 2166 extends the exemption to September 30 1981The Department is in support of this bill and Executive

approval has been given

Debt Collection Act of 1981 591 The Department ispresently in the process of preparing comment on Senator

Percys bill 591 the Debt Collection Act of 1981

222


Representative Brooks has also submitted similar legislatiofl in the HouseAlso being reviewed are several proposed amendments prepared by the Office

of Management and Budget This issue will receive great deal of attention

from the Congress

223

VOL 29 March 27 1981 NO

Federal Rules of Criminal Procedure

Rule 41c Search and SeizureIssuance and Contents

ADplying the rationale of United States Burke517 F.2d 377 2d Cir 1975 reported in 23 USAB 919No 20 10375 the Tenth Circuit with one judge dissenting held that the fact that federal search warrant wasexecuted by state officers was not sufficient deviationfrom Rule 41c as to justify invoking the exclusionaryrule

Affirmed

United States Luther Pennington and Senator

Harding Colbert 635 F.2d 1387 10th Cir December 1980

225VOL 29 MARCH 27 1981 NO

LISTING OF ALL BLUESHEETS IN EFFECT

DATE AFFECTS USAM SUBJECT

TITLE

Undtd 11.200 Authority of Manual A.G Order66576

112080 11.550 Communications from the Department

62177 13 100 Assigning Functions to theAssociate Attorney General

62177 13 102 Assignment of Responsibilityto DAG re INTERPOL

62177 13.105 Reorganize and Redesignate Officeof Policy and Planning as Office

for Improvements in the

Administration of Justice

42277 13 108 Selective Service Pardons

62177 13.113 Redesignate Freedom of InformationAppeals Unit as Office of Privacyand Information Appeals

62177 13.301 Director Bureau of PrisonsAuthority to Promulgate Rules

62177 13.402 U.S Parole Commission to replaceU.S Board of Parole

121580 15.410 Subpoena of Reporters

42877 16 200 Representation of DOJ Attorneysby the Department A.G Order63377

83077 19.000 Case Processing by Teletype withSocial Security Administration

103179 19.000 Procedure for Obtaining Disclosureof Social Security Administration

Information in Criminal Proceedings

111679 19.000 Notification to Special Agent inCharge Concerning Illegal or

Improper Actions by DEA or Treasury

Agents

226


DATE AFFECTS USAN SUBJECT

121680 19 100 Relationships with Client Agencies

120980 111.500 Informal Immunity

121680 113.010 Proceedings Before U.S Magistrates

71478 114.210 Delegation of Authority to ConductGrand Jury Proceedings

TIThE

2281 22.120 Rehearings En Banc

10377 23.210 Appeals in Tax Cases

TITLE

Undtd 34.000 Sealing and Expungement of CaseFiles Under 21 U.S.C 844

TiTLE

112778 41.200 Responsibilities of the AAG forCivil Division

91578 41.210 Civil Division Reorganization41 227

41480 41.213 Federal Programs Branch Case Reviews

51280 41.213 Organization of Federal ProgramsBranch Civil Division

40179 41.300 Redelegations of authority in Civil41.313 Division Cases

110780 41.312 Cases Coming Before the U.S Customs

50578 41.313 Addition of Direct Referral Casesto USAN 41.313

71880 41.320 Impositions of sanctions upon GovernmentCounsel and Upon the Government Itself

81580 41.327 Judicial Assistance to Foreign Tribunals

40179 42.110-- Redelegation of Authority in Civil42 140 DivIsion Cases

51280 42.230 Monitoring of pre and post judgment payments on VA educational overpaymentaccounts

227



70780 42.230 Monitoring of pre and post judgment payments on VA educational overpaymentac Count

22278 42.320 Memo Containing the USAs Recommendations for the Compromising or

Closing of Claims Beyond his Authority

111378 42.433 Payment of Compromises in FederalTort Claims Act Suits

81379 43.000 Withholding Taxes on Backpay Judgments

50578 43.210 Payment of Judgments by GAO

60178 43.210 New telephone number for GAO officehandling payment of judgments

51479 44.230 Attorneys Fees in EEO Cases

112180 44.240 Attorney fees in FOl and PA suits

11681 44.260 Attorneys Fees Award in S.S ActReview Cases

40179 44.280 New USAM 44.280 Dealing withAttorneys Fees in Right To Financial Privacy Act Suits

80880 44.310 Cases with International or Foreign320 330 Law Aspects

40179 44.530 Addition to USAN 44.530 costs recoverable from United States

40179 44.810 Interest recoverable by the Govt

40179 45.229 New USAN 45.229 dealing with limitations in Right To Financial PrivacyAct suits

21580 45.530 540 FOIA and Privacy Act Matters550

4179 45.921 Sovereign immunity

40179 45.924 Sovereign immunity

228



50580 46.400 Coordination of Civil Criminal Aspectsof Fraud Official Corruptin Cases

51280 46.600 Monitoring of pre and post judgmentpayments on VA educational overpayment accounts

70780 46.600 Monitoring of pre and postjudgmentPayments on VA Educational Overpayment Accounts

51280 46.600 Memo of Understanding for Conduct of TestProgram to Collect VA Educational

Assistance Overpayments Less Than $600

81580 47.400 Application of State Law to QuestionsArising in the Foreclosure of Government

.Held Mortgages

1581 48 800 Claims Referred by Railroad Retirement Board

90580 48.900 Renegotiations Act Claims

92479 49.200 McNamaraOHara Service Contract Act Cases

92479 49.700 WalshMealy Act cases

80880 410100 Cancellation of Patents

80180 411.210 Copyright Patent and Trademark220 230 Litigation

40179 411.850 New USAM 411.850 discussing RightTo Financial Privacy Act litigation

42180 411.860 FEGLI litigation

40780 412.250 Priority of Liens 2420 cases.251 .252

52278 412.270 Addition of New Sentence toUSAN 412.270

72580 413.330 Customs Matters

112778 413.335 News discussing Energy Cases

229


DATE AFFECTS USAN SUBJECT

73079 413.350 Review of Government Personnel Casesunder the Civil Service Reform Act

of 1978

8180 413.350 Review of Government Personnel Casesunder the Civil Service Reform Act of 1978

4179 413.361 Handling of Suits Against GovtEmployees

62579 415.000 Subjects Treated in Civil DivisionPractice Manual

TITLE

90677 53.321 Category Matters and Category53.322 MattersLand Acquisition Cases

91478 54.321 Requirement for Authorizationto Initiate Action

91478 55.321 Requirement for Authorization toInitiate Action

91478 57.120 Statutes Administered by theGeneral Litigation Section

91478 57.314 Cooperation and Coordination withthe Council on Environmental Quality

91478 57.321 Requirement for Authorization toInititate Action

91478 58.311 Cooperation and Coordination withthe Council on Environmental Quality

TITLE

42280 63.630 Responsibilities of United StatesAttorney of Receipt of Complaint

TITLE

62177 72.000 Part 25Recommendations toPresident on Civil Aeronautic

Board Decisions Procedures for

Receiving Comments by Private Parties

230



TITLE

62177 82.000 Part 55Implementation of Provisionsof Voting Rights Act re Language

Minority Groups interpretive

guidelines

62177 82.000 Part 42Coordination of Enforcementof Nondiscrimination in FederallyAssisted Programs

52380 82.170 Standards for Amicus Participation

101877 82.220 Suits Against the Secretary ofCommerce Challenging the 10%

Minority Business SetAside of

the Public Works Employment

Act of 1977 P.L 9528 May 13 1977

52380 82.400 Amicus Participation By the Division

52380 83.190 Notification to Parties of Dispositionof Criminal Civil Rights Matters

52380 83.300 Notification to Parties of Dispositionof Criminal Civil Rights Matters

TITLE

71179 91.000 Criminal Division Reorganization

Undtd 380 91 103 Description of Public Integrity Section

31480 91.103 Criminal Division Reorganization

Undtd 91.215 Foreign Corrupt Practices Act of 197715 U.S.C 78mb23 15 U.S.C78dd1 and 15 U.S.C 78dd2

41480 91.403 Criminal Division Reorganization.404

41680 91.502 Criminal Division Brief/Memo Bank

70880 91.503 Case Citation

231



62279 92.000 Cancellation of Outstanding Memorandum

1881 92 145 interstate Agreement on Detainers

120980 92.148 Informal Immunity

Undated 92.164 Policy With Regard to the Issuance ofSubpoenas to Members of the News MediaSubpoenas for Telephone Toll Records of

Members of the News Media and the

Interrogation Indictment or Arrest ofMembers of the News Media

Undated 92 166 Grand Jury Subpoenas for TelephoneToll Records

22880 94.116 Oral Search Warrants

62879 94.600 Hypnosis

Undtd 97.000 Defendant Overhearings and Attorney97.317 Overhearings Wiretap Motions

91580 97.110 Authorization of Applicationsfor Interception Orders

91080 97.230 Trap and Trace Guidelines97.928

91580 97.910 Form Interception Application

91580 97.921 Form Interception Order

72880 98 130 Motion to Transfer

20680 911.220 Use of Grand Jury to LocateFugitives

91880 911.220 Obtaining Records To Aid in theLocation of Federal Fugitives by

Use of the All Writs Act 28 U.S.C 1651

121378 911.220 Use of Grand Jury to Locate Fugitives

53177 911.230 Grand Jury Subpoena for TelephoneToll Records

232



81379 911.230 Fair Credit Reporting Act and GrandJury Subpoenas

81380 911.230 Fair Credit Reporting Act and GrandJury Subpoenas

Undated 911.230 Limitations on Grand Jury Subpoenas

100680 917.000 Speedy Trial Act

72280 920 140 to Indian Reservations920.146

12181 937.000 Habeas Corpus

102279 942.000 Coordination of Fraud Againstthe Government Cases nondisciosable

60680 942.520 Dept of AgricultureFood Stamp Violations

60980 947 140 Foreign Corrupt Practices Act ReviewProcedure

21781 960 140 Kidnapping

52279 961.132 Steps to be Taken to Assure the961 133 Serious Consideration of All Motor

Vehicle Theft Cases for Prosecution

72880 961.620 Supervising Section and ProsecutivePolicy

72880 961.651 Merger

72880 961.682 Night Depositories

72880 961.683 Automated Teller Machines 0ffPremises

72880 961.691 Extortion Applicability of the Hobbs Act18 U.S.C 1951 to Extortionate DemandsMade Upon Banking Institutions

72880 963.518 Effect of Simpson United Stateson 18 U.S.C 924c

72880 963.519 United States Batchelder42 U.S 114 1979

233



72880 963.642 Collateral Attack by Defendants on theUnderlying Felony Conviction

72880 963.682 Effect of 5021 Youth Corrections ActCertificate on Status as Convicted Felon

81380 965.806 Offenses Against Officials of the Coordination Council for North American

Affairs TAIWAN

80879 969.260 Perjury False Affidavits Submittedin Federal Court Proceedings Do Not

Constitute Perjury Under 18 USC 1623

21781 969.421 Fugitive Felon Act

112880 969.500 Prosecutions of Escapes by Fed Prisoners

9580 970.002 Farm Labor Contractor Registration Act

61180 975.000 Obscenity

61180 975.080 Sexual Exploitation of Children084 Child Pornography

61180 975.110 Venue

61180 975.140 Prosecutive Priority

61180 975.631 Exception Child Pornography Cases

9580 978.400 U.S.C 2041 et seq

31279 979.260 Access to Information Filed Pursuantto the Currency Foreign Transactions

Reporting Act

10680 985.315 Census

8780 9100 280 Continuing Criminal Enterprise 40821 U.S.C 848

13081 9110 100 RICO Guidelines

102480 9110.300 etg Extortionate Credit Transactions

234



52380 9120.210 Directory Dept of Motor VehiclesDrivers License Bureau

1881 9120.210 Internal Revenue Service Tax Returns

22980 9121.120 Authority to Compromise Close.153 and .154 Appearance Bond Forfeiture Judgements

42180 9121.140 Application of Cash Bail to CriminalFines

40579 9123.000 Costs of Prosecution 28 U.S.C 1918b

12981 9139.740 47 USC 506 The LEA Act Coercive PracticesAffecting Broadcasting

Revised 32781

Listing of all Bluesheets in Effect

235


Title 10Executive Office for United States Attorneys

Title 10 has been distributed to U.S Attorneys Offices only because it

consists of administrative guidelines for U.S Attorneys and their staffs

The following is list of all Title 10 Bluesheets currently in effect


9880 102.100 Notice to Competitive ServiceApplicants or Employees Proposed

for Appointment to Excepted

Positions

21981 102 101 Submission of SF61 AppointmentAffidavits

71480 102.123 Tax Check Waiver Individual

8680 102.142 Employment Review Committee forNonAttorneys

71680 102 144 Certification Procedures forGS9 and Above Positions

91280 102 145 Procedures for Detailing ScheduleSecretaries to Competitive

Service Positions

Undtd 12580 102 150 New Authority to Make 1YrTemporary Appointments

112580 102 162 StayInSchool Program

71680 102 193 Requirements fo.r SensitivePositions NonAttorney

81480 102 193 Preappointment Security Requirements

102980 102 194 Procedures for Requesting Access toSensitive Compartments Info SCI

61380 102.420 Justice Earnings Statement

52380 102.520 Racial/Ethnic Codes

82280 102.523 Affirmative Action MonitoringProcedures

112580 102.524 Collection Retention Use ofApplicant Race Sex and

Ethnicity Data

236


DATE AFFECTS USAM SUB.JECT

102480 102.525 Facility Accessibility

822-80 102.525 Employment Review Proceduresfor Grades GSl GS12

10680 102.540 Performance Appraisal System forAttorneys

61180 102.545 Younger Fed Lawyer Awards

82680 102.551 Standard of Conduct

61880 102.552 Financial Disclosure Report

61180 10-2.564 Authorization Payment ofTraining

71180 102.611 Restoration of Annual Leave

92980 102.630 SF 2809 Health Benefits RegistrationForm

6680 102.650 Unemployment Compensation forFederal Employees

6680 102.660 Processing Form CA1207

6680 102.664 OWCP Uniform Billing Procedure

62380 10-4.262 Procedures

103080 104.430 Closing Notice for Case Files

112580 105.240 Collection of Parking Fees

8580 106.100 Receipt Acknowledgment Form USA204

62380 106.220 Docketing Reporting System

51680 Index to Title 10

237


UNITED STATES ATTORNEYS MANUAL--TRANSMITTALS

The following United States Attorneys Manual Transmittals

have been issued to date in accordance with USAM 1l.500a This

monthly listing may be removed from the Bulletin and used ascheck list to assure that your Manual is up to date

TRANSMITTAL

AFFECTING DATE DATE OF

TITLE NO MO/DAY/YR Text CONTENTS

8/20/76 8/31/76 Ch 123

9/03/76 9/15/76 Ch

9/14/76 9/24/76 Ch

9/16/76 10/01/76 Ch

2/04/77 1/10/77 Ch 61012

3/10/77 1/14/77 Ch 11

6/24/77 6/15/77 Ch 13

1/18/78 2/01/78 Ch 14

5/18/79 5/08/79 Ch

10 8/22/79 8/02/79 Revisions to

11.400

11 10/09/79 10/09/79 Index to Manual

12 11/21/79 11/16/79 Revision to Ch11

13 1/18/80 1/15/80 Ch iu2930 4145

A2 9/29/80 6/23/80 Ch Index to TitleRevisions to ChCh

6/25/76 7/04/76 Ch to

8/11/76 7/04/76 Index

6/23/76 7/30/76 Ch to

11/19/76 7/30/76 Index

238


DATE OF TEXT

8/15/79 7/31/79 Revisions to Ch

9/25/79 7/31/79 Ch

1/02/77 1/02/77 Ch to 15

1/21/77 1/03/77 Ch

3/15/77 1/03/77 Index

11/28/77 11/01/77 Revisions to

Ch 16 1115Index

2/04/77 1/11/77 Ch to

3/17/77 1/11/77 Ch 10 to 12

6/22/77 4/05/77 Revisions to

Ch 18

8/10/79 5/31/79 Letter from

Attorney General

to Secretary

of Interior

6/20/80 6/17/80 Revisions to Ch 12 NewCh 2A Index to Title

3/31/77 1/19/77 Ch to

4/26/77 1/19/77 Index

3/01/79 1/11/79 Complete Revision

of Title

11/18/77 11/22/76 Ch to

3/16/77 11/22/76 Index

1/04/77 1/07/77 Ch

1/21/77 9/30/77 Ch to

5/13/77 1/07/77 Index

6/21/77 9/30/76 Ch pp 36

2/09/78 1/31/78 Revisions to

Ch

3/14/80 3/6/80 Revisions to Ch

239


DATE OF TEXT

1/12/77 1/10/77 Ch 4111718343738

2/15/78 1/10/77 Cl-i 7100122

1/18/77 1/17/77 Ch 12141640414243

1/31/77 1/17/77 Ch 130 to 139

2/02/77 1/10/77 Ch .1281015 101 102 104120121

3/16/77 1/17/77 Ch 20606163646566697071727375767778798590110

9/08/77 8/01/77 Cli pp 81129 Ch 39

10/17/77 10/01/77 Revisions to

4/04/78 3/18/78 Index

10 5/15/78 3/23/78 Revisions to

Ch 4815 andnewCh

11 5/23/78 3/14/78 Revisions to

Ch 1112141718 20

12 6/15/78 5/23/78 Revisions to

Ch 40414344 60

13 7/12/78 6/19/78 Revisions to

Ch 6163646566

14 8/02/78 7/19/78 Revisions to

Ch 416971757678 79

15 8/17/78 8/17/78 Revisions to

Ch 11

240VOL 29 MARCH 27 1981 NO

DATE OF TEXT

16 8/25/78 8/02/78 Revisions to

Ch 8590100101 102

17 9/11/78 8/24/78 Revisions to

Ch 120121122132133136137138 139

18 11/15/78 10/20/78 Revisions to

Ch.2

19 11/29/78 11/8/78 Revisions to

Ch

20 2/01/79 2/1/79 Revisions to

Ch.2

21 2/16/79 2/05/79 Revisions to

Ch 1461115100

22 3/10/79 3/10/79 New Section

94.800

23 5/29/79 4/16/79 Revisions to

Ch 61

24 8/27/79 4/16/79 Revisions to

969 420

25 9/21/79 9/11/79 Revision of

Title Ch

26 9/04/79 8/29/79 Revisions to

Ch 14

27 11/09/79 10/31/79 Revisions to

Ch 1173 and newCh 47

28 1/14/80 1/03/80 Detailed Table of

Contents iui ChCh pp 1920i

29 3/17/80 3/6/80 Revisions to Ch11 21 42 75 79

131 Index to Title

30 4/29/80 4/1/80 Revisions to Ch 11 17 42

241


TRANSMITTAL

AFFECTING DATE DATE OF

TITLE NO MO/DAY/YR TEXT CONTENTS

38 7880 72780 Revisions to Ch 1617 60 63 73 Indexto Manual

A2 11480 10680 New Ch 27 Revisions toCh 17 34 4769 120 Index to Titleand Index to Manual

Due to the numerous requests for the U.S Attorneys Manual from the

private sector the Executive Office has republishedthe entire Manual and

it is now available to the public from the Government Printing Office

This publication is the exact same one that has already been issued to

Department of Justice offices To differentiate thetransmittals issued

after the GPO publication from previously issued transmittals the Manual

Staff has devised new numbering system Please note that transmittal

numbers issued from hereon will be prefaced with the letter The private

sector may order the Manual from the Superintendentof Documents Government

Printing Office Washington D.C 20402 The stock number is O469T1O and the

price is $145.00 which includes updates

DOJ-I981-04

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