The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject.(July 2022) |
A criminal referral or criminal recommendation is a notice to a prosecutorial body, recommending criminal investigation or prosecution of one or more entities for crimes which fall into that body's jurisdiction.
In the U.S. federal government, regulatory and law enforcement agencies that investigate crimes must typically refer cases to the Department of Justice for prosecution at its discretion. These referrals may not require formal documentation, but may include a case report. In a direct referral, agencies refer cases to the U.S. Attorney in the district where the crime occurred. [1] The United States Congress and its members, in their investigative role, issue criminal referrals to the Justice Department as well. [2]
State attorneys general often refer federal crimes to the Justice Department. Investigative bodies under the Justice Department itself may also issue referrals to U.S. Attorneys, such as the case against Michael Cohen in the Southern District of New York, which was referred by the Mueller investigation. [3]
Private counsel may also make criminal referrals on behalf of clients who have been victims of both civil and criminal wrongdoing. [4]
In some states, state attorneys general must receive a criminal referral from the state executive before pursuing criminal charges. [5]
The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members of the Commonwealth of Nations.
Obstruction of justice, in United States jurisdictions, is an act that involves unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investigators, or other government officials. Common law jurisdictions other than the United States tend to use the wider offense of perverting the course of justice.
In the United States, a special counsel is a lawyer appointed to investigate, and potentially prosecute, a particular case of suspected wrongdoing for which a conflict of interest exists for the usual prosecuting authority. Other jurisdictions have similar systems. For example, the investigation of an allegation against a sitting president or attorney general might be handled by a special prosecutor rather than by an ordinary prosecutor who would otherwise be in the position of investigating his or her own superior. Special prosecutors also have handled investigations into those connected to the government but not in a position of direct authority over the Justice Department's prosecutors, such as cabinet secretaries or election campaigns.
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.
In criminal law, a conspiracy is an agreement between two or more persons to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be undertaken in furtherance of that agreement, to constitute an offense. There is no limit to the number participating in the conspiracy and, in most countries, the plan itself is the crime, so there is no requirement that any steps have been taken to put the plan into effect. For the purposes of concurrence, the actus reus is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally, repentance by one or more parties does not affect liability but may reduce their sentence.
The Office of Special Counsel was an office of the United States Department of Justice established by provisions in the Ethics in Government Act that expired in 1999. The provisions were replaced by Department of Justice regulation 28 CFR Part 600, which created the successor office of special counsel. The current regulations were drafted by former acting solicitor general Neal Katyal.
William Pelham Barr is an American attorney who served as the United States attorney general in the administration of President George H. W. Bush from 1991 to 1993 and again in the administration of President Donald Trump from 2019 to 2020.
John Henry Durham is an American lawyer who served as the United States Attorney for the District of Connecticut from 2018 to 2021. By April 2019, the Trump administration assigned him to investigate the origins of the Federal Bureau of Investigation (FBI) investigation into Russian interference in the 2016 U.S. elections, and in October 2020 he was appointed special counsel for the Department of Justice on that matter.
Rene Alexander Acosta is an American attorney and politician, who served as the 27th United States Secretary of Labor from 2017 to 2019. President Donald Trump nominated Acosta to be Labor Secretary on February 16, 2017, and he was confirmed by the U.S. Senate on April 27, 2017.
Rod Jay Rosenstein is an American attorney who served as the 37th United States deputy attorney general from April 2017 until May 2019. Prior to his appointment, he served as a United States attorney for the District of Maryland. At the time of his confirmation as deputy attorney general in April 2017, he was the longest-serving U.S. attorney. Rosenstein had also been nominated to the United States Court of Appeals for the Fourth Circuit in 2007, but his nomination was never considered by the U.S. Senate.
A deferred prosecution agreement (DPA), which is very similar to a non-prosecution agreement (NPA), is a voluntary alternative to adjudication in which a prosecutor agrees to grant amnesty in exchange for the defendant agreeing to fulfill certain requirements. A case of corporate fraud, for instance, might be settled by means of a deferred-prosecution agreement in which the defendant agrees to pay fines, implement corporate reforms, and fully cooperate with the investigation. Fulfillment of the specified requirements will then result in dismissal of the charges.
In common law, the principle of prosecutorial discretion allows public prosecutors a wide latitude to decide whether or not to charge a person for a crime, and which charges to file. A similar principle in continental law countries is called the principle of opportunity.
Kevin Mitchel Downing is an American lawyer. He has previously worked for the United States Department of Justice Tax Division and as a partner for the law firm of Miller & Chevalier.
The Robert Mueller special counsel investigation was an investigation into 45th U.S. president Donald Trump regarding Russian interference in the 2016 United States elections and was conducted by special prosecutor Robert Mueller from May 2017 to March 2019. It was also called the Russia investigation, the Mueller probe, and the Mueller investigation.
Andrew A. Weissmann is an American attorney and professor. He was an Assistant United States Attorney from 1991 to 2002, where he prosecuted high-profile organized crime cases. He served as a lead prosecutor in Robert S. Mueller's Special Counsel's Office (2017–2019), as Chief of the Fraud Section in the Department of Justice (2015–2017) and is currently a professor at NYU Law School.
Jessie Kong Liu is an American attorney who was the United States Attorney for the District of Columbia. She previously worked as deputy general counsel at the U.S. Treasury and served at the Justice Department. In 2020, she joined the law firm Skadden, Arps, Slate, Meagher & Flom as a partner.
The 2017-2019 Special Counsel investigation involved multiple legal teams, specifically the attorneys, supervised by Special Counsel Robert Mueller, taking part in the investigation; the team representing President Trump in his personal capacity; and the team representing the White House as an institution separate from the President.
This is a timeline of events in the first half of 2019 related to investigations into the many suspicious links between Trump associates and Russian officials and spies relating to the Russian interference in the 2016 United States elections. It follows the timeline of Russian interference in the 2016 United States elections, both before and after July 2016, until November 8, 2016, the transition, the first and second halves of 2017, the first and second halves of 2018, and followed by the second half of 2019, 2020, and 2021.
This is a timeline of events from 2020 to 2022 related to investigations into the many suspicious links between Trump associates and Russian officials and spies relating to the Russian interference in the 2016 United States elections. It follows the timeline of Russian interference in the 2016 United States elections, both before and after July 2016, until November 8, 2016, election day, the transition, the first and second halves of 2017, the first and second halves of 2018, and the first and second halves of 2019.
Michael Rafi Sherwin is an attorney who served as the acting United States Attorney for the District of Columbia from 2020 to 2021. He was appointed by Attorney General William Barr during the Trump administration. He is partner at the law firm Kobre & Kim where he handles international government investigations.