28 C.F.R. § 0.59

Certain certifications under 18 U.S.C. 3331 and 3503

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(a) The Assistant Attorney General in charge of the Criminal Division is authorized to exercise or perform the functions or duties conferred upon the Attorney General by section 3331 of title 18, United States Code, to certify that in his judgment a special grand jury is necessary in any judicial district of the United States because of criminal activity within such district.

(b) The Assistant Attorney General in charge of the Criminal Division and his Deputy Assistant Attorney Generals are each authorized to exercise or perform the functions or duties conferred upon the Attorney General by section 3503 of title 18, United States Code, to certify that the legal proceeding, in which a motion to take testimony by deposition is made, is against a person who is believed to have participated in an organized criminal activity, where the subject matter of the case or proceeding in which the motion is sought is within the cognizance of the Criminal Division pursuant to § 0.55, or is not within the cognizance of the Civil Rights Division.

[Order No. 452-71, 36 FR 2601, Feb. 9, 1971, as amended by Order No. 511-73, 38 FR 8152, Mar. 29, 1973]
Notes of Decisions
Cited in 6 cases, 1971–2000 · leading case: In Re Grand Jury Subpoena of Alphonse Persico, 522 F.2d 41 (2d Cir. 1975).
In Re Grand Jury Subpoena of Alphonse Persico, 522 F.2d 41 (2d Cir. 1975). “” 28 C.F.R. § 0.59 . He is also authorized to “designate attorneys to present evidence to grand juries in all cases .”
United States v. Hon. Robert L. Carter, United States Dist. Judge, United States of Am. v. Bertram L. Podell, 493 F.2d 704 (2d Cir. 1974). · cites it 2× “Kinsey, I hereby certify, pursuant to the authority conferred upon me by 28 C.F.R. § 0.59 (b), that the case of United States v.”
United States v. Sealed Juv. 1, 225 F.3d 507 (5th Cir. 2000). “§ 510 (authorizing the delegation of the Attorney General’s functions to other officers, employees, or agencies of the Department of Justice); 28 C.F.R. § 0.59 (delegating authority under 18 U.”
United States v. Di Mauro, 441 F.2d 428 (8th Cir. 1971). · cites it 2× “§ 510 6 authorizes the Attorney General to delegate his functions, and the actual delegation of this particular function may be found in 28 C.F.R. § 0.59 . 7 This would appear to validate the procedure in this case, unless we can find some clear Congressional policy that this…”
United States v. Chiarizio, 388 F. Supp. 858 (D. Conn. 1975). “28 C.F.R. § 0.59 (a) (1974). The defendants do not challenge this delegation.”
United States of Am., & v. Ross John Di Mauro, & United States of Am., & v. Donald Veryl Jones, & United States of Am., & v. Nicholas Sirian, &, 441 F.2d 428 (8th Cir. 1971). · cites it 2× “510 6 authorizes the Attorney General to delegate his functions, and the actual delegation of this particular function may be found in 28 C.F.R. 0.59. 7 This would appear to validate the procedure in this case, unless we can find some clear Congressional policy that this…”
— 28 C.F.R. § 0.59(b) — 1 case
United States v. Hon. Robert L. Carter, United States Dist. Judge, United States of Am. v. Bertram L. Podell, 493 F.2d 704 (2d Cir. 1974). “Kinsey, I hereby certify, pursuant to the authority conferred upon me by 28 C.F.R. § 0.59 (b), that the case of United States v.”
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