18 U.S.C. § 3333

Reports

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(a) A special grand jury impaneled by any district court, with the concurrence of a majority of its members, may, upon completion of its original term, or each extension thereof, submit to the court a report—(1) concerning noncriminal misconduct, malfeasance, or misfeasance in office involving organized criminal activity by an appointed public officer or employee as the basis for a recommendation of removal or disciplinary action; or(2) regarding organized crime conditions in the district.(b) The court to which such report is submitted shall examine it and the minutes of the special grand jury and, except as otherwise provided in subsections (c) and (d) of this section, shall make an order accepting and filing such report as a public record only if the court is satisfied that it complies with the provisions of subsection (a) of this section and that—(1) the report is based upon facts revealed in the course of an investigation authorized by subsection (a) of section 3332 and is supported by the preponderance of the evidence; and(2) when the report is submitted pursuant to paragraph (1) of subsection (a) of this section, each person named therein and any reasonable number of witnesses in his behalf as designated by him to the foreman of the grand jury were afforded an opportunity to testify before the grand jury prior to the filing of such report, and when the report is submitted pursuant to paragraph (2) of subsection (a) of this section, it is not critical of an identified person.(c)(1) An order accepting a report pursuant to paragraph (1) of subsection (a) of this section and the report shall be sealed by the court and shall not be filed as a public record or be subject to subpena or otherwise made public (i) until at least thirty-one days after a copy of the order and report are served upon each public officer or employee named therein and an answer has been filed or the time for filing an answer has expired, or (ii) if an appeal is taken, until all rights of review of the public officer or employee named therein have expired or terminated in an order accepting the report. No order accepting a report pursuant to paragraph (1) of subsection (a) of this section shall be entered until thirty days after the delivery of such report to the public officer or body pursuant to paragraph (3) of subsection (c) of this section. The court may issue such orders as it shall deem appropriate to prevent unauthorized publication of a report. Unauthorized publication may be punished as contempt of the court.(2) Such public officer or employee may file with the clerk a verified answer to such a report not later than twenty days after service of the order and report upon him. Upon a showing of good cause, the court may grant such public officer or employee an extension of time within which to file such answer and may authorize such limited publication of the report as may be necessary to prepare such answer. Such an answer shall plainly and concisely state the facts and law constituting the defense of the public officer or employee to the charges in said report, and, except for those parts thereof which the court determines to have been inserted scandalously, prejudiciously, or unnecessarily, such answer shall become an appendix to the report.(3) Upon the expiration of the time set forth in paragraph (1) of subsection (c) of this section, the United States attorney shall deliver a true copy of such report, and the appendix, if any, for appropriate action to each public officer or body having jurisdiction, responsibility, or authority over each public officer or employee named in the report.(d) Upon the submission of a report pursuant to subsection (a) of this section, if the court finds that the filing of such report as a public record may prejudice fair consideration of a pending criminal matter, it shall order such report sealed and such report shall not be subject to subpena or public inspection during the pendency of such criminal matter, except upon order of the court.(e) Whenever the court to which a report is submitted pursuant to paragraph (1) of subsection (a) of this section is not satisfied that the report complies with the provisions of subsection (b) of this section, it may direct that additional testimony be taken before the same grand jury, or it shall make an order sealing such report, and it shall not be filed as a public record or be subject to subpena or otherwise made public until the provisions of subsection (b) of this section are met. A special grand jury term may be extended by the district court beyond thirty-six months in order that such additional testimony may be taken or the provisions of subsection (b) of this section may be met.(f) As used in this section, “public officer or employee” means any officer or employee of the United States, any State, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, or any political subdivision, or any department, agency, or instrumentality thereof.(Added Pub. L. 91–452, title I, § 101(a), Oct. 15, 1970, 84 Stat. 924.)

Notes of Decisions

Cited in 19 cases, 1973–2018 · leading case: United States v. Hon. Judge Almeric L. Christian

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United States v. Hon. Judge Almeric L. Christian (1981) ca3 · cites it 4× “18 U.S.C. § 3333 provides for the issuance of reports “concerning noncriminal misconduct, malfeasance, or misfeasance in office involving organized criminal activity by an appointed public officer or employee as the basis for a recommendation of removal or disciplinary action”…”

American Civil Liberties Union v. Holder (2011) ca4 · cites it 2× “§ 1116 (d)(8) (mandating the sealing of a court order — and all supporting documents — directing seizure of counterfeit goods until subject of order "has an opportunity to contest" the order); 18 U.S.C. § 3333 (c)(1) (man- dating the sealing of a Special Grand Jury’s report for…”

In Re Grand Jury Proceedings, Special Grand Jury 89-2 (1993) cod · cites it 5× “The Special Grand Jury was explicitly instructed that a *1461 court can only disclose the report of a special grand jury to the public, pursuant to 18 U.S.C.A. § 3333 (b), when: (b) The court to which such report is submitted shall examine it and the minutes of the special grand…”

United States v. John K. Briggs, Robert Wayne Beverly and John C. Chambers (1975) ca5 · cites it 3× “” • 18 U.S.C. § 3333 (a). A number of procedural safeguards are built into the legislation.”

In re Fortieth Statewide Investigating Grand Jury (2018) pa “, 18 U.S.C. § 3333 (pertaining to a special grand jury report relating to organized criminal activity).”

In Re Special Grand Jury 89-2 (2006) ca10 “§ 3333 , but it refused to release in full the report prepared by this grand jury, saying: The Court explained to the Special Grand Jury the detailed requirements of how to submit a report for public view. The Grand Jury held in its hands a unique opportunity to enlighten a…”

United States v. Novia Turkette, Jr., United States of America v. John Vargas (1980) ca1 “91 452, 84 Stat. 922 (1970). The Organized Crime Control Act of 1969, S.”

In Re Subpoenas to Local 478, International Union of Operating Engineers and Benefit Funds (1983) ca2 “18 U.S.C. § 3333 (a)(2). In this case, a Special Grand Jury was investigating possible violations of 29 U.”

Application of Jordan (1977) wvsd “This case does not involve special grand jury reports issued pursuant to 18 U.S.C. § 3333 . 7 . See, Kuh, The Grand Jury “Presentment”.”

Thompson v. Macon-Bibb County Hospital Authority (1980) ga “See also 18 USCA § 3333 a similar federal statute authorizing reports by special grand juries.”

McDonnell v. United States (1993) ca3 “McDonnell also relies on 18 U.S.C.A. § 3333 (a), (b). This statute provides for public disclosure by the district court, with the concurrence of the grand jury, of reports concerning: (1) noncriminal misconduct, malfeasance, or misfeasance in office by an ap *1249 pointed public…”

United States v. Forsythe (1977) pawd “18 U.S.C. § 3333 . From this it would doubtless follow that if an ordinary grand jury undertook to exercise such special powers for the sake of indulging in publicity and parenetic exhortations to the citizenry, such pronouncements would be ultra vires.”

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— 18 U.S.C. § 3333(a) — 1 case

United States v. Chiarizio (1975) ctd

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