28 U.S.C. § 535
Investigation of crimes involving Government officers and employees; limitations
Historical and Revision Notes | ||
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Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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The section is reorganized for clarity and continuity.
In subsection (a), the word “may” is substituted for “shall have authority”. The word “is” is substituted for “may have been or may hereafter be”.
In subsection (c), the words “This section does not limit” are substituted for “that the provisions of this section shall not limit, in any way”. The words “(chapter 47 of title 10)” are added after “Uniform Code of Military Justice” to reflect the codification of that Code in title 10, United States Code.
2002—Subsec. (a). Pub. L. 107–273 substituted “Federal criminal law” for “title 18” in introductory provisions.
Subsec. (b). Pub. L. 107–273, in introductory provisions, substituted “matter, or complaint witnessed, discovered, or” for “or complaint” and “Federal criminal law” for “title 18” and inserted “or the witness, discoverer, or recipient, as appropriate,” after “agency,”.
Office of Postmaster General of Post Office Department abolished and all functions, powers, and duties of Postmaster General transferred to United States Postal Service by Pub. L. 91–375, § 4(a),
Notes of Decisions
Cited in 43
cases (8 in the last 5 years), 1980–2026 · leading case: In Re Bruce R. Lindsey (Grand Jury Testimony), 158 F.3d 1263 (D.C. Cir. 1998).
In Re Bruce R. Lindsey (Grand Jury Testimony), 158 F.3d 1263 (D.C. Cir. 1998). “The Office of the President has traditionally adhered to the precepts of 28 U.S.C. § 535 (b), which provides that [a]ny information .”
In Re Grand Jury Subpoena Duces Tecum, 112 F.3d 910 (8th Cir. 1997). “See 28 U.S.C. § 535 (b) (1994). Even more importantly, however, the general duty of public service calls upon government employees and agencies to favor disclosure over concealment.”
Byron Bedell v. United States, 669 F. App'x 620 (3rd Cir. 2016). “Although Bedell contends that the FBI had a mandatory duty to investigate his allegations of torture, 28 U.S.C. § 535—a statute that he himself purports to rely upon—explicitly provides that the FBI “may investigate any violation of Federal criminal law involving Government…”
Carl Stern v. Fed. Bureau of Investigation, 737 F.2d 84 (D.C. Cir. 1984). “The FBI has explicit statutory authority to investigate such violations of title 18 involving government employees, 28 U.S.C. § 535 , and there is no question that title 18 criminal investigations conducted by the FBI are within the reach of Exemption 7(C).”
United States v. Hartley, 486 F. Supp. 1348 (M.D. Fla. 1980). “Defendant Treasure Isle also alleges a violation of 28 U.S.C. § 535 (b), which calls for the expeditious reporting to the Attorney General of potential criminal violations by Government officers and employees.”
Wightman-Cervantes v. Mueller, 750 F. Supp. 2d 76 (D.D.C. 2010). “Under 28 U.S.C. § 535 (a), the FBI “may investigate” certain crimes involving a Government official or employee; but it is not required to investigate every complaint filed.”
Sieverding v. United States Dep't of Just., 693 F. Supp. 2d 93 (D.D.C. 2010). “28 U.S.C. § 535 (b). Even assuming that she has standing to pursue a private right of action under that statute, however, Ms.”
In Re: Bruce Lindsey, 148 F.3d 1100 (D.C. Cir. 1998). “The Office of the President has traditionally adhered to the precepts of 28 U.S.C. § 535 (b), which provides that [ajny information .”
Leisure v. FBI of Columbus, 2 F. App'x 488 (6th Cir. 2001). “While 28 U.S.C. § 535 provides that the FBI may investigate violations of Title 18, the decision to initiate a criminal investigation is left within the FBI’s discretion.”
In Re: Grand Jury Subpoena, 909 F.3d 26 (1st Cir. 2018). “But those decisions turn on the application of 28 U.S.C. § 535 (b), which mandates that federal employees report any wrongdoing they may witness to the Attorney General but does not purport to require any such disclosure by state employees.”
United States v. Concord Mgmt. & Consulting LLC, 317 F. Supp. 3d 598 (D.C. Cir. 2018). “9 In addition, the use of "officials" in § 533 is notable because provisions in the same chapter refer to "officers," see 28 U.S.C. § 535 (a), (b) ("Government officers and employees"), as do provisions in adjacent chapters, see 28 U.”
Brown v. United States, 88 Fed. Cl. 795 (Fed. Cl. 2009). “§§ 509 , 510, 515 and 535, but he emphasizes 28 U.S.C. § 535 (a), which provides that "[t]he Attorney General and the Federal Bureau of Investigation may investigate any violation of Federal criminal law involving Government officers and employees.”
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