25. Interstate Transportation of Stolen Property (18 U.S.C. Section 2314) Fifty-one Districts have declination policies with respect to the interstate transportion of stolen property as follows: a. Stolen Property. Sixteen Districts have declination guidelines for prosecution of general stolen property offenses. Twelve of these Offices decline prosecution where the value of the property is under 5,000. Two forego prosecution if the value is less than $2,500. One does not prosecute if the property value is less than $2,000; one declines cases under $1,000; and one declines those under $500. In addition, two do not actively investigate cases with an unknown subject if the property value is under $50,000. b. Checks or Money Orders. Most Districts have set straight dollar limits on the offenses they will prosecute. Ten Districts decline cases where the amount of the check or checks is less than $1,000. Eight Districts set the limit at $500, five Offices at $5,000, five at $300, two at $2,000, one at $3,000, and one at $250. Two Districts decline prosecutions if the amount involved is less than $1,000 or there are fewer than five checks stolen. One District declines cases unless the amount equals $1,000 or more than 10 checks were stolen; one sets its limits at $2,000 or five checks stolen; one at $1,500 or six checks stolen; one at $500 authorities. c. Securities. Six Districts decline prosecution if the value of the securities is under $500; five Districts decline if the value is less than $1,000; and four decline amounts under $5,000. Two Districts do not prosecute cases where the loss on a specific security is under $1,000 or the loss on a type of forged security is under $5,000. One sets similar limits of $500 on `the specific security and $1,000 on the type. One District foregoes prosecution unless the loss on a specific security is $1,000 or loss on a type of security is $2,500. One District generally defers to local authorities in these securities theft cases. d. Exceptions. Exceptions to the above categories of dollar limits are generally made in the various Districts if the subject is involved in an ongoing scheme or check ring (14), if there is organized crime involvement (2), if the subject is a recidivist (3), or if the offense is part of a multistate scheme (4). Two Districts have policies concerning kidnapping. One District's policy is generally to prosecute all Federal kidnapping cases. In the other District, unless the kidnapping is connected to a separate Federal criminal offense, cases are presented for local prosecution, especially those involving: (a) substantial investigative effort by state or local authorities; or (b) a matter arising out of a domestic dispute; or (c) a matter of purely local impact. 27. Labor Violations (29 U.S.C. Sections 141 et seq.; Three Districts have declination policies regarding violations of labor laws. One District bases its decision on the extent of public interest and the quality of each case. In one District, the policy is normally to initiate prosecution upon receipt of an investigative report from Labor Department Compliance Officers and a recommendation for prosecution from the Labor Department. However, in labor cases investigated by the FBI, that District's policy is to consider such investigations on a case-by-case basis. And in one District, although there is no declination policy per se, there is a jurisdictional-referral policy; namely that all labor racketeering cases, regardless of the Union involved, are referred to the USA's office, except those clearly involving organized crime, which are sent to the Strike Force. 1/ 1/ At the time the USA issued this policy (November 1978), he stated that it was his understanding that such a policy was the uniform practice between USA and Strike Forces. |