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40. Vandalism of HUD Housing

Two Districts have policies concerning vandalism of

HUD housing. One District's routine policy is to decline cases involving vandalism of HUD housing. In other District, vandalism or petty thefts from houses or buildings that have been repossessed by HUD or other agencies are declined in favor of local prosecution unless the crime involves a major appliance of substantial value that can be readily identified as Government property.

41. White Slave Traffic

(18 U.S.C. Sections 2421 et seq.)

Thirteen Districts have explicit declination policies with respect to White Slave Traffic, or Mann Act, prosecutions. In general, prosecutions are declined unless the crime is perpetrated by major traffickers or a large scale commercial ring (9), or there is organized crime involvement (6), or there is evidence incriminating a public official (3). Seven Districts will prosecute if the offense involves a juvenile. Four Districts prosecute offenses in which physical violence, force, or threats were used. One District also prosecutes cases in which drugs or extortion was used or where the defendant has a prior criminal record.

42. Wire Fraud

(18 U.S.C. Section 1343)

Nine Districts have a declination policy concerning wire

fraud violations. Four Districts consider wire fraud cases on a case-by-case basis. One District also employs a case-by-case basis, but with the understanding that cases involving less than $5,000 will generally be declined. The policies of three Offices are based essentially on the amount of money involved: (1) one declines cases involving less than $1,000; (2) one declines cases involving less than $2,500; and (3) one declines cases where the attempted fraud involves less than $50,000. One District declines cases where the value of the fraud is under $2,000 and the perpetrator is unknown. In addition, that District will decline

to prosecute frauds involving less than $2,000 even if the perpetrator is identified or in local custody, unless there are aggravating circumstances. 1/

1/ In regard to this offense, the District's policy is
that a single prior felony conviction is not regarded as
an aggravating circumstance. An example of such circum-
stances would be a violation involving less than $2,000
which is believed to be perpetrated by a member of an
organized group of individuals engaged in the activity
on a continuous basis.

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PRINCIPLES OF FEDERAL PROSECUTION

United States Department of Justice
July 1980

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