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Civil Resource Manual
United States Attorney General Opinion, January 14, 1879
United States Attorney General Opinion, February 19, 1902
United States Attorney General Opinion, October 2, 1934
United States Attorney General Opinion, January 30, 1879
United States Attorney General Opinion, December 14, 1868
United States Attorney General Opinion, May 8, 1929
United States Attorney General Opinion, July 11, 1894
United States Attorney General Opinion, January 17, 1900
United States Attorney General Opinion, October 24, 1933
United States Attorney General Opinion, August 26, 1881
United States Attorney General Opinion, August 7, 1911
United States Attorney General Opinion, June 3, 1919
United States Attorney General Opinion, November 27, 1895
United States Attorney General Opinion, March 7, 1935
Black Markets
GHB FDCA Violations
Sample Charges for GHB Felony Cases
GHB Probation Letter
Human Growth Hormone/Steroids Statutory Overview
FDCA Buy-Bust Prosecutions
Animal Drug Prosecutions -- Generally
Animal Drug Prosecutions -- Sample Indictment
Animal Drug Prosecutions -- Sample Indictment
Animal Drug Prosecutions -- Sample Jury Instructions
Animal Drug Prosecutions -- Sample Jury Instructions
Animal Drug Prosecutions -- Trial Memorandum -- Introduction and Background
Animal Drug Prosecutions -- Trial Memorandum -- Legal Issues
Animal Drug Prosecutions -- Sample Memorandum re Expert Drug Testimony
Sample Memorandum re applying the "intent to defraud FDA" felony theory to an animal drug prosecutions
Immunity of the United States from Suit, Absent Express Consent
Consent to be Sued is Strictly Construed
Government Agencies are not Subject to Suit, Absent Statutory Waiver of Immunity
Immunity of Government Officers Sued as Individuals for Official Acts
Exhaustion of Administrative Remedies
Standing to Sue
Effect of Declaratory Judgment Act and Administrative Procedure Act
Indispensable Party
Venue
Venue -- Government as Plaintiff
Venue -- United States as Defendant
Venue -- Government Officers and Agencies as Defendants
Change of Venue
Service of Process
Service on Government Officers in Official Capacity, Agencies
Removal
Redelegation By Civil Division of Authority to Compromise Civil Claims
Court of Federal Claims Litigation
The Bankruptcy "Players" -- Outline
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Bankruptcy and the Government as Regulator -- Part I
Bankruptcy and the Government as Regulator -- Part II
Bankruptcy and the Government as Regulator -- Part III
Avoidance Powers -- Strong-Arm Clause, Fraudulent Conveyances
Avoidance Powers -- Preferences, Statutory Liens, Postposition Transactions, Preferential Offsets, Limitations
Executory Contracts in Bankruptcy -- Introduction, Threshold Issues
Executory Contracts in Bankruptcy -- Assumption and Rejection
Executory Contracts in Bankruptcy -- Government and Special Contracts
Claims in Bankruptcy
Creditor's Claims in Bankruptcy Proceedings -- The Debtor-Creditor Relationship In Bankruptcy
Creditor's Claims in Bankruptcy Proceedings -- The Debtor-Creditor Relationship In Bankruptcy -- Allowance and Payment of Claims
Setoff and Recoupment in Bankruptcy -- Setoff
Setoff and Recoupment in Bankruptcy -- Setoff (cont'd)
Setoff and Recoupment in Bankruptcy -- Recoupment
The Government as Secured Creditor
Appellate Procedures in Bankruptcy
The Contract Disputes Act
Protest of Contract Awards
Principles of Contract Interpretation
Ambiguities
Validity and Construction of Liquidated Damages Provisions
Claims of Mistakes in Bids
Nonappropriated Fund Instrumentality Claims
Quasi-Contractual Claims
Conversion of Property Mortgaged to the Government
Decedent's Estate
Devises and Bequests to the Government
VA Escheat Claims
VA Vesting Claims
Grants -- Breach of Conditions
Guaranty Agreements
Medicare Overpayment Cases
Sureties
VA Loan Claims
Warranties
Warranty of Prior Endorsements on Checks
Transfer Restrictions and Remedies Under the Financial Privacy Act
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Social Security Act Review Procedures
Types of Judgments Authorized Under the Social Security Act
Priority of Liens
The "Who, What, When, Where, Why, and How" of Appeals in Bankruptcy Proceedings -- Generally
The "Who, What, When, Where, Why, and How" of Appeals in Bankruptcy Proceedings -- Standard of Review, Mootness, etc.
"Materiality" in FDCA prosecutions
Statutes Assigned to the Office of Consumer Litigation in 28 C.F.R. 0.45(j)
Office of Consumer Litigation
Sample Memorandum -- Intent to Defraud Or Mislead
Elements of a Misdemeanor Offense Under the FDCA
Sample Jury Instructions for a Misdemeanor Food Adulteration Case
Sample Jury Instruction -- Intent to Defraud or Mislead
Sample Government's Motion in Limine re Knowledge and Intent
Model Subpoena and Practice Tips for an FDCA Investigation
Issues Regarding Medical Devices and Adulteration Or Misbranding Claims
Medical Device Law -- An Overview
Sample Medical Device Indictment
Sample Medical Device Indictment
The Prescription Drug Marketing Act
Sample Indictment -- Prescription Drug Marketing Act
Sample Information -- Prescription Drug Marketing Act
Sample Information -- Prescription Drug Marketing Act -- Institutional Diversion
Sample Information -- Prescription Drug Marketing Act -- Statement of Origin
Sample Indictment -- Food Fraud Prosecution -- Conspiracy Count
Sample Indictment -- Food Fraud Prosecution -- Mail and Wire Fraud Counts
Sample Indictment -- Food Fraud Prosecution -- Miscellaneous Counts
Sample Indictment -- Food Fraud Prosecution -- Conspiracy Count
Sample Indictment -- Food Fraud Prosecution -- Miscellaneous Counts
Sample Information -- Introduction of Adulterated Food into Interstate Commerce
Sample Jury Instructions -- Food Fraud -- Pattern Instructions
Sample Jury Instructions -- Food Fraud -- Additional Instructions
Sample Brief -- Evidence of Scientific Testing in Food Fraud Cases
Response to Motion to Strike Surplusage
Sample Government's Opposition to Defendant's Motion to Strike Surplusage
Sample United States' Memorandum in Opposition to Defendants' Motion to Strike Surplusage From Indictment
Sample Memorandum re Surplusage
Sample Memorandum re Multiplicity
Sample Memorandum re Multiplicity
Response to Motions Concerning Multiplicity and Surplusage
Sample Trial Brief Re Elements of Violations of the FDCA Contained in 21 U.S.C. 331(A) and 331(K)
Sample Trial Brief re Admissibility of Summaries, Foreign Records, Plea Agreements, Scientific Evidence, and Chain of Custody
Opposition to Defense Motions re Due Process, Vagueness, "Van Liew", and "Minarik" Problems
Analysis of Minarik
Sample Memorandum Supporting Motion Precluding Evidence of Selective Prosecution
Sample Motion in Limine to Bar Evidence or Argument on Selective and/or Vindictive Prosecution
Sample Memorandum re Willfulness and Good Faith
Sample Sentencing memorandum -- abuse of trust enhancement
Sample Analysis Estimating Loss Based on Savings to Defendants
Discussion of Significant Factors That Affect Sentencing in FDCA Cases
Appellate Brief Regarding Loss
Appellate Brief Regarding Loss (continued)
Points to Remember When Considering Seizure and Condemnation Actions Under the Food, Drug, and Cosmetic Act
Brief Defending a Seizure Against an Attack Based on the Fourth Amendment
Reply Brief Defending a Seizure Against an Attack Based on the Fourth Amendment
Odometer Fraud Prosecutions -- Agencies, Contacts and Resources
Recodification of the Odometer Fraud Statutes
Repealed Odometer Fraud Statutes
Commonly Charged Odometer Tampering Offenses
Subpoenas to Targets for Forensic Evidence
Appeal Brief -- Required Records
Sample Target Letter -- Required Records
Sample Odometer Fraud Indictment Reflecting 1994 Recodification
Sample Odometer Fraud Indictment That Also Charges Mail Fraud and ITSP
Sample Odometer Fraud Indictment -- Multidefendant, ITSP, and False Declarations to a Grand Jury
Sample Trial Memorandum -- Odometer Fraud
Sample Trial Memorandum -- Odometer Fraud
Sample Trial Memorandum -- Odometer Fraud
Sample Odometer Fraud Jury Instructions
Sample Response to Defense Motion re Mailing
Sample Omnibus Response in a Multi-defendant Odometer Fraud Prosecution
Proposed findings that can be used to support a complex case finding and exclusion of time under the Speedy Trial Act
Sample Response To Motions To Dismiss Due To Alleged Multiplicity
Restitution for Consumers
Sample Government Application for Permission to Disclose Grand Jury Records for Restitution Purposes
Sample Disclosure Order
Evaluating the "Amount of Loss" for Sentencing in Odometer Fraud Cases
Opposition to Defense Motions re Due Process, Vagueness, "Van Liew" and "Minarik" Problems
Sentencing Guidelines Calculation
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Eppes Declaration
Sample Government's Response to Defendant's Response and Objections to Presentence Report
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Response to Objections to Presentence Report
Sample Government Alborz Memorandum -- Ninth Circuit
Sample Government Alborz Memorandum -- Fifth Circuit
Probation Letter for Convictions Where the Count of Conviction Occurred Prior to November 1, 2001
Probation Letter for Convictions Where the Count of Conviction Occurred in Whole or in Part After November 1, 2001
Sample Government's Reply to Defendant's Sentencing Memorandum (part 1)
Sample Government's Reply to Defendant's Sentencing Memorandum (part 2)
Bankruptcy Jurisdiction of the District Courts
Reference of Cases and Proceedings to the Bankruptcy Judges
Scope of the Powers and Authority of Bankruptcy Judges
Bankruptcy Jurisdiction -- Personal Jurisdiction
Bankruptcy Jurisdiction -- Venue
Bankruptcy Jurisdiction -- Appellate Jurisdiction
Termination of Bankruptcy Jurisdiction
Sovereign Immunity -- 11 U.S.C. § 106(a)
Sovereign Immunity -- 11 U.S.C. § 106(b)
Sovereign Immunity -- 11 U.S.C. § 106(c)
Limits of the § 106 Waiver of Sovereign Immunity
Seminole Tribe and State Sovereign Immunity
Bankruptcy Jurisdiction and Sovereign Immunity Statutory Addendum
Jury Trials in Civil Cases
Laches
Limitations Statutes Applicable to Suits Against the Government
Offset
Recoupment and Setoff
Priority for the Payment of Claims Due the Government
Counterclaims Against the United States
Counterclaim in Suits on Notes and Mortgages
Estoppel
Choice of Law
Interest Recoverable by the Government
Interest Recoverable From the Government
Declaratory Actions
Injunctions
Mandamus
Reformation
Replevin
Rescission
Specific Performance
Attorney's Fees
Court Costs
Costs Recoverable by the United States
Costs Recoverable From the United States
Sample Letter -- Judgments and Stipulations
Sample Letter -- Back pay Judgments
FMS Form 194 -- Judgment Fund Payment Request
Monitoring of Payment Agreements by the Department of Veterans Affairs Debt Management Center (DMC)
Memorandum from Attorney General -- Coordination of Parallel Criminal, Civil, and Administrative
November 2002
Civil Resource Manual