Criminal Defense Lawyers

Understanding the Role of the U.S. Attorney in Federal Cases in NYC

Understanding the Role of the U.S. Attorney in Federal Cases in NYC

The U.S. Attorney is the top federal prosecutor for each federal judicial district. There are 93 U.S. Attorney offices nationwide that prosecute federal crimes and represent the U.S. government in civil cases. The U.S. Attorney for the Southern District of New York (SDNY) handles federal cases in NYC. This article will explain what they do.

Prosecuting Federal Crimes

The main job of the U.S. Attorney is to prosecute federal criminal cases. They work with federal law enforcement like the FBI to investigate crimes and bring charges. The types of federal crimes they prosecute include:

• White collar crimes like fraud, bribery, embezzlement
• Organized crime, drug trafficking, human trafficking
• Terrorism, cybercrimes
• Civil rights violations
• Public corruption

The U.S. Attorney decides whether to bring charges and what exactly to charge the defendant with. They have a lot of discretion. The SDNY handles huge cases with national impact like going after Wall Street financial crimes, mob families, and terrorists.

Working with Federal Agencies

The U.S. Attorney works closely with federal investigative agencies like the FBI, DEA, ATF, IRS, ICE, etc. These agencies bring cases to the U.S. Attorney, who then decides how to prosecute. There is often back-and-forth between agencies and prosecutors over strategy and evidence gathering.

For complex cases, attorneys from the Department of Justice in Washington may get involved to provide expertise. But the local U.S. Attorney still oversees the case.

Negotiating Plea Deals

Over 90% of federal criminal cases end in a plea bargain rather than trial. The U.S. Attorney negotiates these deals with defense lawyers. They may agree to drop certain charges or recommend a lighter sentence if the defendant pleads guilty.

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Critics argue prosecutors have too much leverage in plea deals. Defendants often plead guilty to avoid harsh mandatory minimum sentences. But supporters say it’s an efficient way to resolve cases.

Sentencing Recommendations

For cases that go to trial or end in a guilty plea, the U.S. Attorney submits a sentencing recommendation to the judge. This includes proposing a specific prison term under federal sentencing guidelines.

Judges don’t have to follow these recommendations but often give them strong consideration. The U.S. Attorney may appeal sentences they believe are too light.

Deciding Whether to Charge

The U.S. Attorney has discretion whether to bring charges at all. They may decline a case if the evidence is weak, or it wouldn’t be in the public interest. This decision-making power is controversial.

For example, critics questioned why the SDNY didn’t charge certain banks for financial crimes leading up to the 2008 crisis. But prosecutors have to weigh many factors.

Defending the U.S. Government

The U.S. Attorney also defends the federal government against civil lawsuits. These may involve employment discrimination, personal injury, contract disputes, and challenges to federal programs or policies.

The U.S. Attorney works to get cases dismissed or limit damages. They may also negotiate settlements on behalf of the government.

Leadership and Management

The U.S. Attorney oversees hundreds of Assistant U.S. Attorneys (AUSAs) and staff. They set priorities, policies, and culture in the office. The U.S. Attorney is a political appointee nominated by the president.

The SDNY has around 220 AUSAs handling cases. The U.S. Attorney may personally prosecute high-profile cases too.

Independence and Oversight

U.S. Attorneys have independence to run their offices, but report to the Attorney General. The AG can’t intervene in specific cases but may set broad policies.

There are ethical oversight bodies like DOJ’s Office of Professional Responsibility. Congress oversees U.S. Attorney activities too.

Why the U.S. Attorney Matters

The U.S. Attorney holds an important law enforcement position. Who they choose to prosecute and let off impacts public safety, civil liberties, and faith in justice.

Many famous NY lawyers served as SDNY U.S. Attorney like Rudy Giuliani and James Comey. The office has an outsized role in national affairs.

Understanding federal prosecution is important for the accused, policymakers, and the public interest. The U.S. Attorney has duties to pursue justice and their judgment matters.