§ 207. Discretionary Restraint in Exercise of Concurrent Jurisdiction.
Notwithstanding the existence of concurrent jurisdiction, federal law enforcement
agencies are authorized to decline or discontinue federal enforcement efforts whenever
the offense can effectively be prosecuted by nonfederal agencies and it appears that
there is no substantial Federal interest in further prosecution or that the offense primarily
affects state, local or foreign interests. A substantial federal interest exists in the following
circumstances, among others:
(a) the offense is serious and state or local law enforcement is impeded by interstate
aspects of the case; (b) federal enforcement is believed to be necessary to vindicate federally-protected
civil rights; (c) if federal jurisdiction exists under section 201(b), the offense is closely related to
the underlying offense, as to which there is a substantial federal interest; (d) an offense apparently limited in its impact is believed to be associated with organized
criminal activities extending beyond state lines; (e) state or local law enforcement has
been so corrupted as to undermine its effectiveness substantially.
Where federal law enforcement efforts are discontinued in deference to state, local
or foreign prosecution, federal agencies are directed to cooperate with state, local or
foreign agencies, by providing them with evidence already gathered or otherwise, to
the extent that this is practicable without prejudice to federal law enforcement.
The Attorney General is authorized to promulgate additional guidelines for the exercise
of discretion in employing federal criminal jurisdiction. The presence or absence of a federal
interest and any other question relating to the exercise of the discretion referred to in this
section are for the prosecuting authorities alone and are not litigable.
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