Federal Bureau of Investigation Authority to Investigate a Killing in the Virgin Islands

• Court: Department of Justice Office of Legal Counsel
• Decided: October 2, 1980
• Status: Published

Opinion

Federal Bureau of Investigation Authority to Investigate a Killing in the Virgin Islands

U n d er 28 U .S.C . § 533(3), th e F ed eral B ureau o f In v estig atio n (F B I) has a u th o rity to c o n d u c t an in v estig atio n o f any “ official m atters u n d e r the c o n tro l o f th e D e p a rtm e n t o f Ju s tic e .” Since, u n d e r 48 U .S.C . § 1617, th e U nited S tates A tto rn e y for th e V irg in Islands is em p o w e re d to p ro secu te serious offenses against local law , in cluding m u rd e r, th e m u rd e r o f an im m ig ration ju d g e in the V irg in Islands is w ithin th e F B I’s in v estig a­ tiv e ju risd ictio n .

October 2, 1980

MEMORANDUM OPINION FOR T H E SPECIAL ASSISTANT TO TH E ATTORNEY G EN ER A L

Your inquiry concerning the authority of the Federal Bureau of Investigation (FBI) to investigate the killing of an immigration judge in the Virgin Islands has been forwarded to me for response. In our view, the FBI does have the power to investigate this matter if authorized by the Attorney General to assist the U.S. Attorney for the Virgin Islands in the execution of his duties. Under 28 U.S.C. § 533(3), the Attorney General may appoint agents to conduct such other investigations regarding official matters under the control of the Department of Justice . . . as may be directed by the Attorney General. The question is therefore whether an investigation into the killing of an immigration judge would concern an “official matter[ ] under the con­ trol of the Department of Justice.” Under 48 U.S.C. § 1617, the U.S. Attorney for the Virgin Islands is empowered to prosecute all offenses against the laws of the Virgin Islands which are cognizable rn United States District Court there. Under 48 U.S.C. § 1612, the district court has jurisdiction over offenses against local law, exclusive jurisdiction over which is not conferred on the inferior courts. Section 1613 of that title provides that the inferior courts shall have exclusive criminal jurisdiction only over minor of­ fenses involving a maximum fine of $100 or imprisonment for six months, or both. Hence, the U.S. Attorney for the Virgin Islands has statutory jurisdiction to prosecute all more serious offenses. Although by local agreement his duty to prosecute crimes under Virgin Islands law is limited to felonies punishable by at least a five-year sentence, an 795 investigation into the possible murder of an immigration judge satisfies this condition. The U.S. Attorney is an officer in the Department of Justice and hence subject to the direction of the Attorney General (see 28 U.S.C. §519).The investigation of this incident could lead to a prosecution within the jurisdiction of the U.S. Attorney. The investigation can therefore properly be regarded as an “official matter[ ] under the con­ trol of the Department of Justice.” Accordingly, quite apart from any possible violations of federal law, the FBI can legally undertake an investigation if authorized to do so by the Attorney General to assist the U.S. Attorney.

L eo n U lm an Deputy Assistant Attorney General Office o f Legal Counsel