United States Department of Justice (DOJ)

What is the Department of Justice?

The mission of the United States Department of Justice is to enforce the law and defend the interests of the United States according to the law. In addition, the DOJ is responsible for ensuring public safety against both foreign and domestic threats. Also, the DOJ provides leadership in preventing and controlling crime. They seek punishment for those guilty of unlawful behavior and ensure the fair and impartial administration of justice for all Americans.

Judiciary Act of 1789

The Judiciary Act of 1789 created the Office of the Attorney General. Initially, the office began with one part-time employee who understood the law and had the duty “to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the President of the United States, or when requested by the heads of any of the departments, touching any matters that may concern their departments.” 

The legal workload quickly became too much for one person, and several assistants were hired for the Attorney General. Eventually, the caseload grew, and private attorneys were retained to work on cases.

The Department of Justice

In 1870, the United States Congress passed an act establishing the Department of Justice. Congress set up the DOJ as “an executive department of the government of the United States” with the Attorney General as its head. The DOJ of Justice is responsible for handling the legal business of the United States.

The 1870 Act granted the Department control over all criminal prosecutions and civil suits in which the United States was a party of interest. It also gave the Attorney General and the Department control over federal law enforcement. The Act created the Office of the Solicitor General to assist the Attorney General.

The 1870 Act is the foundation upon which the DOJ still rests. However, the structure of the Department of Justice has changed over the years, with the addition of the Deputy Attorney General and the formation of the Divisions. Unchanged is the steadily increasing workload of the Department. It has become the world’s largest law office and the central agency for enforcing federal laws.

DOJ Information and Resources

• United States Department of Justice Website – The official website of the U.S. Justice Department.
• Bureau of Justice Statistics – Collects, analyzes, publishes, and disseminates information on crime, criminal offenders, victims of crime, and the operation of justice systems at all levels of government. These data are critical to federal, state, and local policymakers in combating crime and ensuring that justice is efficient and evenhanded.
• Office of Justice Programs—The Office of Justice Programs (OJP) provides leadership to federal, state, local, and tribal justice systems by disseminating knowledge and best practices nationwide and providing grants for implementing crime-fighting strategies. The OJP partners with the justice community to identify the most pressing crime-related challenges confronting the justice system. Then, it provides information, training, coordination, and innovative strategies and approaches for addressing these challenges.
• National Criminal Justice Reference Service (NCJRS) is a federally funded resource that provides information on justice and substance abuse to support research, policy, and program development worldwide.

Why do Private Investigators Need to Know about the DOJ?

Working with the Department of Justice: A Guide for Private Investigators

Washington D.C. – For private investigators, the prospect of working on federal cases with the U.S. Department of Justice (DOJ) can be both prestigious and demanding. It requires a steadfast commitment to legal and ethical standards, a thorough understanding of federal law, and the ability to navigate the intricacies of government contracting. While there isn’t a single, consolidated “manual” for private investigators to work with the DOJ, a clear framework of expectations and procedures can be assembled from various government sources.

Becoming a Federal Contractor

Private investigators don’t simply get “hired” by the DOJ in the traditional sense; they must become approved government contractors. The first and most crucial step is to register with the System for Award Management (SAM), the official U.S. government website for contractors.¹ This registration is mandatory for anyone wishing to conduct business with the federal government, including its various components, such as the Federal Bureau of Investigation (FBI) or the Drug Enforcement Administration (DEA).

Beyond the initial registration, specific DOJ components may have their procurement processes and requirements. For instance, the FBI has previously sought contract investigators for its Background Investigation Contract Services (BICS) program. Such opportunities often require a significant amount of prior investigative experience, with some positions favoring candidates with a background in federal law enforcement.

Navigating the Legal and Ethical Maze

A private investigator’s work on a federal case is subject to a stringent set of legal and ethical boundaries. Any evidence gathered must be admissible in court, meaning it must be obtained in a manner that is lawful. This precludes activities such as illegal wiretapping, trespassing on private property, and impersonating law enforcement officers.

The DOJ’s own internal guidelines, such as the Justice Manual, while primarily directed at federal prosecutors, offer invaluable insight for any investigator involved in a federal case. This manual outlines the principles of federal prosecution and provides an overview of the legal considerations associated with various investigative techniques. For private investigators, understanding these principles is crucial for ensuring their work aligns with the DOJ’s standards and can withstand legal scrutiny.

One of the most critical areas of compliance is the Fair Credit Reporting Act (FCRA), which governs the collection and use of consumer information.² Private investigators conducting background checks or other financial inquiries must adhere to the strict requirements of this federal law.

A stark reminder of the consequences of overstepping legal boundaries is the 2015 indictment of several private investigators in California.³ The investigators were charged in a sophisticated scheme involving the hacking of email and Skype accounts to gain an advantage in civil lawsuits. This case underscores the DOJ’s commitment to prosecuting illegal investigative tactics.

The Nature of the Work

The DOJ may contract private investigators for various services.⁴ These can range from conducting background checks on potential government employees to assisting in complex financial fraud investigations. The DOJ’s Office of the Inspector General (OIG), for example, investigates allegations of waste, fraud, and abuse within the department and its contractors, a role that can involve the use of contracted investigators.⁵

In recent years, the DOJ has placed a significant emphasis on combating healthcare fraud, procurement fraud, and cybercrime.⁶ Private investigators with expertise in these areas may find opportunities to lend their skills to federal investigations. For example, in Fiscal Year 2023, the DOJ recovered over $2.68 billion in settlements and judgments from fraud and False Claims Act cases.⁷ Many of these complex financial investigations require detailed forensic accounting and investigative work, some of which may be outsourced to qualified private contractors.

Key Takeaways for Private Investigators:

• Formal Registration is Non-Negotiable: Registering with the System for Award Management (SAM) is the gateway to any federal contracting opportunities.⁸
• Know the Law: A deep understanding of federal laws, including the FCRA and statutes related to privacy and surveillance, is paramount.
• Ethical Conduct is Key: Adherence to strict ethical guidelines is necessary to ensure the integrity of the investigation and the admissibility of any evidence gathered.⁹
• Seek Specialized Expertise: Developing expertise in areas of high federal interest, such as healthcare fraud or cybersecurity, can increase opportunities for contracting.
• Understand the DOJ’s Framework: Although a specific “PI manual” is not publicly available, reviewing documents such as the Justice Manual can provide critical context for working on federal cases.

For private investigators seeking to collaborate with the Department of Justice, the path requires diligence, a commitment to upholding the highest legal and ethical standards, and a proactive approach to understanding the complexities of federal law and procurement. The rewards, both professional and financial, can be substantial for those who can meet these rigorous demands.

Sources:

U.S. Department of Justice, “Justice Department Recovers Over $2.68 Billion from False Claims Act Cases in Fiscal Year 2023”: https://www.justice.gov/opa/pr/justice-department-recovers-over-268-billion-false-claims-act-cases-fiscal-year-2023

System for Award Management (SAM): https://www.sam.gov

U.S. Department of Justice Justice Manual: https://www.justice.gov/jm/justice-manual

U.S. Department of Justice, “Private Investigators Indicted In E-Mail Hacking Scheme”: https://www.justice.gov/usao-ndca/pr/private-investigators-indicted-e-mail-hacking-scheme

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