A criminal referral or criminal recommendation is a notice to a prosecutorial body, recommending criminal investigation or prosecution of one or more entities for crimes which fall into that body's jurisdiction.
In the U.S. federal government, regulatory and law enforcement agencies that investigate crimes must typically refer cases to the Department of Justice for prosecution at its discretion. These referrals may not require formal documentation, but may include a case report. In a direct referral, agencies refer cases to the U.S. Attorney in the district where the crime occurred.[1] The United States Congress and its members, in their investigative role, issue criminal referrals to the Justice Department as well.[2]
Private counsel may also make criminal referrals on behalf of clients who have been victims of both civil and criminal wrongdoing.[4]
In some states, state attorneys general must receive a criminal referral from the state executive before pursuing criminal charges.[5]
References
^Rabin, Robert L. (June 1972). "Agency Criminal Referrals in the Federal System: An Empirical Study of Prosecutorial Discretion". Stanford Law Review. 24 (6): 1036–1091. doi:10.2307/1227884. JSTOR1227884.