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DEPARTMENT OF JUSTICE: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 11. IT IS STATED IN YOUR LETTER OF OCTOBER 11. IT IS YOUR INTENT TO EXAMINE CLOSELY EVERY MATTER INVOLVING RETIRED MILITARY OFFICERS INDICATIVE OF A POSSIBLE VIOLATION OF 18 U.S.C. 281 WITHIN THE JUDICIAL FRAMEWORK PROVIDED BY THE GILLILAN CASE AND THE AUTHORITIES RELIED UPON BY THE GOVERNMENT IN THAT CASE. FOR YOUR INITIAL REVIEW TO DETERMINE IF AN INVESTIGATION IS WARRANTED. INSTRUCTIONS ARE BEING ISSUED TODAY PROVIDING FOR REFERRAL TO THE CRIMINAL DIVISION.

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B-139747, OCT. 23, 1962

TO HONORABLE HERBERT J. MILLER, JR., ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF JUSTICE:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 11, 1962, CONCERNING REFERRAL TO THE CRIMINAL DIVISION OF THE DEPARTMENT OF JUSTICE OF CASES INVOLVING THE APPLICATION OF THE CONFLICT OF INTEREST (UNIFORMED SERVICES RETIRED PAY FORFEITURE) PROVISIONS OF 5 U.S.C. 59C AND 10 U.S.C. 6112 (B).

IN OUR LETTER OF SEPTEMBER 7, 1962, WE ADVISED YOU OF OUR PROCEDURES, AS SET FORTH IN COMPTROLLER GENERAL'S ORDER NO. 1.13, DATED OCTOBER 15, 1959, FOR REFERRAL TO THE FEDERAL BUREAU OF INVESTIGATION OF ALL INFORMATION CONCERNING CRIMINAL LAW VIOLATIONS ARISING IN OUR WORK AND WE ASSUMED THAT YOU DID NOT WISH SUCH PROCEDURES TO BE CHANGED TO PROVIDE FOR DIRECT REFERRAL TO THE CRIMINAL DIVISION OF CASES INVOLVING THE UNIFORMED SERVICES RETIRED PAY FORFEITURE STATUTES.

IT IS STATED IN YOUR LETTER OF OCTOBER 11, 1962, THAT BASED ON THE PRECEDENT FURNISHED BY UNITED STATES V. GILLILAN, 288 F.2D 796 (1961), IT IS YOUR INTENT TO EXAMINE CLOSELY EVERY MATTER INVOLVING RETIRED MILITARY OFFICERS INDICATIVE OF A POSSIBLE VIOLATION OF 18 U.S.C. 281 WITHIN THE JUDICIAL FRAMEWORK PROVIDED BY THE GILLILAN CASE AND THE AUTHORITIES RELIED UPON BY THE GOVERNMENT IN THAT CASE. FOR THAT REASON, YOU REQUEST THAT IN THE FUTURE ALL SUCH CASES BE REFERRED DIRECTLY TO THE CRIMINAL DIVISION, RATHER THAN TO THE FEDERAL BUREAU OF INVESTIGATION, FOR YOUR INITIAL REVIEW TO DETERMINE IF AN INVESTIGATION IS WARRANTED.

IN ACCORDANCE WITH YOUR WISHES IN THE MATTER, INSTRUCTIONS ARE BEING ISSUED TODAY PROVIDING FOR REFERRAL TO THE CRIMINAL DIVISION, INSTEAD OF THE FEDERAL BUREAU OF INVESTIGATION, OF ALL SUCH CASES WHICH COME BEFORE US FOR CONSIDERATION.

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