2. The Investigation
Election fraud investigations fall into two stages: a preliminary investigation, followed by a grand jury investigation along with an
FBI full-field investigation. Preliminary investigations are usually
initiated by the United States Attorney’s Office or FBI office that
received the complaint. Consultation with the Public Integrity
Section is required before grand jury and FBI full-field investigations
are initiated. FBI participation must also be approved by FBI
Headquarters.
(a) Preliminary investigation
A preliminary investigation typically involves interviewing
the complainant, then conducting a sufficient investigation to:
• identify the crime allegedly committed;
• determine whether that crime is prosecutable under federal
law;
• evaluate the need for federal intervention as a function
of –
the extent to which the crime may have
impacted adversely on a federal election,
the extent to which the crime corrupted the
registration or voting process, and
the
desire and capability of local law
enforcement officials to handle the case;
• identify persons who may have participated in the scheme;
and
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