Civil Division
- Overview
- General Defensive Litigation
- Affirmative Civil Enforcement
- Bankruptcy
- Contact the Civil Division
OVERVIEW
The Civil Division represents the interests of the United States in all civil litigation at trial and on appeal. The Civil Division focuses on the following practice areas.
DEFENSIVE LITIGATION
The Civil Division has a diverse and challenging general defensive litigation practice. Civil Division AUSAs defend against constitutional challenges to federal statutes and regulations; suits to overturn government policies and programs; and attacks on the legality of government decisions. They also represent the United States, its agencies, and employees in negligence cases under the Federal Tort Claims Act (including medical malpractice, motor vehicle accidents, and premises liability); employment discrimination claims by federal employees; constitutional tort claims against individual federal officers; Freedom of Information Act litigation; prisoner litigation; and civil immigration matters.
AFFIRMATIVE CIVIL ENFORCEMENT
The Civil Division has an active and successful Affirmative Civil Enforcement (ACE) program, through which we address fraud, waste and abuse in a wide variety of government programs, and file actions to impose civil penalties and seek compliance with our nation’s environmental, health, safety, and civil rights laws.
Civil Frauds
In its fraud investigation efforts, the Civil Division works closely with attorneys in the office’s Criminal Division, as well as Special Agents from the Federal Bureau of Investigation and the Inspectors General for many federal agencies. The Division aggressively pursues cases under the False Claims Act, which provides the United States with a cause of action for financial fraud against the government. The False Claims Act provides for recovery of triple the amount of damages incurred by the United States, in addition to other civil penalties for each false or fraudulent claim submitted to the government. The False Claims Act also allows private citizens to file suit on behalf of the government (called “qui tam” suits) against those who have defrauded the government. Private citizens who successfully bring qui tam actions may receive a portion of the government’s recovery. Many of our District’s successful ACE investigations and lawsuits have arisen from such qui tam actions.
Controlled Substances Act
AUSAs in our ACE program investigate and litigate civil violations of the Controlled Substances Act (CSA), including by seeking civil monetary penalties and/or injunctive relief. CSA enforcement cases often target drug diversion or prescribers of controlled substances who prescribe in a manner that violates the law.
Environmental Enforcement
Civil Division AUSAs work closely with the Environmental Protection Agency (EPA) and DOJ’s Environmental and Natural Resources Division (ENRD) to protect the environmental and public health in the Northern District of New York, typically in actions to enforce the Clean Air Act, Clean Water Act, and Safe Drinking Water Act.
Civil Rights
In our affirmative civil rights cases, the Civil Division seeks to enforce a wide array of federal civil rights statutes prohibiting discrimination on the basis of race, color, sex, disability, religion, familial status, and national origin. Our office works closely with DOJ’s Civil Rights Division to investigate and litigate complaints of discrimination involving voting, education, employment, housing, lending, and access for individuals with disabilities.
BANKRUPTCY
Civil Division AUSAs also represents federal agencies as creditors in bankruptcy matters, and routinely appear in Bankruptcy Court to protect the government’s interests.
CONTACT THE CIVIL DIVISION
United States Attorney’s Office
Northern District of New York
445 Broadway, Room 542
Albany, New York 12207
Attn: Civil Division
518-431-0247 (Telephone)
518-431-0386 (Fax)