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March 20, 2018

MEMORANDUM TO UNITED STATES ATTORNEY .

     

FROM: THE ATTORNEY GENE

SUBJECT: Guidance Regarding Use ofC
Prosecutions

ital Punishment in Drug-Related

The opioid epidemic has inflicted an unprecedented toll of addiction, suffering, and death
on communities throughout our nation. Drug overdoses, including overdoses caused by the
lethal substance fentanyl and its analogues, killed more than 64,000 Americans in 2016 and now
rank as the leading cause ofdeath for Americans under 50. In the face of all of this death, we
cannot continue with business as usual.

Drug traffickers, transnational criminal organizations, and violent street gangs all
contribute substantially to this scourge. To combat this deadly epidemic, federal prosecutors
must consider every lawful tool at their disposal. This includes designating an opioid
coordinator in every district, fully utilizing the data analysis ofthc Opioid Fraud and Abuse
Detection Unit. as well as using criminal and civil remedies available under federal law to hold
opioid manufacturers and distributors accountable for unlawful practices.

In addition, this should also include the pursuit of capital punishment in apprOpriate
cases. Congress has passed several statutes that provide the Department with the ability to seek
capital punishment for certain drug?related crimes. Among these are statutes that punish certain
racketeering activities (18 U.S.C. 1959); the use ofa firearm resulting in death during a drug
trafficking crime (18 U.S.C. 9240)); murder in furtherance ofa continuing criminal enterprise
(21 U.S.C. 848(e)); and dealing in extremely large quantities of drugs (18 U.S.C. 
3591(b)(l)). I strongly encourage federal prosecutors to use these statutes, when appropriate, to
aid in our continuing f1 against drug trafficking and the destruction it causes in our nation.