Federal Crime Statutes
18 U.S. Code Part II
Chapter 215 — Grand Jury
This chapter outlines various provisions related to the functioning, proceedings, and confidentiality of federal grand juries. Its primary purpose is to establish the legal framework for grand jury operations, which play a crucial role in federal criminal investigations by determining whether there is sufficient probable cause to issue an indictment. In essence, Chapter 215 sets forth the rules and procedures governing federal grand juries, emphasizing the confidentiality of their proceedings while also providing for controlled exceptions to that secrecy, especially in cases involving financial crimes, banking law violations, or when information is needed for state or local investigations.
Sections:
§ 3321 — Number of grand jurors; summoning additional jurors
Every grand jury impaneled before any district court shall consist of not less than sixteen nor more than twenty-three persons. If less than sixteen of the persons summoned attend, they shall be placed on the grand jury, and the court shall order the marshal to summon, either immediately or for a day fixed, from the body of the district, and not from the bystanders, a sufficient number of persons to complete the grand jury. Whenever a challenge to a grand juror is allowed, and there are not in attendance other jurors sufficient to complete the grand jury, the court shall make a like order to the marshal to summon a sufficient number of persons for that purpose.
§ 3322 — Disclosure of certain matters occurring before grand jury
(a)A person who is privy to grand jury information—
(1)received in the course of duty as an attorney for the government; or
(2)disclosed under rule 6(e)(3)(A)(ii) of the Federal Rules of Criminal Procedure;
may disclose that information to an attorney for the government for use in enforcing section 951 of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 or for use in connection with any civil forfeiture provision of Federal law.
(b)
- (1)Upon motion of an attorney for the government, a court may direct disclosure of matters occurring before a grand jury during an investigation of a banking law violation to identified personnel of a Federal or State financial institution regulatory agency—
- (A)for use in relation to any matter within the jurisdiction of such regulatory agency; or
- (B)to assist an attorney for the government to whom matters have been disclosed under subsection (a).
- (2)A court may issue an order under paragraph (1) at any time during or after the completion of the investigation of the grand jury, upon a finding of a substantial need.
(c)A person to whom matter has been disclosed under this section shall not use such matter other than for the purpose for which such disclosure was authorized.
(d)As used in this section—
(1)the term “banking law violation” means a violation of, or a conspiracy to violate—
(A)section 215, 656, 657, 1005, 1006, 1007, 1014, 1344, 1956, or 1957;
(B)section 1341 or 1343 affecting a financial institution; or
(C)any provision of subchapter II of chapter 53 of title 31, United States Code;
(2)the term “attorney for the government” has the meaning given such term in the Federal Rules of Criminal Procedure; and
(3)the term “grand jury information” means matters occurring before a grand jury other than the deliberations of the grand jury or the vote of any grand juror.
