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U.S. Department of Justice

The Department of Justice (DOJ) was created as an executive department by the U.S. Congress in 1870 (chap. 150, 16 Stat. 162). While the Judiciary Act of 1789 (chap. 20, sec. 35, 1 Stat. 73, 92–93) had originally created the Office of the Attorney General, the legal workload quickly became problematic, requiring the use of private attorneys to work on cases. The use of private attorneys led to heavy expenditures by the government due to ever-increasing amounts of litigation as the country grew. In an effort to control expenses, Congress created the DOJ with the attorney general as its head to handle the legal workload. The 1870 Act specified that the department was to handle the legal business of the United States and put control over federal law enforcement under the attorney general and the DOJ. The contemporary mission of the DOJ has five charges: (1) “to enforce the law and defend the interests of the United States,” (2) “to ensure public safety against threats foreign and domestic,” (3) “to provide federal leadership in preventing and controlling crime,” (4) “to seek just punishment for those guilty of unlawful behavior,” and (5) “to ensure fair and impartial administration of justice for all Americans.”

Over the years, the DOJ has added deputy attorney generals and structured itself around 39 separate organizations consisting of some 60 specialized offices, agencies, bureaus, programs, and divisions, becoming effectively the world's largest legal office. Many, but not all, of these operational units are of particular interest to businesses and are briefly described.

The Antitrust Division

The Antitrust Division is charged to promote, protect, and preserve the competitive process in the American economy for the benefit of consumers and businesses. The Antitrust Division accomplishes its mission through guidance statements of policy to the business community and, when necessary, the criminal and civil enforcement of the U.S. antitrust laws.

The Asset Forfeiture Program

The Asset Forfeiture Program employs asset forfeiture powers to enhance public safety and security by removing the proceeds of crime and other assets from criminals and criminal organizations. The program manages and disposes of property seized while satisfying valid liens, mortgages, and other innocent owner claims.

The Attorney General

The attorney general is responsible for representing the United States in legal matters generally and providing the president and heads of executive branch departments with legal advice and opinions when requested to do so.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) enforces federal firearms laws (including firearms commerce conducted by the approximately 106,000 federal licensees), ensures the lawful storage of explosive materials (among some 1,640+ licensees), and investigates arsons and explosions. The ATF also enforces federal criminal statutes that concern the diversion and trafficking of alcohol and tobacco taxes among multiple jurisdictions.

The Civil Division

The Civil Division is the largest legal division in the DOJ. It represents the people of the United States, federal agencies and their employees, members of Congress, and the federal judiciary in a broad range of claims. The Civil Division defends the United States in actions regarding the constitutionality, lawfulness, or propriety of programs and actions by the constituent entities of the federal government. It litigates in areas regarding consumer protection, immigration, international trade, patents, bankruptcies, foreign litigation, and general tort claims involving admiralty, aviation, toxic substances, and the commercial activities of the government.

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