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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 The request will then be submitted to DOJ, along with the FBI's recommendation. See 28, Code of Federal Regulations (C.F.R.) 50.15(c). | **EEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 9-3.2 |Deleted| **EFEDte: 10/09/2001 MCRT#: 1159 Div: D9 Cav: SecCls: 9-3.3 |Deleted| **EFEDte: 10/09/2001 MCRT#: 1159 Div: D9 Cav: SecCls: 9-3.4 |Moved to 9-5| **EFEDte: 10/09/2001 MCRT#: 1159 Div: D9 Cav: SecCls: 9-3.5 |Revised and Moved to 9-3.1.1| **EFEDte: 10/09/2001 MCRT#: 1159 Div: D9 Cav: SecCls: 9-4 |CRIMINAL LIABILITY FBI employees can be prosecuted for the violation of state or federal criminal statutes. If criminal proceedings are instituted in state court against an employee for conduct associated with that employee's duties as an FBI employee, the FBI employee may request DOJ representation (see 9-5 infra) and the proceeding may be removed to federal court by DOJ pursuant to Title 28, USC, Section 1442, if there is a colorable federal defense to the criminal charge. In all other instances of criminal prosecution in either state or federal court, employees will be responsible for providing their own legal defense. **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 9-5 | LEGAL REPRESENTATION (See 9-4 and MIOG, Part 1, 197-4.) (1) A federal employee may be provided representation in civil, criminal and Congressional proceedings in which he/she is sued, subpoenaed, or charged in his/her individual capacity. Such representation may be provided by DOJ, or by private counsel at government expense (as determined by DOJ), when the employee's actions reasonably appear to have been performed within the scope of the employee's employment, and where representation is in the interest of SE Printed: 05/05/2004 13:08:54 Page 4 '