The prosecutor makes his determination based on the priority of the case from the investigating agency. So if the FBI has a high priority case, or the DEA, or the ATF, or other federal agencies have high priority crimes, those are the ones that are most likely to get prosecuted first. And that basically comes down from the Attorney General’s Office. Mostly the Department of Justice determines which cases are most critical to enforcement, and the energy is placed there. So ultimately, the U.S. Attorney’s Office prosecutes cases based on their level of importance to the Federal Government.
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