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In re Prosecution of Crawley

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Argued June 2, 2009

Before GLICKMAN, KRAMER, and OBERLY, Associate Judges.

The Procurement Reform Amendment Act of 1998 (“the false claims statute”) provides that anyone who submits a false claim to the District of Columbia shall be imprisoned not more than a year and fined not more than $100,000 for each violation. D.C. Code § 2-308.21 (except as otherwise indicated, we refer to the 2001 edition of the Code). The false claims statute vests the responsibility to enforce violations of this statute with the Office of the Attorney General for the District of Columbia (“the OAG”). The court must decide whether this assignment of prosecutorial authority is valid. We hold that it is not.

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