Consumer complaint received 2019-09-23
Product: Mortgage — Other type of mortgage
Issue: Closing on a mortgage — 
Company: Mr. Cooper Group Inc. (NY)

Can not get a clear title Property because NationStar Mr.Cooper placed a False Proof of Claim in the Case>! 
XXXX XXXX XXXX, appearing pro se, as and for his OBJECTION to the Motion for relief filed by disinterested person Nationstar Mortgage, LLC d/b/a Mr. Cooper ( " Mr. Cooper '' ), dated XX/XX/XXXX and found at ECF Docket No. XXXX ( the " Motion '' ) respectfully submits the following Objections to this honorable court for its consideration : 1. Movant Mr. Cooper claims, falsely, that they are a secured creditor. However, 11 USC 101 ( 10 ) defines the term " creditor '' to mean : ( A  ) entity that has a claim against a debtor that arose at the time of or before the order for relief concerning the debtor ; or, ( B ) entity that has a claim against the estate of a kind specified in section 348 ( d ), 502 ( f ), 502 ( g ), 502 ( h ), 502 ( i ), ; or, ( C ) entity that has a community claim.

Furthermore, 11 USC 101 ( 14 define the tern " disinterested person '' to mean : ( A ) is not a creditor, an equity security holder, or an insider ; ( b ), is not and was not, within 2 years before the date of the filing of the petition, a director, officer, or employee of the debtor ; and, ( C ) does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity holders, by reason of any direct or indirect relationship to, connection with, or interest in, the debtor, or for any other reason. Debtor OBJECTS to the claim that Mr. Cooper is a creditor at all and OBJECTS further that he is secured, since no valid original Note or other security instrument exists between this debtor and Mr. Cooper or any other party. 
2. DISINTERESTED PERSON MR. COOPER 's FAILURE TO COMPLY WITH FRBP RULE 3001 : FRBP Rule 3001 requires Mr. Cooper to file a Proof of Claim, and the required supporting documentation which is subject to review and scrutiny of this court and the debtor, in order to be deemed a party in interest or creditor in this case. ( SEE : In re : XXXX, No. XXXX ( XXXX  ) XXXX XXXX. XXXX XXXX ( Bankr. XXXX. XXXX ) ). FRBP Rule 3001 in relevant parts to the Motion and this Objection provides that : " A Proof of Claim is a written statement setting forth a creditor 's claim. A Proof of Claim shall conform substantially to the appropriate Official Form. ( FRBP Rule 3001 ( a ) ). A Proof of Claim shall be executed by the CREDITOR or the creditor 's authorized agent except as provided in Rules 3004 and 3005. ( FRBP Rule 3001 ( b ) ). Regarding a claim in writing, as disinterested person Mr. Cooper has alleged here in the Motion despite, Mr. Cooper 's failure to file a proof of Claim, except for a Proof of Claim governed by paragraph ( 3 ) of this subdivision, when a claim, or an interest in property of the debtor securing the claim, is based on a writing, a copy of the writing ( as alleged by the disinterested arty here ), shall be filed with the Proof of Claim. If the writing has been lost or destroyed, a statement of the circumstances of the loss or destruction shall be filed with the claim. ( FRBP Rule 3001 ( c ) ( 1 ) ). However, no statement of circumstances was submitted here by disinterested person Mr. Cooper, only a statement of an unqualified person alleging the loss occurred without explanation on a self-styled and fraudulently contrived loss affidavit, which violates Rule 3001 ( c ) ( 1 ). 
In an individual debtor case, as here, FRBP Rule 3001 authorizes sanctions against disinterested persons such as Mr. Cooper, and their counsel Mr. XXXX, for failure to comply with the rule. If, in addition to its principal amount. a claim includes interest, fees, expenses or other charges incurred before the petition was filed, an itemized statement of the interest, fees, expenses, or charges shall be filed with the Proof of Claim. ( FRBP Rule 3001 ( c ) ( 2 ) ( A ) ). Mr. Cooper never filed the Proof of Claim including these schedules, as required under the Rule, in violation of FRBP Rule 3001 ( c ) ( 2 ) ( A ). therefore, the Motion itself is not properly before this court, as is necessary to have the motion 's merits considered. 
If a security interest is claimed in the debtor 's property, a statement of the amount necessary to cure any default as of the date of the petition shall be filed with the proof of claim. ( FRBP Rule 3001 ( c ) ( 2 ) ( B ) ). Yet none of these requirements were met by Mr. Cooper either. In fact, of all of the documents submitted with the motion by Mr. Cooper, none of them suffice, meet or supersede the requirements set forth in Rule 3001. The debtor OBJECTS to the validity of the Motion as a valid motion before the court on these grounds. 
If a security interest in claimed in property that is the debtor 's principal residence, as disinterested person Mr. Cooper has done here, the attachment prescribed by the appropriate Official Form shall be filed with a Proof of Claim. If an escrow account has been established in connection with the claim, an escrow account statement prepared as of the date the petition was filed and, in the form, consistent applicable nonbankrupt law shall be filed with the attachment to the Proof of Claim. ( FRBP Rule 3001 ( c ) ( 2 ) ( C ) ). Lacking the filing of ANY Proof of Claim, debtor OBJECTS to all of Mr. Coopers claims in his Motion and hereby shows that Mr. Cooper lacks standing to : pursue any relief through these proceedings or through the motion, seek the removal of the stay under 11 USC 362 ( d ) ( 1 ) or ( 4 ), and Mr. Cooper can not have the merits determined upon his motion for failure to adequately satisfy the requirements of Rule 3001. 
If the holder of a claim fails to provide any information required under Rule 3001, the court may, after notice and hearing, take either or both of the following action : ( 1 ) preclude the holder from presenting omitted information, in any form, as evidence in any contested matter or adversary proceeding in the case ( FRBP Rule 3001 ( c ) ( 2 ) ( D ) ( i ) ), or award other appropriate relief, including reasonable expenses and attorney 's fees caused by the failure. ( FRBP Rule 3001 ( c ) ( 2 ) ( D ) ( ii ) ).

Debtor OBJECTS to disinterested person Mr. Cooper 's failure to follow the Federal Rules of Bankruptcy Procedure in this case and avers that MR. Cooper is not a party in interest to this case. As, such Debtor hereby implores the court invoke the maximum sanctions allowed as set forth in FRBP Rule 3001 ( c ) ( 2 ) ( D ) ( i ) and ( ii ). Debtor intends to seek sanctions against Mr. Cooper pursuant to FRBP Rule 3001 ( c ) ( 2 ) ( D ) ( i ) and ( ii ) in a separate Motion. However, herein debtor OBJECTS to disinterested person Mr. Cooper 's Motion based upon the foregoing.

If a security interest in a property of the debtor is claimed, as disinterested person Mr. Cooper does in the Motion, the Proof of Claim must be accompanied by evidence that the security interest is perfected. ( FRBP Rule 3001 ( d ) ). Of course, since Mr. Cooper failed to comply with this section of Rule 3001 by failing to even file a Proof of Claim, the Motion is improperly before the court. Debtor OBJECTS to the validity of the motion, and to the motion being determined upon its merits based upon this failure by disinterested party Mr. Cooper to provide any valid authentication of perfection of a security instrument under that name which established any debtor/creditor relationship between the parties here. No creditor/ Debtor relationship exists between XXXX XXXX and disinterested person Mr. Cooper . 
3. Having failed to comply with ANY of the requirements set forth under FRBP Rule 3001 in this instance, and pursuant to definition under 11 USC 101 ( 14 ), Mr. Cooper is a disinterested party in this case lacking standing to file the instant Motion. Debtor therefore OBJECTS to the claim by Mr. Cooper to be a party of interest in these proceedings. 
4. Mr. Cooper is not, and can not be deemed to be, a " secured creditor '' as claimed in the Motion pursuant to Rule 3001 or 11 USC 101 ( 10 ) or ( 14 ). ( FRBP Rule 3001 ; 11 USC 101 ( 10 ) and ( 14 ) ). Debtor OBJECTS to the claim that Mr. Cooper is a secured creditor based upon these facts.

5. Mr. Cooper 's Motion seeks relief pursuant to 11 USC 362 ( d ) ( 1 ) and 11 USC 362 ( d ) ( 4 ). According to the statute : " On request of a PARTY IN INTEREST and after notice and a hearing, the court shall grant relief from the stay provided under subsection ( a ) of this section, such as by terminating, annulling, modifying or conditioning such stay : ( 1 ) for cause, including the lack of adequate protection of an interest in property of such party in interest. " ( 11 USC 362 ( d ) ( 1 ) ). Also, " with respect to a stay of an act against real property, under subsection ( a ), by a CREDITOR whose claim is secured by an interest in real property, if the court finds that the filing of the petition was part of a scheme to delay, hinder, or defraud creditors that involved either ( A ) transfer of all or part ownership of, or other interest in, such real property without the consent of the secured creditor or court approval ; or ( B ) multiple bankruptcy filings affecting such real property. '' ( 11 USC 362 ( d ) ( 4 ) ). However, disinterested party Mr. Cooper has failed to meet the requirements of filing or perfecting a Proof of Claim or security instrument and has failed to qualify as a PARTY IN INTEREST. Therefore, Mr. Cooper can not possibly be deemed to be having made a " request of a party of interest '' under the predicate requirement in 11 USC 362 ( d ) ( 1 ). By not satisfying the predicate element of being a " party in interest '' to file the Motion in the first place, and specifically, in lack of the existence of any Proof of Claim filed under Rule 3001, Mr. Cooper 's Motion CAN NOT be considered pursuant to section 362 ( d ) because Mr. Cooper does not satisfy the predicate requirement of being a " party in interest '' set forth in the statute to file the Motion as defined under 11 USC 101. Likewise, Mr. Cooper can not be deemed to be a Creditor at all since no creditor/Debtor relationship exists between his debtor and Mr. Cooper, and Mr. Cooper has failed to provide one single piece of evidence showing a creditor/debtor relationship exists between the parties involved. This negates Mr. Cooper 's ability to file as " creditor '', which is the predicate requirement under 11 USC 362 ( 4 ) necessary to seek relief. Based upon the foregoing, Debtor Objects to the Motion under section 362 ( d ) ( 1 ) and ( 4 ) because it seeks relief which can not be granted because the Movant fails to meet the requirements to be deemed a " party in interest '' or a " creditor '' as defined under Title 11. Therefore, disinterested person Mr. Cooper does not satisfy the predicate element requirements under 362, in any way, which would allow Mr. Cooper to file the motion in the first place.

6. In light of Mr. Cooper 's complete failure to provide a Proof of Claim under Rule 3001, the Motion again seeks relief which can not be granted under the statute and must be denied. Based upon the foregoing debtor OBJECTs to the Motion in its entirety.

7. Since MR. Cooper is indeed is NOT a Creditor, as defined under 11 USC 101 ( 10 ), his claim to be creditor is false. Debtor OBJECTS to Mr. Coopers false and misrepresentative characterization of itself as a creditor, made for the purposes of fraud upon the court and to defraud this debtor.

8. Mr. Cooper is indeed a disinterested person, as defined under 11 USC 101 ( 14 ), and as such seeks relief which can not be granted under section 362, because section 362 requires that the motion for relief must be filed by a " party in interest '' as defined under 11 USC 101. ( 11 USC 362 ( d ) ( 1 ) and ( 4 ) and, also : 11 USC ss 101 ( 10 ) ( 14 ) ). Debtor OBJECTS to the filing of the Motion by a disinterested person which was filed for the fraudulent purposes of obtaining debtor 's property when no debtor/creditor relationship exists.

9. Because Rule 3001 requires that a Proof of Claim be filed " in proper form and context '', and MR. Cooper failed to file one, the Motion must be denied pursuant to Rule 3001 ( a ). Debtor Objects to the motion based upon this deficiency. ( FRBP Rule 3001 ( a ) ).

10. Because Rule 3001 ( b ) requires that a Proof of Claim MUST BE EXECUTED BY THE CREDITOR or the CREDITOR 's agent, and Mr. Cooper has failed to do so, and the Motion must be denied.

11. Because Mr. Cooper 's claims to be a " secured creditor but has not filed a Proof of Claim or proof of security with that Proof of Claim, as required under Rule 3001 ( c ), Mr. Cooper 's Motion is non-compliant with the Federal Rules of Bankruptcy procedure and must be denied. Debtor OBJECTS to the filing of the Motion by Mr. Cooper in the improper form and context in violation of FRBP Rule 3001 ( c ).

12. Because Mr. Cooper, by and through their attorney XXXX XXXX fail to meet any of the requirements of FRBP Rule 3001 ( a ), ( b ), ( c ) ( 1 ) and ( 2 ) and ( 2 ) ( A-C ), the motion must be denied. ( FRBP Rule 3001 ( a ), ( b ), ( c ) ( 1 ) and ( 2 ) ( a-c ) ).

13. Since Debtor is entitled to sanctions against disinterested party Mr. Cooper for failure to comply with Rule 3001 and 11 USC ss 362 ( d ) ( 1 ) and ( 4 ), the motion must be denied.

14. Disinterested person Mr. Cooper 's Motion, as stated on its face, was made under FRBP Rule 4001. 
15. FRBP Rule 4001 is governed by FRBP Rule 9014. Rule 9014 pertains to contested matters as those which appear here in the Motion, between debtor XXXX  and disinterested person Mr. Cooper.

16. Rule 9014 provided that : " Testimony of witnesses with respect to disputed material factual issues shall be taken in the same manner as testimony in an adversarial proceeding '' ( FRBP Rule 9014 ( d ) ). Also, " The court shall provide procedures that enable parties to ascertain a reasonable time before any scheduled hearing, whether the hearing will be an evidentiary hearing at which witnesses may testify ''. ( FRBP Rule 9014 ( e ) ). 
17. Debtor XXXX respectfully requests and hereby implores the court to instigate procedures set forth under FRBP Rule 9014 ( d ) and ( XXXX ) at this time, because it is the intent of the debtor to call witnesses, including alleged signatory of documents submitted by Mr. Cooper, to testify before the court, through subpoena if necessary, to adjudicate and determine the veracity of the documents and statements made by Mr. XXXX speaking for Mr. Cooper and others involved in the claims presented by Mr. Cooper in the Motion. Debtor has already determined and established that many of the signatures on the documents presented by Mr. Cooper to this court as authentic were forgeries or made by unreal persons and persons without authority to make the assignments relied upon by Mr. Cooper, in the scheme and artifice to defraud this debtor perpetrated by Mr. Cooper, Mr. XXXX and others. 

18. Because Mr. Cooper 's motion fails to satisfy the foregoing requirements of FRBP Rule 4001, 9014, 3001 and 11 USC 362, and 11 USC 101 ( 10 ), the court must deny the Motion on these grounds before it reaches any merits determinations on the Motion. Debtor OBJECTS to the Motion as being non-compliant with the statutory requirements and procedural Rule requirements set forth in the foregoing. 
19. Mr. Cooper 's reliance upon a lost note affidavit in the submitted supplemental documentation attached to the motion is noncompelling and invalid. New York State UCC law governs the lost note requirements in New York Bankruptcy cases. Because Mr. Cooper is relying upon a " lost note affidavit '' to prove its " secured creditor '' status to this court without complying with the requirements of NY UCC 3-804, Mr. Cooper lacks standing to pursue any actions in this case. The restrictions of res judicata forbid Mr. Cooper form relitigating this fact. In previous cases this very court already informed  Mr. XXXX that it could not rule in favor of XXXX 's previous co-conspirators and co-schemers upon their Motion for relief from stay, namely XXXX Investors, XXXX, Seterus and Mr. Cooper and others, because they ALL failed to provide this court with security bond for indemnification in at least twice the amount of the claim as required under NY UCC 3-804 ( SEE : NY UCC 3-804 ). XXXX and Mr. Cooper lacked standing to have the stay removed then, and they do now, upon the same grounds. Debtor OBJECTS to disinterested person Mr. Cooper 's attempt to relitigate their lack of standing due to non-compliance with NY UCC 3-804, and requests that XXXX and Mr. Cooper 's motion be denied, with prejudice, based upon their schemes and false claims. Debtor asserts that Mr. Cooper can not obtain bond in order to comply with NY UCC 3-804 because their claims and supporting documents are forged and fraudulent, and that the bonding and insurance companies, being aware of this fact, can not legally endorse a bond based under those circumstances. See Exhibit ( A ) Transcripts XXXX XXXX XXXX on XX/XX/XXXX Page 21 lines 14-25 and page 22 lines 1-6 WHEREFORE, as set forth and supported above, based upon : 1 ) Mr. Cooper 's lack of standing as a creditor ; 2 ) Mr. Cooper 's lack of security to be deemed a secured creditor ; 3 ) Mr. Cooper 's failure to comply with the requirements of statutes and Federal Rules of Bankruptcy Procedure, as specified above ; 4 ) Mr. Cooper 's status as a disinterested person as defined under 11 USC 101 ( 14 ) ; and, 5 ) the fact that the Motion state a claim and seeks relief which can not be granted, 6 ) the fact that a merits determination can not be made due to non-compliance with the Rules and Procedures as set forth above ; 7 ) Mr. Coopers restrictions pursuant to the principal of res judicata concerning NY UCC 3-804 the debtor respectfully requests that this honorable court : 8 ) deny Mr. Cooper 's Motion, with prejudice ; 9 ) invoke the sanctions authorized under Rule 9014 ( d ) to their maximum ; 10 ) forbid any further submission of evidence of any claim by Mr. Cooper and/or Mr. XXXX, pursuant to Rule 9014 ( d ) ( 2 ) ; and, 11 ) Provide any other relief to the debtor that this court may deem just and proper.

I, XXXX XXXX born XX/XX/XXXX swear under the penalty of perjury that that my identity is as fore stated and is verified by the following witnesses or notary public. Furthermore, I agree to indemnify and hold anyone who uses this document to verify my identity harmless from any and all liabilities it may incur due to the reliance upon my statements. 
Respectfully submitted XX/XX/XXXX, I XXXX XXXX XXXX, appearing pro XXXX, do hereby affirm that the foregoing is truthful and correct to the best of my knowledge and belief, under penalty of perjury. See 28 U.S. Code 1746 ( 1 ) FRAUD BY XXXX XXXX : Title 18 USC 157 Bankruptcy fraud provides that : A person who, having devised or intending to devise a scheme or artifice to defraud and for the purpose of executing or concealing such a scheme or artifice or attempting to do so -- ( 1 ) files a petition under Title 11 ; or ( 2 ) files a document proceeding under Title 11 ; or ( 3 ) makes a false or fraudulent representation, claim or promise concerning or in relation to a proceeding under Title 11, at any time before or after the filing of the petition, or in relation to a proceeding falsely asserted to be pending under such title, shall be fined under this title, imprisoned not more than 5 years, or both.

Title 18 USC 1014 Loan and credit applications generally ; renewals and discounts ; crop insurance provides that : Whoever knowingly makes any false statement or report, or willfully overvalues any land, property or security, for the purpose of influencing in any way the action of ... a Federal Reserve Bank ..., any institution insured by the Federal Deposit insurance Corporation ... or a mortgage lending business, or any person or entity that makes in whole or in part a federally related mortgage loan, as defined in the Real Estate Settlement Procedures Act of 1974 [ 12 USC 2602 ], upon any application, advance, discount, purchase, purchase agreement, commitment, loan ... or any change or extension of any of the same, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefore, shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years or both. 
Title 18 USC 1016 Acknowledgment of appearance or oath provides that : Whoever being an officer authorized to administer oaths or to take and certify acknowledgments, knowingly makes any false acknowledgement, certificate, or statement concerning the appearance before him or the taking of an oath or affirmation by any person with respect to any proposal, contract, bond, undertaking, or other matter submitted to, made with, or taken on behalf of the united States or by any Department or Agency thereof, concerning which an oath or affirmations required by law or lawful regulation, or with respect to the financial standing of any principal, surety, or other party to any such proposal, contract, bond, undertaking, or other instrument, shall be fined under this Title or imprisoned not more than two years, or both.

Title 18 USC 1018 Official certificates or writings provides that : Whoever being a public officer or other person authorized by any law of the United States to make or give a certificate or other writing, knowingly makes and delivers as true such a certificate or writing, containing any statement which he knows to be false, in a case where the punishment thereof is not elsewhere expressly provided by law, shall be fined under this Title or imprisoned not more than 1 year, or both.

Title 18 USC 1021 Title records provides that : Whoever, being an officer or other person authorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be recorded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this Title or imprisoned not more than 5 years, or both.

Title 18 USC 1341 Frauds and swindles provides that : Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice to defraud or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives there from, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this Title or imprisoned not more than 20 years, or both.

T
itle 18 USC 1343 Fraud by wire, radio, or television provides that : Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, television communication in interstate commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this Title or imprisoned not more than 20 years, or both.

Title 18 USC 1349 Attempt and conspiracy provides that : " Any person who attempts or conspires to commit any offense under this Chapter shall be subject to the same penalties as those prescribed for the offense of which was the object of or intent of the conspiracy.

Title 18 USC 1021 Title records provides that : " Whoever, being an officer of the court [ i.e. attorney ] or other person authorized by any law of the United States to record a conveyance or any other instrument which by such law may be recorded, knowingly certifies that such conveyance or instrument has or has not been recorded, shall be fined under this title or imprisoned not more than 5 years, or both.

Title 18 USC 1962 Prohibited activities provides that : ( a ) It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity or through collection of an unlawful debt in which such person has participated as a principal within the meaning of section 2, title 18, United States Code, to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce. A purchase of securities on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this subsection if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any pattern or racketeering activity or the collection of an unlawful debt after such purchase do not amount in the aggregate to one percent of the outstanding securities of any one class, and do not confer, either in law or in fact, the power to elect one or more directors of the issuer.

( b ) It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.

( c ) It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprises affairs through a pattern of racketeering activity or collection of unlawful debt.

( d ) It shall be unlawful for any person to conspire to violate any of the provisions of subsection ( a ), ( b ), or ( c ) of this section.

Title 18 USC 3057 Bankruptcy investigations provides that : ( a ) Any judge, receiver, or trustee having reasonable grounds for believing that any violation under chapter 9 of this title or other laws of the United States relating to insolvent debtors, receiverships or reorganization plans has been committed, or that an investigation should be had in connection therewith, shall report to the appropriate United States attorney all the facts and circumstances of the case, the names of the witnesses and the offense or offenses believed to have been committed. Where one of such officers has made such report, the others need not do so.

( b ) The United States attorney thereupon shall inquire into the facts and report thereon to the judge, and if it appears probable that any such offense has been committed, shall without delay, present the matter to the grand jury, unless upon inquiry and examination he decides that the ends of public justice do not require investigation or prosecution, in which case he shall report the facts to the Attorney General for his direction. 

Title 28 USC 524 Judiciary and Judicial Procedure provides that : ( a ) Appropriations for the Department of Justice are available to the Attorney General for payment of -- ( 1 ) notarial fees, including such additional stenographic services as are required in connection therewith in the taking of depositions, and compensation and expenses of witnesses and informants, all at the rates authorized or approved by the Attorney General or the Assistant Attorney General for Administration ; and ( 2 ) when ordered by the court, actual expenses of meals and lodging for marshals, deputy marshals, or criers when acting as bailiffs in attendance on juries. 
( b ) Except as provided in subsection ( a ) of this section, a claim of not more than {$500.00} for expenses related to litigation that is beyond the control of the Department may be paid out of appropriations currently available to the Department for expenses related to litigation when the Comptroller General settles the payment.

( c ) ( 1 ) There is established in the United States Treasury a special fund to be known as the Department of Justice Assets Forfeiture Fund ( hereafter in this subsection referred to as the Fund ) which shall be available to the Attorney General without fiscal year limitation for the following law enforcement purposes -- ( A ) the payment, at the discretion of the Attorney General, of any expenses necessary to seize, detain, inventory, safeguard, maintain, advertise, sell, or dispose of property under seizure, detention, or forfeited pursuant to any law enforced or administered by the Department of Justice, or of any other necessary expense incident to the seizure, detention, forfeiture, or disposal of such property including -- ( i ) payments for -- ( I ) contract services ; ( II ) the employment of outside contractors to operate and manage properties or provide other specialized services necessary to dispose of such properties in an effort to maximize the return from such properties ; and ( III ) reimbursement of any Federal, State, or local agency for any expenditures made to perform the functions described in this clause ; ( ii ) payments to reimburse any Federal agency participating in the Fund for investigative costs leading to seizures ; ( iii ) payments for contracting for the services of experts and consultants needed by the Department of Justice to assist in carrying out duties related to asset seizure and forfeiture ; and ( iv ) payments made pursuant to guidelines promulgated by the Attorney General if such payments are necessary and directly related to seizure and forfeiture program expenses for ( I ) the purchase or lease of automatic data processing systems ( not less than a majority of which use will be related to such program ) ; ( II ) training ; ( III ) printing ; ( IV ) the storage, protection, and destruction of controlled substances ; and ( V ) contracting for services directly related to the identification of forfeitable assets, and the processing of and accounting for forfeitures ; ( B ) the payment of awards for information or assistance directly relating to violations of the criminal drug laws of the United States or of chapter 77 of title 18, sections 1956 and 1957 of title 18, sections 5313 and 5324 of title 31, and section 6050I of the Internal Revenue Code of 1986 ; ( C ) at the discretion of the Attorney General, the payment of awards for information or assistance leading to a civil or criminal forfeiture involving any Federal agency participating in the Fund ; ( D ) the compromise and payment of valid liens and mortgages against property that has been forfeited pursuant to any law enforced or administered by the Department of Justice, subject to the discretion of the Attorney General to determine the validity of any such lien or mortgage and the amount of payment to be made, and the employment of attorneys and other personnel skilled in State real estate law as necessary ; ( E ) ( i ) for disbursements authorized in connection with remission or mitigation procedures relating to property forfeited under any law enforced or administered by the Department of Justice ; and ( ii ) for payment for ( I ) costs incurred by or on behalf of the Department of Justice in connection with the removal, for purposes of Federal forfeiture and disposition, of any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine ; and ( II ) costs incurred by or on behalf of a Stat