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Executive Orders Historical Archive
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Executive Order 13271 Revoked 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.52) 📜 Art. I §8: Delegated Tariff & Commerce Execution

Executive Order 13271—Establishment of the Corporate Fraud Task Force

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Tuesday, July 9, 2002
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4 min read (834 words)
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67 Fed. Reg. 46091

Executive Brief • At a Glance

⏱️ 4 min read (834 words) • ● Revoked
🎯 Primary Mandate

Subject to section 4 of this order, the Task Force shall have the following members: (a) the Deputy Attorney General, who shall serve as Chair; (b) the Assistant Attorney General (Criminal Division); (c) the Assistant Attorney General (Tax Division); (d) the Director of the Federal Bureau of Investigation; (e) the United States Attorney for the Southern District of New York; (f) the United States Attorney for the Eastern District of New York; (g) the United States Attorney for the Northern District of Illinois; (h) the United States Attorney for the Eastern District of Pennsylvania; (i) the United States Attorney for the Central District of California; (j) the United States Attorney for the Northern District of California; (k) the United…

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Financial Institutions & Monetary Authorities

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

Signed by President George W. Bush on July 9, 2002, this order concerns Establishment of the Corporate Fraud Task Force. The Attorney General shall immediately establish within the Department of Justice a Corporate Fraud Task Force (Task Force). Without regard to any other provision of this order, the Task Force shall be subject to the authority of the Attorney General under applicable law. Sec. 2. Membership and Operation.

Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.

Key Directives & Operative Actions

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Membership and Operation

Subject to section 4 of this order, the Task Force shall have the following members: (a) the Deputy Attorney General, who shall serve as Chair; (b) the Assistant Attorney General (Criminal Division); (c) the Assistant Attorney General (Tax Division); (d) the Director of the Federal Bureau of Investigation; (e) the United States Attorney for the Southern District of New York; (f) the United States Attorney for the Eastern District of New York; (g) the United States Attorney for the Northern District of Illinois; (h) the United States Attorney for the Eastern District of Pennsylvania; (i) the United States Attorney for the Central District of California; (j) the United States Attorney for the Northern District of California; (k) the United…

▪
Functions

Consistent with the constitutional authority of the President, the authorities assigned to the Attorney General by law, and other applicable law, the Task Force shall: (a) provide direction for the investigation and prosecution of cases of securities fraud, accounting fraud, mail and wire fraud, money laundering, tax fraud based on such predicate offenses, and other related financial crimes committed by commercial entities and directors, officers, professional advisers, and employees thereof (hereinafter "financial crimes"), when such cases are determined by the Deputy Attorney General, for purposes of this order, to be significant; (b) provide recommendations to the Attorney General for allocation and reallocation of resources of the…

▪
Additional Participation for Specified Functions

In the Task Force's performance of the functions set forth in subsection 3(c) of this order, and to the extent permitted by law, the following officers of the executive branch shall be members of the Task Force in addition to such other officers of the Federal Government as the Deputy Attorney General deems appropriate: (a) the Secretary of the Treasury; (b) the Chairman of the Securities and Exchange Commission; (c) the Chairman of the Commodities Futures Trading Commission; (d) the Chairman of the Federal Energy Regulatory Commission; and (e) the Chairman of the Federal Communications Commission.

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Termination

The Task Force shall terminate when directed by the President or, with the approval of the President, by the Attorney General.

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Financial Institutions & Monetary Authorities

Policy Areas & Topics

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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

🏛️✅ Zone 1 (Maximum Authority)
§

"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM

James Madison

Separation of Powers & Legislative Primacy

"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)

Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.

Madisonian Stance: Concurring (Statutory)
AH

Alexander Hamilton

The Energetic Executive & Unified Command

"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)

Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.

Hamiltonian Stance: Supportive of Execution
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)

The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.

Anti-Federalist Stance: Eternal Vigilance Required
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Five Measurable "Constitutional Friction" Dimensions

An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.

⚖️ Discretionary Twilight Zone
48 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

High Friction

Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

Engages state and local partners in cooperative federalism programs.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments

Due Process & Individual Rights

Moderate Friction

Applies regulatory or compliance standards to private contractors or commercial entities.

Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers

Youngstown Jacksonian Tier

Low Friction

The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.

Benchmark: Express or Implied Congressional Authorization
⚖️ Audit Synthesis

This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.

Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
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How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
834
5,398 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
24
Post-Graduate Legal
Language Tone Score
+0.52
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to strengthen the efforts of the Department of Justice and Federal, State, and local agencies to investigate and prosecute significant financial crimes, recover the proceeds of such crimes, and ensure just and effective punishment of those who perpetrate financial crimes, it is hereby ordered as follows:

Section 1. #sec-1

Establishment. The Attorney General shall immediately establish within the Department of Justice a Corporate Fraud Task Force (Task Force). Without regard to any other provision of this order, the Task Force shall be subject to the authority of the Attorney General under applicable law.

Sec. 2. #sec-2

Membership and Operation. Subject to section 4 of this order, the Task Force shall have the following members: (a) the Deputy Attorney General, who shall serve as Chair; (b) the Assistant Attorney General (Criminal Division); (c) the Assistant Attorney General (Tax Division); (d) the Director of the Federal Bureau of Investigation; (e) the United States Attorney for the Southern District of New York; (f) the United States Attorney for the Eastern District of New York; (g) the United States Attorney for the Northern District of Illinois; (h) the United States Attorney for the Eastern District of Pennsylvania; (i) the United States Attorney for the Central District of California; (j) the United States Attorney for the Northern District of California; (k) the United States Attorney for the Southern District of Texas; and (l) such other officers or employees of the Department of Justice as the Attorney General may from time to time designate. The Deputy Attorney General shall convene and direct the work of the Task Force in fulfilling all its functions under this order. The Deputy Attorney General may permit, when he deems it appropriate, the designee of a member of the Task Force, including those designated under section 4 of this order, to participate in lieu of the member. The Deputy Attorney General shall convene the first meeting of the Task Force within 10 days of the date of this order and shall thereafter convene the Task Force at such times as he deems appropriate.

Sec. 3. #sec-3

Functions. Consistent with the constitutional authority of the President, the authorities assigned to the Attorney General by law, and other applicable law, the Task Force shall: (a) provide direction for the investigation and prosecution of cases of securities fraud, accounting fraud, mail and wire fraud, money laundering, tax fraud based on such predicate offenses, and other related financial crimes committed by commercial entities and directors, officers, professional advisers, and employees thereof (hereinafter "financial crimes"), when such cases are determined by the Deputy Attorney General, for purposes of this order, to be significant; (b) provide recommendations to the Attorney General for allocation and reallocation of resources of the Department of Justice for investigation and prosecution of significant financial crimes, recovery of proceeds from such crimes to the extent permitted by law, and other matters determined by the Task Force from time to time to be of the highest priority in the investigation and prosecution of such crimes; and (c) make recommendations to the President, through the Attorney General, from time to time for: (i) action to enhance cooperation among departments, agencies, and entities of the Federal Government in the investigation and prosecution of significant financial crimes; (ii) action to enhance cooperation among Federal, State, and local authorities responsible for the investigation and prosecution of significant financial crimes; (iii) changes in rules, regulations, or policy to improve the effective investigation and prosecution of significant financial crimes; and (iv) recommendations to the Congress regarding such measures as the President may judge necessary and expedient relating to significant financial crimes, or the investigation or prosecution thereof.

Sec. 4. #sec-4

Additional Participation for Specified Functions. In the Task Force's performance of the functions set forth in subsection 3(c) of this order, and to the extent permitted by law, the following officers of the executive branch shall be members of the Task Force in addition to such other officers of the Federal Government as the Deputy Attorney General deems appropriate: (a) the Secretary of the Treasury; (b) the Chairman of the Securities and Exchange Commission; (c) the Chairman of the Commodities Futures Trading Commission; (d) the Chairman of the Federal Energy Regulatory Commission; and (e) the Chairman of the Federal Communications Commission.

Sec. 5. #sec-5

Internal Management Purpose. This order is intended to improve the internal management of the Federal Government. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity or otherwise against the United States, its departments, agencies, entities, instrumentalities, officers, or employees, or any other person.

Sec. 6. #sec-6

Termination. The Task Force shall terminate when directed by the President or, with the approval of the President, by the Attorney General. GEORGE W. BUSH The White House, July 9, 2002. [Filed with the Office of the Federal Register, 11:15 a.m., July 10, 2002]

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Referenced By Later Executive Orders (2)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

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Scholarly & Legal Citations

Exec. Order No. 13,271, 67 Fed. Reg. 46,091 (July 9, 2002).