Civil Division

        The Civil Division represents the United States in all civil litigation involving the federal government in the Western District of Arkansas. The U.S. Attorney for the Western District of Arkansas can be served with civil litigation papers by mailing a copy by certified mail to the designated Civil Process Clerk at:

414 Parker Avenue, Fort Smith, AR 72901.

        The Civil Division defends the interests of the United States in cases where federal agencies are sued for alleged conduct by their officers or employees. These defensive matters include actions seeking monetary damages for personal injury, medical malpractice, employment discrimination, judicial review of agency decisions, such as Social Security disability cases, and actions for injunctive relief, which challenge a federal agency's compliance with federal law or the Constitution.

        In addition to its defensive role, the Civil Division brings affirmative litigation on behalf of the United States. These cases seek monetary reimbursement, penalties, and damages pursuant to the False Claims Act, where persons or entities have made false claims to a federal agency. An example of such action would include false statements made to Medicare or Medicaid by health care organizations. Other affirmative litigation includes mortgage foreclosures on behalf of the Departments of Agriculture and Housing and Urban Development, negligence actions, land condemnation, affirmative environmental cases, and litigation conducted under the Fair Housing Act and the Americans With Disabilities Act (ADA).

       The Financial Litigation Unit, which falls under the Civil Division, pursues debts incurred as a result of criminal judgments to include special assessments, restitution and fines as well as civil penalties and other civil judgments, including defaulted Department of Education loans. The collected criminal assessments and fines are deposited into the nationwide Crime Victims Fund and a portion of that fund is then returned back to the states for distribution to victims of crime.

        The Civil Division also processes requests for information under the Freedom of Information Act, represents the federal government in commercial litigation cases such as bankruptcy and foreclosure matters involving the United States as a creditor or lien holder, secures forfeiture of property used in criminal activities, and represents individual government employees when they are sued in connection with their federal employment.