Indictments
A principal function of the modern federal grand jury is to decide whether to approve, or "return," an indictment charging federal felony violations (indictments containing felony charges may contain misdemeanor charges as well). To make that decision, the grand jury must determine whether a crime has been committed, and if the individual charged in the indictment committed it. Indictments may be found only upon the concurrence of twelve or more jurors. If it votes in favor of the indictment, the foreperson, or in his or her absence the deputy foreperson, must sign the indictment and complete the record of the number of jurors concurring. The indictment may be filed before a federal district judge or magistrate judge, and absent a reason for sealing, must be filed in open court. The foreperson must file the record of concurring jurors with the clerk, who must keep it secret unless the court orders disclosure.
When fewer than 12 jurors vote in favor of a proposed indictment, the result is called returning a "no true bill" or a "no bill". If the grand jury returns a no true bill as to a defendant against whom a complaint or information is pending, the foreperson is required to report that action to a federal magistrate in writing forthwith.
If a grand jury refuses to indict, the prosecutor may resubmit evidence to a different grand jury. However, once a grand jury declines to return an indictment on the merits, Department policy requires the approval of the responsible United States Attorney prior to re-submission.