34
Factors to Consider Prior to Disclosure of
Intercepted
Communications in Civil Litigation
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Assistant United States Attorneys should ensure that their
efforts to use
intercepted communications are consistent with the disclosure
requirements of
Title III (at 18 U.S.C. § 2517), obtaining all appropriate
court orders, and
advising the court of the full scope of the proposed disclosure -
including the
names of all agents and other personnel who are intended recipients
of the
information. Assistant United States Attorneys must also take all
reasonable
steps to ensure that their actions will not compromise or
jeopardize any pending
or prospective criminal investigations, prosecutions, or other
actions in their
district or other districts.
While a requirement that the Criminal Division approve the use
in civil
litigation of communications intercepted pursuant to Title III was
rescinded in
June 1995, questions concerning the use of intercepted
communications in civil
litigation may still be referred to the Criminal Division's Office
of Enforcement
Operations, at (202) 514-6809. In addition, if the disclosure or
other use of
Title III information is intended to support civil forfeiture
proceedings,
questions concerning such disclosure/use may also be referred to
the Asset
Forfeiture and Money Laundering Section, at 514-1263.
[cited in Criminal Resource Manual 33] | |