702
Use of Relocated Witnesses or Former Protected
Witnesses
as Informants
|
See USAM 9-21.800.
The following information must be supplied to OEO for its use in
evaluating requests to use anyone as an informant who has received
protective
services through the Program.
- Name of person to be used as informant;
- Alias(es) used by the proposed informant;
- Approval of appropriate headquarters official of concerned agency;
- If the informant is not the witness, what is the relationship of the
informant to the witness, and name the witness;
- Identifying data on the informant, including date of birth, place of
birth,
sex, social security number, FBI number, and BOP registration number;
- Informant's employment; if unemployed, how informant is subsisting; and
extent the proposed activity may jeopardize the informant's livelihood;
- Name(s) of target(s) of investigation and role in the activities under
investigation;
- Significance and/or scope of the criminal activity and target(s);
- Informant's relationship or association with the target(s) under
investigation;
- Necessity of utilizing the informant in the investigation, including
details about the nature of the use being requested;
- Consideration of alternatives to informant's use and indication of why
they
will not work;
- Detailed account of informant's involvement in criminal activity
subsequent
to being approved for the Witness Security Program;
- Appraisal of whether proposed use centers on informant's new criminal
involvement, and how informant is aware of new criminal activity;
- The benefit that the informant expects in return for his/her
cooperation;
- Statement about whether informant activity is expected to require the
informant to testify;
- Indication about whether witness completed testimony in case in which
he/she was placed into the Program;
- Details about other agencies' use of informant since relocation;
- Supervision status of informant - if on probation, supervised release,
or
pretrial supervision, the prior approval of the Court - through the U.S.
Probation or Pretrial Services Officer - must be obtained. If the witness
is on
parole, approval of the U.S. Parole Commission must be obtained through the
U.S.
Probation Officer;
- Security measures to be taken to ensure informant's safety and to
minimize
risk to the public;
- Use of electronic devices, body wires, video, etc.;
- Length of time the informant is to be needed;
- Whether the informant is incarcerated; and if so, whether prosecutor
and/or
judge should be advised;
- If the witness is a prisoner, where incarcerated;
- Whether the prisoner/informant will remain in custody of the
investigative
agency, be housed in jails or similar facilities at certain times, or be
unguarded;
- Whether a prison redesignation will be necessary upon completion of
informant activity;
- If applicable, whether activity has been endorsed by appropriate
Federal/State prosecutor; if so, name, telephone number, and location of
prosecutor;
- Whether informant activity will require submission of new Program
request
and subsequent relocation; and
- Whether the informant is expected to be charged/ indicted in this
investigation.
[cited in USAM 9-21.800] | |