- Identification of the Witness.
Name, address, date
and place of birth, sex, race, citizenship, and FBI or state identification
numbers of witness. Attach copies of witness's record of arrests and
convictions, if any.
- Significance of the Case(s).
Importance of the case(s), and
names, locations and importance of prospective defendants, as well as the
expected effect on the community by convicting the defendants. Describe the
illegal organization in which the defendants are participants and their
respective roles. Defendants' arrest and conviction records must be
attached.
U.S. Attorney's Office (USAO) numbers for all cases in which the witness is
expected to testify must be included, along with an indication as to whether
the case is an Organized Crime Drug Enforcement Task Force case.
- Expected Testimony of the Witness.
A summary of the testimony
to be provided by the witness, as well as why it is significant and
essential to a successful prosecution. Copies of indictments, complaints,
prosecutive memoranda, etc., must be attached fully describing the nature of
the case. List all cases in which the witness is expected to testify. List
all agencies that may make use of the witness's information.
- Trial Dates.
A realistic estimate of the trial date and trial
completion date (with respect to each trial in which the witness is expected
to testify).
- Other Witnesses.
The names of individuals for whom witness
protection has previously been approved in connection with the same
prosecution; also, the names and locations of any other individuals
connected with this case prosecution likely to be placed in the Program. If
there are other witnesses involved in the prosecution whose participation in
the Program will be requested, provide a separate narrative regarding each
witness's specific testimony and why each witness is essential and unique.
- Threat.
A comprehensive and specific recitation of the danger
to the witness. List all individuals known or believed by the USA and
investigative agent to pose a threat to the witness. Include complete names
and addresses and request the investigative agency to forward photographs of
each, if available, to OEO. If not available, so indicate. Include any
individuals incarcerated who may pose a threat to the witness in prison and
upon the witness's release. Additionally, the investigative agency must
submit a report concerning the danger to the witness to its Washington,
D.C., headquarters for review. The agency's headquarters will forward the
report, along with its recommendation as to whether the witness should
receive Program services, to OEO.
- Members of Witness's Household.
List by name, date and place
of
birth, and relationship to the witness, those persons recommended for
relocation.
- Medical Problems.
A complete recitation of all medical
problems
experienced by the witness and members of his/her household, including any
history of drug (legal or illegal) or alcohol abuse.
- Parole/Probation.
Indicate any parole or probation
restrictions
for the witness and members of his/her household. If the witness and/or any
household members are on State parole or probation, jurisdiction must be
transferred to the United States Parole Commission (USPC). In order to
effect the transfer, the appropriate State authorities must provide written
consent to the jurisdiction change. A form will be provided to the
prosecutor for the State to sign, which the State should send to the person
at the USPC named on the form. It is the responsibility of the prosecutor
or agent to provide the form to State authorities. Note: If a State is
unable or unwilling to completely transfer supervision and jurisdiction of
the witness to the USPC, the Program application will be denied.
- For an individual on State parole, the following documents must be
obtained by the prosecutor or investigative agency and forwarded to the USPC
before relocation can occur:
- Pre-sentence or background report detailing the circumstances of the
instant offense and prior criminal conviction history;
- A sentence data record indicating the type and length of sentence
imposed by the State court;
- A signed parole or release certificate; and
- All available institutional materials such as progress reports and
classification materials.
- For a State probationer, the following documents must be obtained:
- Pre-sentence or background report providing a description of the
instant offense and prior criminal conviction history;
- The Order of Probation from the State court indicating the sentence or
probation imposed; and
- Signed conditions of release and any other pertinent materials.
- In addition, in order to comply with the provisions of the Witness
Security Reform Act of 1984, the following information must be supplied for
all witnesses:
- The possible danger the witness and/or adult family members pose to
other persons or property in the relocation area if placed in the Program,
with complete explanation.
- Whether or not the need for the witness's testimony outweighs the risk
of danger the witness or adult family members may pose to the public and
why.
- What alternatives to Program use were considered and why they will
not work.
- Whether there are any child custody problems associated with the
relocation of the witness or adult family members.
- It is the responsibility of the prosecutor or case agent to obtain
the necessary court orders or affidavits concerning child custody. If the
non-Program parent cannot be found, the case agent must submit an affidavit
advising that a thorough search for the individual was conducted and he/she
could not be located. All above-mentioned child custody required documents
must be submitted to OEO or to the USMS prior to the child being relocated.
- An individual entering the Program must have court-ordered custody
of a child in order for the child to enter the Program. If the child's
non-Program natural parent has court-ordered visitation rights with that
child, that parent would have to agree (via affidavit), to the child being
relocated, the child's name being changed, and modification of the existing
visitation arrangements in accordance with the USMS visitation requirements,
which allow twelve visits per year (usually one per month). The USMS will
arrange for these court-ordered visits and pay the travel costs associated
with the visits. If the non-Program parent does not have court-ordered
visitation rights, the parent needs to be notified, and must execute an
affidavit confirming notification, that his/her child is being relocated and
receiving a name change. If the non-Program parent is unapproachable
(either a defendant in the investigation or dangerous), then notification
can be waived by OEO until after relocation of the child. If the
non-Program parent who has court-ordered visitation rights is
unapproachable, as indicated above, a Federal court order must be
obtained, which would allow the child to be relocated. However, if the
non-Program
parent chooses to fight the order through the State courts and wins custody,
the child will not be allowed to remain in the Program.