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34. Factors To Consider Prior To Disclosure Of Intercepted Communications In Civil Litigation

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that the Criminal Division approve the use in civil litigation of communications intercepted pursuant to Title III was rescinded in June 1995, questions concerning the use of intercepted communications in civil litigation may still be referred to the Criminal Division's Office of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]

Updated May 19, 2015