Procedures for Securing Witness Protection
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.
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.
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.
A realistic estimate of the trial date and trial completion date (with respect to each trial in which the witness is expected to testify).
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.
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.
List by name, date and place of birth, and relationship to the witness, those persons recommended for relocation.
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.
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.
[cited in USAM 9-21.400]
Updated February 19, 2015