60.

Protocol For NCATF Investigations And Prosecutions

September 11, 1996 MEMORANDUM TO: United States Attorneys FBI Special Agents in Charge ATF Special Agents in Charge FROM: Deval L. Patrick James E. Johnson Co-Chairs, NCATF SUBJECT: Protocol For NCATF Investigations And Prosecutions In recent times, a disturbing series of arsons and other attacks have damaged or destroyed houses of worship in the United States. These crimes have traumatized both the victim congregations and the communities in which they have been located and have presented major investigative challenges for all of the law enforcement agencies involved—local, state and federal. To ensure a maximum response to this nationwide problem, the President has declared the investigation of fires and other attacks on houses of worship a top priority of federal law enforcement. This effort will be directed both at identifying and prosecuting all violations of federal laws and providing appropriate federal resources and assistance to our local and state colleagues. As you know, the President established the National Church Arson Task Force (NCATF) to oversee the investigations and prosecutions of those who are responsible for these attacks. The attached June 19, 1996, memorandum from the Attorney General to all United States Attorneys describes the Task Force's functions and authority. As the memorandum acknowledges, the national response relies on the work of local task forces based in judicial districts to provide the front-line response to attacks on houses of worship. Such task forces already have been formed in many districts affected by these church burnings and are forming elsewhere. We appreciate the promptness and seriousness with which these local task forces have been organized. The success of the local task forces and, more importantly, the success of these investigations, depends upon the full and active cooperation by all participants. This protocol provides direction to the local task forces to achieve this end. When any investigative agency is informed of an incident, it will notify all other task force agencies with a responsibility for on-scene investigations. If the incident is extensive and will require substantial time to follow leads, consideration should be given to establishing a command post that will allow for on-site management/supervision and liaison among investigators. Depending on the circumstances, prosecutors may participate in the investigations at the outset. This participation may include taking part in the investigative planning sessions and in witness interviews, and will increase particularly as the case is being prepared for grand jury presentation. This participation should not result in any unreasonable delay. Whether or not a command post is necessary, all those involved in the investigation should agree on an investigative plan. The development of the investigative plan should ensure appropriate input from all parties, avoid duplication of investigative steps, prevent any appropriate lines of inquiry from being overlooked, enhance cooperation and assist in the allocation of sufficient resources to these investigations. The plan will benefit from consideration being given to agencies' known skill strengths and resources—for example, FBI's expertise in civil rights investigations; ATF's expertise in arson investigations; and local and state agencies' knowledge of the area's criminal intelligence information. The exchange of information is critical to the success of any task force enterprise. Representatives of all the participating agencies should meet regularly to discuss progress and/or problems, as well as adjust the current investigative plan or create new ones. In addition, from time to time, prosecutors may request specific additional federal investigative steps. Witness interviews conducted in the presence of investigators from more than one agency should result in a single report. All investigations will include seeking evidence to determine whether the crime was motivated by race or religion. The absence of any overt signs of such motivation at the scene should not preclude investigation to determine whether the crime was committed, even in part, because of racial or religious animus. In most circumstances, a charging decision can be made and authorized under paragraph 10 below only after this avenue of the investigation has been conducted and substantially completed, or a compelling explanation provided for why this part of the investigation was not pursued. The ATF and FBI will exchange all investigative reports as they are generated. In addition, each agency promptly will disseminate its reports to the Assistant United States Attorney and to the assigned attorney from the Civil Rights Division. This dissemination must be prompt and ongoing in order to provide the prosecutors timely updated information. Issues which arise within the local task forces should be addressed first to the immediate supervisory levels of each component and as appropriate, to field division staffs and to agency headquarters. The Operations Working Group can be also called upon to help resolve any problems among the federal agencies with respect to either specific investigations or to nationwide practices. The attached June 19, 1996, memorandum from the Attorney General notes the national interest predicate of these investigations and prosecutions, and describes the expected consultation and communication with the NCATF. Accordingly, investigations and prosecutions will be staffed jointly by prosecutors from the United States Attorneys' Offices and from the Criminal Section, Civil Rights Division. The May 10, 1995, bluesheet amending the United States Attorneys' Manual details coordination, notification and approval requirements for national interest cases. See USAM Sections 8-3.100 to 8-3.150. In light of the special nature of the NCATF and its nationwide mission, it might be helpful to clarify the application of the Bluesheet and the June 19, 1996, memorandum, as well as the notification requirement of 18 U.S.C. 247(e)(as amended July 3, 1996). Because the Assistant Attorney General for Civil Rights has the ultimate declination authority under the Bluesheet, a decision to defer to a state prosecution - as opposed to a decision to have the state be the sovereign which makes an arrest in order to remove a subject from the street - must be made in consultation with the NCATF. Note that because the nature of these investigations is often exigent and unreasonable delay can be harmful to a case, a United States Attorney's request to defer to a state prosecution or request for approval of a federal complaint will be given urgent attention by the Assistant Attorney General. The Assistant Attorney General will make these authorization decisions promptly and in consultation wi th and on recommendations from the United States Attorney. In the exceptional cases where it might be necessary to issue a federal complaint prior to authorization, the United States Attorney's Office should notify the Civil Rights Division as soon as possible. In the event the Assistant Attorney General is not available, the above decisions will be made by the Acting Assistant Attorney General, Civil Rights Division. Because the National Task Force is responsible for reporting to the Attorney General and the Secretary of the Treasury and for maintaining accurate data about attacks on houses of worship, the local task forces should provide timely information about significant investigative and prosecutive developments. Those investigating attacks on houses of worship can encounter situations which require special sensitivity. Circumstances may warrant that standard investigative techniques be undertaken with care in order to address the concerns of the victim congregation. For example, the Operations Team should be notified as soon as possible concerning decisions to conduct polygraph examinations of congregation members or leaders, or requests for the names of all of the members of the congregation. In some instances, it may be useful to include the local task force's Victim Witness Coordinator in the process. Although each agency must operate within the guidelines of its respective media relations policies,[FN1] each local task force must speak with one voice. Of particular importance is avoiding any media disclosure that will result in premature statements to the media concerning any evidentiary matter or the progress of the investigation, or other public statements the local task force has not agreed upon in advance. Examples of public statements to be avoided include statements regarding the presence or absence of accelerants, statements concerning whether racial or religious motivation or a conspiracy is or is not apparent, and statements about the likelihood of solving a case or developing leads. FN1. USAM ڇ-7.000, et seq., and April 29, 1996 Media Relations Bluesheet; the FBI Manual of Administrative Operations and Procedures, Part II, Section 5; Dept. of Treasury, March 23, 1995, Memorandum from Under Secretary Ronald K. Noble; and ATF O 1200.2B, Chapter C. The Community Relations Service should be consulted when there is potential strife within a community. Because these are criminal investigations, the representatives of the Community Relations Service, following an invitation from a United States Attorney's Office, should consistently coordinate their activities with the United States Attorney's Office. This protocol will remain in effect for the duration of the National Church Arson Task Force. The National Church Arson Task Force and its local task forces face an unprecedented opportunity to fight violence against houses of worship. We recognize that the task force model of combining the strengths of many federal agencies will in many ways pose new challenges, but we believe an interagency task force offers the best chance of a coordinated and effective federal response. We are confident that a shared goal of smooth coordination and communication, guided by the above protocol, will lead to a successful conclusion of these investigations. 100 to 150 Civil Rights Resource Manual Sample Form or Memorandum Fair Housing— Sample Consent Order Civil Rights Resource Manual at 101 Sample Complaint of Discrimination Under the Amended Fair Housing Act 102 Sample Interrogatories 103 Sample Request for Production of Documents 104 Sample Fair Housing Complaint 105 Sample Fair Housing Jury Instructions— Preliminary 106 Sample Fair Housing Jury Instructions— General 107 Sample Fair Housing Jury Instructions— Reasonable Accommodation 108 Sample Fair Housing Jury Instructions— Damages 109 Sample Fair Housing Verdict Form 110 Sample Fair Housing Interrogatories 111 Sample Fair Housing Consent Order 112 Appendices to Sample Consent Order 113 Sample Fair Housing Consent Order 114 Sample Interrogatories 115 Sample Request for Production of Documents to Defendants 116 Sample Complaint 117 Sample Complaint 118 Sample Consent Decree—Fair Housing— Sexual Harassment 119 Appendices to Sample Consent Decree 120 Sample Complaint—Fair Housing—Racial Discrimination and Sexual Harassment 121 Sample Request for Production of Documents 122 Sample Interrogatories 123 Sample Fair Housing Consent Order 124 Sample Voir Dire Questions—Fair Housing— Racial Discrimination 125 Sample Jury Instructions—Public Accommodations 126 Sample Trial Brief—Conspiracy in violation of 18 U.S.C. § 371 -- 18 U.S.C. § 245—18 U.S.C. § 924(c) 127 Sample Indictment— 18 U.S.C. §§ 241, 245(b)(2)(F) and 18 U.S.C. § 2 128 Sample Jury Instructions—Conspiracy to Deprive Civil Rights 129 Sample Jury Instructions—18 U.S.C. §§ 2, 245(b)(2)(F) 130 Sample Trial Brief—Conspiracy to Deprive Civil Rights 131 Sample Indictment—18 U.S.C. §§ 2, 241, 242 132 Sample Jury Instructions—18 U.S.C. §§ 241 133 Sample Jury Instructions—18 U.S.C. § 242 134 Sample Trial Memorandum—18 U.S.C. §§ 241, 242 135 Sample Indictment—18 U.S.C. § 242 136 Sample Jury Instructions—18 US.C. § 242 137 Sample Trial Brief—Police Misconduct—18 U.S.C. § 242 138 Sample Indictment—Conspiracy to Interfere with Civil Rights by Threat of Force— Interference with Housing Rights—Aiding and Abetting 139 Sample Joint Proposed Jury Instructions 140 Sample Jury Instruction 141 Sample Response to Pretrial Motion to Dismiss for Violation of First Amendment 142 Sample Response to Motion to Dismiss for Violation of Petite Policy 143 Sample Response to Defendant's Request for Notice of Intention to Use Federal Rule 404(b) Evidence 144 Sample Response to Motion for Pre-trial Proof of Conspiracy Count 145 Sample Response to Motion for Bill of Particulars 146 Sample Response to Defendant's Motion to Suppress 147 Sample Indictment—Conspiracy and Aid and Abet—18 U.S.C. §§ 241, 924(c), 2 148 Sample Jury Instructions—Conspiracy and Aid and Abet—18 U.S.C. §§ 241, 924(c), 2 149 Sample Indictment—Conspiracy—Aid and Abet— Involuntary Servitude—Kidnapping— Transporting and Harboring Aliens 150