**CHAPTER 400 -- INVESTIGATIONS**

**(400)-230** **[Victim Witness Program]{.underline}**

230.1 [Overview.]{.underline}

The Victim and Witness Protection Act of 1982 (VWPA) was enacted "to
enhance and protect the necessary role of crime victims and witnesses in
the criminal justice process; to ensure that the Federal Government does
all that is possible within limits of available resources to assist
victims and witnesses of crime without infringing on the constitutional
rights of defendants; and, to provide a model for legislation for State
and local governments." [18 U.S.C. § 1512
note](http://assembler.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001512----000-notes.html).

In the VWPA, Congress instructed the Attorney General to ensure that all
Federal law enforcement agencies adopt guidelines consistent with the
purposes of the VWPA. TIGTA's Victim/Witness Program, as described in
this section, conforms to the 2005 Attorney General Guidelines for
Victim and Witness Assistance (2005 AG Guidelines). TIGTA's
Victim/Witness Program is also mandated by [Treasury Directive
55-01](http://www.ustreas.gov/regs/td55-01.htm) (TD 55-01). Where TD
55-01 conflicts with the 2005 AG Guidelines, this policy adopts the 2005
AG Guidelines.

TIGTA Office of Investigations' (OI) policy applies to all TIGTA Special
Agents (S/A) and to other OI employees whose duties may impact
victims/witnesses encountered during the course of TIGTA investigations.
TIGTA OI's policy is intended to apply in all cases specified by the
victim and witness laws and when permissible under [26 U.S.C. §
6103](http://assembler.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00006103----000-.html).
When enforcement of the victim witness laws conflicts with the
requirements of 26 U.S.C § 6103, compliance with 26 U.S.C. § 6103 takes
precedence over compliance with the victim and witness laws. Consult the
National Victim Witness Coordinator (NVWC) who shall consult with TIGTA
Counsel for guidance in these situations.

[]{.mark}

230.1.1 [Acronyms
Table.](../..%5C..%5Cchapter400-inv/acronyms-table/acronyms-table.doc#AcronymsTable)

230.2 [Victim.]{.underline}

The following definitions are used in defining a crime victim:

-   "A person directly and proximately harmed as a result of the
    commission of a Federal offense or an offense in the District of
    Columbia." 18 U.S.C. § 3771(e).

-   "A person that has suffered direct physical, emotional, or pecuniary
    harm as a result of the commission of a crime including,"

    -   In the case of an institutional entity, an authorized
        representative of the entity; and,

    -   In the case of a victim who is under 18 years of age,
        incompetent, incapacitated, or deceased, one of the following
        (in order of preference):

```{=html}
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```
-   A spouse.

-   A legal guardian.

-   A parent.

-   A child.

-   A sibling.

-   Another family member.

-   Another person designated by the court.

See [42 U.S.C. §
10607(e)(2)](http://assembler.law.cornell.edu/uscode/search/display.html?terms=10607&url=/uscode/html/uscode42/usc_sec_42_00010607----000-.html).

-   For purposes of sentencing, victim means "an individual against whom
    the defendant committed an offense for which the court will impose a
    sentence."

> See [Federal Rules of Criminal Procedure
> 32(a)(2)](http://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_03000032----000-.html).

-   For purposes of restitution, 'victim' means "a person directly and

> proximately harmed as a result of the commission of an offense for
> which restitution may be ordered including, in the case of an offense
> that involves as an element a scheme, conspiracy, or pattern of
> criminal activity, any person directly harmed by the defendant's
> criminal conduct in the course of the scheme, conspiracy, or pattern."
> [18 U.S.C. §
> 3663(a)(2)](http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00003663----000-.html).

"In the case of a victim who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the victim or
representative of the victim's estate, another family member, or any
other person appointed as suitable by the court, may assume the victims'
rights under this section, but in no event shall the defendant be named
as such representative or guardian." [18 U.S.C. §
3663(a)(2)](http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00003663----000-.html).

Only those persons suffering direct physical, emotional, or pecuniary
harm are considered victims for purposes of the TIGTA Victim/Witness
Program. Thus, persons whose injuries are indirectly caused by the crime
are not entitled to services. Bystanders are generally [not]{.underline}
considered victims although there may be circumstances when a bystander
does suffer direct injury, and TIGTA OI employees shall treat the
bystander as a victim. This does not prohibit TIGTA OI employees from
assisting persons affected indirectly, to the extent deemed appropriate.

230.3 [Victim and Witness Assistance.]{.underline}

TIGTA OI is committed to providing crime victims and witnesses the
rights and services required by Federal law. TIGTA OI employees are
expected to exercise sound judgment and discretion in deciding how best
to accord victims and witnesses the rights and services required under
Federal law, as described in this policy. When not prohibited by another
statute, there is a presumption in favor of providing rather than
withholding assistance and services to victims and witnesses of crime.

230.3.1 []{#VictimRights .anchor}[Victims' Rights.]{.underline} 18
U.S.C. § 3771(c) provides that "officers and employees of the Department
of Justice and other departments and agencies of the United States
engaged in the detection, investigation, or prosecution of crime shall
make their best efforts to see that crime victims are notified of, and
accorded, the rights described \[below\]:"

-   The right to be reasonably protected from the accused.

-   The right to reasonable, accurate, and timely notice of any public
    court proceeding, or any parole proceeding, involving the crime or
    of any release or escape of the accused.

-   The right not to be excluded from any such public court proceeding,
    unless the court, after receiving clear and convincing evidence,
    determines that testimony by the victim would be materially altered
    if the victim heard other testimony at that proceeding.

-   The right to be reasonably heard at any public proceeding in the
    district court involving release, plea, sentencing, or any parole
    proceeding.

-   The reasonable right to confer with the attorney for the Government
    in the case.

-   The right to full and timely restitution as provided in law.

-   The right to proceedings free from unreasonable delay.

-   The right to be treated with fairness and with respect for the
    victim's dignity and privacy.

See 18 U.S.C. § 3771(a).

230.3.2 [Responsibilities for Providing Services to Crime
Victims.]{.underline} At the earliest opportunity after detection of a
crime at which it may be done without interfering with an investigation,
the responsible official of the investigative agency shall:

-   Identify the victim(s) of crime;

-   Inform the victim(s) of the right to receive, on request, the
    services listed in Section [230.3.3](#ServicesProvidedToVictims);

-   Inform the victim(s) of the name, title, business address, and
    telephone number of the responsible official to whom a request for
    services should be addressed.

See [42 U.S.C. §
10607(b)](http://assembler.law.cornell.edu/uscode/search/display.html?terms=10607&url=/uscode/html/uscode42/usc_sec_42_00010607----000-.html).

The investigative agency's responsibilities begin with the report of the
crime and extend through the prosecution of the case. In some instances,
where explicitly stated, the investigative agency's responsibility for a
certain task is transferred to the prosecution agency when charges are
filed. See [2005 AG Guidelines, Article
IV.(A)](http://www.usdoj.gov/olp/final.pdf).

[]{.mark}

An Assistant Special Agent in Charge (ASAC) and a Special Agent in
Charge (SAC) are responsible for:

-   Providing S/A's with sufficient guidance and resources to meet the
    requirements of this policy.

-   Coordinating with OI Headquarters, Department of Justice (DOJ) and
    outside organizations as necessary to implement the requirements of
    this policy.

The NVWC is assigned to the SAC-Operations Division, and is responsible
for:

-   Maintaining this policy.

-   Facilitating communication among TIGTA OI employees, TIGTA OI
    management, TIGTA Counsel, the DOJ and other outside agencies.

-   Providing guidance to TIGTA OI employees, as necessary, regarding
    the requirements of federal victim and witness laws.

The Division Victim/Witness Coordinator (DVWC) is responsible for:

-   Ensuring initial victim/witness training is provided to S/A's in
    their divisions who have not had victim/witness training within 60
    days of assuming the position. The training must include
    identification of abused children and the S/A's obligation to report
    suspected child abuse. See [230.4.1](#ReportingSuspectedChildAbuse)
    of this Section for information on reporting suspected child abuse.

-   Ensuring additional victim/witness training is provided to S/A's
    within a reasonable time period after any changes in the AG
    Guidelines or victims' rights laws take effect.

-   Assisting S/A's and division management in the accomplishment of
    local responsibilities under this policy.

-   Maintaining contact with the United States Attorney's office (USAO)
    Victim Witness Coordinator in the division's geographical area.

-   Maintaining a telephone and address listing of Victim/Witness
    service providers located in the division's geographical area.

[]{.mark}

An S/A is responsible for:

-   Identifying all victims of crimes under investigation.

-   Providing the victim/witness services required by law for all
    victims/witnesses in his/her investigations when permissible under
    [26 U.S.C. §
    6103](http://assembler.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00006103----000-.html).

-   Keeping division management apprised of any issues that may require
    additional resources or management guidance.

-   Informing victims/witnesses of how to contact the appropriate United
    States Attorney (USA) Victim/Witness Coordinator, Crime Victim
    Compensation, and/or state or local Victim/Witness Programs.

-   Providing reasonable assistance in contacting appropriate offices or
    coordinators involved in providing suitable services.

S/A\'s should immediately notify their ASAC, who will in turn notify the
SAC, concerning actual instances of intimidation or harassment of any
victim or witness and when a victim or witness requires protection
against threats, harm or intimidation.

Complaint Management Team (CMT) employees who receive telephonic and
written complaints shall notify the ASAC-CMT immediately upon
determining a situation exists in which the provisions of victim/witness
laws could be invoked. The ASAC-CMT will refer matters involving a
specific division to the respective DVWC and all other matters to the
Special Inquiries and Intelligence Division (SIID) DVWC.

> 230.3.3 []{#ServicesProvidedToVictims .anchor}[Services Provided to
> Victims.]{.underline} At the earliest opportunity after the initiation
> of a TIGTA investigation, subject to the provisions of [26 U.S.C. §
> 6103](http://assembler.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00006103----000-.html),
> an S/A shall inform a victim of the following [unless]{.underline} the
> prosecuting agency has assumed responsibility for providing the
> services:

-   His/her rights as described in [230.3.1](#VictimRights) of this
    Section.

-   The place where the victim may receive emergency medical or social
    services. [42 U.S.C. §
    10607(c)(1)(A)](http://assembler.law.cornell.edu/uscode/search/display.html?terms=10607&url=/uscode/html/uscode42/usc_sec_42_00010607----000-.html).

-   The availability of any restitution or other relief (including crime
    victim compensation programs) to which the victim may be entitled
    under this or any other applicable law and the manner in which such
    relief may be obtained. [42 U.S.C. §
    10607(c)(1)(B)](http://assembler.law.cornell.edu/uscode/search/display.html?terms=10607&url=/uscode/html/uscode42/usc_sec_42_00010607----000-.html)
    and [18 U.S.C. §
    3664](http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00003664----000-.html).

-   Public and private programs that are available to provide
    counseling, treatment, and other support to the victim. [42 U.S.C. §
    10607(c)(1)(C)](http://assembler.law.cornell.edu/uscode/search/display.html?terms=10607&url=/uscode/html/uscode42/usc_sec_42_00010607----000-.html).

-   The right to make a statement about pretrial release of the
    defendant in any case of interstate domestic violence, violation of
    a protection order, or stalking. The responsible official of the
    investigative agency shall inform the victim that he or she has the
    right to make a statement regarding the danger posed by the
    defendant for the purposes of determining pretrial release of the
    defendant or conditions of such release. [18 U.S.C. §
    2263](http://www.law.cornell.edu/uscode/search/display.html?terms=2263&url=/uscode/html/uscode18/usc_sec_18_00002263----000-.html).

-   The availability of payment for testing and counseling in cases of
    sexual assaults. [42 U.S.C. §
    10607(c)(7)](http://assembler.law.cornell.edu/uscode/search/display.html?terms=10607&url=/uscode/html/uscode42/usc_sec_42_00010607----000-.html).

-   The availability of services for victims of domestic violence,
    sexual assault, or stalking. The [2005 AG Guidelines, Article
    VII](http://www.usdoj.gov/olp/final.pdf) provide additional guidance
    in dealing with these victims.

-   The status of the investigation of the crime, to the extent it is
    appropriate and will not interfere with the investigation. [42
    U.S.C. §
    10607(c)(3)(A)](http://assembler.law.cornell.edu/uscode/search/display.html?terms=10607&url=/uscode/html/uscode42/usc_sec_42_00010607----000-.html).

-   The arrest of a suspected offender. [42 U.S.C. §
    10607(c)(3)(B)](http://assembler.law.cornell.edu/uscode/search/display.html?terms=10607&url=/uscode/html/uscode42/usc_sec_42_00010607----000-.html).

-   The availability of protection from a suspected offender and persons
    acting in concert with or at the behest of the suspected offender.
    [42 U.S.C. §
    10607(c)(2)](http://assembler.law.cornell.edu/uscode/search/display.html?terms=10607&url=/uscode/html/uscode42/usc_sec_42_00010607----000-.html).

-   The assurance that any property of the victim that is being held as
    evidence is maintained in good condition and returned to the victim
    as soon as it is no longer needed for evidentiary purposes. [42
    U.S.C. §
    10607(c)(6)](http://assembler.law.cornell.edu/uscode/search/display.html?terms=10607&url=/uscode/html/uscode42/usc_sec_42_00010607----000-.html).

-   Assistance is available in notifying the employer of the victim or
    witness if cooperation in the investigation of the crime causes
    his/her absence from work; and/or the creditors of a victim or
    witness, when appropriate, if the crime or cooperation in the
    investigation affects his/her ability to make timely payments, upon
    request by the victim or witness. [2005 AG Guidelines, Article
    IV.A.3.d](http://www.usdoj.gov/olp/final.pdf).

-   Assistance is available with respect to transportation, parking,
    childcare, translator services, and other investigation-related
    services. Upon filing of charges by the prosecutorial agency, this
    responsibility transfers to the responsible official of the
    prosecutorial agency. [2005 AG Guidelines, Article
    IV.A.3.f](http://www.usdoj.gov/olp/final.pdf).

To comply with the requirements regarding victims' rights and the
services to which they are entitled, S/A\'s shall provide a TIGTA Victim
and Witness Program Brochure, [TIGTA OI Victim/Witness
Brochure](../../400-exhibits/TIGTA%20OI%20Victim%20Witness%20Brochure.pdf),
to victims and witnesses as soon as they are identified, unless such
notification would violate the confidentiality requirements of [26
U.S.C. §
6103](http://assembler.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00006103----000-.html)
or jeopardize the investigation. Questions regarding assistance and
services to victims and witnesses should be referred to the DVWC, who
will contact the NVWC, as necessary.

230.4. [Child Victims and Witnesses.]{.underline}

In addition to the victims' rights listed in [230.3.1](#VictimRights) of
this Section, child victims and witnesses have additional rights in
court and throughout the criminal justice system. See [18 U.S.C. §
3509](http://www.law.cornell.edu/uscode/search/display.html?terms=3509&url=/uscode/html/uscode18/usc_sec_18_00003509----000-.html)
and the [2005 AG Guidelines, Article
VI](http://www.usdoj.gov/olp/final.pdf) for guidelines and appropriate
treatment of child victims and
witnesses.[]{#ReportingSuspectedChildAbuse .anchor}

230.4.1 [Reporting Suspected Child Abuse.]{.underline} The Federal child
abuse reporting law requires all law enforcement personnel working on
Federal land or in a Federally operated or contracted facility, in which
children are cared for or reside, to report suspected child abuse to the
local law enforcement agency or local child protective services agency
that has jurisdiction to investigate reports of child abuse or to
protect child abuse victims in the area or facility in question. See [42
U.S.C. §
13031](http://assembler.law.cornell.edu/uscode/search/display.html?terms=13031&url=/uscode/html/uscode42/usc_sec_42_00013031----000-.html).

[]{.mark}

In order to provide immediate notice of suspected child abuse, verbal
reports are preferred. Reports should be documented as in any other
investigative situation. Reports may be made anonymously. Reports are
presumed to have been made in good faith and reporters are immune from
civil and criminal liability arising from the report unless they act in
bad faith. See [42 U.S.C. §
13031](http://assembler.law.cornell.edu/uscode/search/display.html?terms=13031&url=/uscode/html/uscode42/usc_sec_42_00013031----000-.html)
and the [2005 AG Guidelines, Article III
(E)](http://www.usdoj.gov/olp/final.pdf).

230.4.2 [Victims of Identity Theft.]{.underline} In addition to the
victims' rights and services listed in [230.3.1](#VictimRights) and
[230.3.3](#ServicesProvidedToVictims) of this Section, victims of
identity theft should receive appropriate assistance for the unique
circumstances of the crime. Assist victims of identity theft as follows:

-   Refer victims to useful or relevant services specifically for
    victims of identity theft by other Federal agencies, including the
    Federal Trade Commission, and non-governmental organizations.

-   Refer victims to relevant credit reporting services.

-   Advise victims to file an individual police report.

See the [2005 AG Guidelines, Article
X](http://www.usdoj.gov/olp/final.pdf) for additional guidelines in
assisting these victims.

5.  []{#TemporaryProtectiveMeasures .anchor}[Temporary Protective
    Measures.]{.underline}

TIGTA may undertake [temporary]{.underline} protective arrangements to
protect victims/witnesses whose continued cooperation/testimony is
essential to a TIGTA investigation. Such temporary arrangements are not
intended to replace DOJ's Witness Security Program.

Any protective arrangements undertaken by TIGTA for a victim/witness not
enrolled in DOJ's Witness Security Program require the approval of the
appropriate Assistant Inspector General for Investigations (AIGI).

**Note:** S/A\'s are not authorized to commit any funds for compensation
and expenses of witnesses or Confidential Sources (CS), and are not
authorized to make protective maintenance agreements.

230.5.1 [Securing Approval for Protective Services.]{.underline} S/A's
shall immediately notify their SAC of any threat or possible danger to a
past or present government CS, witness or to his/her family or close
associate(s), as a result of his/her furnishing information or otherwise
cooperating with TIGTA. The SAC determines if any protective
arrangements are necessary and appropriate under the circumstances. In
the event of immediate danger or emergency, S/A's are authorized, with
the approval of the authorizing official for confidential funds, to
provide temporary measures until appropriate additional measures as
follows can be taken:

-   SAC's are authorized to approve all confidential expenditures for
    temporary protection of a witness or CS for \$2,500 or less.

-   AIGI's and the Deputy Assistant Inspector General for Investigations
    (DAIGI) are authorized to approve all confidential expenditures for
    temporary protection of a witness or CS for *\$*20,000 or less.

-   The Deputy Inspector General for Investigations (DIGI) is authorized
    to approve all confidential expenditures for temporary protection of
    a witness or CS of more than \$20,000.

See [TIGTA Delegation Order No.
27](../../../../../../../../I:/tigta-delegation-orders/igdo27rev1.doc).

230.5.2 [Approval Memorandum.]{.underline} The SAC sends a memorandum to
the Operations Division e-mail box at "**\*TIGTA Inv Operations**" for
review and approval of the appropriate AIGI, DAIGI, or DIGI, requesting
approval for the protection and maintenance of the affected person. The
following information shall be provided in the memorandum to the extent
possible:

-   Name, address, place and date of birth, gender, race, citizenship,
    and any identification numbers, such as SSN, FBI or police numbers
    on persons for whom protection is requested. Also, attach a copy of
    any record of arrest and/or conviction.

-   All facts and circumstances relating to the threat or danger to the
    CS or witness and family member(s) or close associate(s), including
    the complete names and addresses of all individuals known or
    believed to pose a threat. Include a photograph of those
    individuals, if available.

-   Information and/or evidence supplied by the witness or CS and the
    importance of the material.

-   The involvement of CS or witness in illegal activity.

-   The importance and significance of the case and prospective
    defendants. If applicable, describe any illegal organization in
    which the defendants participate and their roles. Also, include each
    defendant\'s arrest and/or conviction record, if any.

-   All other agencies to which the CS or witness has supplied or is
    supplying information, and any resulting cases.

-   All pending cases, federal or state, in which this witness\'
    testimony may be required.

-   Name of all individuals, CS' or witnesses who have been provided
    protection in connection with the same case; also, the names and
    locations of any other individuals connected with the case who are
    likely to be placed in DOJ's Witness Security Program or who are
    likely to require protection by TIGTA.

-   Realistic estimate regarding the anticipated extent and duration of
    protective measures.

-   Whether or not the witness appears to qualify for the DOJ's Witness
    Security Program.

-   Number of family and/or household members to be protected, e.g.
    name, date, place of birth, and relationship; provide the same
    information for any close associate to be protected.

-   Assets and liabilities, such as property, loans, alimony, support
    payments, bank accounts, pensions, federal, state or local taxes,
    etc.

-   Medical problems/conditions experienced by the CS or witness and
    family/household members, and any history of drug abuse.

-   Employment data, e.g. education, job skills, last employment and
    employability of individuals to be protected.

-   Income from all sources.

-   Whether the CS or witness is receiving or expects to receive money
    from other state or federal agencies and, if so, how much.

-   If CS or witness is incarcerated, when release can be reasonably
    anticipated.

-   Indicate any parole or probation restrictions on the CS or witness
    and family members or close associates.

-   Expected expenditures and the reason, such as relocation, rent, etc.

-   Location of imprest fund to be utilized.

[]{.mark}

230.5.3 [Conference with Protected Witness or Confidential
Source.]{.underline} In all situations in which TIGTA assumes the
protection of a witness or CS, SAC's shall brief the CS or witness and
document the following:

-   TIGTA Contact/Control personnel

-   Communications

-   Protection

-   Relocation

-   Subsistence arrangements being undertaken

-   Responsibilities of TIGTA

-   Responsibilities of the witness or CS

Document that the CS or witness understands that any protection or
subsistence afforded by TIGTA is solely for his/her physical welfare and
no compensation will be provided for:

-   Loss of income.

-   Personal inconvenience.

-   Any other type of monetary damage suffered, such as a distress sale
    of a business or residence.

The DVWC is responsible for discussing with the CS or witness his/her
past and current individual and/or business tax situation.

230.5.4 [Memorandum of Understanding.]{.underline} The NVWC consults
with TIGTA Counsel and obtains from the CS or witness a signed
Memorandum of Understanding (MOU) which documents the items discussed at
the conference. The CS or witness must sign the MOU certifying that
he/she fully understands and agrees with the terms and conditions set
out in the agreement.

230.5.5 [Accounting for Protection Expenses.]{.underline} Authorized
confidential expenditures made for protection and maintenance provided
by the TIGTA are accounted for in accordance with investigative imprest
fund policy and procedures in [Chapter 600, Management Services, Section
50.11.3.4](../../../../../../../../F:/chapter600-ms/600-50/chapter600-50.doc#Sec50_11_2),
of the TIGTA Operations Manual.

To avoid jeopardizing the new identity of the relocated witness or CS,
maintain detailed information on these expenditures in the files of
investigative imprest funds in the divisional office, as appropriate.
**Do not** furnish detailed information to Fiscal Management offices.

Claim reimbursement for confidential expenditures only through
investigative imprest funds, not on travel vouchers.

230.6 [Witness Security Reform Act of 1984.]{.underline}

DOJ\'s Witness Security Program is codified in the Witness Security
Reform Act of 1984, primarily [18 U.S.C. §
3521](http://assembler.law.cornell.edu/uscode/search/display.html?terms=3521&url=/uscode/html/uscode18/usc_sec_18_00003521----000-.html).
Under this act, the Attorney General may provide for the relocation and
other protection of witness or potential witnesses, in an official
proceeding concerning an organized criminal activity or other serious
offense. The Attorney General may also provide for the relocation and
other protection of the immediate family of, or a person otherwise
closely associated with, such witness or potential witness, if the
family member or person may also be endangered on account of the
participation of the witness in the judicial proceeding. This protection
may be authorized for state offenses.

An individual may not be the subject of protective appropriations from
DOJ and TIGTA at the same time. If DOJ deems an individual worthy of
protection under the Witness Security Reform Act of 1984, TIGTA
appropriations will cease when DOJ appropriations begin.

The United States Marshals Service (USMS) is responsible for the
security and maintenance of witnesses and other qualifying individuals
enrolled in DOJ's Witness Security Program.

Protection and maintenance are allowed upon the finding of DOJ's
Director, Office of Enforcement Operations (OEO), that the proposed
witness meets all of the following conditions:

-   The person is a qualifying witness in a specific case.

-   Evidence in possession indicates that the life of the witness, a
    member of his/her family, or a close associate is in immediate
    jeopardy.

-   Evidence in possession indicates it would be advantageous to the
    federal interest for the DOJ to protect the witness, family member,
    or close associate.

S/A's who believe that a victim/witness should be enrolled in DOJ's
Witness Security Program shall immediately consult the NVWC. S/A's shall
notify the NVWC any time an enrollee in DOJ's Witness Security Program
becomes a victim/witness in a crime under investigation by TIGTA.

Occasionally, witnesses who have been provided protection by the DOJ are
faced with a situation in which they believe their new identity may be
in jeopardy because of the need to provide a TIGTA employee with
information relating to a witness\' old identity. In such situations,
the witnesses have instructions to notify their contact point in the
USMS, who will notify the Director, OEO. The Director, OEO, will notify
the TIGTA NVWC to resolve the matter in a manner which will protect the
CS\' identity as well as TIGTA's interest. In addition, the above
procedures are followed if, during the processing of a witness to be
placed in DOJ's Witness Security Program, the Director, OEO, determines
that the witness has a TIGTA matter that needs to be resolved before the
witness is relocated.

Note: The DIGI may contact the Director, OEO, directly in emergency or
other unusual circumstances involving a witness in a TIGTA matter who is
in DOJ's Witness Security Program.

230.6.1 [Enrollment in DOJ\'s Witness Security Program.]{.underline} If
a witness appears to qualify for the Witness Security Program, the DIGI
coordinates the matter with DOJ. The DIGI advises the SAC of the
appropriate action to take in order to continue or terminate any
protective arrangements. Thereafter, a USMS representative will
accompany a TIGTA representative to meet the witness and to explain the
scope of the Witness Security Program. The results of this preliminary
meeting will be forwarded to the Director, OEO, for evaluation and
determination.

The Director, OEO will consider:

-   The individual\'s criminal record.

-   Alternatives to providing protection.

-   Other possible sources of testimony.

-   The results of a psychological examination by psychologists from the
    Bureau of Prisons (BOP).

If it is determined that the witness is eligible for enrollment in the
Witness Security Program, there will be a second meeting with the
witness, at which time a MOU will be executed between the witness and
the USMS.

230.6.2 [Coordination with U.S. Attorney for Witness
Protection.]{.underline} If the case is under the jurisdiction of a
USAO, it is incumbent upon each USA, his/her Assistants and the
investigative agency to present to Director, OEO, as early as possible
during the investigation process, the request for authorization to place
an individual in the Witness Security Program. Therefore, the SAC shall
provide the USAO any assistance necessary in developing the request. The
SAC shall also follow the procedures in
[230.5](#TemporaryProtectiveMeasures) of this Section if any temporary
protective arrangements are necessary. The assistance shall include:

-   Working with the USAO to avoid unnecessary duplication of effort.

-   Documenting in the approval memorandum that the USAO requested that
    the individual be placed in the Witness Security Program and the
    USA's involvement.

-   Protecting a witness for whom relocation is being requested until
    the Director, OEO approves admission of the witness into DOJ's
    Witness Security Program and the USMS has arranged for the safe
    removal of the witness and his/her family or close associates.

230.6.3 [Contacts After Acceptance into DOJ's Witness Security
Program.]{.underline} Once a witness has been accepted into DOJ's
Witness Security Program and is under the USMS jurisdiction, all
contacts with the witness must be made through USMS. Coordinate any
necessary contact through the TIGTA NVWC.

230.6.4 [Use of Relocated Witnesses.]{.underline} The DOJ maintains a
continuing relationship with a person in the Witness Security Program
after relocation. Because of this relationship, DOJ requires that
investigative agencies and attorneys observe certain restraints in
dealing with these persons insofar as new investigations and/or cases
are concerned. The restraints are as follows:

-   Once an individual has been placed in the Witness Security Program,
    neither the witness nor any individual relocated because of the
    witness\' cooperation may be used as a CS, unless TIGTA can justify
    to the Director, OEO that the use of the individual as a CS is
    essential to the investigation.

-   Similarly, without the consent of the Director, OEO, neither the
    witness nor any individual relocated because of his/her cooperation
    may be used as a witness in a case other than the one for which the
    witness was placed in the Witness Security Program.

Once it is learned or suspected that a person is a protected witness,
the SAC seeking to contact the witness will submit a memorandum to the
Operations Division e-mail box at "**\*TIGTA Inv Operations**" to the
DIGI, requesting that the DIGI contact the DOJ to determine whether the
person is actually a protected witness in the Witness Security Program.
If the potential witness is enrolled in the Witness Security Program,
the Director, OEO must approve the person's participation in the TIGTA
investigation.

The memorandum must include:

-   A brief explanation of the person\'s importance to the
    investigation.

-   Whether it is anticipated that the person will be called to testify
    before a grand jury or at a trial.

-   Any other information that is relevant to a determination by the
    Director, OEO.

Until approval is obtained from the Director, OEO, TIGTA will suspend
its use of this person as either a CS or a witness. The use of a
relocated witness by TIGTA without the approval of the Director, OEO,
could result in TIGTA's becoming responsible for the physical and
financial security of the witness.

230.6.5 [Federal Prisoners.]{.underline} The DIGI must obtain the
approval of the Director, OEO, prior to any TIGTA contact with a
protected witness who is a prisoner at a federal correctional
institution.

If it is learned that an incarcerated, protected witness may be in
jeopardy, immediate notice should be provided to BOP, with follow-up
written notification to the DIGI through the appropriate AIGI, to the
Operations Division e-mail box at "**\*TIGTA Inv Operations**". The DIGI
is required to refer the matter to the Director, OEO.