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702

Use of Relocated Witnesses or Former Protected Witnesses as Informants

See USAM 9-21.800.

The following information must be supplied to OEO for its use in evaluating requests to use anyone as an informant who has received protective services through the Program.

  1. Name of person to be used as informant;

  2. Alias(es) used by the proposed informant;

  3. Approval of appropriate headquarters official of concerned agency;

  4. If the informant is not the witness, what is the relationship of the informant to the witness, and name the witness;

  5. Identifying data on the informant, including date of birth, place of birth, sex, social security number, FBI number, and BOP registration number;

  6. Informant's employment; if unemployed, how informant is subsisting; and extent the proposed activity may jeopardize the informant's livelihood;

  7. Name(s) of target(s) of investigation and role in the activities under investigation;

  8. Significance and/or scope of the criminal activity and target(s);

  9. Informant's relationship or association with the target(s) under investigation;

  10. Necessity of utilizing the informant in the investigation, including details about the nature of the use being requested;

  11. Consideration of alternatives to informant's use and indication of why they will not work;

  12. Detailed account of informant's involvement in criminal activity subsequent to being approved for the Witness Security Program;

  13. Appraisal of whether proposed use centers on informant's new criminal involvement, and how informant is aware of new criminal activity;

  14. The benefit that the informant expects in return for his/her cooperation;

  15. Statement about whether informant activity is expected to require the informant to testify;

  16. Indication about whether witness completed testimony in case in which he/she was placed into the Program;

  17. Details about other agencies' use of informant since relocation;

  18. Supervision status of informant - if on probation, supervised release, or pretrial supervision, the prior approval of the Court - through the U.S. Probation or Pretrial Services Officer - must be obtained. If the witness is on parole, approval of the U.S. Parole Commission must be obtained through the U.S. Probation Officer;

  19. Security measures to be taken to ensure informant's safety and to minimize risk to the public;

  20. Use of electronic devices, body wires, video, etc.;

  21. Length of time the informant is to be needed;

  22. Whether the informant is incarcerated; and if so, whether prosecutor and/or judge should be advised;

  23. If the witness is a prisoner, where incarcerated;

  24. Whether the prisoner/informant will remain in custody of the investigative agency, be housed in jails or similar facilities at certain times, or be unguarded;

  25. Whether a prison redesignation will be necessary upon completion of informant activity;

  26. If applicable, whether activity has been endorsed by appropriate Federal/State prosecutor; if so, name, telephone number, and location of prosecutor;

  27. Whether informant activity will require submission of new Program request and subsequent relocation; and

  28. Whether the informant is expected to be charged/ indicted in this investigation.

[cited in USAM 9-21.800]