Marshals Service provides for the security, health and safety of government witnesses, and their immediate dependents, whose lives are in danger as a result of their testimony against drug traffickers, terrorists, organized crime members and other major criminals.
The Witness Security Program has successfully protected approximately 19, participants — including innocent victim-witnesses and cooperating defendants and their dependent family members — from intimidation and retribution since the program began in Witnesses and their families typically get new identities with authentic documentation. Housing, subsistence for basic living expenses and medical care are provided to the witnesses.
If the State or local witness is under State or local supervision, the supervising agency must agree to transfer jurisdiction and supervision to Federal supervising authorities, prior to the witness's acceptance into the Witness Security Program. Requests from State or local authorities should be directed to the appropriate United States Attorney and should contain all of the information normally required in a Federal witness's Witness Security Program application.
By Attorney General Order No. If it is determined that a witness is in imminent danger of harm and the investigative agency is not able to provide the necessary protection, emergency Program protection may be authorized by OEO and provided by the USMS before completion of the written risk assessment and all parties have entered into a Memorandum of Understanding.
The assessment and Memorandum of Understanding must be completed as soon as practicable following the authorization for emergency protection.
Because of the need for this preliminary interview, it will be necessary for OEO to receive the application for the witness's participation in the Program as soon as it is clear that the individual 1 is an essential witness, 2 is endangered, and 3 will need to enter the Program. This USMS's "Preliminary Interview" is designed to provide the witness with an overview of Program guidelines and the services that the witness can - and cannot - expect to receive.
It will also ensure that all parties involved are aware of the issues which need to be resolved prior to Program authorization and relocation. The USMS will coordinate the preliminary interview directly with the prosecutor or agent. The USMS requires that a copy of the application and threat assessment be provided to it prior to, or at the time of, the scheduled interview.
Before providing a copy of the threat assessment, the agent should contact his or her headquarters Witness Security Program contact concerning any special instructions. Investigative agents and government trial attorneys are not authorized to make representations to witnesses regarding funding, protection, or other Witness Security Program services, including admission into the Program.
Representations or agreements, including those contained in plea agreements, concerning the Program are not authorized and will not be honored without specific authorization from OEO. Before authorizing any witness to enter the Witness Security Program, OEO will arrange for psychological testing and evaluation for each prospective witness and all adult 18 years of age and older members of the witness's household that are also to be protected.
This testing will, to the extent possible, determine if the individuals may present a danger to their relocation communities. Because the reports of the psychologists may contain information that is discoverable as potentially exculpatory Brady material in the criminal prosecution in which the witness is to testify, all materials submitted by the psychologists will be forwarded by OEO to the appropriate United States Attorney's Office USAO for review. Before undergoing psychological evaluation, the witness must sign a release form authorizing the Department to use the results of the psychological evaluation to the extent necessary in connection with the witness's application for acceptance into the Program or for other lawful uses.
The release form is available to Department attorneys. It is the responsibility of the sponsoring prosecutor or agent to have the witness sign the form prior to the evaluation. A polygraph examination is required of all Witness Security Program candidates who are incarcerated in order to maintain the security of those individuals who are now, or will be, housed in a BOP Protective Custody Unit. Authorization for the Program may be rescinded or denied if the results of the polygraph examination reflect that the candidate intends to harm or disclose other protected witnesses or disclose information obtained from such witnesses.
The prisoner-witness Program candidate will be expected to sign the polygraph examination form acknowledging voluntary submission to the examination. The witness's release form authorizes the Department to use the results of the polygraph examination to the extent necessary in connection with the witness's application for acceptance into the Program or for other lawful uses.
After an individual has been polygraphed, the examining authority will prepare and submit a report to OEO. Requests for protection of witnesses must be made as soon as it is known that the Witness Security Program candidate will be a significant and essential witness and will need relocation. It is incumbent upon each USA, Assistant United States Attorney, and the investigative agencies to present to OEO at the earliest possible time the request for authorization to place an individual in the Program.
Box , Washington, D. For security reasons, documents containing sensitive information are not to be e-mailed to OEO. All other divisions, agencies, and entities applying for Program use must contact OEO for application information and directions. In cases where the DHS ICE procedure to legalize the alien's status may require a lengthy time period, the sponsor or agent should secure from the DHS ICE a letter of intent to change the witness's status as part of the requirements for relocation under the Program.
Excludable alien witnesses who do not need the protective services of the USMS, but who need to remain in the United States, should have their sponsoring government attorneys apply for S Visa classification see JM The USMS is obligated to satisfy each commitment documented, as long as the witness remains in good standing in the Program, and the USMS will not be required to provide amenities or services not included in the document.
The witness will likewise be obligated to satisfy his or her documented commitment. Compliance in providing this information is essential, regardless of whether the prisoner will be housed in a Protective Custody Unit PCU or in the general population of a Federal institution, as it will enable BOP to adequately monitor the separation needs of protected prisoner-witnesses.
The information must be provided to BOP at the time witness security is being requested for a prisoner-witness in accordance with the other provisions of this Chapter. Requests for the appearance of a relocated witness for trial or pre-trial conferences and interviews in the case for which the witness entered the Witness Security Program should be made by the prosecutor to the Witness Security Inspector of the USMS in the prosecutor's area at least ten 10 working days in advance of the appearance date.
Investigative agents should make requests for interviews of a relocated witness for cases other than the Program case through authorized agency channels for approval by OEO. I never said yes. I always felt there was a risk still there," Shur said, "and that if a defendant against whom they testified is dead, there may be a family member out to get revenge or somebody within his organization who wants to be a hero of some sort and kill him.
Shur recalled two instances when witnesses refused protection. And there was another witness -- we tried to talk her into it. She refused and she was murdered. Henry Hill , the gangster who was the inspiration for the film "Goodfellas," opted out of the witness protection program, as did mob turncoat Sammy "the Bull" Gravano.
But those witnesses' decisions to leave the program make them the exception to the rule, Shur said. After a witness agrees to testify for the prosecution, he or she may be eligible to start receiving protection. Shur described an effective way of choosing where to relocate a witness.
And in my mind that's three places that they are not going. Because when you tell me you want to go to Hawaii, I know you have told all your friends that. Deputy marshals take the witness and the witness' family and move them to another area, Shur said. Sometimes, they start in a hotel. Sometimes, they are near other witnesses -- although they'd never know it, he added. Witnesses get help finding a job, but they aren't always compensated. They get money for a period of time, and then it stops," Shur said.
If you are a family of four in New York, you would get more money than a family of four from Corpus Christi. If you are a witness or are considering talking to government officials, you need an attorney by your side.
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These include: organized crime drug trafficking any serious federal felony that could result in retaliation against a witness any serious state felony that could result in retaliation against a witness, and any civil or administrative proceeding that could jeopardize a witness's safety.
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