Justice Manual § 9-21.100

A witness may be considered for acceptance into the Witness Security Program if they are an essential witness in a specific case of the following types:

A. Any offense defined in Title 18, United States Code, Section 1961(1) (organized crime and racketeering);

B. Any drug trafficking offense described in Title 21, United States Code;

C. Any other serious Federal felony for which a witness may provide testimony that may subject the witness to retaliation by violence or threats of violence;

D. Any State offense that is similar in nature to those set forth above; and

E. Certain civil and administrative proceedings in which testimony given by a witness may place the safety of that witness in jeopardy.

In order to facilitate the processing of a request by a government attorney for a witness's acceptance into the Witness Security Program, OEO's Witness Security Special Operations Unit has designed an application form that requests the specific information needed to support the request. This form requires a summarization of the testimony to be provided by the witness and other information evidencing the witness's cooperation, the threat to the witness, and any risk the witness may pose if relocated to a new community. Government attorneys may obtain application forms and instructions concerning a witness's entry into the Witness Security Program (the Program) from the:

Special Operations Witness Security Unit

Office of Enforcement Operations, Criminal Division

U.S. Department of Justice

P.O. Box 7600

Washington, D.C. 20044-7600

or call OEO at (202) 514-3684

Much of the information in OEO’s form is mandated by the Act, which requires the Attorney General to obtain and evaluate all available information regarding the suitability of a witness for inclusion in the Program. This information must include threats against the witness, the witness's criminal history, and a psychological evaluation for the witness and each adult member of the household (18 years and older) that will be entering the Program. Additionally, the Attorney General is required to make a written assessment of the risk the witness and his/her adult family members may present to their new community. Factors which must be evaluated in the risk assessment include, but are not limited to, criminal record, alternatives other than Program protection which have been considered, and the possibility of securing the testimony from other sources. If it is determined that the need for prosecution of the case is outweighed by the danger that the witness or adult family members would pose to the relocation community, the Attorney General is required to exclude the witness from the Program.

Prior to Program authorization, witnesses will be required to make payment of any known debt for which there is a valid judgment, or make satisfactory arrangements to pay the debt; to satisfy all outstanding criminal and civil obligations (e.g., fines, community service, restitution); to provide appropriate child custody documents; and to provide appropriate immigration documents, as necessary. In addition, as a condition of authorization into the Program, the Department may, at its discretion, notify local law enforcement of the presence of the witness in the community and his or her criminal history; mandate random drug or alcohol testing and/or substance abuse counseling; and set other conditions believed to be in the best interests of the Program.

To avoid any unnecessary delay in processing a Program application, government attorneys should note the following:

In order to make certain that each application for entry of a witness into the Program is both appropriate and timely, the witness should, prior to his/her acceptance into the Program, either appear and testify before the grand jury or in some other manner have committed himself/herself to providing testimony at trial. This requirement relates to the commitment of the witness to testify, and is intended to ensure that the witness's testimony is available at the time of trial. It is equally as important a requirement that the prosecutor intend to have the witness testify, and that the witness's testimony be significant and essential to the success of the prosecution.

The protection and relocation of witnesses and family members are expensive and complicated. In addition, DOJ is obligated to provide for the safety and welfare of a protected witness and family members long after the witness has testified. It is imperative, therefore, that the request for entry of a witness into the Program be made only after the sponsoring attorney has determined that the witness's testimony is significant and essential to the success of the prosecution, as well as credible and certain in coming.