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I T_ PAGE 46
SECTION 46. FRAUD AGAINSTTHE GOVERNMENT,

ET AL.; RENEGOTIATION ACT
-
CIVIL SUITS, ET AL.; FALSE CLAIMS - CIVIL SUITS
46-1 FRAUD STATUTES :
Purpose - to protect the U.S.;Government from any attempt

to
interfere with its lawful functions by deceit or
dishonesty; not
only where apecuniary loss may be involved, but whenever the
Government's functions are defeated by misrepresentations. The
following are
only the most
commonly used statutes in prosecuting
these crimes.- "
EFFECTIVE: 10/22/84 92
461.1 Conspiracy to Defraudi Title§l8§ usc, Section 286

< Twoor
more persons, byagreement obtained,
or
aided in
obtaining, payment from
the U.SL Government through the submission of
false
claims. .
EFFECTIVE: 10/22/84
461.2 False, Fictitious, or

Fraudulent Claims, Title 18, USC,
Section 287 -
The elements are ! to make or present a false claim

against the U.S. Government while ! knowing such claim to be false.
EFFECTIVE: 10/22/84
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Part I PAGE 46
46-1.3 "False Statements, Title 18, USC, Section 1001
To knowingly and willfully falsify amaterial fact; or

make a false, fictitious, or fraudulent statement; or make/use false
writing or documents in any matter within'the jurisdiction of the U.S.
Government. IA false
complaint given to the FBI, or any other Federal
law enforcement agency, that initiates acriminal investigation
resulting in the expenditure of time and
resources, is amatter within
the jurisdiction of the U.S. Government and aviolation of
this
statute. A false statement in an application for Federal employment
is also aviolation of this statute. A false statement in an
application for civilian employment violates this statute if the
applicant knows or should reasonably foresee that the application will
be submitted to aFederal Government agency for asecurity check. A
false statement may be written ororal, sworn
or unsworn. This
statute does
not apply to false statements made under oath before the
grand jury or in a judicial proceeding. False statements made in an
interview initiated by a Federal law
enforcement agency, or by an
employee in
a noncriminal personnel matter may, in some instances,
C constitute a
and !.
violation of Section 1001.
'See 46-1.8% Policy, !, !
EFFECTIVE: 10/22/84
46l.4 Conspiracy to Commit Offense or Defraud the United States,

fTitle 18, USC, Section 371
If two or more.persons ! conspire either to commit any

offense
against the United States, or to defraud the
United States, or
any agency thereof in any manner or
for any purpose, and ! one
or
more of
such persons commit to effect the object
any act of the
conspiracy, each shall be fined
not more than $10,000 or imprisoned
not more than 5years or both. If, howemer, the offense, the
commission of which is the object of
the ponspiracy, is amisdemeanor
only,
the punishment for such conspiracy shall not exceed the maximum
punishment provided for such misdemeanor. For additional details see
Part I, 62-16 of this manual.! 1
EFFECTIVE: 10/22/84
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46*l.4.1 Mail Fraud, Title 18, USC, Section 1341
The U.S. Postal Service is specifically charged with the

duty of investigating use of
the mails in furtherance of ascheme or
artifice to defraud. The above notwithstanding, this statute, which
carries penalties of
a $1,000 fine and/or'5 yearsimprisonment, has
been effectively used by the FBI in pursuing Fraud Against the
Government FAG! investigations and should be thoroughly familiar to
Agents investigating such matters. The statute citation, key
elements, and Bureau policy can be found inPart I, Section 36 of this
manual captioned "Mail Fraud."
EFFECTIVE: 10/23/86
46-1.5 Other Fraud Statutes
It is
noted that Congress, when approving legislation
,.r_~
establishing various federally funded programs, incorporated into that
legislation specific criminal statutes which
are to be used in
prosecuting frauds against such programs or thefts of program funds.
when program fraud allegations are received, it will be necessary to
determine from
the administering agency the identity of specific fraud
statutes, if any, which may have been created solely to aid in
prosecutions relative to the affected program.
EFFECTIVE: 10/23/86
46-1.5.1 Theft or Bribery Concerning Programs Receiving Federal

Funds, Title 18, USC, Section_666
I
When astate or local government or organization receives
$10,000 or more annually in Federal funds; it is
unlawful ! for an
agent
or employee to embezzle or misapply $5,000 or more for an
agent or employee to accept abribe in a matter involving $5,000 or
more or ! for anyone to offer
a bribe to an agent or
employee.
EFFECTIVE: 10/23/86
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|461.5.2 National Organ Transplant Act NOTA!; Prohibition of Organ

Purchases Title 42, USC, Section 274e!
' ! Section 274e, Prohibition of organ purchases, reads

as
follows: '
" a! Prohibition -
,"It shall be unlawful for any person to

knowingly acquire, receive, or otherwise transfer any human organ
for
valuable consideration or use inhuman transplantation if the transfer
affects interstate commerce.
" b! Penalties _
"Any personwho vidlates subsection a! of this
section shall be fined not more
than $5O,QOO or imprisoned not more
than five years, or both. _
" :9 Definitions
"For purposesof subsection a! of this

92
section: - |
i"! The term human organmeans thehuman

1 kidney, liver, heart, lung, pancreas, bone marrow, cornea, eye, bone,
92
and skin, and any other human organ specified by the Secretary of
Health and Human Services by
regulation.
"! The term valuable consideration does

not include the reasonable payments associated with the removal,
transportation, implantation, processing, preservation, quality
control, and
storage of ahuman organ or the expenses of travel,
ihousing, and lost wages
incurred by the donor'of
ahuman organ in
Jconnection with the donation of the organ:
- "! The term interstate commerce has the

meaning prescribed for it by section 321 b! of title 21."
! Violations of the above

law should be
opened in
Bureau case classification 209 Fraud Against the Government FAG! -
Health and Human Services HHS!!, and captioned in communications as
"FAGHHS-NOTA," with the addition of Fraud by Wire, Mail Fraud, or
"K others, asiappropriate. S

E, !
-,~_.-» Reporting requirements
for FAGcases should be
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Part I 1 -PAGE 46
adhered to
in conducting these investigations.
EFFECTIVE: 10/23/86 '
461.5.3 Major Fraud Againstthe United States

Title 18, USC,'
Section 1031!
See also PartI; Section|46-1.l3|of this
manual!
! Prohibits anyone fromexecution or attempted

execution of ascheme with intent: '
"! to defraud
the United States; or
n
"! obtain money or

property from the United States
by meansof false or fraudulent pretenses, representations, or 1
promises,in
any procurement ofproperty of.services as aprime
contractor with the United States or as
a'subcontractor
or supplier on
a contract in which there is
a prime contract with the United States,
if the value of the contract, subcontract or any constituent part
1
thereof for such property
or services is $1,000,000 or more,
shall...be fined not more than $1,000,000 or imprisoned not more than
ten years, or both."
/
! Subsection B provides for'a maximum
fine of
$5,000,000 if the schemeinvolves aconscious or
reckless risk of
personal injury. s "
! Subsection Fprovides a statute of limitations of

seven years. 1
EFFECTIVE: 07/31/97
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461.e Anti-Kickback Act of

1936, Title 41, usc, Sections51-54
I vProhibits any person, as defined in the statute, in all
Government contractsfrom ! providing orattempting oroffering to
provide anykickback toemployees of aprime contractor, or higher
tier subcontractor;or ! soliciting, accepting, or attemptingto
accept any kickback for purposes of securing aGovernment contract or
including amountof kickback in contract price chargedby a
subcontractor to aprime contractor or ahigher tier
subcontractor or
in contract price charged by a prime contractor to
the U.S.
EFFECTIVE: O2/20/90
46-1.7 FAG-Federal Lending and

Insurance Agencies
FLIA! p
Congress haspassed legislation establishing a numberof
federal lending and insuranceagencies, some
of
which are independent
agencies, while others operate within the framework of the U.S.
Departmentof
Agriculture USDA! and
the Departmentof
Housing and
Urban DevelopmentHUD!. Theseagencies engage
in direct lending of
federal funds, and/or guarantee loans
disbursed by private sector
banking/finance industry! sources. Certain agenciesoffer
federal
lending insurance. The FBI's
PRIMARY investigativejurisdiction
regarding violations involving FLIA is limited to the following
federal agencies: i
! Small
Business Administration
! Deleted
! Federal Crop InsuranceCorporation - acorporation

within USDA.
! Federal Emergency Management

Agency - this
independent agency
was charteredto enhance/coordinate
emergency
preparedness and response resources of
the federal, state
and local
governments withrespect to the full range,of emergencies- natural,
man-made and nuclear.
/"=-
EFFECTIVE: 07/31/97
MW
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I l PAGE
46
46l.7.1 Fraud
Statutes Pertaining to FLIA
Title
I! 18, USC,Section212. Prohibitsoffer
of loan
or gratuity
to bank examiner.
! Title 18, USC,Section213. Prohibitsacceptance of

loan or gratuity
by bank examiner.
! Title 18, USC,Section215. Prohibitsreceipt of

commission or
gifts or procuring loans.
-
! Deleted -
! Title 18, USC,Section

217. Prohibits
acceptance
of
consideration for adjustment of farm indebtedness.
! Title 18, USC,Section

657. Prohibits
embezzling,
abstracting,or misapplying
funds,securities,etc.,
by officers,
1,... agents,employees,
or receiversof lending,credit, andinsurance
institutions;
! Title
18, USC,Section
658. Prohibits
concealment,
removal,
disposal,
or conversion
to personal
use
of propertymortgaged
or pledged
to farm credit agencies. -
8! Title 18, USC,Section

1006. Prohibitsfalse entries
in Federalcredit institution
books, reports, andstatements.
9! Title 18, USC,92Section
1011. Prohibits
false
statements
andovervaluing
of landin-Federalland
bank mortgage
transactions.
.

1013. Prohibits
making
false
pretensesor representations
in connection'with
farmloanbondsand
credit bank debentures.

1014. Prohibitsfalsification
of loanapplications
submitted
to certainFLIA. Refer
to statute.!
2! Title 18, USC,Section1907. Prohibitsdisclosureof
information
by farm credit examiner.

1908. Prohibitsdisclosure
of
-r::4.. information
by national agricultural credit examiner.
-.n 4! Title 18,USC,

Section
1900. Prohibits
performance
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Part I PAGE 46
of services for compensation by examiners.
46-1.8 Policy
! Except to the extent that

investigations involve
allegations of corruption on the part of U.S. Government employee s!,
which require agreater degree of administrative scrutiny and more
expeditious reporting, other policy and investigative guidelines
appearing in this "46"! section of the manual pertain to all FAG
violations. ' T
I
! FAG cases must be given prompt and continuous
attention. The level
of manpower devoted to, and the priority placed
upon completion of these
investigations should be governed by the
circumstances of each case in relation to,the entire case load. There
is aheightened necessity to promptly resolve those allegations
pending against Federal employees due to the fact that
the affected
Federal agency may delay, or otherwise coordinate, administrative
action contemplated against-their subject! employees, with receipt of
the results of the completed criminal investigation.
! All FAG allegations which'serve as

predication for
opening an investigation must be discussed with the U.S. Attorney
early
in the
investigation. Should the USA concur in the initiation
of an investigation, this PRELIMINARY PROSECUTIVE
OPINION should cite
the applicable statute s! which applies to the alleged violation, AND
acommitment to pursue prosecution shou1d.the allegations be
substantiated through investigation. If the initial
complaint/allegation is not sufficiently specific to enable the Agent
to hold an
informative discussion with the USA,conductappropriate
investigation to "round out" the allegation such that an
adequately
detailed discussion may be held.
It should not be necessary for the
USA to request such
investigation.! Regardless of whether the USA
expresses awillingness to
prosecute, or declines prosecution out of
hand, the opinion and all AUSA
opinions!'should be confirmed in
writing. The initial 30day LHM, or closing LHH in the event
of a
I prosecutive declination, is sufficient
Part 1, 46-1.3, a46-1.12!.!| "-
for this purpose. | See MIOG,
! with regard toreferrals'wherein the victim

Government agency has conducted significant investigation in efforts
to determine whether or
not a Federal violation has been committed,
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Part I .PAGE 46
consideration should be given to having the agency investigator

present during the preliminary discussions of the case
with the USA.
Much of the background can then be explained by the agency
investigator, thereby minimizing needless duplication of effort.
|[ See !.!| _'
! Pay close attention toSPECIFIC TITLES of Federal,
state
and local agencies involved defrauded! in FAGcases, as
frequently there
exist confusing similarities among suchagency or
program titles. Failure to properly identify the agency involved may
lead to amisunderstanding of the
facts. :In those instances where
a
state or local agency which
receives PARTIAL FEDERALFUNDING has been
defrauded, a Federal violation MAY have
occurred. The COMINGLINGof
Federal and state
or local! funds
should not ordinarily in and of
itself be a bar to Federal prosecution. Consideration should be given
to advising FBIHQ of those
instances wherein
comingling of funds is
indicated as the reason behind adeclination of prosecution. Under
appropriate circumstances, FBIHQ will
discuss such decisions with the
Department of Justice. ' ~
Wkviolations a! ! Complaints/allegations
.
which through
legislation
concerning FLIA and other FAG
or through mutual
agreement
are not within the FBIs primary investigative jurisdiction or b!
which cannot be afforded adequate investigative attention_due to
manpower constraints within division and/or the failure of the
allegation to "measure up" to prosecutive guidelines of the USA,
should bereferred to the appropriate local or regional office of the
Inspector General for the affected Federal agency. Where no such
local or regional office exists, forward the matter to FBIHQ with a
request that the matter be referred to the national headquarters of
the appropriate agency.
For example, violations relating to Farmers
Home Administrationmatters
are investigated by the Office of
Inspector General, Department of Agriculture. The FBI does, however,
investigate violations which indicate criminal misconduct on
the part
of usm employees.! | See moo, Part 1, 461.3.!|
SPECIAL NOTE: In all instances wherein investigative matters are
referred by afield division to another Federal agency BASED
UPON
MANPOWER CONSTRAINTS, FBIHQmust be advised by
LHM; the cover
communication should clearly state that pending investigative matters
being
addressed by
the field division are of greater significance than
the
item of referral. A copy of each such
referral should be routed
to aspecial field office file entitled "Fraud Against the Government
Matters-Referrals to other
Agencies." Ensure proper indexing of such
/"EH referrals.
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Part 1 PAGE 46
! FBIHQ should-be promptly
notified, by telephone
and/or teletype, of the initiation of
MAJOR or OTHERWISE SIGNIFICANT
FAG
cases
which may prompt
news media or other! inquiries to be X
directed to FBIHQ. A - _
8! Promptly report significant investigative/prosecutive

developments to FBIHQ in aform suitable for dissemination to the
appropriate Government agency, as that agency may have deferred
administrative or civil action regarding.contracts, contract
negotiations, loan or loan guarantees, etc., pending the outcomeof
the criminal investigation.
9! FAG investigations which fail to disclose evidence

that aFederal violation has_been committed may be "closed" without
consultation with the USA, provided all logical investigation has been
completed. Prosecutivedeclinations should include the underlying
reason for same e.g., "no Federalviolation substantiated through
investigation," "lack of
prosecutive merit due to exp1anation!,"
etc.!. The PROSECUTIVE DECLINATION
of the USA should
be confirmed
by-
means
of the
closing LHM. JA
¢
EFFECTIVE: 09/16/94
46-1.9 Investigative Procedure
! Determine the identity of the governmental agency and

agency program source of funds! which has been defrauded. Based upon
the complaint or allegation, ascertain the specific title and section
of Federal law which may have been violated. - The "United States
Government Manual"
is an
invaluable guide
to understanding
departments, independent
establishments and
Government corporations
of
the Executive Branch of
the Federal Government, as well as the
departments andoffices of the LegislativeIand Judicial Branches. All
field
divisions are issuedacopy of this yearly manual.!
! Identify those
governmental officials having
administrative responsibility for the victim agencyand/or program.
Ascertain whichagency procedures havebeen
misapplied or subverted in
furtherance of the alleged FAG violations. Take noteof any agency
practices or procedures, formalor informal, which mayadversely
4~- affect the investigation and/or future prosecutive action. Be certain
to bring such items
to the attention of the
prosecuting attorney.
J
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Part I -' PAGE 46 - ll
Determine in advance the substance of testimony which Government

officials,wil1 provide ifcalled upon during trial. -
! Identify the subject s! and_verify the means bywhich
the subject s! is alleged to have defrauded the Government.
! Identify and obtain any false or fraudulent

documentary evidence which will prove the'existenceof aviolation.
! Gather evidence of willful intent on the part of the

subject s!. Be mindful to obtain/ascertain:
La
L16
! Special Agents of the FBI are empowered to take

signed statements, under oath from witnesses and subjects in those
investigations where aGovernment employee is implicated in
criminal|misconduct or irregularity, and in those investigations of
fraud on, or attempts to defraud, the United States Government.|
Consideration should be given to obtaining such statements in those
instances where such a form
of evidence will tend to strengthen.the
findings of an investigation. It is
recognized that this
is a
judgmental decision, requiring the thoughtful consideration of the
experienced investigator. Legal/Evidentiary ramifications of such
statements may warrant consultation with
the division's principal
legal advisor or with the prosecuting attorney associated with the
investigation. Statutory authority for placing witnesses and
subjects under
oath is contained in Title 5, USC, Section 303.!
! Complex FAG cases frequently demand that a close

working relationship be maintained with the USA's Office
in
order to
assure
that the case "develops" at apace that will
facilitate the
prosecutor's comprehension
of the complexities of the matter and
therefore lend to a timely
prosecution of the vio1ation s!. Keep
alert to avoid unnecessaryinvestigationJ iConsideration should be
given to the utilization of manpower from other Government agencies t
"PH review audit/examine! their inrhouse records when such a review does
not threaten the integrity of the investigation.
JIf.
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Part I ' PAGE 46
EFFECTIVE: 03/28/84
46-1.10 Venue _
! False claim or documentrJudicial district where the

false document was submitted to or received by the Government.
! Oral false statement or the concealment ofamaterial

fact s! - Judicial district where the false
statement was uttered or
where the concealment occurred. 9
EFFECTIVE: 02/20/90
46l.1l Fraud Against the Government Security

f Aspect
There are special provisions-in this manual,
in»addition
Q, to those contained within
which
have a"security" aspect.
this section, with respect
These maybe found in other FBI
to FAG violations
investigations; e.g., Applicant investigations, Security of Government

Employee investigations,Domestic Securityinvestigations concerning
individuals, and investigations of Atomic EnergyAct violations.
Appropriate special considerations contained within this manual
as
indicated below! should be reviewed prior to the initiation of certain
investigations, as follows: ' ' '_
! Applicant and EmployeeInvestigations Conducted for

Other GovernmentAgencies - General Instructions: See Part II,
Section 17,
of this manual; _
! Atomic EnergyAct of 1954 - Criminal Violations: See
Part I, Section 117,
of this manual;
! Security of Government Employees: See Part I,

Section 140, of this manual.
EFFECTIVE: 02/20/90
/"T7.-. V:
Kev p..
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Part I' Q PAGE 46
I 46-1.12 Reporting
Requirements
I See MIOG,
PartI, 86-5,206*4.!|
l! |De1eted| "
! Submit a letterhead memorandum
LHM! original and
four copies! within 30 daysof receipt of a FAG
The LHM
should be suitable for dissemination to complaint/allegation.
Justice, b! the Office of PersonnelManagement
a!theDepartment
of
those
in instances
wherea federal employeeis the SUBJECTof the investigation!, and c!
the federal agency s! affected
by the allegation/investigation. The
initial LHHshould,at a minimum,
detail the predicationfor opening
the investigation,
summarize the investigation conductedin order to
"roundout" the allegation s! andreflect the preliminaryprosecutive
opinion obtained see 46-1.8! abohe!. eBeCERTAIN
to DATEthe
receiptof the complaint
andALLothersignificantevents.
! TheLHMis the mainvehicleutilized for conveying
C notification
investigationsto
affected
of the initiation, status and disposition of FBI
D
federal agencies,as well as the Department
of Justice. Inclusion
of Rule
6 e! federal grand jury source!
material in an LHMwill most often preclude dissemination of that
communication
outside of the Departmentof Justice.
Thus, Rule
6 e!
material should
be excluded from LHMs, absent a federal court order
authorizing access to other interested parties/agencies. The LHMis
NOTto serve as a prosecutive or investigative report.
0
Q! Federal agencies Offices'of

Inspector General! have
a statutory right to
be informedof the-existenceof investigations
affecting their agencies. Requestsfor withholdingdissemination
indicated in
! above must
be SUBSTANTIAL'and
documentedin the
"Administrative"section of the cover[communication.
! Thedecisionregardingpreparationof a "prosecutive
report" is left to the discretion
of the SAC/FieldSupervisorand
should
be considered
on a caseby-casebasis. Thecomplexity
of the
investigationandneedsof the prosecuting
attorneymay
be determining
factors in this decision. USAs'
requestsfor prosecutivereports
should
be honored in all instances. Prosecutive reports are not
routinely disseminated outside of the Departmentof Justice.
! Preparationof interim, advisory LHMsMAY

be
warranted in certain high profile investigations or in those
'1.
investigations which are being followed closely by the affected
-..92,~,.'-'
federal agency.
I
Sensitive
PRINTED: U2/18/93
_l*__..___..___.--l,.....
_..._...l92......s~..:_..-=:-_.;-u.L;;.:92:--.!L.A:;
-. l__., 2_,_l_,_,_.,;.___.-__ A92_tM1 __,_
.__ __.,t
__,.___ _,__,____
<s » Sensitive
:

Part I 2PAGE 46
! TITLECHANGES should benoted inthe opening
paragraph of
LHMs, in
order toassist recipients Offices ofInspector
General, etc.!
inreferencingprior LHMs
or correspondence
regarding
the investigativesubject. Other identifiers, agency"titles" or file
numbers when
known, should be included in LHMsto assist in
referencing other agency files. 1;
i 8! In those investigations where
the USA
declines
prosecution AND
the subjectis afederal employee, obtain
aspecific
comment from
the USAas to
the merits of administrative and/or civil
remedies against
the federal employee who
is the subject of the case
in whichprosecutionis
being declined. Ensurethe specific comments
are confirmed
in writing. The comment
must beincluded inthe closing
LHH. If the USAadvises nomerit exists,1so state.
If the USA
advised merit
does exist,astatementsuch as"the foregoing
declination is made due
to the matter not meeting thestandards
required for federal prosecution
by theUSA. It should notbe _
construed by
your agency,
or byother affectedagencies,in
such a way
1-,-.__ as to preclude the initiation of such administrativeand/or civil
remedies as may be appropriate" is suitable;
9! Deleted
0! A CLOSING must
LHM
be prepared for
each investigation
which hasbeen concluded.
This final
LHM MUST restate
the predication
for opening
the investigation,summarize investigative
findings and
detail the disposition of the investigation.
Prosecutive action
should be
DETAILED from indictment, information
or complaint,through
plea acceptance,
trial disposition and/or sentencing,
as appropriate.
Ensure that 3 FULL
DESCRIPTION of the subject s! is included in this
communication.Again,
be certain to DATE allsignificant events. In
209A
matters involving health
care providers,
onecopy
of pertinent
FD-3025 which
do
not contain grandjury informationprotected pursuant
to Rule 6 e! of the FederalRules of Criminal Procedureor
information
that would
jeopardize an informantor
confidential witness shouldbe
sent to FBIHQ for dissemination to the Department of Health and Human
Services-Office of the Inspector General HHS*OIG!. The FD-302s
should beattached to one copyof the LHM and
listed as
enclosures for
dissemination toHHS-DIG. The
FD-302s should
be listed by dateand
name onthe cover|communication.|
This could assist the HHS-OIG to
recover funds
pursuant to the Civil Monetary Penalties Law of
1981.
This lawcan befound atSection1128A
of the SocialSecurity Actor
at Title 42, USC,Section 1320-7a. It authorizes the HHS-OIG to
impose civil monetary penaltieson health care providers who have
defrauded HHS.
The HHS-OIG
will report these recoveries
to FBIHQ.
FBIHQ willthereafter notify the office of origin, or in accordance
'-.'.-
Sensitive
PRINTED: 02/18/Q8
.. .._____._:....
...,._..._..._.1-1.---1..-.-...-.-.-s.,n.....1.»..;~.»...,.,
.._...'.1.;......_._1,.-.-.w....;e...;..;.;;:.....-...=...~...
1..-.-mi-_._.__._1i. .1 ..-.1 -nu» .,.. _..i.i
Sensitive

Part I .PAGE 46
with the Manual~of Administrative
Operationsand
Procedures, Part II,
35.2.7, ! b!, "Joint Investigation Recoveries,"arecovery may be
claimed bythe appropriate field division.'| See
MIOG, PartI, 209-2.!
1! SPECIAL NOTE: Every effort should be madeto furnish
the victim federal agencywith constructive criticism concerning
weaknesses within the agency's
procedures or internal controls which
may predispose the agency to
fraudulent practices or limit the
agency's
ability to
uncover fraudulent acts after the fact. Such
observations on the part of the investigating Special Agent are
valuable, and
the inclusion of same within the closing LHH or a
separate LHM, if appropriate! is to be encouraged in all instances.
EFFECTIVE: 04/02/97
J .
46-1.13 Penalties Maximum! '
! Title 18, USC, Section 286pp $10,000

~ and/or 10 years
! Title 18, USC, Section 287 - $10,000 and/or 5 years
! Title 18, USC,Section 371 $10,000 and/or 5 years

for felony; if misdemeanor, no more than penalty for misdemeanor
! Title
41, USC, Sections5154 Afine in accordance
with Title 18, Section 3571 ETSEQ. a fine of not more than
$250,000!
and/or 10 years.
-! Title 1s, usc, Sections 212 0213 - $5,000 and/or 1

year and fined a further sum equal to
money loaned or gratuity given
! Title
18, USC,Section
215 - $5,000 and/or 5years,
if amount involved
does not exceed $100, then $1,000 and/or 1 year.
E! Title 18, USC, Section 217 -$1,000 and/or 1 year
8! Title
18, USC, Sections 657 & 658 - $5,000 and/or 5
years, if amount involved does
not exceed $100, then $1,000
and/or 1
year
r*"Z:.
9! Title
18, USC, Section666 $100,000 and/or 10 years
,'x.
92-Mi.--'57
f 0! Title
18, USC,Section
1001 - $10,000 and/or 5 years
1
-~ .
Sensitive:
PRINTED: 02/18/93
.,_..._...___--.es.-.92._-.1cc-.._c-.-.A.>.=92s._...-¢..;.1a4_;,s1.¢..¢-.u_;..-1.2.-....,...-.;~..;.._,.;'...2._...;L-..;sZ_i;..-;.la..
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___;_
1- _,, U, H, __
_ ___ _
L
Sensitive
Manual
PartI of Investigative Operations and Guidelines
PAGE 46
I
1! Title 18, USC, Section 1006
$1,000,000]and/or|20|
years 1
2! Title 18, USC, Section 1011 $5,000 and/or 1 year

3! Title 18 , USC, Section 1013 $5,000 and/or 1 year
4! Title 18, USC, Section 1014
]$1,000,000|and/or|20|
years
' 5! Title 18, USC, Sections 1907-1909 - $5,000 and/or 1

year
6! Title Q2, USC, Section 274e - $50,000 and/or 5 years

|7! Title 18, USC, Section 1031
- $1,000,000 and/or ten
,~92-1 years $5,000,000if conscious or reckless endangerment!|
EFFECTIVE: 02/20/90
46-1;14 Character See MAOP,

Part 11,3-1.1 & 3-1.2; MIOG,
Introduction, 2-1.5.3; Part If206-6 & 207-2.!
!With the exception of 200 cases, Fraud Against the

Government -followed by a!
the name of the Federal department or
agency concerned and b!
Identity of the program or activity where
fraud occurred!
! Unique classification numbers havebeen assignedto

FAG cases pertaining to certain major Government agencies.
Instructions for these
classifications are the SAME as contained
within this section. The "46" classification will be used for all FAG
cases involving Government agencies not specifically identified below
NOTE: BE CERTAINtoinclude the appropriate ALPHA DESIGNATION within
therclassification "number." Refer
to the substantive section of
this
manual for the distinction between such
alpha components of the
classification "number."!
92 17 A&B FAG Department of Veterans Affairs VA!

46 A&B FAG Agency involved
86 A&B FAG Small

Business Administration SBA!
Sensitive:
PRINTED: 02/18/98
.._..__...._.._...-..1._.-._.._...1..-...-I1...- .._._.._.-..;1...._.l.92..;..;.-...m.x:; .-;.;;.._'_.92o._:i._.;..1i..1'..
- .._;-__1.>-::~--~15;--.-=:-~_§;:;_;_
»~- __ *4 1 ___ _d_ : ___92
Sensitive
p

Part I _. PAGE 46 -
147 A&B FAG Department of Housing and Urban

Development HUD!
206 A&B FAG Department of' Defense DOD! Appropriate

Branch of Military
206 C&D FAG Department of Agriculture USDA!
.206 E&F FAG Department of! Commerce DOC!
206 I&J FAG Department 0FInterior DOI!
207 A&B FAG Environmenta1_ Protection Agency EPA!

207 C&D FAG National Aeron autics and Space
Administration NASA!
207 E&F FAG Department of_ Energy DOE!

207 G&H FAG Department of Transportation DOT!
208 A&B FAG General Servic es Administration GSA!
209 A&B Health Care Fraud
210 A&B FAG Department of Labor DOL!
213 A&B FAG - Department of Education DOED!
EFFECTIVE: 12/23/93
46-Z RENEGOTIATION ACT - CIVIL SUITS
EFFECTIVE: 01/31/73
[Qt
Sensitive
PRINTED: 02/1 8/98
.__...............w.-1-=-...-_.-.1.._._.u.__a-r92---..._-an -¢......|.'---3,...--_-_A¢s.->.;;.1-az_..;.-.-..1_.'-}..£r-LL-...L
'-1-IL...__.a4
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- _._l.-..
-|....a..i...A-_,.i -92.-___|a
->.
C Sensitive

Part I PAGE 46
462.l Background p
! The Bureau conductsinvestigation in Renegotiation
Act Civil! suits brought under the Renegotiation Act of 1951 - Title
50, USC, App., Section 1211 et seq. j
! The Renegotiation Act of 1951, in general,
provides
that Renegotiation Board is to review thejtotal profit derived by a
contractor during ayear from all of
his renegotiable contracts and
subcontracts in order to determine whether or not
this profit is
excessive. The Board is empowered to eliminate those profits, found
to
be excessive in accordance with certain
statutory factors. Thus,
renegotiation is determined with respect to all receipts or
accruals
from renegotiable contracts and subcontracts of a contractor during a
year.
! The renegotiation pr0cess]al10ws an after-thefact

review of the profits on renegotiable contracts and subcontracts
relating to
the national defense and space contracts and related
subcontracts. This is arenegotiation of acontractor'sfiscal-year
, aggregate profits on these
from price
adjustments
contracts; thus} it iscompletely
or redeterminations'with
different
respect to individual
contracts.
! Petitions for redeterminations of excessive profits

determined by the Renegotiation Board are filed with the
U. S. Court
of
Claims. The Court of Claims has exclusive jurisdiction to
determine the amount of excessive profits received or accrued by a
contractor or
subcontractor inthese cases. The Court of Claims may
determine that
the amountof
excessive profits is less than,
equal to,
or
greater than
the amount
determined by the Board.
! The proceeding in the Court of Claims is not a

proceeding to review the determination of the Renegotiation Board, but
is ade novo proceeding. The decision of the Court of
Claims is
subject to review only by the Supreme Court upon certiorari in the
manner provided in the United States Code
for the review of
other
cases
in the Court of Claims.
EFFECTIVE: 01/31/78
.._..._.
92.-.-
Sensitive
PRINTED: O2/18/98
A 7
____~.-. _._a;..~..1..i.-s;. ._.1..a;--;.¢...-_.-.....¢._=.._.l.:.
_a-1.....;-...;.._....=..;.;;.;.;;..;;-;.L.;.'._..1-.'.._.._
- ..__
....,. _ L4-a921.u|_1 .;:;..,_,___.. .~__,,
-92~=
. 97..
>92.
Sensitive

Part I .PAGE 46
46*2.2 Policy '
! Investigations are requestedby Assistant Attorney

General in charge of the Civil Division. I
! These requests, which contain detailed instructions

as
to what is
desired, usually are accompanied bythe renegotiation
file and certified copies of all pertinent tax returns and a
memorandum entitled, "General Instructions to the Auditor, which are
forwarded to assist the Agent in the_accounting investigation.
EFFECTIVE: 01/31/78
46*2.3 Investigative Procedure
! These investigations are of acivil nature

resulting
from
actions filed by contractors against the U. S. Government in the
Court of Claims. These suits pertain to instances where unilateral
C determination hasbeen made
by Government
as to
the
excessive profits realized by the contractor under renegotiation.
amount of
! In usual cases,all negotiations between plaintiff

and Renegotiation Board are based on unverified accounting submissions
supplied by
plaintiff. It is imperative that athorough audit be
made, andall accounting data be verified or reasons given
as to why
it could not be verified. _
EFFECTIVE: O1/31/78
46*2.3.1 Renegotiable v.
Nonrenegotiable Sales
! Government is primarily concerned with profits made

on plaintiff'srenegotiable business. Unless total sales are broken
down between renegotiable and nonrenegotiable sales, no determination
can be made asto amount of excessive profits earned by plaintiff for
year under
review. Experience has indicated it is often difficult to
classify some portion of plaintiff's sales;therefore, investigating
Agent must make somedecision in this
respect. Various methods of
arriving at
this decision can be suggested and a few
are set out
below.
r;
n.
a! What is opinion of company officials and
Sensitivej
PRINTED: 02/18/98
_ l.. _- __. _ .l__ ....._ _ -. I-S L _ .......u".-__ Ll - _. .._ .+ __l
" ..r
Sensitive
Manual of Investigative Operations and

Guidelines
Part I " PAGE 46
accountants, including outside auditors who may have prepared

plaintiff's renegotiationreports and forms?
b! Were companies to whom the sales were made
renegotiated and, if so,
what percentage of
renegotiable business
was
arrived at in these cases? f
c! Ifit is
necessary to obtain this information
from other sources, leads should be set forth for appropriate offices.
Do purchase orders or other records relating to purchase ofmaterials
used in construction of
items sold show this
material was obtained for
defense or space contracts and related subcontracts?
! Examination should be made of

cost records to
determine whether direct and indirect costs are properly attributed to
renegotiable and nonrenegotiable sales. Basis for plaintiff's
allocation of overhead and other
indirecticosts should be commented
on. Ifany costs
are improperly attributed, adjustments and reasons
~._ therefore should be clearly indicated. There is no objection to
Q discussing the
company officials.
determination
unreasonable, Agent should point

out
of these sales
and
Should company'sstand as
his neason for
related
to this
believing
costs
with
determination
the
be
stand
unreasonable but should
not enter
into any controversy with
officials or their counsel. Agent should, at all times, be in
position to support his contention when appropriate time arrives.
EFFECTIVE: 01/31/78
462.3.2 Foreign Contracts -
The 1951 act provided Renegotiatibn Board may specifically

enumerate contracts to
be exempted from renegotiation. Any sales so
exempted should be listed separately. I
EFFECTIVE: 01/31/78
:-.
f. .1
-
Sensitivef
PRINTED: 02/18/98
_ _...-.- .,..t_.,nHt
5one.flawnuslnnmnnmnnnmssimusl_l_ms_c . __h_ 1p,_ W- ..;;i;@~_m U
.mm.,mil. ___ __
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Part I ' . -PAGE 46
46*2.3.3 Profit and Loss Statements
! The profit and loss statement should be

comparative
statement separated as to renegotiable and nonrenegotiable business,
setting forth in adjoining columns the accounting data obtained from
the plaintiff's submission, the defendant's auditand the differences.
A breakdown should be shown as to total business, renegotiable
business and nonrenegotiable business; for the plaintiff, the
defendant, and the differences. All differences from one column to
another should be explained. Where difference is
appreciable, account
where difference occurs should be analyzed to explain this difference.
Comments shouldbe made on accounting theories applied by plaintiff in
reallocation of items of income and expense. It is only necessary to
submit summary schedules. Auxiliary schedules will be contained in
Agent's work
papers. The report should emphasize discussion of
discrepancies.
EFFECTIVE: 10/16/90
46-2.3.4 Prior Years I
The memorandum from the

Civil Division will request
balance sheets and profit and loss statements for certain years prior
to the year for which the plaintiff was renegotiated. Usually it is
also requested that comparative statements'for this prior period be
prepared. The prior period serves as a guide
in determining what
percentage of profit the.p1ainti£f should be allowed inthe
renegotiable year under review. _
EFFECTIVE: 10/16/90
46~2.3.5 Accounting Working Papers I

Copies of all accounting working papers and schedules
prepared should be made and forwarded to FBIHQ as an enclosure to the
accounting report for transmittal to Civil Division. When aclosing
report is received from Washington|Metropolitan|Field Office original
working papers
should then be forwarded to FBIHQ by cover LHM for
transmittal to Civil Division for completion of their file.
fmi
kss
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PRINTED: 02/18/98
...~- ..._ .. __ -4 ..=...--..h'...92..92.».m........e-....:.._....;.-.._.,.<..--..l..,.-;s=s.~,s..~..._.,.;.-
__-_,__, , _,_ ___,__,.,
__ _,_ }"4-H':Q;92-I! ,,,
Sensitive

Part I '
PAGE 46
EFFECTIVE: 10/16/90
46-2.3.6 Office of Origin _
FBIHQ will designate office of origin. The office of

origin, upon completion of its investigation, is to submit aletter to
FBIHQ with acopy to the Washington|Metropolitan|Field Office
requesting that the Washington|Metropolitan|Fie1d Office be designated
office of origin and instructing the Washington|Metropolitan|Field
1. Office to follow the|Claims Courtldocket until

been rendered. Included in the letter
afinal
shonld be abrief
the case and the amount involved in the suit. It
decision has
background of
is not necessary to
I furnish Washington|Metropolitan|Field|0ffice|copies
upon being
purpose. All
designated origin
cases are to
be
of all reports
inasmuch as these
reports
followed by Washington|Hetropo1itan|
serve
no useful
C] Field Office until adecision is rendered by the court.
462.4 Privacy Act - Requirements
|!] When
interviewing anyone
in the above
classification, in order to solicit information about|himself/herself[
or|his/her|own activities, the interviewing Agent
must follow the
procedures described in MIOG, Part I, l905, subparagraphs ! and
!.
_[!| when interviewing an

individual to solicit
information concerning someone other than
the interviewee thereby
classifying that individual as asource of information! the
interviewing Agent
must follow the procedure relating to promises of
confidentiality as described in HIOG, Part I, 190-7.
EFFECTIVE: 10/16/90
46-2.5 Character Renegotiation Act rCivil Suits

»:_-----~-=-=;---1-~ --.s.~_-=-~¢---M-uassk.-"-.<c-":-_-s--'-'-
.-:..>....._..._-1
~- :1-_;..t __._.-_._......'._1;.;1.l...-.<-rs;1|1L..-1;.:92.._1.i-¢_'..
...-ail-.. -¢.._1;.;.--_.l
_-10; .~.4.-.i=..--._'_.&#
.-_'.
J ,Sensitive

Part I PAGE 46 -1 23
1
EFFECTIVE: 10/16/90
46-3 FALSE CLAIMS - CIVIL SUITS
EFFECTIVE: 01/31/73
46-3.1 Statutes
Title 31, USC, Section 231; Title 41, USC, Section 119;
Title 40, USC, Section 489
EFFECTIVE: 01/31/78
4_-E-..92__
46-3x2 Section 231
EFFECTIVE: 01/31/76 , '
46-3.2.1 Elements -
! Person liable to suit must be civilian.
! Claim is present.
! Claim involved must be upon or against U. S.

Government or any department or officer thereof. In conspiracies to
defraud U. 5., there is no requirement that claim, payment, or
allowance of which conspiracy seeks
to achieve, be upon or against
u.s.!
'
! Claim must be false, fraudulent or fictitious. If

claim itself is not fraudulent, enumerated documents used to aid in
obtaining payment of claim against U. S. must contain fraudulent or
fictitious statement or entry.!
! Person liable to suit had knowledge of false,

fraudulent or fictitious character of claim or supporting documents.
Q-14:4»
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PRINTED: 02/18/98
__.._.:.Maison-»._,.-.=._...;.i..-.=:.s;2.,.i..u.;.;92.;=.._.H'
..-':...__
.=_...,;._____-
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__..___
__,_, __________
_
I
-T**a 1
-- 5 . .
>qmo',Sensitive
,_
Manual of
Part I _PAGE 46
EFFECTIVEi 01/31/78
46-3.2.2 Liability of PersonsMaking FalseClaims, Section231,

States That I
"Any person not in the military or naval forces of

the
United States, or in the militia called into or actually employed in
the service of the United States, who shall make or cause to be made,
or present or cause to be presented, for payment or approval, to or by
any person or
officer in the civil, military, or naval service of the
United States, any claim uponor
against the Government
of the United
States, or any department or officer thereof, knowing such claim to be
false, fictitious, or fraudulent, or
who, for the purpose of obtaining
or aiding to obtain the paymentor approval of
such claim, makes,
uses, or
causes to be made or used, any false bill, receipt, voucher,
roll, account, claim, certificate, affidavit, or deposition, knowing
the same tocontain any fraudulent or fictitious statement or entry,
or who
enters into any agreement, combination,
or conspiracy to
jg defraud the Government of
the
officer thereof, by obtaining oraiding
United States,
to'obtain payment
the or
or
any department or
allowance of any false or

fraudulent claim, or
who, having charge,
possession, custody, or
control of
any money orotherpublic property
used or to be used in the military or naval service, who, with intent
to
defraud the United States or willfully to
conceal suchmoneyor
other
property, delivers or
causes to be delivered, to any other
person having authority to receive the same,
any amountof
such money
or other
property less than that for which;he received acertificate
or
took areceipt, and every person authorized to
make or deliver any
certificate, voucher, receipt, or other
paper certifying the receipt
of arms, ammunition, provisions, clothing,:or other property so used
or to be used, who makesor delivers the same to any other person
without afull knowledge of the truth
of the facts stated therein, and
with intent to defraud the United States and every person who
knowingly purchases or receives in pledge for any obligation or
indebtedness from any soldier, officer, sailor, or
other person called
into or employed in the military or
naval service any arms,
equipments, ammunition, clothes, military stores, or other public
property, such soldier, sailor, officer, or other person not having
the lawful right to pledge or
sell the same, shall
forfeit and pay to
the United States the sum of $2,000, and, in addition, double the
amount of damages whichthe United States mayhave sustained by reason
¢"T"92
of the
doing or committing such act, together with the costs of suit;
1 and such forfeiture and damages shallbe sued for in the samesuit."
H-c.'§ J.
Sensitive
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........-._..,. i _. .1
.......a.._.__~-...|..s.s-.1-|.,'.-.~=...~.,.._......._
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,_. ,,_ _________,_,___,_.__r,____,_
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/1
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Part I PAGE 46 - Z5
EFFECTIVE: O1/31/78
463.3 Section 119
EFFECTIVE: 01/31/78
46-3.3.1 Elements
! Any person is
liable to suit.
! Claim is present. ~
! Claim is
presented, or caused to be presented, to any
officer agent or employee of any U.S. Government agency.
! Claim is
false, fraudulent or fictitfous;
! Person or persons, for purpose of benefiting any

person in connection with contract procurement, performance,
negotiation, cancelation or termination have knowledge of false,
fraudulent or fictitious statements or entry; or endeavor to cover up
or conceal amaterial fact; or use or engage in any other fraudulent
trick, scheme, or device. I 92
EFFECTIVE:O1/31/78
46-3.3.2 Liability of Persons Making False Claims Under Contract

Settlement Act. Section 119 States That
"Every person who makes

or causes to be made, or presents
or causes to be presented to any officer, agent, or employee of any
Government agency any claim, bill, receipt, voucher, statement,
account, certificate, affidavit, or deposition, knowing the same
to be
false, fraudulent, or fictitious or knowing the same
to contain or to
be based on any false, fraudulent, or fictitious statement or entry,
or who shall cover
up or conceal any material fact,
or who shall use
or engage in any other fraudulent trick, scheme, or device, for the
purpose of securing or obtaining, or aiding to secure or obtain, for
any person any benefit, payment, compensation allowance, loan,
advance, or emolument from the
United States or any Government agency
Sensitive
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-__ ... l. .-. 1 -..-92 ._
.1...:.Li.:....;...;.Z..}_1.J;-.14.-
._»;-,-;;.f_..;.»_..=.;.11_.. .___..., .7. l,_ _,_, _,_
L Sensitive
92.
Manual of
Part I PAGE 46
in connection with the termination,_cancelation, settlement,payment,

negotiation, renegotiation, performance, procurement, or award of a
contract with the United States or with any other person and every
person whoenters
into an agreement,combination, or conspiracy so to
do, l! shall
pay to the United Statesan
amount equal to 25 per!
centum of any amount hereby sought to be wrongfully secured or
obtained but not actually received, and ! shall
forfeit and refund
any such benefit, payment, compensation, allowance, loan, advance, and
emoulent
received as a result thereof and ! shall in addition pay to
the United States the sum of $2,000 for each such act, and double the
amount of any damagewhich the United States may
have "sustained by
reason thereof, together with
the costs of suit."
EFFECTIVE: 01/31/78
46-3.4 Section 489
C EFFECTIVE: 01/31/78
46-3.4.1 Elements
! Any person is liable to suit.

! Person has participated in fraudulent trick, scheme,
or device. . '
/! The fraudulent trick, scheme, or device is for

purpose of obtaining some payment, property or other benefit from U.S.
Government or any U. S. Government agency in connection with
procurement, transfer or disposition of U. S, Government property.
EFFECTIVE: 01/31/73
'~lu_3f'
Sensitive
92 PRINTED: 02/18/93
.....
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Part I . PAGE 46
46-3.4.2 Liability under

Federal Property and Administrative
Services Act of 1949. Section 489 States That,
"...Every person who shall use or engage in, or

cause to
be used or engaged in, or enter
into an
agreement, combination, or
conspiracy to use or
engage in or to cause to be used or engaged in,
any fraudulent trick, scheme, or
device, for the purpose of securing
or obtaining, or aiding to secure or obtain, for any person any
payment, property, or
other benefits from
the United States
or any
Federal agency in connection with the procurement, transfer, or
disposition of property under
this chapter, chapter 11B of Title 5,
chapter 4of Title 41, and chapter 11 of Title 44--
" a! shall
pay to the United States the sum
of
$2,000 for each such act, and double the amount of any damage which
the United States may have
sustained by reason thereof, together with
the cost of suit; or
' " b! shall, if the United States shall so elect,

pay
to the United States, as'1iquidated damages, asum equal
to twice the
consideration agreed to
be given
by the United States or any Federal
-.-< agency to such person or by such person to the United States or any
Federal agency, as
the case may be; or
" c! shall, if the United States shall so elect,

restore to the United States the money or property thus secured and
obtained and the United States shall
retain as liquidated damages any
property, money
or other consideration given to the United States or
any Federal agency for such money or property, as the case may be..."
EFFECTIVE: 01/31/78
46-3.5 Suits by Individuals .
! Statutory provisions Title 31, USC, Section 232!
a! Suits may be brought and carried on by any

person at his own expense in name of U. S. but cannot
be withdrawn or
discontinued without written consent of judge and USA.
b! Copy of complaint must be served upon USA for

district in which suit is brought and c0py_0f complaint with written
disclosure of evidence and information material to prosecution of suit
must be sent to Attorney General, Washington, D. C., via registered
Sensitive
PRINTED: 02/18/98
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Manual of
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mail. , '
c! U. S. has 60 days afterservice within which to

enter appearance in suit. Person filing suit may carry it on
if U. S.
fails to enter suit during that period. If U. S. enters case within
the 60-day period, suit will be carried on solely by U. S.
d! In carrying on suit, U. S. is not bound by

action taken by person bringing suit except that, in event
U. S. does
not carry on suit with due diligency within six months from date of
its appearance or
within time allowed by court, person bringing suit
may carry
it on.
e! Court shall have no jurisdiction to

proceed with
suit by person if suit was based upon information or evidence in
possession of
agency, officer, or employee of U. S. at time suit was
brought. - . _
f! Court may award person bringing suit, ifsuit is

.-92~.
carried on"by U. 5., fair and reasonable compensation not toexceed
10% ofproceeds of suit or settlement.
g! Court may award person

bringing suit and
prosecuting it to
final judgement or settlement afair and reasonable
amount not in excess of
one fourth of
proceeds of
suit or settlement
in addition to reasonable expenses incurred and court
costs.
EFFECTIVE: 01/31/78
463.6 Handling of
Complaints
! From sources other than FBI to effect

that private
individual has filed acivil suit
-! Check field office

records to
determine whether
there is or has been criminal investigation.
_b! Furnish FBIHQ with pertinent facts

in court
action and results of search of indices.
c! If no prior investigation has been undertaken,

1--
contact individual filing suit and obtain all
evidence in
his
possession regarding alleged fraud. Forward information to
FBIHQ and
take no further action unless specifically authorized by FBIHQ.
I
Sensitive
PRINTED: 02/18/98
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Part 1 I PAGE 46
.! Departmental letter transmitted to field office by

FBIHQ. Obtain facts with regard_to c1aimand nature of fraud
immediately since
Department has limited time in which to consider
whether U. S.
Government will
become party tothe suit.
92
92
EFFECTIVE: 01/31/78
92
463.7 Policy
1
_Case in which criminal
investigation has been undertaken
or completed. No action should be taken regarding civil phases
of
caseunless
one of two following actionspccurs:
! Receipt of FBIHQ authority based upon written letter
from Civil Division of Department usuallyicontaining outline of
alleged false
claim, statute under which proceeding, facts available,
and specific information desired. ll .
ft upon instructions
! Receipt of requestfor investigationfrom USA
from Civil
based
Division.- In this instance FBIHQ should
be immediately notified upon receipt of request and communication
should state that investigation will
proceed UACB.
! Receipt of request for investigation from USA without

instructions from Civil Division. USA hasauthority on|his/her|own
initiative to handle
civil fraud aspect of following: A
. 4
a! Claims
arising under Dependents Assistance Act
of 1950 p _
>
' b! Claims against veterans arising out of
educational provisions of Servicemen's Readjustment Act but excluding
educational institutions I
T
1.
C! Claims against applicants for|Department of
Veterans Affairs|hospitalization, dental care, medical care, and
domiciliary care n 4
d! Claims against applicants for unemployment and

selfem loyment
P} benefits under Servicemen's Readjustment Act
'
1
e! Claims against applicants for|Department of
I Veterans Affairs|pension and disability compensation -
J,
i
Sensitive
PRINTED: 02/18/98
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1
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Manual of
Investigative Operations and
Guidelines
Part I PAGE 46
! In these instances FBIHQ

should be immediately
notified upon receipt of
request and communication should state-that
investigation will proceed UACB. i
! Case in
which investigation is requested by
Civil
Division and it is found that no previous complaint of acriminal
nature has been received relating to activity to be investigated in
civil action. Investigation should havejas purpose the development of
both civil
and criminal phases. FBIHQ will transmit copies of
reports
to
both Criminal Division and
I
Civil
Division of
Department.
92
EFFECTIVE: 10/16/90
4
92
463.8 Investigative Procedure
! Essential data to be obtained

92
a! Proof
of fraud involved
5
b! Aggregate amountof
fraud which can be included
in civil
suit I
1/
c! Proof of
damages, if any, suffered by
U. S.
Government
Y
d! Itemization of individual claims involved
e! Pertinent details regardingcontracts and

contract specifications including tYP6 of
contract involved
! Handling of original statement, exhibits, and
evidence. Do not destroy any original investigationiof sabotage and
fraud against the Governmentcases, evenjthough statute of
limitations
has appearedto run under false
claims statute, without presenting
such
matters to FBIHQfor referral to the Civil
Division.
92
.
! Maintain case in pending status to report results of
civil
suit even though all requested investigation has been conducted.
EFFECTIVE: 10/16/90
r»-.
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i
92
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PRINTED: 02118/98
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i1
Part I PAGE 46
46-3.9 Statute of Limitations '
! False Claims statute Title 31, USC, Section235!

suit must be commenced within six years after commission of the act.
1
92
! Contract Settlement Act Title 41, USC, Section 119!
- no limitation
92
! Federal Property and
Administrative Services Act of
1949 Title 40, USC,Section 489!- U. S.lCourt of Appeals, Sixth
Circuit, held 322-54, in U. S.
v. Witherspoon 11 F. Znd! 858! that
suit must be commenced within five years from date when claim first
accrued, pursuant to
Title 28, USC, Section 2462. Court ruled
that
exception existsin regard to
any suit pertaining to
offenses
involving fraud
or attemptedfraud
against U.S. during war, in which
case statute of limitations is
suspended until three years after
termination of hostilities as
proclaimed by President or Congress
Title 18, USC, Section 3287!.
! U. S.
Courtof Appeals,
fifth Circuit§
had previously
held
in U. S. v. Weaver 07 F.
nd! 796! that there was no
applicable statute of limitations under section26 b! of the Surplus
Property Act Title 50, USC, Section 1635y b! which was repealed and
reenacted as section 209 b! of the
Federal Property and
Administrative ServicesAct of 1949 Title 40, USC,Section 489!.
1
! The Civil Division has advised Bureau that policy of
the Departmentwill be to press the issue as to applicability of
five-year statute before other circuit courts and to
urge soundness of
decision in
U. S.
v. Weaver.
L
! Common law action - no lmitation on action by U. S.
for actual damages arising out of fraud
against it.
EFFECTIVE: 10/16/90
>.,___ ,9
Sensitive
PRINTED: O2/18/98
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- 92

Part I l _PAGE 46
1I
46-3.10 Privacy Act - Requirements l
<'
|!| When interviewing anyone in the above
classification, in order to solicit infornation about|himself/herself]
0r|his/her|own activities, the interviewing Agent must follow the
procedures described inMIOG, Part I, 19045; subparagraphs! and
!.
| |!| When interviewing an individual to solicit
information concerning someone other thanithe interviewee thereby
classifying that individual as
a source of information! the '
interviewing Agent
must
follow the procedbre
relating to promises of
confidentiality as described in MIOG, PartI, 190-7.
EFFECTIVE: 10/16/90
46-3.11 Character False Claims " Suits
'.i
J. l 92
l
EFFECTIVE: 10/16/90
_§Li
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Sensitive
Manual of
Investigative Operations and Gu delines
Part I PAGE 47
1SECTION 47. IMPERSONATION AND RELATED STATUTES
47-1 STATUTES
Title 18, USC, Sections 912 915, and 916.
EFFECTIVE:y05/O8/80
471.1 Section 912. Officer or Emphbyee

of
the United States
l
"Whoever falselyassumes orpketends tobe an
officer or
employee acting under the authority of
te United States or any
department, agencyor officer thereof, and acts
as such, or in such
pretended characterdemands or
obtains-any money,
paper, document,or
thing of
value, shall
be fined not more than~$1,DOU
or imprisoned~not
more than three years, or both."
EFFECTIVE: 05/08/80
47-1.1.1 Elements _
! Pretendsto beofficer oremployee

of
U.S. Government
! Acts as such,
or 1
! Demands or obtains a thing of
value
I1
Either ! or ! coupled with
! satisfies
the statute.
1
1
EFFECTIVE: 05/08/80 *
4
1
3,.
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PRINTED: 02/18/98
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Manualof
Part 1 l PAGE 47
47-1.1.2 Policy l
! So called "noviolation? cases
where element !, the
false impersonation, is present and
the other
elements are absent,
there is
no violation of this Statute. In such cases
in which the
false impersonationis that of
an FBI Agentor aDepartment of Justice
employee the
FBI policy is that the
impensonator should be
appropriately admonished
and cautionedtd desist if he/she can be
locatedwith
reasonable effort. |In the absence
of aggravated
circumstances, no more than the basic inquiries to locate the
subject shouldbe pursued. If successfutly located, astatement that
the subject has beenso admonished should beset forth inthe
investigative case file.| This should also be donein actual
violations in which
prosecution is declined. If the
false
impersonation that
is of another Government
agency, no
effort is made
to admonish the impersonator unless he/she is immediately available.
l
! U.S.
Government employee violators - Where the
impersonator already
is anemployee the
of U.S.
Government and the
rI"'-x: violation is consummated bylhis/herImisrepresenting|his/herlposition;
FBIHQ has no objection to the institution of an investigation without
Lj} specific authority from FBIHQ
unless the§employee
In any event, however,FBIHQ should
is highly
placed.
be immediatelyadvisedby
letter,
airtel, or
teletype, as the exigencies ofthe casemay dictate,of the
institution of
such investigation and the identity of
the employee
involved. %
! One file with one officiof originonly oneach
impersonatorDue»to
- the
fact that impersonators are
often repeat .
offenders, the FBI policy is to consolidate physically all files at
FBIHQ dealing
with oneimpersonator and
designate one
office as the
office of origin having supervisory duties over all his/her current
activities. Frequently, when an
active impersonator
starts acrossthe
country using
various aliases,anumberof offices, having no
knowledge ofhis/her previous activities, open newcase
files carrying
themselves as office of
origin. Whena field
office establishes this
impersonator tobe identical with the subject of other caseswith
other offices of
origin, FBIHQ should belaffirmatively requested to
I designate theone office of origin and~order thenecessary file
consolidations. It is observed this policy is
an exception to the
general rule
concerning opening
files iniotherviolations.
! The Department follows these cases and accordingly a
copyof
the indictment returned
or informationfiled is to be included
-_,.
1 as enclosure to report. .
z II-
;...'¥
Sensitiye
PRINTED: 02/18/98
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.1
Manualof
Guidelines
Part
I I PAGE 47 - 3
-! These casesshould be presented to the USAat an
early date to avoid unnecessary investigation.
EFFECTIVE: 05/08/80 [
47l.1.3 Investigative Procedure i

! Interviewswith complaidants
or victims:Established
basic investigativetechniques should
bejused inthe interviewingof
witnesses and the collection of
evidences However, whenan
»impersonation
complaint received,
is thelfirst
step should
beto
obtain immediatelyfrom the complainant orthe
person who actually
heard the
statements
of
impersonation
adetailed and accurate
account
of
what actually happened.It is
well in mostcases toobtainabrief
signed statement
from
the victim. In
addition, itshould be ,
immediately established
as to
whether orinot the
victim relied solely
upon
the representations
of
the impersonatorparting
in with
something
H
i#~: !
I
ofvalue. Verification of
I
non*Federal employment:It should
be
immediately verified
that thealleged impersonator
is not employed in
lthe capacity|he/shelhas alleged.
If it should be
determined the
impersonator was
recently employed
by theFederal Government,
it
should
be ascertained exactly
whenlhis/her[compensation ceased,
as it
has been
held that
even thoughaFederaliemployee
resigns and
ceases
active duty,[he/shelis considered aFederal employee
until|his/herlcompénsation actually
ceases.
EFFECTIVE: O5/O8/80 _
471.2 Section 913.- ImpersonatorMaking Arrestor Search

"Whoever falsely represents himself to be an officer,
agent, or
employee
of
the United Statesl
and insuch assumed
character
arrests or detains anyperson orin anyjmanner
searches the person,
buildings, or other propertyof anyperson, shallbe finednot more
than $1,000
or imprisoned
not more
thanlthree
92
years,
or both.
EFFECTIVE: 05/08/80
6H
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PRINTED: oi/is/98
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Manual of
Investigative Operations
and Guidelines PAGE 47 '
Part I
471.2.l Elements
! Falsely represent oneselfto be an employee

of the
U.S. Government
! Do one of 5things:
a! Arrest a person 1
b! Detain a person y
c! Search a person
a! Search aperson's
éroperty
e! Search
~s
A{uildings
a person
EFFECTIVE: 10/16/90
47-1.2.2 Policy
Thesecases
should be presentedto the U. S. Attorney at
an early
date to
avoid unnecessary
investigation.
EFFECTIVE: 10/16/90
47-1.2.3 Investigative Procedure

Adetailed and accurateaccount of what actually happened
should be
obtained immediately
from thecomplainant
so thataverbatim
statementcan
be executed settingforthythe exact words
of the
impersonator .1
EFFECTIVE: 10/16/90
""5-._ 1
_
= I1-{é I
4" I"
1
Sensitive
PRINTED: 02/18/98
92
...';._.;=._....'.<-,...'.
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Manual
Part Iof
lnvestigative
Operations
Guidelines
and
1PAGE 47 5
47l.3 Section
915. Foreign
Diplomas, or
Consuls,
Officers 92
"Whoever, with
intent to defraud withinthe UnitedStates,
falsely assumes or pretends
to beadiplomatic,consular other
or
official of aforeigngovernment accredited
duly such
as to the United
States and
acts assuch, orin
such pretended character,
demands or
obtains or
attempts to
obtain any
money, paper,
document,other
or
thing
of value,
shall
be fined not
more than
$5,000 imprisoned
or not
more than ten years, or both."
I
EFFECTIVE: 10/16/90
47l.3.l Elements
! Intent to defraud or deceive

,.
gig other
official foreign
Til U. S. Government.
of'a
duly"accredited
' Y
government
such
to
the as
! The impersonationof adiplomatic or consularor
.._
_ 1 '
! Taking upon oneself
to act in the role of
the
impersonator, demanding
athing of
valuei or obtaining
a thing
of
value.
EFFECTIVE: 10/16/90
47-1.3.2 Policy
The falsepersonation
of
an foreign official notified to
the State
Department will
fulfill the requirements necessary
to
establishaviolation of this
section. lThe Department
has advised
that the
Department of State
does not_cdnsider delegates
to
the United
Nations asbeing "dulyaccredited...to dhe
Government
of
the United
States," asofficialsof aforeigngovernmentconsequently
and the
mere impersonation
of
a delegate ofaforeigngovernment
to
the United
Nations would
not beaviolation of
this section. Beyond
the
foregoing, each
case should
be presented
to
the USA for
an opinion-as
to
whether the official named capable
is of being
impersonated.
r-92,,,_
__ 92
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Sensitive
PRINTED: 02/18/98
92 l
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Part Iof Investigative Operations and
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PAGE fQ7
6
EFFECTIVE: 10/16/90
F
-47-1.3.3 Investigative Procedure
1
As
additional investigative procedure to those previously
mentioned
under
Title 18, USC,
Section 912,
it is pointed outthat to
determine the
nonforeign employment
of animpersonator under
this
section it is necessaryin every instance torequest the
|Washington|Metropolitan|Field
Office to
obtain
the desired evidence
from theState Department
and therepresentatives of
the foreign
t '
governmen invo1 ve a. _
EFFECTIVE: 10/16/90
47-1.4 Section916. 4-H

Club-MembersAgents
or
gr 3"Whoever, falsely and
with intent
to defraud,
holds
4~: himself out asor represents
or pretends_himself
to beamember
of,
associated with,
or anagentor
representative for the 4-H clubs,an
organization established
by theExtension Service
of theUnited States
DepartmentAgriculture
of and
theland
grant colleges,
shall
be fined
not more
than $300
or imprisoned
notmore
than
92
six months,
or
both."
EFFECTIVE: 01/31/73
47l.4.l Elements
! Intentto defraud
or dpceive
! Impersonateor represeht
oneself to beamember
of,
associated with,or agent
or representative forthe 4-HClub
EFFECTIVE: O1/31/73
<:i* ~
92
4
Sensitive
PRINTED: Q2/18/98
1
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92
Hanual of Investigative Operations and Guidelines
PAGE 47
Part I 1
47-1.4.2 Policy
1 These cases should be presented to the U.

S. Attorney at
an early date to avoid unnecessary investigation.
EFFECTIVE: O1/31/78
92
47-1.4.3 Investigative Procedure ;
The procedures
set out for Title 18, USC,Section 912,are
applicable to this section.
92
EFFECTIVE: 01/31/73
47-2 VENUE
I Impersonation
are Lrosecutable
violations
onlythe
in
Federal judicial district where the offense occurred. Wherethe
impersonation is
by telephone
the venueis in the district of the
hearer.
EFFECTIVE: O1/31/73
/
47-3 CHARACTER - IMPERSONATION
EFFECTIVE: O1/31/78
.
éinra ..!-
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and Gui
Part 1 j delines
PAGE 43 -
E
SECTION
48. POSTALviOLATIONS EXCEPTMAIL FRAUD!
43-1 POSTAL VIOLATIONS EXCEPT

MAIL FRAUD!
1
Inquiries concerning
the postal service andcomplaints
pertaining to
the theft of mail or postal matters
are forwarded by FBIHQ
to the Postmaster General, Washington, D. C. Similar information reported
to
field offices should be transmitted tq the nearest postal inspector in
charge whoseaddress
can be obtained from any postmaster.
EFFECTIVE: O1/31/78
1...e~._
92
92
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Part
I PAGE49
-
SECTION Q9. BANKRUPICYFRAUD
1
.
49-1 STATUTESCRIMINAL!
11:19
18,usc,Sections
151-1s5
EFFECTIVE: 03/23/as
49-1.1 Section 151. Definitions

Y
"Termdebtor means|anindividual, partnership,

corporation,1or
municipality
concerning
which
a1bankruptcy1petition
has
been filed under Title 1l,1oftheUSC1 commonly referredto as the
Bankruptcy
Code!.|Term bankruptcy Irelatesto|anyproceeding,
arrangement,
or planpursuant to Title lltlincludingChapter
7
liquidation!,Chapter
11 reorganization!, Chapter
12 family
-_. farmers!,
andChapter 13
wage earners!. 1Refer
to Title 11, USC,
Section101for additionaldefinitions."1
EFFECTIVE:08/23/88
1
1
49-1.2 Section152. Concealment

of1Assets,
False Oathsand
Claims;Bribery 1
1
"Whoever
knowingly
andfrauddlently
conceals
froma
custodian,
trustee,marshal,or otherofficer of the
court charged
withthecontrol
or custodyof property,1or
fromcreditorsin any
_bankruptcy
proceeding,
anyproperty
belonging to theestateof a
debtor; or 1 1 ;-
1
"Whoever knowinglyandfraudulentlymakes
a false oath or
accountin or in relation to
any bankruptcyproceeding;
or
"Whoever
knowingly
andfraudL1ently
makes a false,
declaration,
certificate,verification,or statement
under
penaltyof
perjury
aspermitted
under
Section
176,1Title28, or in relationto
any case under Title ll; or _
" "Whoever
knowingly
andfraudplently
presents
anyfalse
" 1
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Part I - ' ~PAGE 49 -82
81
claim forproof againstthe estateor adebtor, or usesany such
claim
in
any bankruptcy proceeding, personally,92or by agent, proxy or
attorney, or as agent, proxy, or attorney; or
"Whoever knowingly
and fraudulently
receives any
material
amount ofproperty from adebtor after the filing of a bankruptcy
proceeding, with intent to
defeat the bankruptcylaw; or
i
"Whoever knowingly and fraudulently gives, offers,
receives orattemptsto
obtain any money
Pr property,remuneration,
compensation, reward,
advantage, promise
or thereof,
for acting, or
forbearing to
act in any bankruptcy procefding;or
L
l"Whoever, either individually or as an
agent or officer of
any person
or corporation,
by or against him
in contemplatfon
of a bankruptcy
her orany otherperson orcorporation, or
with
proceeding
intent to defeat thebankruptcy law,
knodingly and
fraudulently
transfers or conceals anyof
his/her property or the property of such
other person
or corporation;
or i
¢vr.~-.~-
"Whoever, afterthe filing of-a bankruptcyproceeding or
as in contemplation
thereof, knowinglyand fraudulentlyconceals, _
destroys, mutilates,
falsifies, ormakesia
false
entry in
any recorded
information, including
books, documents,,records,
and papers
relating
to
the property or
financial affairs of a debtor; or
"Whoever,
after the filing
oi abankruptcy proceeding,
knowingly and
fraudulently withholdsfromacustodian, trustee,
marshal,-or
other
officer of the court
entitled to its possession, any
recorded informationincluding books, documents, records,and papers
relating to
the property or financial affairs of adebtor,
1
"Shall be fined not more than $5,000 or imprisoned not
more than five years, or both."
EFFECTIVE: 08/23/88
'-
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Manual of Investigative Operations and Gurdelines

Part I PAGE 49
49-1.2.1 Elements
! Concealment of assets tion

152!
l
a! Estate
in bankruptcy existed.
92
b! Duly qualified officer of court, charged with
control or custodyor
property of such estate, appointed. In
composition cases,
concealmentbe
may
fromcreditorsifno officer of
court appointed.! i '
c! Property of such estate
knowingly and
fraudulently concealed
from officer. Proof offirst
two elements
contained inofficial records of clerk oflcourt, U.S. Trustee, and/or
Interim Trustee. Third elementmay besusceptible to direct proof of
physical concealment
of property, in whichevent
the evidence
necessary is
that whichwill establish the propertyis that of
bankrupt estate,
that it was notdelivered tothe officer from
whom
the concealment
is charged,and that it was concealed by
individual
charged. Inother instances,
concealmentmay
established.by
be
C circumstantial evidence
consisting primarily
of testimony
of qualified
accountant, whichis designed to showfrom recordsthat bankrupt
should havehad, at bankruptcy, certain amount ofmerchandiseor
other
property, thathe/she delivered
to officibls of the bankruptcy court
a
lesser~amount,that
shortage
and not satisfactorilyexplained.!
92
.
! Concealment or
transfer of assets incontemplation of
bankruptcy Section 152!
a! Accused is an
individual or an officer or agent
of person or
corporation.
b! Accused
contemplatéd bankruptcy
proceedings
would be instituted as to himself/herself or such person or
corporation or
intended to defeat
the operation of the act.
c! Accused knowingly and fraudulently concealed or
transferred any property of debtor. l p '
! Destructionof recordsSection 152!
"
a! Petitionfiled oriccused contemplated
bankruptcy proceedingwould be institutedu
b! Accused
knowingly ind fraudulently
concealed,
destroyed, mutilated,
falsified, or
madela false entryin anyrecorded
92
92 92
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Part
I L _PAGE 49
92
information including books, documents,records, and papers relating
to theproperty financial
or affairs
of aTdebtor.
EFFECTIVE: 08/23/88
49-1.3 Section 153. Embezzlement

byia Trustee
or Officer
"Whoever knowingly
and fraudulently appropriates to
his/her own use, embezzles, spends, or transfers any property or
secretes or destroys any document belongihgtothe estate of adebtor
which cameinto his/her charge as trusteet custodian, marshal, or
other officer of the court, shall
be fined not more than $5,000 or
imprisoned not
more than
five years,or bbth.
EFFECTIVE: 08/23/88
'¥ 92
Q9-1.4 Section 154. Adverse Interest and Conduct of Officers
"Whoever, beingacustodian, trustee, marshal, or other
officer of the court, knowingly purchases, directly or
indirectly, any
property of the estateof whichhe/sheis
such officer in abankruptcy
proceeding; or
"Whoever, beingsuch officer, knowingly refuses to permit

areasonableopportunity forthe inspectionof the documents and
accounts relating to the affairs of
estates inhis/her charge by
parties in
interest when directed_bythelcourt to do so -
i
"Shall befined notmore than
$500, and
shall
forfeit.
his/her office, which shall
thereupon become vacant."
l.
92
EFFECTIVE: 08/23/as
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PRINTED: 02s/9a
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Manual of Investigative Operations and Gudelines

Part I PAGE 49
49-1.5 Section 155. Fee Agreements
in
Cases under Title lland
Receiverships
"Whoever, beingaparty in
interest, whether as a debtor,
creditor,lreceiver,Itrustee,representative
or of
any of
them, or
attorney for any suchparty in interest, in
any receivership
or|bankruptcy proceedinglin
any United
States courtor underits
supervision, knowingly
and fraudulentlyenters into any agreement,
express implied,
or with
another such party
in intereitfor attoney
for another such party in interest, for the purposeoixing te
fees|or any|compensation
to bepaid toany party
in
interest or to any
attorney forany partyininterest for
services rendered
in
connection
therewith, from
the assets of
the estate,
"Shall be fined not more than$5,000 or imprisoned not
C] more than one year, or both.
EFFECTIVE: O3/23/33
49-2 BANKRUPTCY PROCEDURES
Constitution gave
! Constitutional
Congress the
provisions
Aiticle
exclusive power
1, Section
8,of
to establish uniform
bankruptcy laws.
|The National
BankruptcylAct was
passed
in
1898 and
amended in
1933. TheBankruptcy ReformApt of
1978 superseded prior
bankruptcy laws
and enacted
Title 11, USC, asthe bankruptcy
code.
The Bankruptcy
Judges, United
States
Truétees, and FamilyFarmer
Bankruptcy Act
of
1986 revised Title 11, USC,Section 101,and
expanded United
the States
Trustees Progam
USTP!. The
Act a!
establishes 52additional bankruptcy
judgeships throughout
the United
States; b! expands onanationwide basis, the USTP, which
was
established asapilot project in
1978 td test anew methodof
bankruptcy administration
in 18Federal judicial
districts; c!
provides for
fundingof
the operations
of
the USTP through fees paid
by usersof
the bankruptcy system; d! establishesChapter 12
of
the
Bankruptcy Code
to providebankruptcy relieffor
"family farmers"; and
e! authorizes,on atwo-year pilotbasid, theestablishment
of
an
-.r Electronic HanTgement
Case Demonstrationlfroject
in
three
Federal
.--,,92
.___.»judicial districts.
! |Purpose of
Title 11, usc -
92
Chapter 1generalprovisions, includingdefinitions and
basic concepts.
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, Sensiti
Manual of
Investigative Operations and Guidelines s
PAGE 49
Part I
Chapter 3 prescribes the

prgcedure bankruptcy
for case
administration.
' I
Chapter 5- general provisions regardingcreditors, the
debtor, and
the estate.
Chapter 7- proceduresfor liduidations and distribution

of property.
Chapter 11 - procedures for reorganization, whereby the

debtor restructures debt without being forced to liquidate the estate
and maycontinue operation of his/her businessas a
"debtor-in-possession."
Chapter 12
-proceduresfor bankruptcyrelief for "family
farmers."
Chapter 13 - procedures for bankruptcy relief for "wage

earners, whichemphasize prob1ems'peculiar
to consumer
credit for
individuals.|
|!| Civil provisions
of
thehbankruptcy
L
1aws|-
.
a! |United States Bankruptcy

Courts are|adjuncts
of
U.S. District Courts. |The principal officers are the "United States
Bankruptcy Judges,"
appointed for14 year?by the President to _
adjudicate mattersin his/her bankruptcy district; and "UnitedStates
Trustees," appointed
by the Attorney Genekal
to handleday-to-day
administration of
bankruptcy cases within his/her region. The United
States Trustees
also
have the responsibiity for appointing"case
trustees" to be selected from panels ofiqualified and approved -
individuals!assist
to the
United StateslTrustees
in theperformance
of
their responsibilities. The Executive Office for United States
Trustees, Department of
Justice, Washington, D.C., oversees the
administration
of
the United States
Trusdee Program.l
b! Attorneys,
accountints, appraisers,
auctioneers,
or other
professional persons may
be appointed
on|alshowing of
necessity torepresent or
assist theUnited States
Trustee or|case
trustee.|
_ c! Proceedings arebegunbyfiling of a petition
p
either by
the debtor voluntary!, or by
creditors involuntary!.
After filing of|a| voluntary'petition,]the|court
automatically issues
an order
for relief. This meanslthe
debtorlis under|the|jurisdiction
Sensitive
'
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I
_ Sensitiv
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Manual of Investigative Operationsand Guidelines
Part
I
of|the|court
.
for|purposes|of|adjudication|of
his/herestate. In
PAGE49
|
involuntary
cases,|a|petition
claimsaggregating
$5,000,
must
sufficientwhere|the|tota1
thepetition
is
befiled bythreecreditors
number
of creditorsis
timelycontroverted,
except
less
thecburt,aftertrial,
shall
with
thatonetcreditor
claiming
$5,000
than12. If
is
orderrelief againstthedebtorin aninvoduntary

caseif:
1. Thedebtor
is geberally
notpaying
his/her
debts when due, or
l
92
' 2. Within 120 dayslbefore the
date of the
filing of thepetition,a custodian
othedthana trustee,receiver,
or
agent appointed
by the
court to collect for a lien againstthe
debtor's
property!
wasappointed
andtooklpossession
of lessthanall
of the debtor's
property. If the petition is not timelycontroverted,
thecourt
shall order
reliefagainst
thedebtor.
d! The commencement
ofla bankruptcy
case creates an
estateandthat estate|which[isicomprisedlof
all the debtors
property,
including
all legalandequitable
interestin property.
- e! Untilanorder
forrelief
in a bankruptcy
case,
andexcept
to_the
extentthatthecourtorders
otherwise,
anybusiness
of the debtormaycontinue
to operate,andthe
debtor maycontinue
to
use, acquire, or disposeof propertyas if an involuntarycase
concerning
thedebtor
hadnotbeencommenped.
I Chapter
7
f! Aninvoluntary
liquidation!
caseimay
orChapter
11
onlyIbe|£iled
under
reorganization!
of[Title-1l|and
only byaperson except
a farmer!,a notrfor-profitcorporation,
or a
commercial
corporation
that maybe a debtbrunderthe chapterunder
whichsuchcaseis commenced.Involuntarycasesare not permitted
for
municipalities. l
g! Thecourtmay,at ahytimeafter the filing of
aninvoluntary
case
under Chapter 7, butbeforean
order for relief is
issued,appoint
aninterimtrusteeto tak@_possession
of thedebtor's
property,
if deemed
necessary,
to preventyloss
to theestateor
to
preserve
theproperty
of theestate.
The courtmay
make
such
anorder
onlyupon
therequest
of a partyin intenestafternoticeto the
debtor
and
a properhearing.Thedebtor]may regainpossession of such
property,
before
an
order for reliefbyposting
a sufficient
bond
as
required by the court. l
p3,] h! |Involuntary
caseslmay
notbefiled|against
foreignbanks
thatarenotengaged
in business
in theUnitedStates
i '" _ '
'__ ,,_ ,
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- 92
.- '> Sensitivn
Part I 1PAGE 49
' 92
but that have assets located here, unlessla foreign proceeding against
the bankis pendingunder
foreign law. .
i!, Thecourt may
awardicosts, reasohable
attorneys
fees, or damages ifan involuntary bankruptcy petition is dismissed
other than by consentof all creditors and the debtor. In addition,
if a petitioning creditor filed the petition in bad faith, the court
may award the debtorany damages proximately caused
by the filing of
the petition.
. l
j! Compositions, extensions, reorganization, and
adjustment plans-Sectionsof the Act providethat privatepersons,
farmers, rai1roads,lor|any
corporation, ptovided
for in Chapter 11of
the Act,municipalities, orother political subdivisions of
a state
may filea petition or answerat anytimelduring avoluntary or
involuntary casesaying theydesire to effect
a composition, an
extension of time
in which to pay obligations, a plan of
reorganization, aor
plan of readjustmentlof
their liabilities.
Purpose extension
of provisions
is to permit debtors,
in|the|absence
of fraud, to readjust their financial-structures, pay off their
obligations andeliminate their debts. With some variations,the
various sectionsrelating to the aboveclasses ofdebtors provide
jurisdiction and powers ofcourt. The-title, powers, and
duties of
officers are same asif a voluntary petiion had been
filed and order
for relief entered onday when
the debtonspetition or answer had
been filed. The various sections relating to the above debtors
provide thatUnited States
Bankruptcy Codrts
exercise original
jurisdiction in proceedings forrelief of l debtors.
R! The
appointment
trustee
ofia mandatory
is a for
public company,
which isdefined as
a company
that has$5 millionin
liabilities, excluding tax and trade obligations, and 1,000security
holders. The appointment ofa trustee is discretionary innonpublic
company cases,
considering theinterests92of the
estate andits
security holders. it
EFFECTIVE: 08/23/88
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PRINTED: 02/18/98
_'.;-.;:..'._.:.........__......_._..,.........n.;_;.i...
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92e;F
Manual of
Part I PAGE 49
493 DEPARTMENTAL INSTRUCTIONS AND
OPINIONS
! Search Warrants - Searchlwarrant to search for
concealed property
in abankruptcy case may
be issuedunder Title28,
USC, Section
1651,after
appointment and dualificationof
trustee and
property seized
under
such warrant may
beiintroduced inevidence in
a
criminal proceeding. ¬
! Accounting evidenceAcdounting testimony
only
showingamerchandiseshortage onbasis of the debtor's
books and
I records|is|sufficient
to make
a primafacie case
under either
of
the
following circumstances: 1
-J
a! If books indicate
quantities ofgoods purchased
and sold, thereby allowingdetermination of quantities of
goods that
should be on hand at
time of bankruptcy.
b! If books indicate
cbst ofmerchandise
purchased
and sold,thereby making
it possible to make
a deduction
as tohow
much merchandise,
measured incost, shouldhave beenon handat the
time of
the bankruptcy. If the booksdisclose onlythe amount
received from
sales, evidence
would
not be sufficient,on thetheory
that it is impossible to determinehow much
merchandise was
actually
sold;
however, if testimony of
accountantlis properly supported
reflecting sales were madeon anaverage bfa certain percentage above
cost, such
evidence would
be sufficient because it indicates
merchandise not
sold below
cost and,therefore, there
must be a
shortage. If accountant testified
to
merchandiseshortage computed
after deducting
the markup
on salesadmitded toby debtoror testified
to by an employee,
such evidencewould support
a primafacie caseof
concealment of
assets.!
! Theft
of propertyof
a dankrupt estate
Where
property belonging
to estateof
debtor id stolenfrom custody
of an
officer of
court, charged with
the controlor custodyof
property, and
retained bythe thief, thief
may be prosecuted
for concealment,
if
shown accused
had some
knowledge
of
the dankruptcy.
92
EFFECTIVE: 08/23/88 I
w-'
.
ea?
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PRINTED:
92
.
02{18/98
..H ....L..-. _.~....'_»92.....'.92',..;_|_.-.._v;__u.@-
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Manual
Part 1
Investigative
of Operations
and Guidelines
' 92
PAGE 49
92
49-4 IMMUNITYOF DEBTOR'S
Tssrlnoni
-I
|Prior to1978,|the debtor
was
immune from prosecution
concerning the
subject of his/her testimonyat
the first meeting of
creditors and at
one subsequent specifiedlhearing. This immunity
extended to any evidence derived from his/her testimony and could not
be used
for leadpurposes. |Current
1aw,|ihowever, prescribes
that a
debtor|is|allowed to
invoke his/her
FifthlAmendment right
concerning
selfrincrimination at hearings without resulting in a denial of a
discharge. Ifthe debtor,
however, waivei
invocation oflthis
right,]
he/The notismay
and the testimony immune
from prosecution
also be usedfor concerping|the|tTstimony
lead purposes. United
States|Trustees, who
preside overall
hearings, are not authorizedto
grant immunity,and anyrequest for immunity must
be initiated by the
Attorney General
or bythe appropriate|United
States Attorney|through
the appropriate U.S.
District Court. 1
EFFECTIVE: as/23/as i
49"5 POLICY
! When instituting investigations of violations by

officers of
the Bankruptcy Court,[the
Ecohomic Crimes
Unit ECU!,
White-Collar Crimes
Section, FBIHQ,|shou1d
be promptlynotified by
airtel or more expeditiousmeans if circumstances dictate. The LHM
should setforth allegations and fact that USAhas beennotified
where matterwas notreferred byUSA's Qffice!
andthat
he/she is
awareof
need to notify presiding Federab Judge thatan investigation
of acourt official is
in progress
! Circulations to
creditons_or customers-No circular
letters to be mailed
to debtorscustomers_or creditors
withoutlprior
submission to
the ECU for authorization.|
! Investigations relating to solicitation of proxies,
etc.,
during a railroad reorganization or
receivership:
a! Interstate Commerce Commission
may investigate
to determinewhether anyperson hasviolated or is
about to violate
provisions of
this subsection andmay aidin its enforcement.
b! Promptlyrefer
tolthe ECU|complaints relating
to
alleged violations of
this provision.
-,1
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PRINTED: 02/18/98
92
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Part 1 | PAGE 49
Q! Accounting investigationsir Responsibility of SACto
assign
to accounting phases
of bankruptcycases
those Agents
who are.
qualifiedhandle
to assignments.
such a
! Investigations at request of USApertaining to
his/her opposing
debtor's discharge:
i
a! Statute provides USA,
when requested
by court,
shall examineinto debtor's
conduct and
if he/she finds probablecause
to doso, oppose
dischargepublic
if interest
warrants it.
b! Upon request of USA, Bureau
will conduct
investigationsthis
of type;
however, immediately notify|the
ECU92of
any such
request giving
pertinent circumstances
of case.
! When
initial complaint
mlde
by
officerofcourt
and
USA declines
prosecution, case
may be
closed. Communication
indicating declinationshould containstatementthat
USA was
specifically informed
that
complaint was made
by
officer of court.
I-1,11-___
EFFECTIVE: 11/20/90
§9*6 INVESTIGATIVE PROCEDURE

! Complaints
a! Investigations based oninformation received

from USA,
United States
Trustees, Bankruptcy
Judge, creditors,
and
attorneys fortrustees, and
interested parties.Refer toMIOG, Part
I,Section58, forpolicy regarding
allegations bribery
of and/or
conflict of interest involvingcourt
orders.
I
b! Maintain contact with all persons in position to
have information
as to violations., I
c! Responsibility for instituting investigations
rests
with SAC. I
g_ d! USAmust
be consulted beginning
at of
investigation foropinion asto whether
facts
complained of, if true,
constitute
F
prosecutable
violation s!. i 92
¬;,_ ! Initial steps
-
i;1p 92
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Sensitivet
Manual
Part 1Investigative
of and
Operations
1Guitelines
PAGE 49 -12
a! Obtain
from complainant
all information
relative
to alleged
violation. ' %_
b! Specific facts indicating
exact nature
of
violation should
be sought
as itis notdesirableengage
to general
in
investigationnature
in aof"fishingexpsdition"general
on
allegationsfraud.
of A 92 l .
c! Bankruptcy
records should
be examined
and
necessary preliminary
facts
obtained to establish
92 jurisdiction. 4
_d! Preliminary survey

thould not
interfere with
prompt investigation
ofleads
requiringimmediate attention,
such
as
direct information
as
to the location
of concealed
assets.
92
! Planning the
investigatipn "
' a! From preliminary
idformation obtained,
itis
possibleplan
to subsequent
courseacsion
of be to followed.
L~¥5i case
whether b! Determine
facts
indicate as soon
ss possible
simple
physisal inbyconcealment
concealment
debtor
of
identified articles
orascheme
formulated
anticipation
in of
bankruptcy
orwith
without
connivance oftothers.
c! Anyassociation of92debtor
with individuals
known
to have
been connected
attention. with other
bankruptcies
l should
be given
.'
d! Determine
whether
itwill be possible
to
establish violation
by direct
evidence
or
whetherexpert testimony
of
accountants
will
be necessary whether
anditappears
likely evidence
can developed
be to other
as alleged violations;
i.e.,
destructionof
records, false
claims,
mail
fraud, fraud K
by
wire,etc.
e! Whereindications§of more
than one
violation
present,isitdesirable
that the
investigation
directed
be toward
establishmentthose
of most
susceptibleito
proof._
V
! Typesof evidence
and tource
of leads
-t
a! Official bankruptty records
are sources
of
necessary
useful
and information;
shouldexamined
be beginning
at of
:i@;_case
Trustee
ortrustee,
attorne
rLa/L75
investigation;
will
be found with
the
i
Bankrupt
1 .
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Manual
Part 1
Investigative
of Operations
and Gudelines
1 PAGE 49 13
-1
r_
on behalf of corporate bankrup to be reviewed.

Transcripts of other witnesses to
be revi
" b! A petition may be f led by
trustee for asummary
order directing debtor to turn over asse alleged to be in
his/her
possession orfor which he/she hasfailed to account;Evidence in
should
support of such petition is valuable and p be examined. Should a
compliance turnover
with order
be noted,
it wouldindicate concealment
of assetsandin
such instances acomprehensive investigation should
be conducted,
particularly to determine source
of fundsused in
complying with
turnover order. One of bases foran objection
to
discharge which
may befiled by
creditorslis that bankrupthas
violatedone
of criminal provisions of the Act. Issue
thus raised is
one withwhich Bureau's
investigation isboncerned evidence
and
presented athearing
upon
the specificatibn
may
be admissiblea in
criminal prosecution. I
LL c! In some instancesit is possible to prove Y

existence of
unaccounted-for assets
by téstimony
of an
accountantwho
has made
examination of
bankrupt's booksjand
records.h d'
Such b
.unaccounted-for assets
are ordinarily figured in merc anise, u t ma y
' '*- ---L --...'.-.¢u-92i- ein-r-n|1f|l'.¢{
OI notes
receivable,
£%iL7E
oan.-,-, -_ --.L _
books arenot complete, it may be necessary,in
order to determine
beginning inventory,
to resortto
financial statements issued
by
debtor. In addition, dataregarding beginning
inventory may
be
obtained interviewing
by debtor
and his/her
employeesexamination
and
of workpapers
of debtor's accountant.
To determine
purchases of
debtorininstances inwhich records of the debtor not complete, it
may be necessary to c ircularize creditors upon obtaining FBIHQ
inancial records deemed
authority. Copies of pertinentinvoicesland f
pertinent may
be requested
in circular
lftter. .
- d
1
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Manual
1- ofInvestigative Operations
and Guidelines
L PAGE 49 - 14
Part 92
4
-7
L2/he
._L
__-is
E! Facts in every bankruptcy 1VeSL1g3L10u aic
necessarily unique,anditmust lie in discretion of
Agent
' conducting
h'ch
can
the1'nvesti
g,
ation
counselled by SAC,to
determine evidence iw
and
should be developed, and toshape course
of inquiryalong logical
C'1, lines.
#5; 92
g! [Deleted]
! Recovery of concealed assets -
92 . .
a! Recoveryof concealed
assets
in possession of
debtor or
associates of
is greatvalue
in 92
establishing violation.
92
b! Whenconcealed assets
are discovered,follow
procedures pertaining
to searches
and seizures.
c! Persons taking inventor
, Y of recovered
merchandise
'
should
'
"
properly indicate,
onleach article if necessary,
f sistance in
their identifyingmark,or
take appropriate notes
or as
their possible testimony.
! Scam bankruptcy or
"Bustout"
a! "Bustout" is the slang
term used todescribe a
hlo ed inestablishing or
acquiring
abusiness,buyinglarge
quantities
sc eme
emp y
merchandise
of credit
on andithereafter
disposingthe
of
merchandise without paying the
creditors.
.1 ,
b! Most of these operations arereported by
Z/TT; informantdsan industry sources
_Pbeforedvoluntary or
involuntary
" *bankruptcy
petition is
filed. Investigations
are tobe instituted
I '~¢_
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Sensitive
>
Manual of
and Guidelines
Part I PAGE 49
promptly and
discreetly todevelop evidence
before theoperator has
terminated his/her scheme and
destroyed anyrecords evidencewhich may
exist. Other
violations which maybe presentin a"bustout" include
fraud bywire
Title 18, USC,
Section 1343!,
mail fraud
Title 18,
USC, Section
1341!, andinterstate transportationof stolen property
Title 18, USC, Section 2314!. i
_ l
c! The National Association of Credit Management
NACH! isan organization of over 45,000 representativesof
manufacturers, distributors, service companies,and financial
institutions which
extend credit to the nation's
businesses. NACM
is
committed to prevention and
detection ofSusiness creditfrauds
assisting lawenforcement agenciesin obtainingsuccessful
prosecutionsindividuals
of involved
in these
frauds. The NACH
Loss
Prevention Department
maintains acomputerized data base,
with
information
dating
to 1963, relating
to actual
and suspected business
credit frauds, including names,
aliases, backgroundinformation,
addresses, priorbusinesses, and
modus operandiof individuals
r
involved. This informationis
available to law enforcement agencies
upon request.
NACH members
additionally alert
the Loss
Prevention
Department
suspicious
as credit
matters come
to themembers
attention, such
as unsolicitedor unusualimerchandise orders,
fraudulent creditreferences, nonpayment
of credit invoices, etc. The
NACM LossPrevention Departmentis locatedat 401Wythe Street, Suite
2A, Alexandria,Virginia 22314,telephone 03!6843436.
! Use of charts
or graphs
in court "
4,
D-iv
EFFECTIVE: 03/23/92 i
1.»-
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Part I PAGE 49
49-7 REPORTING RULES
! Bankruptcy cases mustbe presentedto the USA and
cannot be closed administratively.
! Upon initiating abankruptcyinvestigation except
investigations initi;g3d083!receipt
a loss
of less
than ,,
of a
eitizen'T
submitan
alleging
complaint
artel tothe Economic Crimes
Unit ECU!,
White-Collar CrimesSection,lBIHQ, withan accompanying
LHM setting
forth a summaryallegations
of and,
if known,name and
phI sicaldescription any
of subjectdeveloped.
s!
! Two copies ofprosecutive report,when required,
are
to
be submitted to|ECU,lone
of which
is disseminatedlby
the ECU|to
the
Criminal Division,
DepartmentJustice.
of Acopy ofthe reportshould
be furnished to the USA.
! TheECU|must advised
be the of final
disposition of
each case.At the conclusion of
the caseian
LHH should be
submitted
containingthe ultimate
prosecutive disposition.
~ ! Where
no prosecutive reports
are necessary,
such as
in
an-immediatedeclination orwhen USA
declines priorto required
submissionoE
aprosecutivereport, anLHM containing
asynopsisof
the case,
identity ofthe subject s!,andiprosecutive disposition
may
be submitted
in lieu of a report. 1
EFFECTIVE: 11/20/90
49-3 STATUTE OF LIMITATIONS

! Five years fromdate ofloffenseexcept inconcealment
of assets. I1
! Concealment
cases is
- dontinuing
offense -
Limitation beginsto
run on datedischarge granted
or denieddebtor.
Title 18, USC, Section
S284! L
EFFECTIVE: 11/20/90
92
l
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92.
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Manual
Part I ofInvestigative Operationsand Guidelines PAGE -49
17
49+9 VENUE
! Lies in
district in whic
offense committed
! In concealment cases
- in district in which petition
filed or in
district in which
ancillary proceedinginstituted if
assets concealed from such ancillary trustee
EFFECTIVE: 11/20/90
92
4910 PENALTY - MAXIMUM!

! Section 152-$5,000or 5years, or
both
! Section 153 $5,000 or5 years, or both
! Section 154 -$500 and
forfeiture of office
= -,._ I
{Q H; ! Section
155$5,000
- year,
or1both
or
EFFECTIVE: 11/20/90
49-11 CHARACTER
BANKRUPTCY
Fniunf
92
"92
92
EFFECTIVE: 11/20/90
Sensitive
PRINTED: 02/18/98
1
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ManualInvestigative
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and Guidelines
' PAGE 50
Part I
SECTIONINVOLUNTARY
50. ANDSERVITFDE
SLAVERY
IS 92
-i
50-1 STATUTES
nt; Title
U.S. Constitution, 13th amendm 18, USC, Sections
1581-1588, 241 and 242.
EFFECTIVE: 02/16/s9
50*1.1 Constitution
of the
United States, 13th
Amendment 92 .
4
Neither slavery
nor involuntary
servitude, except
as a
' whereof
the partyshal
have been
duly convicted,
shall existwithin
punishment for
crime
the
United States,
or anyplace subject
to their
jurisdiction. Congress
shall have
power enforce
to article
this y .p. b
Ch, E appropriate legislation.
EFFECTIVE: 02/16/39
50-1.2 Section1581. Peonage;

Obstructing Enforcement
! Whoeverholds or
returns any
person ato
conditionof
.'P
eonagearrests
or 1
person
any the
withintent
of placing
him/her in _
or returning him/her toacondition of pepnage,or
J .
! Whoeverobstructs, or
atlempts to
obstruct, orin any
way interferes with or pr
events the
enfoncement
thisofsection,
shall
ned not more than five years,
be finednot morethan
$5,000 or impriso92
92
or both.
{,1
I
Sensitiye
PRINTED: 02/18/98
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Hanual
Part I of
Investigative
Operations and
Guidelines
'} _PAGE 50
' 92
50-1.3 p Section 1583.

Enticement IntolSlavery
! Whoever
kidnapscarrie%
or away
any other
person,
with theintent thatsuch other
person
be
sold into involuntary
servitude; or
held as
aslave; or | 92
_
! Whoeverentices, persuades
or induces
any other
erson to
goon
boardany vessel
or to
anyyother
place with
the intent
P
that
he/she may be
made
or' held '
asaslavet
ith
or sent out oforthe country
n$5,000
to
be so madeor held, shall
be fined not Fore a
imprisoned not
more than
five years,or both.
92
EFFECTIVE: 02/16/89
50-1.4 Section1584. Sale

Into Involuntary
Servitude
Whoever knowingly
and willfullyholds toinvoluntary
servitude or
sells intoany condition
of involuntary
servitude, any
f r an
term or brings within the United Statesany
personheld,
soo shall
other persony
be, fined
not more
than $5,000
or imprisoned
not
more than five years, or both. -
EFFECTIVE: 02/16/89
I
501.5 Section 241. Conspiracy
Agaihst Rights
5" ! If two or more persons
donspireinjure,
to oppress,
threaten
' or
t|'
'intimidate
free
Distric in
any|inhabitant
theexercise
I any
State,
or enjoyment right oro
of any Territory
privilege or
secured
to him/her by
the Constitution
or laws
of theUnited States,
or because
of his/her having soexercised thesame;
or
! If two ormore
persons go
in disguise on the highway
9
or on
the premisesanother,
of with
intent toprevent
. .1 or
hinder
his/her freeexercise orenjoyment any
of
right or privi ege so
secured; »
I imprisoned
! They
more
shall
be
not than
fined
ten years,
notmore
than|$l0,000|or
or both,
and ifdeath results,
theyshall
be subject to
imprisonmentany
forterm
of years or
E
or
life. 51
1
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Manual of
and Guidelines
1 PAGE 50 -
Part I A I
.L
! Inpthe eventavictim is
not aU.S. citizen, thena
possible violation
of Title18, USC,
Section 371,
Conspiracy,
to be
is
considered. Policy
and. -procedure
relatingito this
62*l6.8 of
statute
this. manua
is 1 . I
contained in Part I, Section 62-16through
EFFECTIVE: 02/16/39
501.6 Section 242. Deprivation of Rights Under

Color of
Law
92
.
Whoever, under
color of any lay,statute, ordinance
reS l ulationor custom,
willfully
subjects any inhabitant
of anyState,
Territory, or District tothe deprivationlof
any
1 Iu
rights,
privileges
Et h
or
immunities secured
or protected
by theConstitution or
laws 0 e
Uni e't
d States
, or todifferent punishments,
pains, or
penalties, on
accountsuch
inhabitant
of being an
alieni or
by reason
of his/her
olor or race than
are prescribedfor thepunishment citizens,
of
shall
be fined
Cs 1
not
moreI I than
$1,000
Q imprisoned
or II
lts, fined
more
not than
I one
and/or impriso
year, or both; and|if bodily IHJUIYresu5; shall
not morethan 10years. Ifldeath result be subject to
Q imprisonment for
any term
of yearsor £0r]1ife.
92
EFFECTIVE: 02/16/89
50-1.7 Other Applicable Statutes " Slave

1
Trade
! Title 18, USC, Section lb82. Vessels

for slavetrade
! Title 18, USC, Section £585.
Seizure, detention,
transportation or sale of slaves 1
! Title 18,
USC, Section I
slave trade 1586.
Service on vessels in
! Title 18, USC, Section §
aboard
vessel 1587.
Possession of slaves
! Title
18, USC, Section
slaves from United States 1588. Transportation of
1.
i
c.»
Sensit
ive
PRINTED: 02/18/98
' ' " _~ ' P,..
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Manual of
and Guidelines PAGE 50
Part I t
92
92
EFFECTIVE: O2/16/89 _
1
50-Z ELEMENTS
1
EFFECTIVE: 02/19/as
1
50-2.1 Section 1581

! A person must
hold orreurn
P any
other erson;or
l ! A person must
arrest anyiother
person with
intent to
placelhim/herlin
orreturn|him/herl }1
1 provided by law
! To compulsory service
no?
Becauseadebt,
of eithep-real pretended
or
C !
92
! Against the victim's
will
EFFECTIVE: O2/19/85
5O*2.2 Section 1583

l»
! A person must
kidnap orlcarryaway any
other person
1
! With intent thatthe otder
person will
be sold into
compulsory service,
or held as aslave; or
A! A person
must induce
an}'other
to board
person
a
vessel orto goto anyplace L
92
1! With intent that the

92 other
person will
be made or
held as aslave, or
sent out of the country tobe somade or
held
! Against the victim's wiil
EFFECTIVE: 02/19/85
11
Sensitive
PRINTED: 0;/18/98
... <-I-1r'_
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SensitiveiT
..: .;;

Part I lPAGE 50
50-2.3 Section 1584
! Aperson
must knowingly
and willfully
hold in
com
P
ulsor
Y
service or sell into compulsorylservice any
other person
against that person's will;
or
! A person must
knowinglywillfully
atd bring
into
the
United States
any other
person held
in
compulsory
service.
EFFECTIVE: 02/16/89 l
502.4 Section 241
92
! Two or morepersons mustlconspire
92
92
I District|of !rights
To deprive anylinhabitant
secured to
of anyState,
Territory
citizen bythe Constitution
or
specificallythis
violation
in - the"rignt
to be
free
from slavery
and involuntary servitude!
EFFECTIVE: 02/16/B9
50-2.5 Section 242

! Aperson must actunder92colorof law
{
! To deprive anyinhabitant of rights securedto
inhabitant by
the Constitution
specifically inthis violationP the
right tobe free
from slavery
and involuntary
servitude!
1.
i
'7'.
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PRINTED: 02/18/98
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Manual of
and Guidelines
I PAGE 50 6
Part I
50-3 POLICY I
In De
P
artmental Circular
#3591J'dated addressed
12/12/41,
to all USAs,
violations, the
Department
prosecution that
noted
had been innumerous
declined the
by USAsalleged
peonage
because
oEth e
absence of the eemen o.1 t Edebt
e The Department
pointed outthat,
while case
law under Title 18,
USC, Section
444 now
Title 18,
USC,
' ,1581!
Section
holds that
debt isthe "basalelementpeonage,"
of
Sections 443,
51,and
52 now Sections
158?, 241,
and 242
respectively!
disregard
entirely ' . the element
of debt Th e
USAs were
advisedtheof Department's
desire emphasize
to depend
and the
upon
issue involuntary
of servitude
and slavery92in
lieu of
peonage
debt
plus involuntary
service!. , .
92
This Department
circular alsoiadvised
as follows:
"In the
mattercontrol
of dne
by over
the person
of be
another, the
circumstanceswhich
each
under person place
is
musdt
'
'
the subserviencethelwill
of92 of one totheother.
Open
force,
threats or
determined,
intimidation
i.e.,
need
not be usedto cause
aperson>
to
go involuntarilyone
from
place
to another work
to toand
remain
a
such work;
nor does
evidencekind
of treatment
showabsence
an of
involuntary servitude." .
EFFECTIVE: OZ/16/39
92
50-4 INVESTIGATIVE
PROCEDUREPartSee;MIOG,
50
I, 4.2
!.!
92
For purpose
of thisclassifieation,
acomplaint
is any
allegationor made
information
receivedany fromsource
not known
to
be unreliable,
which includes
legitimateapublic
press
or
other
legitimate
media,
news indicating
a posseble
violation exists.
/! Upon receipt of acomplaint,arequest for
'
sti ation by
the
USA orarequest
for investigation_by
theU.S.
Department
inve g
Justice,
of field
the division must promptly
submit Form
92
FD-610 within five ! workdays receipt

of ofcomplaint!. All items
on the
form are
supplemental to becompleted the
submission.
This action on
initial
i§_tobe submission
taken prior or
later
theby
to
f ch case in all Civil
Rights Hatters. Along these lines,
the
field division should
close 0ea
makeefforq
an provide
to maximum
the 92
amount
of informationon the initial submissiom.
Do not delay submissionof
-610 'f
all datais notimmediately available. Submit a
Z
,1
.-;:?7
supplemental
FD 1
when formadditional
information necessary to complete
!
Sensitive
PRINTED: 02/18/98
1.
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92
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--...-
Jun
Manual of
and Guidelines PAGE 50 - 7
Part I q
th form
issecured.
telephone
e
or Inanew
teletype those
instances
of case, the FBIHQ
wgere
FQ-610 advised
be is at by
should
submitted
.
the earliest
possible
completion moment.
theofFD-610
are Specific
set
forth in instructions
fart regarding
I,282-8.1 of the
this
manual.death
If has
occurred, advise
FBIHQ immediately
and conduct
no
investigation.
report must If preliminary
be submitted investigation
to FBIHQ
withacppy USAclosing
to theconducted,
within
21
workdays receipt
of complaint.
of MAQP,
See II,Part
25.2.4.!
! Investigationsunder thesb
statutes are
to begiven
immediate, preferred,
and continuous
attention order
in that
they may
be promptly
and meticulously
completed
an in
impartial
manner. These
cases
are to be
criticism, handledpublicity
or
unusual experienced
by arising inAgehts.
Controversy,
connection
with e
these cases
is to be immediately
reported toFBIHQ. l92
92
! Department
has authorized
USA request
to to
upandy
including preliminary
investigations routine
of violations
ofthese
statutes. Advise
FBIHQwire by of
any such requestsconduct
and
..--_
investigation desired.
If request
isillpgical or unwarranted
or
other circumstances
exist indicating
investigationnotisdesirable,
furnish details
of requestto FBIHQ
by wifeand conduct
investigation Full
UACB. investigation
should notno
be conducted
unless
approved FBIHQ.
requirements by DOJ
the aof
92If
field
office strongly
investigative disagrees
reqhest s!the
and taskings,with
the
field
vestioffice
' should
ative contact
request
and the D01
toattorhey
attempt
resohve
anygenerating
the
issues.
If thefield
office cannot
in
resolvematter
g
the
with
D0, contactCRU.|
the
! No complaintsto
are
beifiled
andno
arrestsare to
be made
in cases
of thistype without
FBIHQ
l authority.
5 Theservices local
!
of
law enforcement officers must
not be
used without
FBIHQ authority.
i
! The Agents should
be alertto thepossibility that
the victimand other
witnesses suffer
might abuse
or mistreatment
as a
lt of their furnishing
information.such
iAny situation
should be
resu
immediately
brought the
to attention
ofer FBIHQ
and the
USA.
! Whenexhibits are
obtaihed, sufficient
copies are
to
be made
so that
two may
be furnished
toFBIHQ,toonetheUSA, one
and
=,-_- kept inthefield
office file. }
' '.-in 8! Contact
the USA
for USA's
views to
asthemerits and
as towhether further
investigation appears
desirable.
Sensitive
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Manual of
and Guidelines
Par
tI iPAGE 50
I.is tobe completed and
9! All investigative activity
reported within
21 work
days of
receipt oflthe
complaint. Any
delays
in
meetins this reporting
requirement should
be reported
to
FBIHQ,
Civil Rights Unit, by
FD-205.
0! Signed statements should
be obtained
from the
original complainant
and other
persons whoifurnish
pertinent
information,well
as asfrom the victim s!92and
subject s! whenever
possible.
ll! Interview victims and
witnesses out
of thepresence
of andwithout knowledge
of thesubject, ifpossible.
2! In allinterviews, efforts should
bemade
to develop
information showing
the nature
of thealleged compulsory
serviceand
whether the
victim isheld
against victim;s_will. All facts rea ive
lt
to alleged
physical mistreatment
of thevictim should
alsobe
obtained. 1. ~
cstatements
. 3! Efforts
through
shouldbemade
interviews with
to
corroborate
the
otherslwho have
victim's
maybeen
in a .. .. ,
't'
observe
to the
relationship between
the victim
and victim
s
employer. Among
posi ion
those
who should be
considered
for interview
92
are
other employees
of thesubject, neighborsiand
their employees,
tradesmen,others
and who
mayhave
had ocfasioncontact
to the
subject. 92
4! If the allegations
involve the
arrest ofthe victim
for thepurposereturning
of victim
to vctim's
employer, exact
the
nature of
the charges
and the
full detailsof all local
action should
be
ascertained. {
5! Detailedinformation asito
how the
victim s! and
witnesses,well
as asthe subject can
s! be
located at afuture date,
if required, should be
obtained
EFFECTIVE: 08/10/94
92
1
Sensitive
PRINTED: OZ/18/98
. >
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I
92
92
.._..F' Sensitive
Manual
Investigative
Part
I
of and
Operations
1 GuidLlines
PAGE 50 -
92
50*.l Investigations
Involving Higranf
Labor Camps
TheCivil
Rights Division CRD!tby
memorandum
2/4/80,
on
nded CRD
by memorandum
on 11/2/81,
requdstedfollowing
procedures
3.1116
conducting
for ISS the
investigatioTs migrant
involving
labor
camps 92
"This memorandum
sets forth
thd_procedures
should
that be '
f
Eoowe
ll din instituting and
conducting preliminary
investigations
o
complaints
involuntary
of servitude
or
peonage
i
whichdnotinvolve
the
be
oeration of migrantlabor camps.These procedures
nee
followed
P
in
situations not
involving migrant
labor camps.
"The preliminary
investigation92set
in this
outmemorandum
should be conducted! y
"! Whenthe Federal
BureauInvestigation
pf receives
direct complaints,
or otherwise
receives ipformation
regarding an
incident w
h'
ic
hindicatesapossibleviolation
92
ofTitle 18,United
States Code,
I
Sections 1581
or 1584,
a! involving migrant
laborers. 92
"! Whenthe Civil
Rights Division,
oraUnitedStates
Attorney requests
apreliminary
investigation
a possible
of violation
of thesestatutes involving
migrant laborers.
"Upon receipt
of such
complaintrequest,
or please
conduct
the following
preliminary investigation:
Y,
92
"l. Interviewthe-complainant
alland
othernon-worker
witnesses identifiedby
the complainant.
"2. Interviewall alleged
victims who
have leftthelabor
camp. Interview
ofthe
recruitment, these
victims
method of shouldldetermine
payment, whethermethod
the worker
is theto
indebtedof
the crewleader,
how
such indebtedness incurred,
was forceused or
threatenedbe
used
to against laborers,
and the
identities and
descriptionsall the
of
foremen,
addition, determine
cooks,
name.or
bookkeepers,
descriptions
and
other
truckdrivers.
of workers
who may
In
wish to
leave the
camp. Determine
how the
alleged victims
madetheir
way from
the camp.
Photograph
victims. Photographs visible
shouldtahen,
be any injuries
even to the
alleged
if noinjuries are
claimed
toassist
in locating victims
in thefuture. Obtain
from the
alleged
victims any
physical evidence,
such pay
as receipts,
pay envelopes,
etc., whichrelate to their employment.
l92 _ .
"3. Thelabor camp

should be
promptly visited
to
conduct
1 .
Sensitive
PRINTED: 0;/18/98
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1
l
.34
Sensitive
i.
Manual
of
InvestigativeOperations Guidelines
and
l PAGE 50 '
Part I l
92 92
appropriate
will include
investigation
regarding
other
identifyingpersons
any
any
want
alleged
victims. This
who leave
to
the camp.
Possible victims
shouldadvised
be that
U.$. laws
provideperson
no
shouldforced
be work
to against
his willeven
ifhe owes money
to
someone
at
the camp. Necessary
arrangements be
made
should
with local
authorities social
and agencies
for transportation
and other
assistance
needed
by those persons
desirous
of
leavingthe camp.
t should
insure that
any workers
are permitted
to leave
and that
reasonable assistance
Agen s
is rendered
to them
En this
regard.
"h. If any workers
identified as
possible victims
do
not
indicate
camp, adesire
theytoprivately
should leave
on
be theirinterviewed
own
ontoto
be transported
determinefrom
if they the
fear
reprisal from
anyone leaving.
for I92
92
"5. Ta ke
all persons desiring
to leavethe camp
to an
appropriate
forplace
interview
and condugt
full interviews
as in
#2
above. 92
"6. Inview
of
the difficulty in
securing Grand
Jury
attendance
of
migrant
witnesses be
workers
should
told
interyiew,
after for alleged
that itis important
the
them
victims
and
to provide
some
address through
whichthey
can be contacted. In effort
to keep
track
of
alleged
victims,
they
shouldbe encounagedto contact
state
or
local
employment
can be services
reemployed. migrant
and witness
potential
Each assistance
programs
should ofbe that
advised sothey
the
importance
of
informingthe FBI
frequently
of
his or
herlocation.
Photographs betaken
should
to assist inilocatingvictims and
witnesses in the.future. 92
"7 Determine
whether cbmplaints
any have
beenD'vision
made to
local
police or sheriff's
offices
or local Wage
and Hour
i
representatives
of
the U.S Department
ofiLabor concerning
the subject
orworkers
under the subject's
control Ifso, obtain
copiesallof
relevant documents.
"8. Interviewthe crewleader
and the
foremen, cooks,
bookkeepers,truckdrivers
and working
fdr him.These interviews
shouldconducted
be interviews
after specified
in
#5 above.! These
individuals should
specificallyquestioned
the allegedbevictims.
incidents mentioned
by concerning
specific
In addition,
they should
be questioned
concerning
bookkeeping,of payment,
methodsof
recruitment,
methods
methods
of methods
charging of
the workers
for
room, board,
work materials
e.g., gloves,
alcohol, tobacco
and the
QI ._,
'
/ like!, and
the indebtedness
of each
crewleader. Determine
particular worker
whethercrewleader
the
to the
each
andregular
92
1
Sensituve
-..-.|;'_-.i=.:,-.~..i-.:_.-,A.:}.s;{..sm;{=s,'.i=';Qrs:a;L:._i.J-.'-z».._..
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- .3.- Sensitive
I-03
ManualInvestigative
of Operations
and Guidelines PAGE 50 . 11
Part I
employeehas
thereof
the
registrationiS.C.certificate
required betokept
Section
by the
2045!Farm Labor
Contractor's
c1 Act.
Registration
U.
1
"9. Copyof yourreports shoubd
be sent
to theUS. .
Attorney well
as as
theS.CRD.
t theappropriate UIn matters
Attorney which
may have
shouldpbe prosecutive
apprised
orally the
of
facts developed,
meri .
andadetailed
teletype summary
shouldsent
be to!
FBIHQ
since relay
to
for
to thegrand
prompt
resort CRD,
prior
to jurypreparing
processes written
be the toreport,
necessary
may secure
attendance ofwitnesses." l
EFFECTIVE: 02/19/85
92504.2 INVESTIGATIONS
INVOLVINGSLAVE
SEXUAL EXPLOITATION
OF CHILDREN
wnlrs
ACT
TRAFFIC
WSTA!,
AND INTERSTATE
TRANSPORTATION
IN AIDOF RACKETEERING
%
.
ITAR!-PROSTITUTION
! po FBI lic y and procedure
Exploitation Children and involving
of ITAR-Prostitdtion setWSTA,
Sexual
forth
are
inPart
I,Sections
31,145,
and 166 this of manuTl,
! Agentsshouldalert
be whenconducting Sections
31, .. .. . ma
1&5,
and 166 investigations
tofacts
which indicate that
victims y
have been
held or
soldthrough
slavery subjects
by
into
conditions
use of
oflinvoluntary
force,92threat
servitude
force,
ofor
or
coercion.
such
If information
is develoed,
aseparate
investigation
is tobe conducted
pursuant 50-4!
through
to 5!.
If circumstances
exist which
would dictate
thataseparate
50 case
not be
opened,
advise
FBIHQ so thatthe matter
can discussed
be thewith
CRD,
DOJ.
!In addition
to
theseinvestigative steps,
Agents are
to
photograph
I minor any visible
injuries
children should
not be the
to alleged
photographed
as adultvictim
suchaction coulds!,
cause
additional trauma
if they have
been victims
the sexual
of
abuse
where
photographs weretaken!,
Obtainany medical
Q! records pertinent
al personnel;
to victims s'!
injuriesand
interview appropriate medic
!If possible, secure
frdm the
alleged victim
anys!
physical
A relate
to
evidence
such
conditions
pay
as
of their
records,
photographs,
being held
and
etc.,
which
forcedto perform
may
work
4..
w i,or services against
their will. 92
Sensitive
PRINTED: 02/13/98 .
----1-J
-- .....i...n _o.--...,.._..vi..=.......|.'._.--x........_.._.......;;:,..;..iL:.-..:.......;.;-..i;.,a_.-i-.i.;._..1._..;.._.-_,
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,-
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92
, ........
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Sensitive V
;»
ManualInvestigative
of Operations
and Guidelines PAGE 50 -12
Part I p
!
EFFECTIVE: 02/19/as I
i
50-5 venue 1 _
The venue
of Involuntary
Servitude Slavery
and cases.is
in
the judicial
'district
' where
' the
d'cia1offense
district inoccurred.
which the Conspiracy
In conspired
parties
cases, it is in any JU i
or where an overt
act infurtherance theofconspiracy
was committed.
EFFECTIVE: 02/19/85
5O*6 MEMORANDUM
OF UNDERSTANDING
92
"MEMORANDUM
OF
UNDERSTANDING
BETWEEN FEDERAL
BUREAU
OF OYMENT
INVESTIGATION
AND THEiDEPARTMENT
STANDARDS
OF_LABOR'
ADMINISTRATION
AND
WAGE
HOUR
!
EMPL
DIVISION
REGARDING OF
VIOLATIONS
FEDERAL
STATUTES ll
RELATINGINVOLUNTARY
TO SERVITUDE
AND SLAVERY
92
"The
f purpose this memorandum
is
to develop close
a working
relationship
o_
between
the Federal
BureauInvestigation
of
d dAdministration,
and
FBI!
Wage
the
U.S. Department
of Labor,Employment Stan
ar s
'
'
'WHD! with
respect
to
the enforcement
Federal
of
laws which
involve Involuntary
and Hour Division
ServitudeSlavery
and ISS!.
92
"POLICY 92
"It shallbe the

policy of
both the
FBI and
the WHD
to exchange
information relative
to'
' '
violations disclosed
' ' '
alleged
Th Federal
orstatutes during
the
course oftheir investigative activity. 92
e
primarily involved
Slavery FBI!,
thein
this
Farmagreement
Labor areilnvoluntary
Servitude
andand
Contractor;Registration
Act WHD!,
the FairLabor Standards
Act NHD!.
"PROCEDURE
7"FBI
. ._..
WhenFBI the receives
information during
the course
of investigative
activity indicating
apossible
violation the
of Farm
Labor Contractor
92
Sensitive
l
.._-:;';.=*L*_-,.._......;.
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Part I PAGE 50
Registration Act
or theFair
Labor Standards Act,
the WHD
Office
covering thearea in which thealleged violation occurred willbe
notified in atimely fashion. This initial contact will
be followed
with awritten summary of the allegati0n s! set forth in an FBI _
letterhead memorandum. This memorandum will be furnished to the WHD
Office which was providedthe initial information by the FBI. Acopy
of the memorandum willbe forwardedto FBI headquarters for
transmittal to the WHDNational Office, ATTENTION: Office of the
Administrator. 1
IIWHD ll
When theHHD receives information, duringthe
course of investigative
activity, indicatingapossibleviolation ofthe InvoluntaryServitude
and SlaveryStatutes, theFBI Officecovering theareainwhich the
alleged violation occurred will
be notified in atimely fashion. This
initial contact will be followed with a written summary of
the
allegation s! set forth in aHHDmemorandum.-memorandum
This will be
furnished tothe Special
Agent inCharge of
the FBIField Officewhich
H"-
was p
rovided the initial information by the WHD.Acopy of the
.memorandum be
willforwarded
to the Regional NHD
Office andthereafter
-;_'.. - to theWHD National
Office fortransmittallto FBI
Headquarters,
ATTENTION: Civil
Rights Unit,Criminal InvestigativeDivision.
INTER*AGENCY FEEDBACK 92 .
The CivilRights Unit,

FBI Headquarters,
and the
Office ofthe
Administrator, WHD
National Officewill maintain liaison concerning
matters ofmutual interest
relating to policy matters as
set forth in
this memorandum.
A portion of this
liaison will involve the
dissemination information
of concerning
the final action s! takenin
eachcase
developed and investigated
underlthe terms
of this
memorandum.
92
/s/ William H. Webster
WILLIAM H. wtssrsa
12-832 Direct@r
Federal Bureau92of investigation
DATE i
92
__.-.-,.;
/s/ Robert B.Collyer
12-27-82 ROBERT B.92COLLYER
DATE Deputy Under Secretary for
Employment Standards
I U.S. Department Labor"

of
1. ".-1.;»', M_,_..,,.__ p__ ._...:.p_._*§!_r'ninln|ILII.¢l-aft->|-vi"
924_
., .i...
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xii..._.I._
Sensitive
._'}.
.:p I
Manual of
and Guidelines PAGE 50 *14
Part I
! "MEMORANDUM
or UNDERSTANDING
BETWEEN BUREAU
FEDERAL
OF INvEs
TIGATION AND
IMMIGRATION
1
NATURALIZATION
AND
sERvIcE REGARDING
VIOLATIONS
FEDERAL
OF
AND SLAVERY
STATUTES
RELATING TO
INVOLUNTARY SERVITUDE'
l
"The P
urposeoft this
the
memorandum
Federal
to develop
is acloser working
Bureau
ofllnvestigationand the
FBI!
Immigration
Naturalization
and
relationship be ween
Service
INS! with
respectthe
to
to
Invo .. .1 t
un ary
enforcement
of
Federal laws which
relate primarily
Servitude andSlavery ISS!.
"POLICY q
"It hall be thepolicy ofboth the

FBI and
the INS
to exchange
information relative
s
to violations
of Federal
' '
law Thedisclosed
t'v't
or alleged
. Federal
during thecourse oftheir investigativeap i iy
statutes primarily
involved this
in agreement
are Involuntary
Servitude and Slavery FBI ! , andAlien Smuggling INS!.
"PROCEDURE
"FBI
. ,1
' 1 e of investigative
When the
FBI receives
information during
the cours
Smuggling laws,
the
activity'
indicating
'
apossibleviolation
'
which
of
thelalleged
Alien violation occurred
INS Office covering the area in
will benotified
initten
'th
atimelyfashion.
summary of
This
initial contact
the allegation s! set
will
bean
forthin
FBI letterhead
followed wi
memorandum. awr
'
memorandum
This
'
" '
"
be furnished
will FBI.
' th
toAthe
INS
office which was provided the
1n1t131L1fOfm3t1O e by
copy
of '
the memorandumwill beforwardedlto
'
ENTION:
FBI
Headquarters for
Anti-Smuggling.
transmittal to the INSHeadquarters, ATT
"INS
When INS
theindicating
activity, receives
ainformation,
possible during
the
violation ofcourse
the of
ISS investigative
statutes, FBI
the
Office covering
the area
in which
the
allegedviolation occurred
will
be notified
in atimelyfashion. This
' '
initial contact will be
1 t'n s! set forth in an
followed withawritten summary the
of al
ega io dto the Special
INS memorandum. This memorandum
will beyfurnishe
Agent in
Charge the
of FBI wasprovided
Field Office which will be
the initial
forwarded to
information bytheINS.
A copy ofthe memorandum
National
thE8 Re ional
INs Office
and thereafter ththe INS
ATTENTION: Civil
-is
if
Headquarterstransmittal
for toFBI Headquarters;
92
I
sensitive
PRINTED: 02/18/98
-'-
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92
Sensitiv

Part I . IPAGE 50
I
Rights Unit,Criminal Investigative

Division.
92
"INTERAGENCY FEEDBACK
The C'v'l
1 1g Ri hts
Unit, FBIHeadquarters,
theadd
Anti-Smuggling
Unit,
INS National
Headquartersmaintain
will liaison
concerning matters
of
mutual interest
relating topolicy mattersjas set forthin this
memorandum.
Aportion'
of
'
this liaison will
'
involve the
dissemination
1' d and
of the final prosecutiveaction takenin eachcase deve
ope
investigated under
the termsof this memorandum.
92
12'8-82 /s/ William H.Webster
DATE WILLIAM H. WEBSTER
Director
Federal Bureauof Investigation
92
/s/ Alan C. Nelson

r*' 1215-82 ALAN C. NELSON
92_ DATE Immigration and

Commissioner
Naturalization Service"
EFFECTIVE: O2/19/85 92
50*? CHARACTER
-INVOLUNTARY
SERVIFUDE
SLAVERY
AND
EFFECTIVE: 02/19/85
i
<
92
92
<1.
4-
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1/
Manual
Part I ofInvestigative Operationsand Guidelines PAGE -51 1
SECTION 51. JUR PANELINVESTIGATIONS
51-1
POLICY .
Jury panel
investigations
92
qonducted
are a field
by office only
after FBIHQ
authorization. ~ I
! FBIHQ will authorizeinvestigation only
upon receiving
specific written
request from
appropriate
92
assistant
Attorney General.
! USAs are required to submit
their requests
for jurypanel
investigations directly
to the appropriateiAssistant Attorney
General
regardless of
time element
involved! and
'
t
to make
any followup
reques
s
or inquiries
by the
same procedure.
K
! In preparing the
report,ithe names
of theprospective'
frm. jurors should
be listed
in alphabetical
order and
the information
as
to
eachperson
set
suchforthaseparate
on pfgepages.
or
EFFECTIVE: U1/31/78
51-2 INVESTIGATIVE PROCEDURES

92
When ajury panel
investigation is authorized, specific
instruc ions t'
aqsto the nature
of the investigation are
forwarded the
to
field officeby FBIHQ.
Ordinarily, theselinvestigations
are restricted
to
certaining arrest
records of
the individuals
and checking
their
names
as
through
the fieldoffice indices.
Creditichecksnot
aretobethe made
t' b Fair
due to
restrictions placedon dissemination
of credit informa ion y
Cre d't
Re
p orting
Act.
No inquiries should
be made
concerning
person's
a
religious or
i
political beliefs,
' or his
' membership
' ' or in,
affiliation
'
' h uld with,
be
labor unionsor other
organizations. No neighborhood
inquiries so
made and no surveillances of any type should beconducted.
II
1
EFFECTIVE: 01/31/78
r
92.
.
u.
r
»
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Sensitive
PRINTED: 02/13/98
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Manual of Investigative Operations

"1 and Guidalines PAGE 51 -
Part I
513 CHARACTER
- JURY
PANEL 1NvEsTIcATi0N
qr-.=~_.,
V-.
-1
-92-
92
92
_'
Sensitivé
PRINTED: 02/18/93
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J.
Manual of Investigative Operations and Guidelines PAGE 52 4 1

Part I ~
92
SECTION 52.
GOVERNMENT
- THEFTL
PROPERTY
ROBBERY, EHBEZZLEMENT,
ILLEGAL
POSSESSION,
AL.;ET
GOVERNMENT
PROPERTY
-DESTRUCTION
OF, ET
AL.;
_INTERFERENCE
GOVERNMENT
WITH COMMUNICATIONSlSYSTEM
1
52-1
STATUTES
Title 18, USC, Sections
641, 1660, 2112,
and 2114.
EFFECTIVE: 08/23/91
521.l
Section 641. PublicMoney, Property
or
Records
iv].- EFFECTIVE: O3/28/91

fr-
"
521.2 Elements
!' Theft
1 a! That theproperty belonged

to the U. S. or any
department or agency thereof
b! That it was taken andcarried away
by the
subject 92
c! That the subjecttook andcarried awaythe
property with
the intention
of converting92it
to his/her
own use
or the
use of another I
I! Embezzlement
a! That the propertywas U.S. Government

property
. b! The official statuszof the subject
c! That the propertycame into
subject's possession
lawfully, together
with themannerwhikh
in he/she
received
it,
<§?'
his/her
official status
otherwise
or 1
including information
as
to whether itwas received
by virtueof
J1
Sensitive
PRINTED: 02/18/98
92».-ii-..:..|n.-1AL--.}¢|.Ab-I-92_u-d_-_'-|.".1,-4--_
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. 92 ........_-.._
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-=-
1
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Sensitive in
Manual Investigative
of Operations
and Guidelines PAGE 52 -
Part I 1
H d! That such
property was
fraudulently converted
or
appropriated
the
touse
of thesubject
EFFECTIVE: 08/28/91
52~l.3 Policy Section 6Q1!

! In handling complaints
t0 involving minor
thefts of
1
nt ro
erty where there
are no
known
aggravating or
unusua
circumstances, immediately
Governme p p
present facts
to'USA
aprosecutive
for
opinion. USA
If
investigation, will
not consider
advise Federalprosecution,
complainant,confirm
and conversations
to noconduct
USA
and complainant
in
writing. Hhere appropriate,
refer
matter to law
enforcementhaving
agencyjurisdiction
ovef violation
and
also
furnish
this information to USAand complainant. 92
! For administrative reporting
requirements and
rocedures governing
the loss
and/or~theft%of Government
property from-
FBI space,
P
refer toMADP,
Part II, Sectioni6-7.5.
l! Investigations Regarding
Criminal Allegations
Against Public Officials
a! It is
recognized
that during
the course
of an
investigation within
this classification
information
is
sometimes
developed alleging
thataFederal, stateorlocal
official is in
violation Federal
of law.
If thefocus of_theinvestigation continues
tb this substantive classification andorFederal crimes committed
bya
oe
person who merely
92
happens
official, "Corruption-Related
be
Matter,
"
to
Federal,
ashould
bead
state
or
local
ed dt 0 the
character of
the case,
and it will continue to bemanaged the under
Violent Crimesand MajorOffenders Program.If, however, thefocus
of
the investigationshifts tothe abuse of his/her
positiontrust of by
the Federal, stateor
local official
in_vioiation of Federal criminal
new "Corruptionof Federal
Public Officials" 8! or
"Corruption
law, a
State
ofand
Local Public Officials" 94! matter should
be opened
within theWhiteCollar
Crimes Program.
I b! |Deleted|
I c! |Deletedl
_ | d! |Deletedl
' 92
V
1
Sensitive
PRINTED: 02118/98
!_. .I._'_
L-.-.. 1....-_i.,_92....,;.u.-.-_-.---r_--_ __
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__,.'i"
l
92
<
Manual ofInvestigative Operations
Part I
e!|De1eted92
EFFECTIVE: 09/16/94 }
52-1.4 Section1024. -Purchase

or Receipt
of Military,Naval, or
Veteran's FacilitiesProperty ~
EFFECTIVE: 08/28/91
52-1.5 Elements _
! That the property

was furnished
by theU. S.to any
soldier or other person enumerated
in this section.
F
,m.. ! That*the subject purchased orreceivedsuchproperty
92a, in pledge
!
That thesubject had
knonledgereason
or to
believe
that:
Ca! The
property had
been furnished
by theU. S.
under
aclothing
allowance
asoldier
to or other
person enumerated
in
this section, or
b! That the property
had been
taken from
the
possession
the of
U.S.
]Pursuant
Tit1e92l8,
to Section
USC, the
21,
elementguilty
of knowledge
may also
be established
by proof
that the
defendant believed
that the
property had
beentaken
from the
possession
theofU.S.,
'
after oras»a result
of anofficialPart II,
MIOG
representationtoas
thenature of
the property
see ,
1 1.12!.} p
i .
EFFECTIVE: 10/23/95
-71, 92
Q-
. 92
-1:
air 92
Sensitive
I PRINTED: 02/18/93
..'r~.'..--. ..--'-
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L»-Lini.1'..'-
Sensitive
Manual of
and Guidelines PAGE 52 -
Part I
52-1.6 Section 1660 Receipt

of PirateProperty
"Whoever
9
without
lawful authority,
receives takes
or into
custody vessel,
any goods
or other
property feloniously
taken any
by
robber pirate
or against
the laws
of theUnited States,
knowing the
samehave
to beenfeloniously taken,
shall be
imprisonedmore
not than
ten years."
EFFECTIVE: 08/28/91
52-1.7 Section 2112 Robbery Personal Property

of United
States!
EFFECTIVE: 08/28/91
52-1.8 Elements
! Personal property ofGovernment
! In the lawful custody of some person
! Taken by the5Ub]BCt from
the person
or prese
such person
EFFECTIVE: O8/28/91
521.9 ' 1 M one yor Other Property of

Section 2114 Robbery Mai
United States!
EFFECTIVE: 11/20/90
Sensitive
PRINTED 02/18/98
..'...--._'.-hi,-.>.-._'....=:...;;.@:.....$L..s.;;.....L1-s._..~;_.,;....._...=;.;.;..;.-...;;:-._;.:_
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J
92
'.-E.
Sensitive
1».
L!
' <
0 t'ons
Manual of Investigative pera 1 and Guidelines
PAGE 52
Part
I
52-1.10 Elements L
! That property of t he U.S.lwas lawfully

in the
custody of some person
! That the subject either:

a! Robbed
such person
ofithis property,
or
b! Assaultedsuchperson
with intent to
rob92him/her|of thisproperty
EFFECTIVE: 11/Z0/90
52-1.11
Penalties
! Section 641. Property
over
$100 in value, maximum of
r¢f
$10,000 orten years, or both
92;-
Property $100 value; maximum of
orlessin $1,000 or
one
year, or both.
of$ 500 0rim prisoned not
! Section 1024. Maximum more
than two years, or

both.
of not morethan ten

! Section 1660. Maximum years.
of not more
! Section 2112. Maximum than 15 years.
!. ' Section
2114 u .
S. Mail!
1 first offense, maximum
of ten y
ears.
If puts life inljeopardy, or f rsecond
wounds,
or 0
offense, maximumof 25 years.
EFFECTIVE: 11/20/90
52-1.12 Venue
Venue in all
theft or
robbery of Government
property cases
are ordinarily
in thedistrictwhere
the crime
was perpetrated.
cs
Sensitive
PRINTED: 02/18/98 .
._- '.Z2,-_"92'=.!... __...¢s-..._1.H92-._.....-.........-.
un>-a-.-_'.¢¢r..-~ann-- ans. .;_-_
H-_.'._.-.;;K
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-inap.-._<---l_'.ed-.§L|,@ _h_
._ .l _51....-J,f,l,;.'.
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i 0
Sensitive
,.
_i-»
. L
Manual of
and Guidelines
PAGE 52 6
Part I
I 92
EFFECTIVE: ll/20/90
52-1.13 _Investigative Procedure 92

To show
that thepropertyin
question is that of the
United
ba92L1E.
and/or
BI
entered into
NCIC. The
quantity and
value of
the property
should be
rr learned. ./
iv
EFFECTIVE: 11/20/90
l
52-1.14 Miscellaneous 92 .
For food
stamp ar econsidered under
the
thefts that Theft
of-Government Property
violation, see Inte rstate Transportation of
|StolenProperty, Section
87-4.7.1, of
this manual.
4
<
52-1.15 Theftof Government

Property Qutside
the United
States
The FBIexercises primary
investigative jurisdictionover
all violationsof Section
641 occurring
outside the
United States.
Violations participated
in byAmerican nationals
who areoutside of
the jurisdiction
of military
authorities nust
either be
disposedbyof
local authorities
in
the country which
in the
offense occurred or
by
the FBI.
Since the
foreign power
may havelittle or no interest in
"thefts of U.S.
property, the
majority of
these violationswould be
$3 handled
by theFBI and
-';.='
prosecutedU.S.<District
in 92 Court. Thefts b
y
.:-
Sensitive
PRINTED: O2/l8/98
-.4-.
Q:|U92AI
....'_.:r',_.._..'.92;.-.
..:... ._. .,,...;_...'.-.-,s..-..,.i_s-_..-,_..
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___ V _ A
>
1 Sensitive
..-I
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Manual
of
and-s PAGE 52 -
Part I
military personnel
abroadusually
is prosecuted
by military
authorities
unless
the military offender
isfreturnedthe
to
jurisdictionthe
of U.S.
District Court
andiinvestigation can
economically behandled bythe FBI.
EFFECTIVE: 11/20/90
52-1.16 Tracingof Firearms

StampedProperty"
U.S. H
FBI Agents
are frequently
furnished information
concerning
private individuals
who are
alleged have
to their
in possession
firearms stamped
"U.S. Property."
Noactive
investigation or
circularization
of
military establishmentsiis warranted
in these
instances the
in absence
of additional
facts. In such cases,
a
description
theofweapon
shouldsearched
be through
NCIC,ff'
ifand
no
Irecord
is
locatedalettershouldprepared
be thefor
local
o icesof
the Air
Force, Army,
and Navy
intel1igence_setting
the information
out
are which has been=obtained,
--'_.-_
EFFECTIVE: 11/20/90
52-1.17 Character 1
The character
of
such cases depends
on
the exact naturegof
the offense;
that is,whetherrelated
it atotheft,embezzlement,
robbery, illegal
possession,destruction
or of Governmentproperty.
For
example,in a theft
case the character
could Theft
be of
Government and Property
in
a robbery,
Robbery
of
Government
Property,
etc.
EFFECTIVE: 11/20/90
52-2 STATUTES
Title 18,USC, Sections
1361,
1855, 1856, 2071.
EFFECTIVE: 01/31/78
Tr»,
r
u-
1
Sensitive
PRINTED: 02/18/98
._.-¢¢--._-_,_._..i--
J5
.....-.....
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Sensitive
_| 1
Manual of
and Guide
lines _
PAGE 52 '
Part I
522.l Section Propertyr 0

1361. Government Contracts
EFFECTIVE: O1/31/73
522.2 Elements
8! That thepropertywas
U. S. property
! That the subject
withoutlawful
right injured0r dama ged
such property
! That such injury
or depredation committed
was willfully
EFFECTIVE: 01/31/78
<; 522.3 Section 1855.Timber Set

Afire
--_'.
EFFECTIVE: 01/31/78
522.4 Elements
! That timber, underbrush,
grass, orothe
r inflammable
material upon the

pu b1'
ic domain
was set on fire
horit set th
! That
the subject
willfully
and without aut y
fire
EFFECTIVE: 01/31/78
52-2.5 Section 1856. Fires Left Unattended and

Unextinguished
EFFECTIVE: O1/31/78
Sensitive
PRINTED: 02/18/98
._H.._..l...-Q1....;..:..._..:_i.:.l_Q.:;Lj;E;iii:.*§;;;;r-i;..?-_J.:L'..-:;._..E;=.i_;.r.i;;.re..;-.-;_;.
.. ...
- >.-A...
if Sensitive
Manual of
and Guidelines PAGE
52 9
Part I
52-2.6 Elements
! Set afire upon thepublic domainnear

any inflammable
material and leavewithout extinguishing it
! Permits it to spread beyond
his control
! Allows i tto burn
unattended
EFFECTIVE: 01/31/78
or
Mutilation
52-2.7 Section 2071. Concealment, Removal,
Generally
EFFECTIVE: 01/31/78
was
52-2.8 Elements
"H;
! That the record,
book,
paper
or
document
was on
file or
deposit with
a! Any court
of the U. S., or
b! In any public office, or
public officer of the

c! With any judicialor U. S.
d mutilated, obliterated or
! That it was concealed, remove,
destroyed by the subject
! That such concealment, l e
remova twas
,c., willfully done
without lawful right
EFFECTIVE: 01/31/78
Sensitive
PRINTED: 02/18/98
.. -...._92.-..._
.-_..-1....-"it
.- Lu 6-&r:n';,-.:I.i.ir'.;.-'92-..._.
a-.¢;...-.--.
_____
._ 1__92|'.4
=1.as
.-.1'.!4v_:_u'_v-
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;LL.-:L;._>.-3_.=_;.;...;¢.'...i:.;_,1,._-...._._i
ii ,-
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.;_;.
,4?
Manual of
Part I
52*2.9 Penalties
! Section 1361. Damage
to property
over $100
in value,
maximum $10,000
of orten years,or both.
Property
$100
or less invalue, maximum
of $1,000
or one
year, or
both.
! Section 1855. Maximum
of $5,000
or imprisonedmore
not
than five years, or both
! Section1856. Maximum
of $500
or imprisoned
not more
than
six months, or both.
Q! Section
2071. 2 ,or
Maximum Sof 000
'm 1p risoned not more
than three
years, or
both; and
shall forfeithis office
and be
disqualified from
holding office
'
'
under
the United aes.
'
St t
,e "'~.EFFECTIVE:-01/31/78"
52*2.10 Policy -
In general,
the FBI
will investigate
forest fires
in
the more
aggravated
cases
orthose cases
which are incendiary
in origin,or w
ere . . . . . .h
numerous have
fires occurred
that aremaliciousnature,
in upon
the
condition
that the complaint
isimmediately
reported
to the FBI. It is
notdesired
that
' ' investigation
'
'
' conducted'in
be
'
more inconsequential
cases
aggravated in
scope but
that activitiesbe confined
to thelarger,
types.
EFFECTIVE: 01[31/78
52-2.11 Character
- Destruction
of Government
Property
EFFECTIVE: 01/31/78
Sensitive
PRINTED: 02/18/98
i'_-..~.<.-.;1.1,-..-....92.h.-_92.i'i..__92..._.....s;i..i.i.i:..-J=.is-;.i;.;.i.;;i.i;.1.;,i;l..;.;__.1.
I ..92921.
1...... . -.. _
-ii...-. -1: .~....._..i,._»_.-;..........._
.;'. dSensitive
Manualof
Guidelines PAGE 52 ll
Part I
52-3 STATUTE
EFFECTIVE: 01/31/78
52-3.1 Section1362. Interference

With Government
Communications
"Hh vr willfully or maliciously
oe e
injures ordestroys any
of the
works, property,
or material
of any
radio, telegraph,
telephonecable,
or
line,
station, or system,
or other
means
of
communication,
operated or
controlled the
by United
States, or
used or
intendedbe
to used
for
military or
civil defense
functions
of
the United States,
whether
constructedin or
interferesany
in process
' of
construction,
' or willfully
fsuch orline
maliciously
way with the working or use oany , orsystem,
or willfully
or maliciously
obstructs, hinders,
or delays
the transmission
of
any communicationsany over
such
line,
or system, shallbe fined
not
,4"-e .. more
than $10,000imprisoned
or not'more
than ten
years, or
both."
H,-
EFFECTIVE: 01/31/78
52-3.2 Miscellaneous
"In the
case of
any works, property,
or material,
notto any
operated
or controlled
by theUnited States,
this sectionshall
no t1
app
y
lawful strike
activity, or
other lawful
concerted activities
for the
purposes
of
collective
bargaining
' '
destroy
any
otheror
line or system
mutual
aid
used or
and
protection
intended be
which
to used ' H
for the
do not
military orcivil defense
injure or
functions of
the United
States.
EFFECTIVE: 01/31/78
523.3 Character
- Interference
With Government
Communications
System
'-.
Sensitive
PRINTED: 02/18/98
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Manual
of InvestigativeOperations
andGuidelines PAGE 52
-
Part
I ,
EFFECTIVE: 01/31/78
,;1.""~=.
.
55-
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PRINTED: 02/18/98
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_ I
Manual of
Part
I
SECTION 5h.CUSTOMS AND
LAWSSMUGGLING
54-1 CUSTOMS LAWS AND

SMUGGLING
I The U. S.Customs Service
administerspowers
the duties
and
vestedthe
in Secretary
of theTreasury pertaining
to theimportation and
entry
of merchandise andinto
the
exportationmerchandise
of the from
U.
5., and
the regulation
functionthe
ofU.S. of certain
Customs marine
Servicethe activities.
The
is assessment principal
and collection
of
import duties
and,
Complaintson incident
to
received
such this,
mattersthe prevention
field of
by officessmuggling.
shouldreferred
be to
the nearest
district office
of theU.S.
CustomsService. Those
received
at FBIHQ
are referred
to theCommissioner Customs,
of Washington,
D.C.
r-""'?'..
.»
' EFFECTIVE: O1/31/78
92
1;.
92
.1
'
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PRINTED: 02/18/98
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1 of Investigative Operationsand Guidelines

Manua
PartI "PAGE 55 -
. |
SECTION 55. COUNTERFEITING
55-1 COUNTERFEITING
TheU.
S. Secret Service,which is part of the Treasury
Department,empowered
is suppress
to counterfeiting
the U.S.coins,
of
notes, and
other
' '
obligations
and securities
of theGovernment.
orted to FBIHQ arereferred to the Director,
Violations
of this
nature which are rep ' Washington D C.
.
U. S. Secret Service, Department ofthe Treasury, ,.
Informa io
t'
nof a similarnature received
by fieldoffices should
be
reported the
to nearest
office oftheU.
S. Secret Service.
0.
,:-Q-;.,
EFFECTIVE: 01/31/78
Sensitive
, PRINTED: 02/18/98
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Manual of
Part I p
SECTION 56. ELECTION LAWS
56"1 BACKGROUND
Primary responsibility
for conducting elections generalin
rests with
the states.
Federal laws
selectively
' ' seek
to'
protect
significant Federal interests andensure thatthe dictates
fthe
0
Constitution
concerning Federal not
are willfully
abridged.r
election violations
law Investigative
shared
is jurisdiction
between
the FBI
and Federal El
t'on
ec
i Commission The
FEC! 1971 Federal Election
Campaign FECA! with .
Act subsequent amendments
of 1974, 1976, and
1979, has transferred theto FEC
numerousmatters that were e I th
primary investigative responsibility theIFBI.

of These
include
statutes dealing with reporting
and campaignfinance violations
including contributions to, andexpenditures Federal
of, political
candidates.FEC The has
the powerto
initiate civil injunctive
proceedings violators
against
investigative jurisdiction.
statutes
of the
Should FEC
which
for ithas
determine
primary
thereis-
L.
probable to cause
believe
that knowing
a willful
and violation of the
I.
FECAbeen has committed,it mayrefer the matterthe to Departmentof
Justice DOJ! for criminal
prosecution.inOnly the
circumstances of
aggravating factors, or inthe presenceof knowing and willful
tt forth below,does
the DOJ address possible criminal
prosecution administrative
misconduc as
enforcement remedies
se I
of the FEC.
EFFECTIVE:
01/18/91
56-2 DEFINITIONS
The
following general definitions
are '
applicable
1
'
' to
risdiction
Fe deralelectionlawsto
initially determine crimina
if ]U
may exist.
More specific
or qualifying
definitions
within
agiven
statute mayoverridethese
definitions. -
EFFECTIVE:
01/15/91
Sensitive
PRINTED: 02/18/98
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.3-7
Manual of Investigative pera0 t'ons

i and Guidelines
Part I _ PAGE 56
56-2.1 Election
Any ballot
procedurewhich
in candidates
for elective
office are
voted upon
which includes
a general,
special, primary
or
run off contest. I
EFFECTIVE: 01/18/91
56*2.2
Supportive Candidate
taking An individual
theactions whoseeks
nomination or electionto office.
by
individuals to
meet thisdefinition include
action
nomination necessary under the
law of-astate
to qualify for
for electionand/or thereceipt orexpenditure to bring
about
41!-1"r_92_:._
thisdesired result.
~41-__ml
EFFECTIVE: 01/18/91
562.3 Contribution or Expenditure

The receipt
or disbursement
of anything
of valuefor the
purpose of
influencing an
election.
EFFECTIVE:01/18/91
56-3
SUMMARY
CRIMINAL
OF STATUTES
FOR WHICH
THE FBI
HAS PRIMARY
INVESTIGATIVE JURISDICTION j
EFFECTIVE: 01/18/91
.'
t -1
1.1.:
..a.._92.i.. 0Qn-92;..4-----
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Manual of
Investigative_0perations Guidelines
and ' PAGE 56
Part I
56'3.l
Title
18, USC, Section
241Conspiracy Against
Rights of
Citizens ,
! Makesit unlawfulfor twoor

morepersonsconspire
to
to
injure, oppress, threaten
or intimidate
any|inhabitant
anyof
State, Territory
92 or District|in
the exercise'of
aright or
privilege
d tohim/her by
the Constitution
or lawsof theUnited States.
Election
secure
law
violations
under
the statute are
felonies punishable
by
fines up
to $10,000
and/or imprisonment
up toten years,
' '
or
or En
ay
term of years or El'fe
or 1 ,_ if death
results. This statutemust affect
a Federal
election some
in manner;
however,racial
if discrimination
exists, refer to civil
rights.
! Possibleviolationscover
conspiracies by
election
officialsto
stuff ballot boxes,conspiracies. prevent
to 1 11 official
the
ballots. .inprimary elections,
count of .. .
conspiracies il to
ega y
register voters
and/or
' '
'
cast
absentee ballots
in theirnames,in the
''date
t'avoter
and
conspiracies
to
IHJUIE, oppress, threaten
or in imi
exercise of his or her
right to
vote. _
K;
EFFECTIVE: 01/18/91
I56-3.2 Title
l8, USC, Section
242
rDeprivation
of Rights
Under
Color of Law
Makes unlawful
it foranyoneqacting under
color
of law,
statute, ordinance,
regulation custom
or willfully
to deprive
a person
of any
rights, privileges
or
immunities
secured
or protectedthe
by
Constitutionlaws
or the
of United
States. .Prosecutions
under Section
242 neednot demonstrate
the existence
of aconspiracy;
however, the
defendantsmust
have acted illegally
under color
of law. Election
law
violations under
the statute
are misdemeanors
punishablefines
by up
t$1,000and/or imprisonment
upto
one year,or for any term
of years
or forlife,
O
if death results.
This is
the substantive
statute of
92
Title 18, usc,
Section 241.]
EFFECTIVE: 01/as/32
_' -1-::'/'
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PRINTED: 02/is/98
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PAGE 56
Part I
l56*3.3 Title 18, USC,

Section 245
Federally Protected
Activities
pProhibits interference by violence or threat of violence

with exercising the right to vote or run for office or otherwise in
any election,Federal,state
or local. If racially motivated,handle
as civil rights matterunder the44 c1assification.|
EFFECTIVE: 01/08/82
Il
56-3.4 Title 18, USC,Section 592 Troops at Polls
Makes
it unlawful to place troops or armed men at
the
polls in ageneralor specialelection except
when necessary
"to repel
armed enemies
of the United States." This statute is
not applicable
to primaries. It has been interpreted
by theDepartment prohibit
to
Agents ofthe FBIfrom
conducting investigations inside
the pollson
_election day. It is_a felonystatute andviolations arepunishable by
If afine up to$5,000 and/or up tofive years1H pr1son.|
Q-c -.5-
EFFECTIVE: 01/08/82
||563.5 _Title 18, USC,

Section 593
-Interferenceby Armed
Forces
"Makes it unlawful for members of the armed
forces to
interfere with election processes. The statute is a felony statute
and violationsare punishable
by afine of up to'$5,000 up
and/or
to
five years in prison.|
EFFECTIVE: O1/D3/32
|l56-3;6 Title 18, USC,

Section 594
Intimidationof Voters
Prohibits the
intimidatiob coercion
or voters
of forthe
purpose of
interfering withthe right to votefor acandidatefor
Federal office. The statute is not applicable to primaries. It is a
misdemeanor statute
and violations are punishableby afine of up to
$1,000 and/or
up to one yearin prison.|
r@.
.'{;
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PRINTED: 02/18/98
-.. -_..¢.-;{...|.j:k:-.4.;,-.i..s.-.1.--...:.-M
i._ .l-_._..,_..___ _
.».._;;.=;.:..-.i..._~,_+..92.,._-.............».;;.3-.5;-.........¢.4.......;.-..=.¢_s.:.......-.c.=..¢-....__-i........_,1_.,...i...
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and Guidelines
Part
I PAGE 56
I
EFFECTIVE: 01/08/82
Title 18, USC, Section595 Interference by

I 56-3.? A
Administrative Employees
of Federal,State, orTerritorial
Government
Prohibits anypublic officer or employee

within the
Federal, state,
or localGovernment
connection
in with
an activity
financed whollyor partiallyby theUnited Statesfrom usinghis or
her official authorityto
interfere with oraffect thenomination or
election ofa candidate for Federal
office. This statute isaimedat
the misuse
of official authority and
does not
prohibit normal
campaign
activities '
b y Fderal
e, state
or local employees
_ that
are consistent
with the_Hatch
Act restrictions
on politicalactivities. Thestatute
ressl exemptsemployees of
any educational
institution or agency.
It is amisdemeanor
exp y
statute,and
violations are punishable
byfines
of
92
up to$1,000 and/or
up toone yearinprison.l
rr::.' -_
92-.., EFFECTIVE: 01/08/82
[56-3.8 Title 18, USC,

Section 596
-PollingArmed Forces
Prohibits any
person from
polling anymember the
of armed
forces with
reference his
to orher choiceof, orvote for,political
candidates. "Polling"
is defined
to include
questioning»which implies
that ananswer is
compulsory. It
is amisdemeanor
statute and
violations are
punishable fines
by ofup to$1,000 and/or
up toone
year in
prison.|
EFFECTIVE: 01/08/32
E1
3? ' 1
Sensitive
PRINTED: 02/18/93
...-..--,-_.-...L. u...,..
. ...._-.__-_.
... .. . ..... __::....=».~___:~.lu-s-_..§........._
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.
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Sensitive
p-..
Manual
andGuidelines
Part
I _ PAGE
56
56-3.9 Title 13,USC,Section
597 Expenditures
to Influence
Voting _
Prohibitsmakingor offering to makean expenditure

to any
person
tovoteorwithhold
hisorhervote,ortovotefor
or against
anycandidate
forFederal
office,andsoliciting,
accepting
or
receiving
anysuchpayment.It applies
tovote
buys directedat all
stages
of thenomination
andelectionprocess.Thevehicle
used to
buythevotemay beanything
ofvalue.Violations
aremisdemeanors
punishable
by fines
of upto
$1,000and/or imprisonment
up to one
year,except
astowillfulviolations
''
d
which
arefelonies
punishable
th's
by
finesupto
$10,000 andimprisonment
up to two
years. Uner 1
t tute it must
s a,
be shown thattheFederal
electionwasimpacted.
See
Title 42, USC,
Section
1973ibelow
c! concerning
vote
buying for
state or-local candidates.
EFFECTIVE: 01/O8/82
r{7"'T,_
|56-3.10Title18,USC,
Section
598
- Coercion
byMeans
of Relief
*1.--
15 Appropriations
-
Prohibitsthe use
of fundsappropriated
by Congress
for
relief
or public-work
projects
to interfere'with,
restrain
or coerce
anypersonin theexercise
ofhisorherrighttovoteat any
election.Violations
aremisdemeanors
punishable
by fines
up to
$1,000
and/or
imprisonment
for uptooneyear.| l
EFFECTIVE:
01/08/82 i
l56*3.11Title18,
USC,Section
599 * Promise
ofAppointment
by
Candidate
-
I frohibits
a candidate
for Federal
office
from promising
appointments
toanypublic
orprivate
position
or employment
in return
forsupport
of his
or hercandidacy.
It is'a
misdemeanor
statute,
and
violations
arepunishable
byfinesof upto
$1,000 and/or
imprisonment
for
up to one
year except thatwillfulviolationsarefelonies
* punishable
by finesofupto
$10,000andimprisonment
forupto
two
years.Thisstatute
92
.
haspotential
utility in situations
where one
ff .
candidate
attempts
to secure
thewithdrawal
of anopponent
by 0 ering
1--._
- _:{E'.
himor her a private
job.|
, ,*.
vww
Sensitive!
PRINTED: 02/13/98
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RI
0!,.
Manual ofInvestigative Operationsand Guidelines PAGE 56

92 Part I
EFFECTIVE: 01/08/82
56-3.12 Title 18, USC,

Section 600
- Promiseof Employment
or
Other Benefit for Political Activity
! Section 600 makes
it unlawfulfor anyone
to promise
em lo ent or benefit derived from anAct of Congress as
consideration,
3Y P Ym N
favor,
or. .reward
for past
or futurepolitical
._ t.
activity,
or for support oropposition toany candidate
or anypar y in any
1 t'Violations are
misdemeanors punishable
by fines
up to
$10,000
eecion.
and[or
imprisonment
to one
upyear.
See also Title18, USC,
Section 599
and Title18, USC,
Section 595;!
! Section 600 applies to the interjection of political
considerations into the award of any Federal.benefit or employment.
grants'or benefits
as well as to
It applies to federally funded jobs, where Federal benefits are held
Federal jobs. It reaches situations
sm- out to induce
future political activity, as well as those instances
where Federal benefits are
used as patronagerewards for past
M... political fidelity.
! This statute has
been interpreted
by theDOJ to
not
inclu de the inter'ection
3 political
of considerations
_ in1 thehiring of
highlevel
Government personnel
'
'
perform
'
"
who "policy"making
'
tted
functions
for electedpublic officials. This statutelhas
also been
in erpre
by the Department nottointendto criminalizethe interJectionof
political considerationsin theterminationpublic
of employees who
perform "policy
making"elected
'
'
for officials
with respect to which
' ncessary aspect of competent
a
degree
of political loyalty is a e
performance.
EFFECTIVE: 01/08/82
V-<.-»._
'.'_:'
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PRINTED: 02/18/98
;.__..-=..'.;.;_;.i2;r;x;.h;.-.:;;:..L'.:;1;-:3r£.: l-:.L£§§a'£¢iJihi;i,'I§jJ_1§L'-:;|':~Z_a'
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,1
Manualof
Guidelines PAGE 56 r
Part I
56-3.13 Title 13, USC,

Section 601
- Deprivation
of
Employment
or
Other Benefit for Political Contribution "
! Section 601 makes
it unlawful for
any person
knowinglycause to or
attempt to
cause anyother
person to make a
contribution on behalfof
any candidateor
political party
by
deprivi '
'n
or threatening
to deprive
employmentor
benefits made
possible g
anbyAct
of
Congress. The statuteappliescandidates
to and
litical arties at
the Federal state
or local level, andthe term
"contribution" includes
P° P
anythingvalue,
of»
including
services. Itis
'
amisdemeanor
statute and
violations are
punishable fines
by upt 0
$10,000
and/or
imprisonment upto
one year. '
! Like Section 600,
Section 601
reaches
all
employment
and benefits_that
are. .funded
by theCongress. The
statute isnot
1
restricted toFederal ]Ob5,
although threats
to terminateFedera
employment
specifically
are covered
in
suchsituations. Section
601
offenses
are
lesser included crimes
within Title
18, USC,
Section 606,
where the
threatened employee
is a Federalcivil
servant.
gr!-"_?92 -
e. EFFECTIVE: 01/08/82
[56-3.14 Title
13, usc,
Section Solicitation
602 of
Political
Contributions .
This statute prohibits Senators,Representatives,

-candidatesCongress,
for officers
and employees-of
the UnitedStates,
and persons receiving compensation
'
'
for services
id 'ved
from money eri
from the U.S.
Treasury, 'fromThe
knowingly
soliciting any
contribution
statute applies
from
any other suchofficer, employee or
person.
t ri'b
u t'onsfor
themadepurposeof
influencingFederal elections
only Violations
to con
are felonies
i
punishable
fines
upby to $5,000
and/or
bim risonment for
up tothree
years. The Department hastaen
k
a
consistent and
YP
public positionthat thisstatute does not reach
voluntary political
interaction between
Federal emp oyees. ,
l However
'teach
ioes r
d any
situation where
factors are
present ain
political
transaction
which
indicate ..
that
the contribution being
. 1
solicited was
less than
voluntary, and
that thesolicited employee
was
conscious y
pplaced
inaposition
where
he orshe felt obliged
to give.|
EFFECTIVE: 01/08/82
1
-L
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PRINTED: 02/18/98
...i.-1.1.4..;.¢J.;';1ss..1L-..;../.-,;L.L..Ii_;;..,1LLJ.7i¢{.§.l.i!'.;S-1.
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. __/
0
Part I
56~3.15 Title 18, USC,

Section 603
- Making
Political
Contributions
This statute
prohibitsany
Federal officer oremployee, or
person receiving
compensation
services
for money
from derived
from the
U.S. Treasury acontribution for the purposeof
from making
'
E1 ncing aFederalelection toany other
such
officer, employee, or
person,to
in ue
or any SenatorRepresentative
or ' in
the" Congress,theif
person receiving
' the contribution
'
' is
his or heremp oyer
' '
' 0 p
lr em loying
authority.e
'Th
" statute covers contributions
for Federalelections
only and
treats contributions
to authorized
committees
tantamount
as
to contributions
to theindividual who
authorized committee.
the It
is afelonystatute and
violations are
punishablefines
by up
to
$5,000 and/or
imprisonment to three
up years.[
EFFECTIVE: 01/08/82
[56-3:16Title
!""':._"-"f_»_
18, USG, Section
604
-Solicitation
From Persons
on
Relief -
92u;Y
i Prohibits any person
from soliciting
or receiving
contributionsany for political
purpose from
anyperson known
to nefitsbe
entitled toor receiving
'
'
'compensation, employment
or 0er
th b e
made possible
by Act of Congress appropriating funds
for relief
urposes is
It amisdemeanor
statute and
violations punishable
are
byfines
P
of up to
$1,000
and orup
-
to one year's
imprisonment.l _
EFFECTIVE: 01/08/82
[56-3.17 Title18, USC,

Section -605
Disclosure
of Names
of
_Persons On Relief
Prohibits thefurnishing, disclosure,
or receipt
' na
forerof any
olitical
P.
purpose,to acandidate, committee, or
campaign ma
g,
'
tf rsons receiving
compensation, employment
or benefits
made
any lis
possible
o pe
by Act
of Congress
appropriating for
funds
relief
purposes.isItamisdemeanor
statute 3Hd,l5
punishable
fines
by up
to $1,000
and/or imprisonment
up
to one year.
Sensitive
PRINTED: 02/18/98
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EFFECTIVE: 01/08/82
Y1
56*3.l8 Title 18,USC,
Section 606 -Intimidation Secure
to
Political Contributions
Makes unlawful
it for
aSenator,Representative, Federal
I officer or employee
to discharge,
promote,
or
reduce the ran
k
or
compensation any ofother
Federal officer
'
'
or't'
employee for
ur ose.
1
making
It is
ora
y failingto
makeany contribution for anypoli ica p p
f I statute and violations are punishable finesby up to $5,000
and/or'
imprisonment
eony
'
for up to three years. The
Department taken
has
the positionthat
this statute, ' '
likeSection dtoes no
601, app 1toy
the terminationof policy making politicalappointees.l
EFFECTIVE: 01/08/82
i792|5e3.19 Title
sf-"'5*,,
18, usc,
Section- 601
Place
of Solicitation 92
Se ction
607 makes unlawful
it for
anyone solicit
to or
receivepolitical
a .contribution
in any room
. . building
or .t where
1Federal
lo
emp y ees
are engaged
in the_pconduct official
of duties. I aso
forbids political
solicitations Federal
' '
on
fE'
military
reservations. Its
purpose tois protectthe
integrity of Federal o ice space from
politicalization,
and
to protect Federal the force
work from being
"subjected
to political demandsthey whileare
on duty. Unlike
' rial. Section
602, the
employment
status
of the solicitor,isimmate
EFFECTIVE: 01/08/82
I56-3.20 Title
42, USC,
Section 11973
8! False
Information
in
I Registering or Voting
IThis statute makes
it unlawfulin anelection in
which a
Federal candidateis on the ballot:
! to knowingly and
willfully givefalse information
as
to
name,address,period
or residence
of a to
voterregistrar for
the
n _purpose
of establishing
one's eligibility
to vote,
??Ei !~,92..,
.__:
.2-I
'.
to conspire
with anotherfperson
to falsely
register E .
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'
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Manual
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Operations
andGuidelines PAGE 56
Part I
or illegally
vote; or
! to pay, offer to pay,

or acceptpayment
for
registeringto
vote or voting.
Violations
are felonies punishable by
a fine
up
It is sufficient
to
$10,000 and/or
under this statute
imprisonment
up to five years.
that a Federal candidate was on the ballot at the time the illegal
It is not necessaryto
show that the
conduct in question took place.
Federal contest was impacted as is the case with Title 18, USC,
Sections241, 242, and597.1
EFFECTIVE: 01/08/82
[56r3.21Title42,USC,
Section
1973
i e!- Voting
More
than
Once
Thisstatute
makes it unlawful
to votemore
than once
in
4!-E connec t'
:_'.-. ion with
anygeneral,special,
or primary
, electionin which a
Federal candidate
is ontheballot. Violations are felonies
punishable
byfinesupto
$10,000and/or
underimprisonment
up
o 1
' ' t 'f've
'.
_,.;.,
years.
It isnotnecessary
toprove Section
1973
i e!thatthe
multiple
voteinquestionbeproven
tohave'actual1y
affected a
Federal contest.l
.
EFFECTIVE:01/08/82
[56-3.22 Title1a,usc,Section
1341
- Mail
Fraud
Through
theMail
Fraud Statute,
Federal
jurisdiction
may
beobtained
over
anyactivity
which improperly
corrupts
theelectoral
rocess,
aslongasthemailscan
be shown
to have
been
used
to
P is most frequently the case in matters
further this objective. This
involving
misuse
or tampering
withabsentee
ballots
since
thecasting
ofabsentee
ballots
normally
involves
thetransmission
of materials
through
themails.It isnotnecessary
thatFederal
candidates
have
been
ontheballotduring
theelection-at
issue
inorder
for
Federal
jurisdictioh
to beobtained
through
this theory.
f th U.S.mails. Violations
of
Federal
jurisdiction
theMailFraud
rests on the use 0 e
Statute arefeloniespunishable
by fines
up to$1,000and
imprisonment
I for
up to five years.|
Sensitive
PRINTED!
02/1?/98
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Manual ofInvestigative Operationsand Guidelines PAGE 56 - 12
Part I -
EFFECTIVE:
01/08/82
VIOLATIONS WHICH
ARE PRIHARILY
INVESTIGATED
THEBY
FEDERAL
[56-4 ELECTION COMMISSION
BUT WHICH
MAY BE
INVESTIGATED
THE
BY
1 FBI UPON REQUESTOF THE DOJ j_
The
Federal ElectionCampaign Act
FECA! and
Amendments of
1 1974, 1976, and 1979, toa large
measure superseded
FBI
investigative
jurisdiction in favor
of the noncriminal remedies ofthe FEC.
The
FECA
contains financing
' ' '
'
andreporting statutes for Federal candidates
and political committees.Itis Department 1' icy thatcriminal
po
prosecu io
t'
nof these matters will onlybe entertained when violations
are committed with aggravated intent'
and which
'
'
involve substantial
' 'th the FEC
and
amounts ofmoney. TheDepartment maintains liaison wi
determines i f FBI
92 should investigate see 56711 of this manua1!.|
'
EFFECTIVE:
01/08/82
iv-j'.' A
- _..
1|56-4.1 Campaign Financing Statutes
EFFECTIVE:
01/08/82
.|s6-4.1.1 Title
2,-usc, " '
Section 4413 Liqi't
310D t'
son Contributions
and
Expenditures
1! This statute contains two separate sets of

contribution limits.
Contributions from individuals maynot exceed:
:
a! $1,000 to acandidate per election,
b! $20,000 to anational party
committee per year,
p or
I c! $5,000 to any other political committee per year

Section 44la a! !!.
1! Contributions from "multicandidate political
six months with FEC
that have
committees" i.e., those registered personsand thatsupport at least
.. ..1.
c:',;_
received contributions from over 50
:3 five candidates! may not exceed:
,
uw
Sensitive_
PRINTED: 02/18/98
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1
I Sensitive
Manual
andGuidelines
PartI' PAGE
56
" 13
$5,000
a! to a candidateper election,
b! $15,000
to a national
party committee
peryear,
or
c! $5,000 to anyother political committee

per year
Section4la
!!. a!
Inaii, dd't'on
individuals
arealsosubject
to anover-all
annual
aggregate
contribution
limitation
of $25,000
Section
44la
!!. a!
! The
above contributionlimitsdonotapplyto the
transfer
of fundsbetween
national,
state, andlocalparty
. . committees.
. .1
The 1'
t
imi s 'also
do notapplyto
transfers
_ between
_ affiliatedpolitica
committees i.e., thoseoperated
bythesame person, corporation or
union!;however,
all affiliated committees
share
a e' 1 contribution
sing
limitwith
respect to contributions
theymake to candidates andother
committees Section h41a
!!. a! A separate provision permits
the
Repu blican
andtheDemocraticSenatorialCampaignCommittee, aswell
asthenational partycommittees,
to contributeupto a combined
maximum
of for the Senated'
$17,500to anycandidate uringthe year in
which he
or sheis standingforelectionSection 44la h!!.
Q! Section
Q41a b!
imposes
limitsonexpenditures
by
presidential
candidates
who
have
elected
toreceive
Federal
funds
for
theirprimary
orgeneral
election
campaigns.
Under
Section
441a d!,
-thenational
partycommittees
arepermitted
to spend
certain
amounts
tonbehalf
of thegeneral
election
campaigns
of candidates
affiliated
withtheirparties
who
arerunning
forthe
office of President,
or for
Congress.
-
! Violations
of thestatute
must
have
been
committed
in
a "knowing
and
willful"manner
inorder
tobe.criminally
prosecutable
under Title 2, USC,
Section437g d!.Accordingly,
most of thecases
prosecu
t d underthisstatuteinvolve
grossly
excessive transactions
thataree effected eithersurreptitiously
e.g., throughcash
'
or a
t' such as
conduits!
or in thefurtherance
of some
felonious
ob3ec ive
bribe.l
EFFECTIVE: 01/08/32
Sensitive
PRINTED: 02/18/98
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PAGE 56
Part I
56-.1.2 Title 2, USC,Section 44lb -Contributions or Expenditures

by NationalBanks, Corporations,'or
Labor Organizations
! This statute prohibits anational bank or federally
chartered
connection with
corporation from making
any election
acontribution or expenditurein
to Federal, state or
local office. It
also prohibits
contribution
'or
'
any corporation
expenditure
'
'
or anylabor organization
' ' Fd
from
l lection.
making
a
in connection with
any eera e
Finally, Section éhlb makes it unlawful for any officer of a national
bank, corporation, or labor organization to_consent to aprohibited
contribution or
expenditure
and for any candidate, political
committee,
Section 441b or
other
does not person
apply knowingly to
. accept such
a contribution.
. .1
to or restrict the
personal politica
activity of corporate or uni on officers that is financed exclusively
from personal sources.
! The core of
this complex statute is its ban on the
use ofcorporate treasury
funds and
monies required
. as acondition
. . for
H
membership labor
in' organizationsto engage
in "active
f
electioneering
h fnds to
in
Federal campaigns. It does not apply to the use o suc u
finance communications
on anysubject between
labor unions
and their
membership or between corporations and their
stockholders. Nor does
it applyto nonpartisan expenditures to
orcostsof publishing
statements of editorial opinion '
1 'n
le gitimate corporate or unionowned
newspapers. This statute does not forbidcorporations unions or from
using their treasury money
Political Action ' Committees
'
'
to establish and operate
affiliated
'
't' of the
PACs!, provided the activi ies
PACs are
confined tosoliciting voluntary political donations from
corporate stockholders b ersand
or union mem their
respective families,
and provi e u
'd
f rther
separate accounts.
d that the funds thusraised weremaintained in
! In view of
the fact that criminal violations of the
FECA " 'llf 1" intent Title 2, usc,
Sectionmusthave
437g d!!.been
committed with wi
the FBI's u
involvement in the investigation of this
type of matter is generally confined to instances where the corporate
or
union funds are taken di rectly out of the
corporate or
union
l treasuryand laundered
ontheir
way to politicians.
! Although S
ection 44lb reaches contributions and
i expenditures by national banks to local election contests, it does not
apply to funds expended in connection with referenda or ballot
92
propositions.
FTP;
I.131.
3.-
..._
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PRINTED: 02/18/98
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2. '-
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ISensitive t.
Manual of
Part I PAGE 56
EFFECTIVE: 01/O8/82
[56-4.1.3 Title
2, USC, Section441c - Contribution by Government
Contractors
! This statute prohibits any person who hasor is

negotiating foracontract to
furnish material, equipment
or supplies
to the U.S. Government,from
making, or promising to
make apolitical
contribution. This statute has been construedby the Departmentof
Justice and by the FECto
reach only
donations that
are made or
promised for
the purpose
of
influencing the nomination
or electionof
candidates for Federal office. The statute applies to all
types of
businesses: sole proprietorships, partnerships, as well
as
corporations. It reaches
gifts
that are made
from the"business"
or
"partnership" assetsof
such firms. However,with respectto
unincorporated businesses,
the FEChas ruledthat this statute does
lnot prohibit donations
that aremade from
the
personal assets ofthe
.5- firm's constituent
owners. Officers and stockholdersof
incorporated
Government contractorsare not covered bySection 44lc since the
'
' '
' ' h
Government contract in such
instances 15 with t e corpora tey entit and
1 not its constituent officers.

! Section 441c appliesonly tobusiness entities that
have or are
negotiating for acontractual relationship with an agency
of
the United States. Thus, the statute does not reach those whohave
contracts with non-Federal agencies
to
perform work undera Federal
program or
grant. Nor does thisstatute reach
businessmen and
T professionals
who provide
services to
third partybeneficiaries under
Federal programs
that necessitatethe signingof
agreementswith the
Federal Government
suchas
physicians performing services
for patients
under
the medicare program.
! The same exemptionsthat apply to

Section 441b also
napply
to Section 441c.
Thus, Government
contractors make
may
certain
types of
nonpartisan expenditures, may
establish and
administer PACs,
and may
communicate with
their stockholdersconcerning political
subjects.
! As with Section 441b, the role of

the Justice
Department enforcing
in thisstatute is confinedto
instances of
"willful" avoidance of
the statutory dictates. See Title 2, USC,
Section 437g d!. Other less aggravated violationsare handled
administratively by the FEC.
s,;
~.2i'<.l§*.-;"
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Part I :- PAGE 56
EFFECTIVE: 01/O8/82
156-4.1.4 Title2, USC,

Section b41d Publication
" and
Distribution
of Statements and Solicitations F
i l! Section éldrequires thatahy political

communication which
is
made in writing or through abroadcasting
station which
a! expressly advocates theelection or defeat of a

clearly identified candidate or '
- b! solicits contributions, state whopaid for and
authorized the communication.
In addition,if the communication
is
not authorized by
any candidate,
the communication
must specifically state that it is
not so
"-
authorized;
! Note that this

section does notprohibit all
anon
Ym
ous campaign materials
buy only anonymous literatureor
advertisements which
solicit contributions or expresslyadvocate a
candidate's election
or defeat. This statute is applicable only to
Federal elections.|
EFFECTIVE: 01/08/32
156-a.1.5
Title 2, USC,
Section 44le - Contributionsby
Foreign
Nationals
This statute prohibits any foreign national from making

directly orthrough any
other person, any contributionin
connection
with
any Federal, state,or local e1eption.p Italso prohibitsany
person fromknowingly soliciting
or acceptingsuch
..
acontribution.
. 1.th.n
The term "foreign national" is defined as aforeign principa wi i
thBmeanins of the Foreign AgentsRegistration Act Title 22, USC,
Section 611!,or an individual whois not acitizen of the United
92
States
and who
is notlawfully admitted
for permanent
residence.
'i?{-
3.
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PRINTED: 02/18/98
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Part I ' _PAGE 56
EFFECTIVE: 01/08/82
56'4.l.6 Title
2, USC,Section 441E
-Contributions in
the Name of
Another Prohibited P
! This statute
makes it unlawful for any personto
make
a contribution in the
name of another person, or for any person
knowingly to permit his/her name tobe used
to make such
a
contribution. This
statute also prohibits any person
from knowingly
accepting acontribution made
by oneperson inthe name
of another
person.
! Violations of Section 44lf can arise

from a defendant
giving.fundsto amiddleman for the purpose of
having themiddleman
complete thecontribution toaFederal candidate. Violations
may also
occur wherethe defendantreimburses someone;who has alreadygiven to
a candidate, thus converting the original-donor's
contribution to
his/her own. Under suchcircumstances, themotive is usually
preservation anonymity
of since
the donation
will be reported publicly
-_ as
having been madeby
the middleman ratherthan by the true source.
The useof middlemenis also frequently a means
by which a single
donor may
give morethan thecontribution limits in Title 2, USC,
Section 441a allow.
! Violations of Section 44lf sometimestake the form of

a"slush fund" generatedthrough fictitious bonuses tocorporate or
-union executives
to enablethem tomake contributions
to politicians
which
their corporate orunion
employers would
be prohibited from
making by Title 2, USC, Section 44lb.
! Although the donor and themiddleman areequally
liable
under Section 441E,the customaryapproachto
this type of case
is to use
the conduits aswitnesses toconvict theperson who supplied
the funds. This approach recognizes the principal purposeof the FECA
as alaw designed toassure publicdisclosure oflarge campaign
donations, andto prevent certain types of donations which Congress
has deemed potentially damagingto the public good. It also
is in
keeping with
the fact that most
Section 4415 violations
are merely
means
to other
illegal ends.|
EFFECTIVE: 01/08/82
F,----.
new
Sensitive
PRINTED: 02/18/98
i i ' ;: -. p_, - - K-~-l_!92-92.-|.92;92_I~,/-11-
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Manualof
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Part I PAGE 56
56-4.1.7 Title 2, USC,Section élg - Limitations on Contribution
of
Currency
-! This statute makes it unlawful for any person to make
contributions of
currency of
the United Statesor
of any
foreign
country toany
candidate for Federaloffice whichexceed $100.The
limitation is
cumulative and applies to the candidate's entire
campaign for nomination and election.
! This limitation on currency giving differs from the
contribution limitations inSection 441a.|
EFFECTIVE: 01/O8/B2
I56-4;1.8 Title 2, USC,

Section élh
- Fraudulent
Misrepresentations
* of
Campaign Authority
-<-.._ ! This statute prohibitsanyfederal
candidate; or any
agentof aFederal candidate from
fraudulently misrepresenting
himself/herselfas
having authority to
speakgor act on behalf of any
other candidate or party.
It also makes itunlawful for anyone
willfully and knowingly
to
participate in, or conspireto
participate
in, anyplan
to misrepresent someone
as
acting for another
candidate
or party. -
H
! The statute is directed toward"dirty tricks
activities-such asthe infiltration of
an opponent's campaign
or
anization
B for the purpose of
damaging the|opponent's campaign.
Unlikemostof
the provisionsof
the FECA, Section
441h 1S
not subject
to
any monetary
threshold
before criminal jurisdictionattaches
EFFECTIVE: 01/08/82
:-L
Sensitive
. PRINTED: 02/18/98
A
_.1 c... -_"..'.,.:;;ii'J__...'.-.-'-'
7 '-.;.92..~.'..;......-.-..;...i.-...___....-...-.._.__-.___................_._.--__..
'......'
Sensitive

Part I '_ PAGE 56 - 19
564.1.9 Title 2, USC,Section 441i -Acceptance of Excessive
Honorariums -
l! This statute imposeslimitations on the amountof

honoraria which
may beaccepted by
electedor
appointed officers and
employees
of
the Federal Government.
Such individuals
mayaccept
honoraria which do not exceed:
a! $2,000 per appearance, speech, or article, or

b! an aggregate of $25,000 per calendar year.
The statuteexcludes from
the limits amounts accepted
for travel and
subsistence expenses
for the individual and
his/her spouse
or anaide,
as
well as
amounts paid for agent's
fees
or commissions.
! The FEC has
defined "honorarium"
to meanapaymentof
money anything
or of
value received
by anofficer oremployeethe
of
Federal Governmentif it is
accepted as consideration for an
appearance, speech
or article.
! Although the honorariumstatute
is part of the FECA,
Congress has
specifically exempted
honoraria from
the definition
"contribution." Thus, an incumbentCongressman Congresswoman
or
running forreelection may
accept both
a $2,000"honorarium" and a
$1,000 "contribution"
from thesame person
without violatingthe
contribution limits in Section 441a.
I56-4.1.10Title
2, USC, Section
439aPUseof Surplus
Campaign
Funds
! This statute establishes
principles governing
the
permissible use
of surpluscampaign funds
donated
to Federal
candidates andthe political committees supporting
them.
! As ageneral rule, such surplus fundsmay beused to
defray theexpenses of
the candidate in connection with the discharge
of his/her duties as
an elected public official. They may be
contributed tocharities
entitled to tax exempt status under Title26,
USC, Section 501 c!;they
may be transferred to political committees
directly affiliatedwith thenational, state or local
apparatus of a
_3 1't'
po i ica art
py, '
or 1they
w may
be used for "any other lawfulpurpose."
Transfers of
surplus '
l't'
campaign funds to po i ica l committees affiliated
Sensitive
PRINTED: 02/18/98
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Sensitive
it
Manualof
Investigative Operations and Guidelines PAGE 56
Part I -
92
with political parties arealso exempted

from thecontribution;
limitations containedin Title 2, USC,Section 441a,
which would
normally apply to transfers between political-committees.
' ! The 1979amendments tothe FECA provided that as a
general rule
the personal
use ofsurplus funds
is prohibited.This is
consideredaviolation of the FECA, and
as suchis subject to the
frcement
_en op machinerywhich
governs the rest of
the Act. An exception
to this general ruleexists withrespect topersonal conversions
by
Congressmen Congresswoman
or were
whomembers
of the 96th Congress
on
January 8,
1980, when
the 1979
FECA became
law. Theamended version
of
Section 439a allowssuch incumbents
to use surplus fundsfor
personal purposes. -
EFFECTIVE: 01/08/82
564.2 *FECA Reporting Statutes
!9 Title 2, nsc, Sections n31a3a,and Title 2,

usc,
H. Sections Q38-439
set forth
reporting of campaign
organizational
requirements that
are imposed
by theFECA. The
statutes also
set
forth the organization and
powers of
the FEC, definitions applicable
to the FECA, organization
and registration
of political committees
and
various reportingand disclosure statements whichmust be reported 0
t
the FEC.Violations of the recordkeeping,reporting and campaign

organization provisionsof theFECA thatare committed in aknowing
and willful manner andinvolve morethan $2;000 may besubject to
criminal prosecution.'The.Department, however,
rarely intervenesin
offenses ofthis type and customarilydefers them
to the FECfor
noncriminal disposition. Further informationconcerning the above
statutes isfound
in the Department
publication entitled,Federal
Prosecution ofElection Offenses,
furnished toall field divisions.
FEC records filed by Federal candidatesregarding campaign
contributions and
expenditures
. . .
are
available
.t.
to
the FBI withoutregard
to subpoena
and may
have utility in certain Federal corrupion
investigations. They
may be
obtained via
aspecific lead tothe
'| Washington|Hetropo1itan92Field
Office.
"! A rare exception tothe policy outlined in ! above
exists where
information originally furnishedin the form of a
' violation
also
reflects evidence thataviolation of another
p1,.
1'1 reporting
k; 92...a criminal
statute for
which the
FBI has
investigative jurisdiction
is
involved.
92
Sensitive
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!!!!!F!!!!!I!-!qenm_._,H l _
}
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V'. .15.
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;,_,'!'

Part I PAGE 56 " 21
EFFECTIVE: 10/16/90
56-5 PENALTY FDR FECA

VIOLATIONS
Title 2, USC, Section 437g d! provides as follows:
! Any person who knowingly and
willfully commits a
violation of any provisionof this
Act which involvesthe making,
receiving, or
reporting ofany contribution
or expenditure
'
' aggregating
'
ned for
$2,000 ormore duringacalendar year shall be
fined or impriso
t morethan oneyear, or both.
The amount ofthis
fine shall
not
no
exceed
the greater
of $25,000
or 300
percent'of
contribution
any or
expenditure involvedin such violation.
! In the caseof aknowing and willful violation of
4-1-vs
;_
Section 44l b!!; the penalties setforth in this
subsection shall
applyto aviolation involving an~amount
aggregating'$250
more or
-.
duringacalendaryear. Such violation ofSection 441b! may
b!
incorporateviolation
a ofSection 441c 44lf,
b!, or 441g ofthis
title. s
! In the caseof a knowing,and willfulviolation of

Section 441h
of this title, the penalties setforth in this subsection
hll
5 3PP Y a1 without regard to
whether the making,receiving, or
reporting of
acontributionor expenditure
of $1,000
or more
is
involved.
EFFECTIVE: 10/16/90
56-6 EFFECT ON STATELAW

#53, providesthat
the FECA controls
and supersedes
inconsistent
'
'
state
laws where'
the subject ofcampaign
' concerned.
finance matters with
respect to
Federal campaigns is
Accordingly, for
all practical purposes campaign
finance matters
involving candidates
for Federal
office areexclusively matters
of
Federal jurisdiction and concern.
Sensitive
PRINTED: 02/18/98
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': Sensitive
§F' ,
Manual ofInvestigative Operationsand Guidelines PAGE 56 - 22

Part I
EFFECTIVE: 10/16/90
92
56-7 STATUTE OF LIMITATIONS

The statute
of limitations for FBCA
offenses isthree
years. The
statute of
limitations for
statutes over
which the
FBI has
exclusive jurisdiction is
five years.
EFFECTIVE: 10/16/90
l568 POLICY
l! Prosecution of election law mattersgenerally rests
with U.S.Attorneys USA!.
The Election
Crimes Branch
ECB!, Public
Integrity, Criminal
Division, D01,
requires that
all complaints,
M1 informations, an d
in'
d'
ic tments
charging election offenses must be
f? cleared through
ECB.Theuse
of t election
subpoenaso secure records
'
-__.- and theus eof g rand juryin thesematters
also
requires approval of
the ECB.
The
obtaining of theabove clearances
is theresponsibility
of the USA and
may beobtained telephonically in emergency
situations. The
ECB. . is alsoresponsible for
establishingd'
overall
prosecutive policy
in this rapidly
..
developing
area oflaw an
assuring anationwide standard ofprosecution.
Th9 ECB
9 DOJ,
is
staffed with attorneys
knowledgeable
theinsometimes
complex prosecutorial
issues
..
involved
in this. . sensitive area.h
Freq uently,the ECB
assists USAsin prosecutive strategy intese
matters. Onoccasion, dueto workload,recusal
'
or
complexity
'
t
considerations,adepartmentalattorney maylbe assigned 0 hndle
a the
matter in
ie
. '
1 u of USA '
In these instances, theinvestigative and
prosecutive functions
betweenthe
DOJ attorney and
the FBI
will bethe
92
same
as has beenestablished withUSAs.
! USAs are authorizedto requestthe FBIto conduct
investigations in election lawmatters forwhich theFBI
preliminary
hassole investigative
jurisdiction. See
56-9 of
this manual
for
scop p euof reliminaryinvestigation. Under
_ all circumstances,
full
investigations must
be
approvedby theDOJ by
way of
communication
1 through
FBIHQ see
5610 ofthis manual!.
{gift ! offenses
i;§§ financing
Therequires
quality
of enforcement
jurisdiction
acloseand continuing
campaign
relationship
over
Sensitive
=-1,.
J
es*1 Sensitive
J9 /
Hanual
Part I of Investigative Operationsand Guidelines PAGE 56
23
be tween
the DOJ
and FEC.
The officialflow ofinformation between
the
D03 and
the FECis governedby a formal Memorandum
of
Understanding.
The DOJ
is
responsible for maintaining this
liaison with FEC ona
case-bycase basis.All complaintsalleging violations_of
the
campaign finance
or reportingprovisions ofthe
FECA wh hic are
received the
by
FBI should be
brought immediately
to theattentionof
the DOJ
by
way of FBIHQ
see 56-11
of this manual! and
no further
action taken. USAs are
not authorizedto requestpreliminary
'
t'
inves
ig
.
ations inFECA matters
The DOJ
has advised
USAs that
they
should not refer these
matters directlyto the FEC or otherwise .
3P
ttemt to
deal themselves with
the
FEC enforcementstaff. In
the
event that an ongoing
' investigation
'
' into
non-FECA offenses
'
tt produces
evidence indicating that FECAcrimes may
be involvedin the pa ern of
conduct, thepertinent factsmust be brought promptlyto theattention
of_FBIHQ.
! The policy of the
FBI in electionfraud
matters is to
refrain fromintervening inan ongoing
elective contest
in suchaway
that theinvestigation is
allowed
to
becomea campaign
issue. This
wan frequently requires
that
overt"investigation.of
amatteroccur at
the
conclusion of theelection at issue.
w.
! The greatest amount
of careand discretion
must be
xercised in
these cases
due totheir potentialpolitical sensitivity.
e
They
are toreceive the
close personal
attention of
thel SAC and must
rblems
be
completed at the earliest possibledate. Anyunusua po
encou
ntered shouldbe
submitted immediately toFBIHQ. The
investigations are
to be
handledby experienced
andmature
Agents.
' e
The
services of
Agents best
qualified by experience
and-trainingar
1 tobe
utilized. All deadlines
set bythe Bureau
mustbe
met. The
I investigations
are tobe conducted
in astrictly fair andimpartial
manner and
no statements
indicating prejudice
are tobe made.
Two
iAgents
should present
be all
at interviews
of sub]ects
andA potential
subjects. Other
interviews should
' '
alsobe
conductedby twogen
ts
92
whenever
circumstances indicate
this should
be
done.
I! Agents are
not to be assigned
to
"police" elections
or act as o bs erversat
the polls. Agents will
_ not enter
the polls or
conduct any investigation inside
any public§facility
in whichthe
olls are located TheDepartment beenfadvised
has that
in orderto
fulfill its mandate
92
P
they may
'
be instances
where itwouldbemost
efficient and/ornecessary for the FBIto performrelated
'
sti ations
v in the vicinity of the openpolls. Suchrequests,
however,
._,_.92I in e
7 I
g
should
be immediately
..
brought to
the attention
of FBIHQ
and
d
.
will
. 92'Ibe approved onlyon the_instruction of the DOJ. Once approve ,
it must
be realized taht th eotential
p for
misunderstanding of
the
Sensitive
PRINTED: 02/18/98
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IF
=, Sensitives

- PAGE 56
Part I
purposethe
of FBI's
inquiry s! require
that every
effort be
made
to t
limit the investigation to only whatis
' '
absolutely necessaryomee
t
the objective s!.| "

M
1
EFFECTIVE: 01/03/az
56-9 INVESTIGATIONS See 56-8!.!
EFFECTIVE: O1/O8/B2
|56*9.1 ' Handling ofComplaints

! Upon receipt of acomplaint, interview the _
lainant andobtain full circumstances of
the allegedviolation,
including nature
comp
of theelection, local,1state
or Federal,
names
of esof
candidates, possible wites
subjects orsuspects and/or t
ness ,yp
physical evidence
which may
exist and
other immediately
available
details. .
' ! Present facts

known to
USA for
opinion asto whether
a preliminary
investigation should
be conducted
if allegation
sufficiently credib1e.|
EFFECTIVE: O1/O8/82
I56-9.2 Preliminary Investigation

Preliminary investigations
may
be requested by
the USA
oI.
by
the DOJ through
FBIHQ. They
should entail
some or»all
f of the
.
i following and shouldbe describedin. the first
. sentence
. . N0
communications
as
"This is apreliminaryinvestigation.
' ! Interview ofcomplainants, victims,
and immediately
available witnesses ~
ll! Interview ofsubjects onlyif specifically requested

yby the Department!
.£31. I! Obtaining ofany physicalevidence, including
_=1. ,,.
~;,- documents, ballotsand other pertinent evidence
v -.. 92
Sensitive
PRINTED: 02/18/93
-.-i-an.»-.-...._,,¢1._-in-ca.-..-_-.0-__..-...._-s.-___-..-.-,;.a.... as.-__.-................_._.
._ .__ ,
_»-»._
92
.51
Sensitive
-1;
Manual of Investigative Operations and Guidelines PAGE 56 - 25

Part I T
! Taking of photographs,if appropriate, to the nature

of the alleged violation
! Any other logicalinvestigation toround out
the
facts of the complaint. '
! Among other things, it '

should
'
'
be determined
ld b
what
ffected
Federal and/or local candidates or political_issues wou e a
bY th 9B alle ed
irregularities. If alleged irregularities involve
handling, marking
or countingof ballots, determine whether
each voter
executessingle
ballots or ballots containing multiplecandidates
coveringstate
and local, as well as Federal candidates
and issues.
! Take signed statements,ifpossible, from
complainants, victims,witnesses, andsubjects.
8! Upon referral to the Department
of the results of a
reliminary investigation,
the Department
may laterrequest additional
5'5, specific investigation.
P
'
In suchinstances,
'
'
the
request will
' '
be dthe
forwarded tothe field
by FBIHQ withappropriate instructions an
~c subsequent communication
should contain a
II
statementin the first
'd
paragraph of
the detailsto the effect, This is a continue
preliminary investigation."
9! DOJpolicy concerning the prosecution of election
fraud offenses for which-the FBI has
exclusive investigative
jurisdiction is to giveselective consideration basedonowh thfacte
ua't
si i t'on
imp acts Federal interests. The following general
categories, indescending order of priority; are setforth to serve as
,a guide
as tothe extent
of preliminary
investigation that
should be
conducted. _
a! Category #1 - This category includes all

electionfraud mattersthat reflect a pattern of conduct
which has as
'ts ob'ect
1J to affect the outcomeof Federal contests
. for Congressmen
or Congresswoman,
Senators, or
President. Federal
law preempt
state
laws
in all such instances. Thuswhen acase falls in this category,
Federal intervention is virtually mandatory.
b! Category #2 This category includes all
patterns of
electoral abuse
which
occur in thesettingof
a Federal
election whichcan beshown tohave
impacted adversely upon
the
T outcome
of a Federal contest,
but whichwene directed
at
improperly
. - ,5 affecting the outcome ofstate or
local contests.
'=-
-1-
Sensitive
PRINTED: 02/18/93
.- _ _
.-.,
,1-
T .-ii
Sensitive
Manual of Investigative Operations and Guidelines PAGE 56 -

Part I
1c! Category -#3

Thiscategory includes
all
patterns ofelectoral
abuse which occur
in the setting of aFederal
election, but where thefraud in
question cannot beshown tohave
i impactedadversely uponaFederal contest.
d! Category #4 -This_category includes
all the
remaining situations in
w h 1Cha pattern
of electoral abuse occurs
V Tduringan election
where Federal
candidates
were not onthe ballot.
0! Other factors bearing on DOJprosecutive policy:
l a! Theextent
that the geographicarea involvedhas
suffered voting abuses in the past.
i b! The extent that the pattern of election abuse _
V may
be relatedto apattern of local corruption orother activity.
; c! The ability and willingness of state election
enforcement agencies
to deal with the problemil
C.
'
EFFECTIVE:
01/08/82
[56-10_ADMINISTRATIVE
AND REPORTING
PROCEDURE
MATTERS
FOR UNDER
EXCLUSIVE FBIINVESTIGATIVE JURISDICTION
Advise FBIHQ
via LHM original and three copies! when
credible complaintresults in USA opinion that apreliminary
'
in
vesti g.
ation is not warranted Submit
in
closed status. LHMwill be
disseminated FBIHQ
by DOJ
to forreview. Includesuccinct summary
of
facts and
reason for USA
opinion. FormFD-365 may
beused
to transmit
LHM to
FBIHQ. One
copy ofLHM should
be furnished
to USA.l
EFFECTIVE: 01/08/82
4
92[561O.1 Where
Preliminary Investigation
RequestedUSA'
by
Advise FBIHQvia LHM original and three copies! within
ten
days when preliminaryinvestigation initiate dested
as requ by
USA.
Include succinct
summaryfacts
of andAUSA
opinion as to statute s!
believed
r "-°'_~. violated.|
_.-:_3;: .
k~@
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PRINTED: 02/18/98
9Q
P
Sensitive
J1, I

Part IPAGE 56
EFFECTIVE: O1/O8/32
561O.2 Upon Completion of Preliminary Investigation

! Advise FBIHQ viaLHM original and three copies! of
facts obtained-andopinion of USA asto whether full investigation
should beconducted. If none requested,submit in closed status. One
copy ofLHM should
be furnishedto USA. USAs may
not decline
prosecution in
these matters.LHM willbe~disseminatedFBIHQ
by to
DOJ for review.
' ! Should USA

request full investigation, submit LHM in
pending
status
with request ofFBIHQ to
refer to DOJ forapproval. A
recommendation forafull investigation should be supported by a
commitment to
prosecute bythe USAif allegations are supportedby
facts developed.No further investigation shouldbe conducted
pending
response from
FBIHQ. Inurgent situations,this requestshould be
submitted byteletype withfol1owup LHM.|_
EFFECTIVE: O1/O8/82
||56-10.3 Upon Completion of Full Investigation

Submit
closing LHM toFBIHQ originalandthree
copies!
for disseminationto DOJfollowing resolutionof matter. Include
additional summary
of facts developed
and results of prosecution or
other disposition.| _
EFFECTIVE: 01/08/82
|5611 ADMINISTRATIVE
ANO REPORTING
PROCEDURE
MATTERS
FOR
RELATING TO FECA OFFENSES
Advise FBIHQby LH original and three copies! or by

teletype if significant allegation received. Conduct
no further
investigation until advised byFBIHQ. pUSAs cannot authorize
preliminary investigation
in FECA
matters. TheDOJ willdetermine if
matter to be referred to FEC or FBI for investigation.
Sensitive
PRINTED: 02/18/98
i ,_E in
-
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pl-Q» ...._-.__........¢..i._..¢....4s»_.=..~.u__....i._.92;4.-u.-.-...s.e.._.__.,_..E_..i...-E,,'_1_
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Part I 0, PAGE 56" 2%
||5612 CHARACTER -ELECTIONLAws|
EFFECTIVE: 01/08/82
92 <
A
,_
I
1'
Cf
Sensitive
PRINIFD: 02/18/9%,
- d_____________L__
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_ ____
1 92
-._'_- Sensitive
Manual
ofInvestigative
Part I
Operations
and
Guidelines
- PAGE 58
SECTION
53. [CORRUPTION
orFEDERAL
PUBLIC
OFFICIALS]
53-1 BACKGROUND
I ! The
'FBI
cr'm'
l' 'defines
a under
public
1inainvestigationlopenedcorruption
any case
aslanyl
classification
I h '
'
allegedathat
public
official
hasabused
his/her
position
of , w erein it is
trustlwithin
law. aofficial
governmental
Apublic entitylin
isdefinedviolation
asan ofaelected
Federal
individual criminal
or
appointed
toaposition
subdivision
of
thereof.
FBI
trust
inagovernmental
corruption
cases
can
entity
or political
involveofficials
ranging
the from
local
highest government
levels regulatory
oftheFederal inspectors
toofficials
Government. at
'
! There
areanumber
ofcriminal
statutes
which may be
applicable
to corruption
generally
are cases.
specific Although
Federal there
criminal
lawsissome
overlap,
applicable
to there
corrut'
ofFederal, asopposed
to state
andlocal,
officials. pp ion
! This manualsection
deals
withFederal
bl
corruption
cons
ultdl
e matters.
MIOG,
as ' Part
' '
it applies
to I,|Section
corruption
of l94]should
also
state
and
local be
public
pu ic
'
officials.]
'
EFFECTIVE:09/16/94
58-2 SCOPE
! The
purpose
ofthe58classification
isto
incorporate,
Federal within
one
public classification,
officials
where
the
focuscorruption
ofthe matters
involving
investigation
ison
theFederal
public
officials
abuse
ofoffice,
regardless
of the
Federal
statute
against
a alleged
to
Federal have
official been
which violated.
intertwineHowever,
with allegations
contracts
orprograms
being
may administered
by a
beclassifiedFederal
under executive
branch,
anappropriate department
Fraud-Against
the oragency
Government
classification.
which ]Likewise,
intertwine
with allegations
drugs
and/or against
a crime
organizedFederal
OC! official
activity
may
beclassified
under anappropriate
OC/Drug
Pro
ram1 '
'
The
important
factor
isthe
PRIMARY
FOCUS
ofthe
investigation.|
This g _ c assification.
_ Sensitive
"
PRINTED:02/18/98
.__...__i-..-1;;_"*-_'_,-1'--_&#3
_.__
.____
.______,___...._.._...
.. .2._-._-~.»...
-_...__.
.-.l.92
____
'
92.|
Sensitive
Manual
Investigative
Part I
of Operations
and Guidelines
_PAGE 58
determination
to be
made
is the
by field
office.
solicitation! of
The 58toorclassification
bribes extends
froma' as
wellto
the
offer or
'
proceeding
others
official. and
are
whonot
identified
Juror or as
in aFederal
witness public
any Federal
! Thefollowing criteria
should t'1'
b
classification
acorruption
Public Officials of matter
matterwithin Corruption
as_a
8! WhiteCo1lar
the Federal
of
Program.
Crime
e u1 ized in the
elected or a! The
appointeda public
position
to ofofficial
involved
trust
in F anisindividual
entity oran employee
or person
at' a ederal
cing
governmental
on
behalf of aFederal
governmental entity.
requires "theb!of
use Theofficial
his/her corrupt
activity the
of Federal
os't'
p 1ion and
is
official
in violation of
Federal law. _
of the
position c! The
focus
trust
byof the the
ofpublic
investigation
Federal ison the
official
in abuse
violation
of
Federallaw,as
opposedto Federal
cr'
person
who happens
beto
aFederal
public
imesofficial.
beingcommitted bya
d! Whenconsiderin
g theopening tof
ofaFederal
public officials
,y
it is extremel i antoinvestigation
mpor ant determine,
immediately receipt
upon ofsuch all '
Federal official
public
isconsidered
aperson
egations, covered
whether the the
or not under
Independent
Part provisions
Section
I, Counsel
of
theEthics
211-4!.
Questions Government
inshould
concerning
coveragebe MIOG, Act
immediatelyto the
PCU!,IFBIHQ, attention
brought
resolution the of
for proceeding
before Public
Corruption|Unit
further.
EFFECTIVE: 09/16/94
Sensitive
PRINTED: 02/18/98
I __
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_|_ ElIii
Sensitive92
Manual
Investigative
Part I
of Operations
and Guidelines
PAGE 53
58*3 _FEDERAL
STATUTES APPLIED
FREQUENTLY
CORRUPTION INVESTIGATIONS
FEDERAL
TO PUBLIC
Avariety of
Federal criminal statutes
can applied
be in
Federal corruption
public
to highlightthe elements
of th investigations;
The following
is meant
only
opinion
theofrespective
clarification
USA's
of
should
judicial
sought
office
be further
e mostfor
frequently used
statutes. The
the variousFederal judicialinterpret
' t'
aions
' and'
the ' '
distinctions among
that the
following overview circuits. It is alsoimportant to
of the
statutesl'
'' note
I thepublic corruption
context.
I is imited to their use in
EFFECTIVE: 09/16/94
58-3.1 Bribery
of Public
Officials
ad N'Title 18, USC,
Section 201!
See MIOG,
Part nI,itnesses
496 l!.!
of
federal! Themajor
officialstheis statute
utilized
federal
bribery prosecuting
instatute.
Federal corruption
public
officials,
employees,
or including
personsmembers
acting Congress
for branches
or on of other
behalf theand
of officers,
United
States or
its agencies;
charged departments
theunder
federal
bribery any
or official
in
statute.
This function
statute be
prohibits
a may
PUBLIC
seeking, directly
OFFICIAL,
indirectly,
accepting,
receiving,or corruptly
from soliciting,
value, either for agreeing
personally or receive
another
or person toor anything
entity, of
for
himself/herself
an OFFICIAL
ACT return
by being
him/her,in
for influenced
in
influenced
being getthe
performance
toin any, of
involved
fraud
in
doingthe United
act
any States,
orhis/her
violation
in "being
ofinfluenced
do further
official
duty." omit
or
to to
It
prohibits
offering individual,
any ofanything
promising
or or
directly
indirectly,
value
to5 from
public giving,
official, with
intent
to getinfluence
to
involved
in official
any
any_fraud
in theinfluence
act, public
United States,
or tosuch official
induce such
public official t o
d '
o or omit '
to doany act
in ' of
violation
his/her
official duty.
! The
section, is term,
defined "public
apersonofficial,"
aswho the
for
ais"Member
of purposes
of this
Congress,
Delegate,
Resident
official
has or or an
qualified, Commissioner,
either
officer before
orperson
employee
or after
such
orfor
acting
or on
behalfthe
of United
States,any
or department,
agency,
or
branch
government
of including
thereof,
District
theColumbia,
of in
Sensitive
PRINTED: 02/18/98
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,Sensitive
Manualof
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4
any official function, under
or byauthority ofany suchdepartment,
agency,or
branch of government,or ajuror." It further includes any
person whohas been nominated appointed
or to
be a publicofficial, or
who hasbeen officially informed that they will be nominatedor
appointed. _
! The term, "official

act," means "any
decisionor
action on
any question,
matter, cause,
suit, proceeding
or controversy
which may
at anytime bepending,or
which may by law bebrought
before any
public official,
in such officia1's
official capacity, or
in such official's place
of
trust or profit."
! The federal briberystatute has, as an
element of
the
violation, an
intent provision. That is to
say that there must bea
QUID PRO
QUO which
in the
bribery ispaid
and received in
exchange for
influence withrespect toan official act. Unlike other public
corruption statutes,
this exchangemust be proven. Thegratuity
subsections ofthe briberystatute, Title 18, USC,Section 201 c!,
provide alternativemeans
of
addressing corruption byFederal
Al officials when aQUID PRO QUO
cannot
be shown.
&" !more thanthreeThe penalty
for
violating
timesthe monetary
Section is value,
a201
fine not
equivalent ofthe thing of
or imprisonment
for not more than
15 years,or both,and discretionary
disqualification from public office.
EFFECTIVE: 07/31/97
|58-3.2 |De1eted|
EFFECTIVE: 09/16/94
_S lSensitive
-T PRINTED: 02/18/98 '
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L;j?_Sensitive
of Operations
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Part I PAGE *553
58-3.3 Interstate
and Foreign
Travel Transportation
" Racketeering Enterprise Act
or 18, USC,
ITAR! Title
Aid ofin
Section
I l952!I See mos, Part 1, 194-3.3.!|
Federal! offense
with the
ITAR, often
to travel referred
touse
interstate
intent to:
as
the
or Travel
Act,
interstatemakes
it a
facilities,
a! distributethe proceeds
of any
I unlawfulIactivity;
orI ;
b!
orIcommit
I unlawfulIactivity; aviolentcrime
infurtherance
of any
I orc! Iotherwise
activity manage,
facilitate any unlawful promote,establish,
carry
on,I
of extortion !and
"Unlawful
bribery. activity"
is
definedas including
the acts
_!oruses
~" interstate A public
official
interstate violates
ITAR when
he/she
travels
facilities,'i.e., _ &#39
transportation
carriers, mail
couriers, United
States
mails, and telephones, in
furtherance
lieu
of, or as the
anbribery
of scheme.
alternative, act
to Hobbs This
is
particularly
Act when
there no useful
in
is proof
of
theeffect
a victim's
had on
loss
interstate commerce
orwhere
there
are no
series of-predicate
offensesrequired
as under
the Racketeer
Influenced and
Corrupt Organization
Statute.
I imprisonment
! The
not
penalty
for violating
formore
than five
Section
years, or
both.
1952Iis
aIfine
or
EFFECTIVE: 09/16/94
,,
Sensitive
PRINTED: U2/18/98
.3 . 92
,
,Sensitive
of Operations
and Guidelines
Part I _, PAGE 58
58-3.4HIOG,
Mail
Fraud
Part
Title
18, usc,
Sectionsand
1, 36-1e194-3.4.!J
1341
l346!] See
! Apublicofficial who
uses the
United States
mailsin
furtherance schemes
of defraud
to governmental
a orentity
others
has
violated Mail
the Fraud
Statute. Examples
of
theseschemes include
officials who
rig theawarding
contracts
of benefit
to themselves.
Such schemes
have almost
always required
mailings. It
is not
necessary that
the officialmailed something
himself/herself
or
directly received
the item
in the
mail. Itis sufficient
that
he/she
knowingly
that caused
the
the mails wouldmails
be tobe used reasonably
or
used in furtherance
of have
the scheme.should
known
! The Mail Fraud.Statute
has been
used ina most
effective
that a
manner
in public
corruption
fraudulent scheme
which extended
prosecutions
under theory
the
to anofficial's acts,
deprivedcitizens
the the of full
and faithful
servicesof
the public
official. iThis
theory
Court decision,
was,
however,
McNallyUnited
v.
limited considerably
States,_which
held that
in aSupreme
the intent
of
the statute not
did extend-to
this intangible
right ofcitizens to
honest Government.
ForActs
prior
to November 1988,
18,must
it be
shown that.the
citizens
were
defrauded of actual
money property.
or
The Omnibus
AntiDrugAbuse
Act of 1988amended MailtheFraud
Statute
by
adding Section 1346,
which
"for the purposes of
this chapter the
term scheme
or artifice
to defraud
includes
scheme
a artifice
or to
deprive another
of
the intangible right
to honestservices."
Therefore, "intangible
the rights"
theory maystill be
used to
prosecute officials
for actsoccurring after
November1988.
18,
! [Thepenalty
fine orimprisonment for
notforviolating years,
more
thanlfive Sections
1341
or 1346
or isa
both.
EFFECTIVE: 09/16/94
/-.,._
. I l Sensitive
- PRINTED: 02/18/98
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,Sensitive
Manual of
Investigative
Part I'
Operations
Ouidelines
and
-PAGE 58
58~3.5 Wire
Fraud 18,USC,
Part I, l94~3.5.!|
Title l343!l
Section
MIOG,
See
! A public official
who transmits
or causes
to
be
transmitted
writings, meansby
wire,
sounds,
signals,of telephone,
radio,
or
pictures,television,
or signs, any
in interstate
for the
purpose defrauding
of agovernmental
violated the Wire Fraud
Statute.entity or commerce,
others, has
! Thepenalty for
imprisonmentffor not
more than
violating Section
f'
1343|is f' aine or
ive years, or
both.
use
of ! Similar
the Wire to the
inMail
Fraud.Statute Fraud
Statute,
corruption an
example
matters betoof the
would
prosecute
apublicofficial who
has used
the telephone
or
systems
interstate
in commerce
in furtherance
involving governmental
ofakickback
contracts.
scheme computer
EFFECTIVE: 09/16/94
58*3.6 Racketeer
Influenced
Corrupt
and Organizations
RICO!
Title 13,
usc,
Sections1961-1963!] See
194-3.s.!|
Part MIOG,
1,
organized ! RICO,
has
crime,traditionally
apowerfulweapon
inapublic
ai
st
. . also
been used
most . effectively
gn
Corr t. ..
up ion investigations,
governmental entity. especially
systemic corruption
found ain
! As it relates
to
publiccorruption,makes
RICO itfa
Federal offense
for
activity that any
person
hasspecified
a toengage
inapattern
relationship
to an of racketeering
enterprise i.e.,
investing
theaffairs
of! proceeds,
acquiring
that
affects maintaining
interstate orcommerce.
in
interest
orconduct
! In the
context of public
corruptionesinv
t'
pattern
crimes,
toracketeering
of
include may
activity
traditional two
be more
or state
or Federal
a igations,
bribery, extortion, wirecorruptionrelated

mail fraud, fraud,offense
suchFederal
obstruction as
of
criminal investigations,
informants,_and tampering
currency
violatingFederal
with witnesses
transaction victims 0
reporting requirements. , 1'
Sensitive
PRINTED: 02/18/98
I
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__._ ,__-.J
, Sensitive
Manual
of Investigative Operations
Part I
and Guidelines
PAGE 58
corporation,
! An
enterprise
includes
individual,
any partnership,
group of association,
Enterprises
or other
individuals inlegal
fact,
previous
entity,
and
associated
although
not union
any or
alegal
entity.
inevenl fprosecutions
have included
police departmen
law firms,
court systems,
and S
individuals joined
in some
corrupt scheme.
ess ormal associations of
! Section l962 d! make

l acrime to conspire to
commit the
substantive RICO
offenses.
s it
! The
imprisonment penalty
not moreviolating
than
20
forfor lifeor
years Section
1962
if afine
the is or
predicate
violation carries
alife sentence! b
criminalcivil
forfeiture
and provisions.
, or oth, as
well as significant
EFFECTIVE: 09/16/94
53-4 [CONFLICT
205 211!
or INTEREST
T:1
i e 18,
USC,Sections 202,
203,
EFFECTIVE: 01/22/90
584.l
Section Compensation
203. Members
to
Congress,
of
Officers,
Others
and
in
Matters
Affecting
Government
the
! Solicitation or receit f
Government empl oyee, the elements are: p o compensation bya
a! Employed
by theUnited States-
b! g_
of the United States Rendered service
or are d t eo for or
on behalf
direct or c! interest
substantial Ina matter
inwhich
the United
States
has
- d! Solicited
or received
compensation,
agreed orto
the elements !are:
Give or offercompensation
Govto
ernment employee,
Sensitive
PRINTED: 02/18/98
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F
92.a-49 Sensitive

Part I PAGE 58
584.6 Section 209. Salary of Government
Officials and Employees
Payable Only by United States
! Receipt from private sources of any salary,

contribution to or supplementation of salary
as compensation for
services as aGovernment employee,as well
as payment, contribution
to, or supplementation of aGovernment salary.
! The penalty for|violating Section 209]is a fine

or|imprisonment for
not morethan oneyear,|or both.
EFFECTIVE: 09/16/94
58-4.7 Section 210. Offer to Procure Appointive Public Office

! Offer or payment to procure appointive
Government
office.
! The penalty for[violating Section 21O|is a

fine orlimprisonment
for not more thanone year,|orboth.
EFFECTIVE: 09/16/94
58-4.8 Section 211. Acceptance or Solicitation to Obtain

Appointive Public Office -
! Solicitation or acceptance of payment to procure

appointive Government office.
! The penalty for|violating Section 211]is afine

or|imprisonment fornot more
than one year,|or both.
EFFECTIVE: 09/16/94
/as. I|58-4.9 202!

Section
202. Definitions
SeeTitle
18, USC, Section
Sensitive
PRINTED: 02/18/98
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__' _.
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' e

Part I IPAGE 58
EFFECTIVE: O1/22/90
58-4.4 Section 207. Disqualification of FormerOfficers and

Employees in Matters Connected with Former Duties or
Official Responsibilities; Disqualification of Partners
! Former Government employees
are prohibited for all
time fromhandling mattersbefore theGovernment which
in
they
participated personallyand substantiallyas
United States employees.
! Partners of formerGovernment employees
are subject
to the same limitations
as
employeesunder ! above. _
1! Government
employees who
do notparticipate directly
in aGovernment matter, but who hadit under their official '
responsibility, cannot become involved
insuch matter for aprivate
interest forftwo years|after their responsibility has
ended.
! The penalty for|violating_Section207|is afine
orlimprisonmentnot
for more
than two
years,|or both,
except
subsection dealingwithlpartners £or|which|the penalty is afine or
imprisonment fornot morethan oneyear,|or both.
58-4.5 Section 208. Acts Affecting aPersonal Financial Interest

! Governmentemployees personally
and substantially
transacting official
business with
companies with
which they,
members
of their families, business associates, or prospective employers
have
apecuniary interest.
! The penalty for[violating Section 203|isa fine

orlimprisonment
Y
for
not more
than twoyears,]or
.
both.
EFFECTIVE: O9/16/94
Sensitive
PRINTED: O2/18/93
-.._.i-Hc..~.m._..~._.__.
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<92¥¥ , Sensitive
Manual of
and Guidelines
Part I ' _1 PAGE958
a! Whoever
gives oroffers compensation
b! To aGovernment
employee
c! For services rendered
or to be rendered
direct or
-substantial
d! In amatterin
interest
which the United
States has
a
I! Partners
Government
of are
employees
also
restricted
under this
statuteline
follows. '
in with
provisions
Section
of which
207,
! The penalty forlviolating
Section 203|is
afine
or|imprisonment
shall be
not
incapable
more
than
holding
of
for years,]or
two
office
any of
and
both,
honor, trust,
the
employee
or profit
under the United States.
.- -=,.
11
__;Y EFFECTIVE:
09/16/94
58-4.2 Section
205. Activities
of Officers
and Employees
in
-Claims Against
and Other
Matters Affecting
the Government
! Government
employees
claims against the United States.
their
'
and
partners
prosecuting
"92 .
! The penalty forlviolating

Section 205|is
afine
orlimprisonment
not for
more
than two
years,]or both.
EFFECTIVE: 09/16/94
_Uniformed
I58-4.3 Section
206. Exemption
Services
of Retired
Officersthe
of
ExemptionRetired
of Officers
of theUniformed Services
from provisions
of Sections
203 and
205.] ' '
/*1 ._,'.
Y1-
92. Q_'..'-4 r
Sensitive
. _ i .a
PRINTED- 02/18/98
___
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. Sensitive
of Operations
and Guidelines
Part I PAGE 58
EFFECTIVE: O1/22/90
58-5 PREDICATION
- SeeSection 194-4
| l!Predicationbe
defined
may as those
facts and
circumstances would
public official
thatprovide
has engaged
in
a reasonable
basissuspect
or is engaged
to
in conduct
which ais
athat
violation Federal
of criminal
laws. Rumor
or
innuendo that often
circulates throughout
itself, sufficient
a community
to initiate
about public
officials
an investigation.
not,
is in
Also, official
misconduct, itself,
in maynot be
aviolationof Federal
law.
Specific articulable
and facts
or circumstances
from
a credible source
indicating
apossible
violation
of
Federal
law are
necessary. Unlike
reasonable suspicion,
there are
varying degrees
of
predication.
Different
types
of investigative techniques
require varying
levels of
predication.amount
intrusiveness The predication
of
sensitivity
andof required
is determined
by the
the investigative technique
being
contemplated.
! Predication
going and
up down fluctuates
dependent
on
the levelof throughout
aninformation
credible investigation,
presentanyatpoint
in time.
Information developed during an
investigation
the investigation decreases
which level
be discontinued
or the of
predication
that the type_of requires
that
investigative
techniques
being
utilized be scaled back terms
in intrusiveness
of and
sensitivity.
each subject Therefore,
of the predication be
investigation. Beforemust
CONTINUALLY
evaluated
initiating investigation
an for
orbeforeinitiatingnew a investigative
technique an within
ongoing
investigation,isitextremelyimportant thatthe factsand
circumstances
to ascertain
thoroughly
be
the accuracy
of
evaluated
to the fullestdetermine
the informationtoand
extent
possible
whether
the amount
of information
currentlyon
handsupportstype theof
investigation betoconducted
in termsof predication. This
corroboration
avoids always
compromise
of
themust accomplished
be
investigation, abut
manner
also inthat
averts not
only
premature
public disclosure
of the
a1legation s!
to thepublic official's
reputation. When
would
which likely
cause harm
corroborating the
information,
factors, careful
toincldde: considerationbe should
_given
to anumber of
a! TheCREDIBILITY
THEOF
SOURCE
- It is important
to ascertain
the specificity
and basis
of
the source's
of knowledge
the allegation.
It should
be determined
whetherinformation
the is
based
on
personalobservations
conversations,
and orwaslearned from
Sensitive
_ PRINTED: 02/18/93 _
_.. -- _. ;.i..,_;..z-n..i:.._-.-. ..-_..,.,...-.t._...,..._-.__._. -.__-_.___..,i.
..t_._ r.=-l_.-..l.i......1..--_.;_.....,..,.. c -__
T"92_92
C _1:l'.
.2 Sensitive

Part I PAGE 58 13
another source. Even an anonymous source may be deemed credible when

the information provided is in such detail that only an individual
with personal knowledge could have Provided it.
b! The RELIABILITY OF THE SOURCE - The track record

of the source for dependability and truthfulness is most important.
In those cases
where no track record exists, there
are other
indicators of reliability which may
be considered, such as admissions
against interests
by the source, the risks of making false statements
to an Agent
and/or the source's
professional or personal standing in
the
community.
c! The MOTIVATION or THE souncs Careful
scrutiny must be
given to the possible factors which could motivate
the source to furnish the allegation. Interviewing Agents should be
alert
for the source who is apolitical enemy of the official or may
in some way benefit from publicity about an investigation of the
official. In some cases, the source may believe that he/she has been
harmed in some way by the actions of the official. In addition, there
are many individuals who, while properly motivated to
report official
corruption, misunderstand the operation of Government or an official's
action. Their complaint may be based
on some misperception of what is
otherwise legitimate official conduct.
! Every effort
should be made to test the available
information i
d be
ed to
bi/515
examined to determine if there
exists some legitimate explanation for
the
alleged misconduct. Public officials enjoy considerable
discretion in their
positions and have many competing interests to
serve in making their
decisions. Some very appropriate reason may be
offered later
for the official action.
!t By properly evaluating and verifying the information,

the potential
for error and unnecessary injury is minimized, and the
public's confidence in the FBI's conductin corruption investigations
will not be jeopardized. Each field office should be CONSISTENT in
the level of predication required to initiate investigations and
utilize various investigative techniques. EACH PUBLIC OFFICIAL
DESERVES CONSIDERATION
AS TO PREDICATION, NOMATTER WHAT
POLITICAL
l PARTY, RACE OR
RELIGIOUS AFFILIATION TO WHICH THAT PUBLIC OFFICIAL
"92. l
BELONGS. In more difficult circumstances, FBIHQ should be consulted
Y?
-1: to ensure consistency in the decision making process on anational
Sensitive
PRINTED: 02/18/98
Sensitive

Part I -PAGE 58
basis.]
EFFECTIVE: 09/16/94
58-6 IPOLICY AND INVESTIGATIVE

PROCEDURES]
EFFECTIVE: 01/22/90
58-6.1 |General
! Public corruption investigations

are
viewed as among
the mostsensitive investigativematters thatthe FBIhandles. These
investigations demandacircumspectand prudentapproach since
much is
at stake
for any publicofficial whobecomes the focusof acorruption
investigation. Thelivelihood ofpublic officials is based
on his/her
reputation and character. As there
is usually intense media
attention
surrounding these investigations, the reputation ofthe official may
be adversely and irreparably affected. Media attention and
accusations of unfair targetingoften
accompany theseinvestigations
resulting in
additional pressure onthe investigatingAgent s! and
field
office management. Occasionally,
political influences
attempt
to affect the investigation and/or its outcome. It.is for these
reasons that executive management
must play an
active role in the
investigation by providing theattention, commitment and patience
necessary to accomplish the desired tasks. It is also
for these
reasons that FBIHQ alsomaintains close oversight overpublic
corruption investigations.
! The decision toinvestigateapublic corruption

matter mustbe personallyapproved by
the SAC,or in his/her absence,
the AssistantSpecial Agent
in ChargeASAC!, afteraconsideration of
the predication,i.e., facts or circumstances
which reasonably
indicateaFederalviolation forwhichthe
FBI has jurisdiction
may '
have occurred,
isoccurring, or will occur. Considerationshould also
begiven
to the presence
of reasonableinvestigative avenues_and
whether or
not it can bereasonably expected
that
a resolution may
be
achieved. ThePCU, FBIHQ
reviews thefacts.contained inletterhead
memoranda LHMS!
submitted
at the
opening of eachcase toensure
consistency of
predication on
anational basis. Thecomplexity
of
Sensitive
PRINTED: 02/18/93
... -..
._._.
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....-._.;
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7 I __i...__.-_.....;_»..__
'
' 92.....,.-...
. _
C: ,Sensitive
ManualInvestigative
of Operations
and Guidelines
Part I PAGE 58
these
matters
will cause
some difficult
decisions concerning
92initiating investigations.
PCUbe
consulted for advice. Inthose
cases, it isrecommended the that
! Highrimpactcorruption
public include
cases matters
involving present
or
cases highlighted
former
by the
highrranking
national news
prominent
or officials
or
media. High-ranking
officials
include Federal
elected officials,
Federal judges,
Presidential
appointees,
USAs AUSA!, departmental
and all attorneys,
persons byAttorneys
U.S.
covered
the ASSISTANT
USA!,
Independent Counsel
provisions
theofIndependent
Counsel Reauthorization
Act of
1994.
a! FBIHQ
authority is
required whenever
a
high-ranking
connection with
official,
listed above,
ANY investigative
is to
be interviewed
matter.
in
! All 58 matters
continuous attention.
are to
be afforded
immediate and
! to
It be
or decision isinfluenced
absolutely
essential
within
is theprove
to the
scope ofthat
the action
Federal
employee's and powers.
authority
Such
scope
is not necessarily
confined
employee
asstatutory
to
established authority,
byusagebut embraces
and customs duties
of performed
his/her by
the
agency.
! In
if theactionsolicitation
decision
or of bribeby
he/she
claims s!
aGovernment
ability
the to employee,
influence is
clearly outside
the scope
of his/her
powers
i, violation
of Title 18,
USC, Section
872 Extortion!,
may be
present. "
EFFECTIVE: 09/16/94
58-6.2PartPreliminary
Inquiry[Versus
I, 194-5.2.!]
Investigations
-
Full MIOG,
See
should! [All
be investigations,
designed RESOLVE
to whether
preliminary
allegations
the full,or"subject
regarding
each
inaTIHELY
manner.investigations
Full for
provide
the
full rangeof
investigative
predicate techniques
and
should
information
raisesa be initiated
reasonable whencorruption
suspicion combined
the
that
,;.
has occurred
and reasonable
investigative avenues
are available.
-
92
Frequently, however,
the FBI
receivesdevelops
or information
not
Sensitive
PRINTED: O2/18/98
_l__ ._........__..=.
._.....
1-L1
.:..i.._.._..~_~._._.__
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92
.-4?-<-. .
<92;gi
JSensitive
Part I I PAGE 58 16
deemed sufficientto predicatethe openingof a full
investigation,
but warrantingfurther inquiryon alimited basisto determinethe
credibility ofthe allegation.-This limitedinquiry usually
consists
of interviews,source
contacts, and/or record
reviews. Under
these~
circumstances,
the SAC may
authorize the
opening aofpreliminary
inquiry.
! |In an effortto minimize

potential damage
to
individuals reputation
and character,
preliminary inquiries
shall
be
completed
within
90 days afterthe initiation of the inquiry, with
extensions foreachsucceeding
30day period on an
"unless advised to
the contraryby the Bureau" UACB!
basis. Requestsfor extensions
should be
furnished byteletype toFBIHQ later
no thanfive working
days priorto theexpiration of
the 90-day
and/or subsequent
30-day
eperiod. Thisteletype should
include the
reason the
preliminary
inquiry could
not be completed in
the designated time frame and
the
needfor the extension. Apreliminaryinquiry
should be promptly
convertedto a full
investigation or closedas soonas appropriate
justification is achieved for either action.| u
/' .
'"
92
_! |The investigative
investigation, absent exigent
techniquesduring
circumstances, must
employed
any
_
avoid tothe extent
possible, adverse
consequences
to an
individual's
privacy and/or
damage to_reputation. As ore1im£n=rv ;na";,:s. 4- _-+ _ui - ~
T. be/L75
EFFECTIVE: 09/16/94
58-6.3 Initial Contact

with theProsecutor
-See|HIOG,
Part I,
194s.3.|
|!Upon the decision
to open
apreliminary
inquiry or
full
investigation, the responsible
USA/AUSA be
must
contacted
as soon
as practical and anopinion obtainedas to Federal jurisdiction and
commitment to prosecute if facts developedsubstantiate the
allegation. This doesnot
imply that theresponsible attorney
Y authorizes or directsthe investigation.If exceptionalcircumstances
6} logically
preclude contact with
the above
prosecutors, FBIHQ
<i_.f'
---.,l-» atwhich
time
advised,
an opinion be anshould
will obtained be
appropriate
from
' Sensitive
PRINTED: 02/18/98
_A___..._._._._.._i._.-.n;;__..____.....;.._.;.s..
_..i...._-.._.....'.;.I...-.;..a..-.'.'._-_-_
;.r..-:...'i;.;...;._.;.-..._..'_..92.
'
Sensitive
Manual of
and Guidelines
Part I PAGE
58
official
01!. .
ofthe Public
Integrity Section
PIS!, Department
of
Justice
the FBI ! Theof

should predicating
besufficient facts
presented
clarity to
the prosecutor
tosuggest theoriesby
possible
of
prosecutioninvolving SPECIFIC
STATUTES. Although
specific details
of the
alleged
guideposts to ascorruption
what may-be
kindof unclear,
the prosecutor
beshould
factual situation would up
set
prosecutable.
As theinvestigation develops
additional facts,
the prosecutor
should
refine the
opinionanin ongoing
process until
the indictment
stage.
A refined
early opinion
allowsthe
FBI to developan
investigative
plan directed
toward proving
identified elements
of specific
Federal
criminal statutes.
Athorough
initial
discussion with the
prosecutor
can eliminate wasted
extraneous record
investigation,
reviews.
reinterviewswitnesses
of and
! Duringcontacts with
the prosecutor,
an Agent
must be
aware that
the prosecutor
is often
primarily concerned the
with
legal
and prosecutive
aspects the
of investigation.
Asaresult,
discussionsAUSA's
with progress
normally
towards
discussing legal
issues and
often
ignore the equally
important issues
of predication,
intrusivenessthird-party
and liability
issues. AGENTS
SHOULD ENSURE
THAT THESE
ISSUES
ARE THOROUGHLYWITH DISCUSSED
THE
AUSA PRIOR
TO
CONDUCTING
ANINVESTIGATION
OR UTILIZING
APARTICULAR
INVESTIGATIVE
TECHNIQUE.
! AlthoughUSAs are necessarily political
appointees,
the qualityof individuals
appointed as
USAmakesextremely
it rare
for aperson's
political affiliation
to interjectitself inapublic
éoriuption investigation.
APPEARANCE
However, is
always
it wise avoid
politicalofpartisanship
to
or conflict
any
of interest,
and
therefore, dependent
on thecircumstances,
mayitadvisable
be the
for
USA recuse
to himself/herself
and/or his/her
office froma particular
investigation. Most
often, recusals
are initiated
by the
USA. Some
situations
call
for recusal the
of USAwithout the
USA being
advised
of anyfacts
regarding the case.If afield office believes
that
there shouldbearecusal and the USAis
unwilling to
recuse
himself/herself,iforthe matter cannot be openly
discussed
with the
USA toinitiate recusal,the PCU should be
contacted so
thatDOJ can
be consulted. In theseinstances, thePIS, DOJwill
assume
prosecutive responsibility
for theinvestigation.]
r#-
~..-.-
Sensitive
PRINTED°O2/18/98 V.
.____._..__K...--
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OPCA-20 l23-96! 0XXXXXX

XXXXXX
XXXXXX
':'792_ FEDERALBUREAU
OF INVESTIGATION
FOIPA
K ,__DELETED PAGE INFORMATION
SHEET
-I'
_i_ Page
withheld
s! at location
this
entirely
theOne
le.
inmore
or
theoffollowing
statements,
indica
explain this deletion.
E Deletions
were made
pursuant
the to
exemptions
indicated below
with nosegregable material
available for
release to
you.
Section 552
Section 5523
U b!! U b!! A! U d!!
l3/ b!! El b!! B! El i!!

I3 b!! El b!! C! III l<!!
El b!! D! El k!!
H4>><1><E> E1 l<!!
E1 b!! F! El k!!
E1 hm! U b!! [3 k!!

El aw! U b! 9! El l<!!
- iT El onto El <!!
Information pertained"
onlyto
a third patty
with no
reference
the
tosubject
of your
requestthe
or subject
of your
request is listed in
the title only.
El
Documents originated
with another
Goveniment agency
These
ies!.documents
were referred
to that
agenc!/ ies!
for reviewand directresponseto
you.
"Pages contain
information fumished
by another
Government agency Youies!.
will
be advised
by the
FBIas
to thereleasability
this
of information
followingour consultation
with the
other agency ies!.
Page s! withheld
inasmuchaas
nalrelease determination
has not
been made.
You willbe advised
as tothe
disposition at
a later date.
Pages were
not considered
for release
as they
are duplicative
of _
Page s! withheld
for the
following reason s!:
_ _
l3/ Thefollow number

is tobe u
M06 ISee .53
ference regarding
these pages:
51¢ ._ -
XXXXXXXXXXXXXXXX
X Deleted Page s! X
X N0 Duplication Fee X
X for this page X
XXXXXXXXXXXXXXXX
XXXXXX
XXXXXX
XXXXXX FBIIDOJ
.,__ ___,--- -,,_-~-------»i~~w-4-u-is-|.|....92|i=1=>---".;gu;.~._&#
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K7331
92;tg ;; Sensitive
"Manual of Investigative
Operations and
Guidelines
Part I A-
uni-_ 92
Z0
PAGE~58
--i,
r
I
>
92
B3!92 1
he
_he-
1"_92
I" . ;__-1'3
aea
.-ea
1--_u
EFFECTIVE: 09/16/94
[58-6.5 Arrest of PublicOfficials

Only under
unusual circumstances
should arrest
warrants be
requested from
the USA
or StrikeForce Attorney
in lieuof summonses
following indictment
or
issuance
of aninformation regarding
corruptionpublic
of officials.
Such unusual
an situation
would exist
when information
has been
received that
the sub'ect
t1
fleeing
d . .. to
avoid
legal
process. While . is
it recognized
Jcon
that
emp ates
the
final
ecisionto
issue a warrant
or
summons is theresponsibilit Eth
court
and the USA's
Office, FBI
policy, inthis regard,
known tothe USA's
Office.|
should made
beY° e1
Yr
92l92
' "-3-
Sensitive
PRINTED: 02/18/98
_s- - -- ~-1-er-'--..=._._..'.._-____...-as-;...';.l.L..;.._.-s;...;=..,...;....:;..._;.._..._....____=_-...
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,Sensitive

Part I PAGE 58 21
EFFECTIVE: 01/22/90
58-6.6 Bribe Payments See MIOG, Part I,194-5.6; Part II,

10l4.l.4.!
! |Clearly, the controlled payoff of apublic official

offers far more compelling evidence for the jury than the historical
testimony of witnesses of
past events. In
the latter situation, the
jury must rely on the recollection of
observations of
others. The
controlled payoff through an audio and/or video recording places the
juror right at the scene, and as ithas been said before, "tapes don't
lie." Agents should always be alert for the possibility of making
controlled bribe payments.|
! |Bribe payments to all public officials must be
authorized in advance by an appropriate FBI official, either SAC or
FBIHQ. The level of authority required depends on the amount of the
payoff and the level
of official being bribed. Bribes to officials of
amanagerial or executiverlevel or higher require FBIHQ approval.
FBIHQ authority is also required for bribe payments to
an official in
less than a managerial/executive level, if the amount of
the bribe
exceeds $20,000 $10,000 per recipient!. These approval levels apply
as well to UCOs. Approval of a Group I UCO does not automatically
include bribe payment authority.
! FBIHQ authority to pay abribe requires a teletype

setting forth the circumstances, particularly the details of the
official's solicitation or
demand, the anticipated scenario, the
identity of the public official, the amount of the payoff, and an
AUSA's prosecutive opinion that the controlled payoff will provide
evidence of a Federal violation and he/she is committed to
prosecution. l
A! During the controlled payoff, the Agent shou1d_bg__
cu/L12
/Iixh
' Sensitive l
PRINTED: 02/18/98 , _
,5-»->
,Sensitive
Manualof
Investigative Operations andGuidelines
PartI PAGE
58 -. 22
Ba/£7
E
' ! FBIHQ generallywill notapprove payments
to a
middleman the
in absence
of
recordedconversations the withpublic
official indicating
that thepublic officialis aware'that
money is
being
paid and
what the money
is being
paid for and
acommitment
bya
prosecutor toprosecute the
middleman. Payment
authorization for
middlemenbased
is on
the levelof thepublic officialthe middleman
allegedly represents.
Ifpayments
are authorized
to amiddleman, .'
appropriate measures
should be
made follow
to the
money theto
public
officia1.i /
EFFECTIVE: 09/16/94
x .|58-6.7 Closing Investigations
! The ultimate goalof

an-investigation is to RESOLVE
the allegations.This isparticularly truein investigationsthat
have
become known the to public and/or the
media. The investigation
of apublic official itself will doharm deservingor not!to the,
official's reputation
ifthe matter does
not reachresolution. J
Therefore, priorto closingapublic corruption investigation
a
thorough reviewmustbeconductedto ensure that all investigative
avenues
have
been pursued. Upon
closing apublic corruption
investigation without
resolution,
afield office must
documentthe why
matter cannot
be
resolved. An example
of theimportancethis
of is
that frequently,public officials whohavebeen
subjects of FBI V
criminal investigations,
are considered
for Presidential
appointments.
During theconsideration process,
the WhiteHouse requests
FBI records
checks which
results in areview of the substantive criminal
investigative file s! concerning the
official being
considered. If
the casehasbeen
closed and theinvestigation and/orfile
is
incomplete
asto
how the matter
was resolved
or why
it couldnot be
fesolved; the
decision
as
to the appointment
could be
most difficult
and may
result in
either a deserving
candidate not
being appointed
to
ajob or an undeserving candidate
being
appointed.
92
! Although it is advisable toseek priorconcurrence of
/"*:
the prosecutor,
PRELIMINARY INQUIRIES
may be
closed administratively
with thepersonal approval
of theSAC ASAC
in SAC's
absence!
when
Sensitive .
. PRINTED: 02/18/98
1- - -92~~»-=-|~---'-'--'-2:------=-.------ue-4Lani.-n....:..._.._ii-s_...;;._-.._..__.._.-_.....
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:'::'}ff-2
_§* ,Sensitive
Manual of
Part I PAGE 53 - 23
allegations are determined to be false or baseless,

or when the matter
obviously has no
prosecutive merit. Full investigations
may be_c1osed
upon completion of
prosecutive action or upon declination by the
prosecutor. Upon the closing of
all cases, preliminary inquiry or
full investigation, there must be written confirmation of
the closing
,with the prosecutor within
30 days
following closing. This
may be
accomplished by furnishing the prosecutor a copy of the closing LHM
that is being
forwarded to FBIHQ or by separate letter.
EFFECTIVE: 09/16/94
'58-7
I |INVESTIGATIONS|
EFFECTIVE: 01/22/90
Mg;
|587.l Bribery Hatters
! Ascertain the
identities of
the complainant and the
parties to the bribe, the purpose of
the bribe when possible!, and
the preliminary opinion of the USA regarding: ! the existence of
a
Federal violation, ! jurisdiction, ! entrapment, and !
commitment of prosecution ifthe allegation is substantiated.
! Bribes, by their very nature,

are secretive crimes.
Often payoffs are made in cash and are known
only to the parties
,involved '
Patti . ubag
to successful prosecution.
/mi ! Since complaints of

prospective payoffs generally
Q_.§P,indicate the
existence
of
a promise aor
solicitationof abribe, a
Sensitive
PRINTED: 02/13/98
._.. s. ..»- -L4-an.:.s...'ss.;__..=.;_..:_xa-lzA.£L-.£..l..:.'.L.nnI..i..;.__will
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,r"=--.
92i§ ,1 Sensitive
Part I _PAGE 58 - 24
crime may have

been committed within the definition of the statutes.
Discuss with the USA the desirability of obtaining an
arrest warrant,
92
summons, or oral authorization to arrest, prior to making the payoff.
1.
! In those cases
where aGovernment employee is the
subject of the investigation, obtain documentary evidence detailing
§ the official status
of the employee and the scope of that employee's
iduties. This should include those duties formally assigned to the
employee and those duties customarily executed by the employee, even
though there is no formal assignment
of same. J
! Ascertain the specific action to be taken by the~

Federal
official or employee as aresult of the bribe. -am
gar-+ -... -Q7.§'_J, -;_='.';p.
! In inyestigating complaints
made?by%§ed£5ali;:é l=»f§§
K Government
employees, be
alert for indicationsit§t§t§%F3H3?§I§§§§§§g
Government employee
may havesolicitedCthe_bribeCpayment,pbbt1report§d1_
the matteriwheq
theremployeebe£§§§gd
later th¬§?E§§tanc§?orj1;Q%§%§
y so1icit§ti5n§5f?§§b?ibe
b§game_knownf¬§5dthers:'**W%@W@@¢h@
: I . 1.5--~-'--=1~=1=,_;;I;_.
h P_ i migw
K -I "$¢ i!£>Consu1tFBIHQ ifthe SACbelieves circumstances
make
92~~ it inadvisable to discuss the complaint or any investigative
developments with the USA. r
9! If asuggestion or hint of abribe is made to a

I
Special Agent,
the Agent should immediately inform the SAC. The SAC
will-consult with the
inst
salms
EFFECTIVE: 01/22/90
||587.2 Conflict of Interest Matters

! Since many alleged violations may be technical in
nature, consult the USA promptly upon receipt of a complaint to
ascertain whether the USA will consider prosecution if the allegations
are verified through investigation, and for legal guidance the USA may
have to offer which may
be of assistance in planning the
investigation. .
Cf?I!$ The investigation

must establish
that the
subject was
Sensitive
PRINTED: 02/18/98
II _ 'AIA!92l~ -__ _.. _._ 1 _ ........__i A ._ e.111! ~_
n I... W
y¢-;|4
g
<92J¬§ Sensitive
Part I PAGE 53
aGovernment employee at the time

of the activity alleged to be within
the scope
of Conflict of Interest sanctions.
I! Diligent efforts must be made to cover

any impending
payoffs and to establish the nature and extent
of any prior
I compensation received by the Government employee, whether direct or
indirect.
! The sanctions against "Special Government Employees"

are less restrictive than those against regular employees; therefore,
the specific employment status ofthe Special Government Employee must
j be verified at the outset of
the investigation.|
EFFECTIVE: 01/22/90
I58-7.3 Bribes to or
From Jurors, Witnesses or
Non-Federal
Officials
! FBIHQ authorization is required to conduct

K9 investigations
; based upon requests by U$As or Federal judges
concerning complaints arising from trials of
matters in which the FBI
does not have primary jurisdiction, or in which the underlying
j investigation was conducted by another Government agency. FBIHQ
authorization is also required prior
to initiation of
investigation
into allegations of
the bribery of jurors in pending trials.
! Advise the USA immediately upon receipt of complaints

regarding violations connected with trials in progress or
about to
begin. Obtain the USA's
assurance that the presiding judge has been
informed and concurs with the initiation of an investigation prior
to
undertaking same.
Interviews with witnesses and jurors in such pending
92
cases should be conducted only upon the direction of the USA with the
authorization of the presiding judge. See also Section 72,
"Obstruction of Justice," in this manual.! Every effort should be
made to avoid'incidents which might permit claims of prejudice |or
provide grounds for a mistrial.|
EFFECTIVE: 01/22/90
Sensitive
PRINTED: 02/18/98
,-...~i-........-,~.o;-_i.;..=,.s..__._.._.=.;-.s.;..;ah-
' _
__.' i-.»;._.......___-...s..'._.;=.._.
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I...-;.=_
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Manual of
Part I
58*8
Sensitive
will prov
particula
"lookbadInvestigative Operations
' PAGE
and Guidelines
58
of
predic
throughou REPORTING REQUIREMENTS
specializ[Dueto the sensitive nature of

these investigations, FBIHQ
is oftenrly as to predication, potential thirdparty
ide close
oversight to all public corruption matters,
liability and
be succes
" issues. Steps are taken by FBIHQ to ensure that the level
potential ation necessary
tthe field. Also,
to initiate an investigation is uniform
as public corruption is a highly
facilitated investigative field with numerous issues, the PCUatFBIHQ
reporting
able to suggest investigative techniques which have proven to
sful and identify and offersolutions to various complicated
third-party liability and "look bad" issues. In order to
eoversight necessary to accomplish these tasks, certain
EFFECTIVE and administrative procedures have
been established.|
:09/16/94
58-3.1
of
signif
|High Profile Investigations
expected
! The opening of
interesticant investigations preliminary or full!
interest, i.e., those matters whichwould logically be
to FBIHQ to generate significant media attention and/or public
teletype on anational scale, require animmediate teletype submitted
contained the day of
should contain
opening
asynopsis of
the
in addition to required LHMs. This
same information to be
involving
in the opening LHM. Significant
high1eve1 public officials must be
developments in cases
communicated to FBIHQby
telephone or teletype. In these cases, expect periodic requests from
FBIHQ for interim status teletypes/LHMs..
! Any significant development in

any public corruption
case
which could receive national attention or cause
highlevel i.e.,
congressi onal or high-level executive branch! inquiry ofFBIHQ should
be report ed immediately to FBIHQ by the most expeditious and
appropria te
means.]
EFFECTIVE :09/16/94
.. A -. .._s,.s-__._.._.
._»....,_ -.._
,. ..._._I14'¢"Ia192I11L!-mi-lqnQ11iI1192Z'll_
- _..._ -__.-i_.9.-..-.....is-92..,-_.....,.=._.....-i..._, -__, _ ,, _ ..._
*¢er
lj§ Sensitive
Manual of
Part I PAGE 58
1 588.2 |Cover Airtel/LHM
92
In ALL public corruption cases,
an airtel original only!
I and LHM original and one
copy! must be sent to FBIHQ within 30
calendar days of
the opening of the case.
The LHH is disseminated to
the appropriate DOJ section, usually BIS or the Office of
Professional
Responsibility, or both. Sensitive information, statutorily
prohibited material, or source identities should not be disclosed in
the LHM. The field office should identify all sources referred to in
the LHM by name or symbol number, as
appropriate, in the
administrative section of
the cover
airtel. The LHMshould note
whether the matter is opened as afull investigation or preliminary
inquiry and should include the facts predicating the case,
the initial
I investigative steps
contemplated and the USA's opinionthat the
allegation s! indicate that aviolation of
Federal law may have
occurred and if proven, the USA is committed to prosecuting the
matter. A copy of the LHM should be provided to the USA's
0ffice.|
4/'
K~»i% EFFECTIVE:
09/16/94
53-3.3 {Case Conversion to Full Investigation
An airtel and LHM should also be submitted to FBIHQ at the
time a public corruption case is converted from apreliminary inquiry
to afull investigation, with justification for the conversion. It is
possible that preliminary inquiries opened on multiple subjects may
result in sufficient evidence being developed to convert the
investigation to afull investigation on some, but not all, of the
subjects originally named in the title of the case. If any subject is
being
eliminated as asubject of
the case at the time of
the
lconversion to afull investigation, that subject must be
fully
1identified in the LHM converting the case to afull investigation,
with complete justification for eliminating that individual as a
subject of
the case. A copy of that LHM must be sent to the
appropriate AUSA.|
EFFECTIVE: O9/16/94
Sensitive
PRINTED: 02/18/98
Al A - -_-,_~._.,.
._-..-..._....c-.2.-_.1-M-_ ..--.-_-.-...-.-..L.,s-_»....._._...-._-..
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.1-...../. .- .l..l_._.92..,__.
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-. ...... _ _
-' ~11. "'
in; , Sensitive
Part I PAGE 58 28
53a.4 |C1osings
! All full investigations in

known subject public
corruption matters where no prosecutive action has resulted require
closings based
on a prosecutive opinion. The prosecutive opinion
should address each individual who hadbeen namedas asubject of the
investigation at any time.
!A closing airtel
original only!
and LHM original
and one copy! must be prepared for each
investigation which
has been
concluded. This
final LHM mustrestate the
predication for opening
the
investigation, summarize investigative findings, detail the
disposition of the investigation AS TOEACH SUBJECT,
and provide the
opinion of the
AUSA. The LHM should also state why
a matter cannot be
resolved if no resolution can be reached. Any prosecutive action
should be detailed from indictment, information or complaint, through
plea acceptance, trial
disposition, and/or sentencing, as appropriate.
Ensure that descriptive data which will positively identify the
subject s! for indexing purposes is included in
the cover
airtel of
the closing LHM. THE DISPOSITION OF ALL ALLEGATIONS
OF CRIMINALITY
K, MADE AGAINST ALL SUBJECTS IN A CASE, TO INCLUDE CODE NAME CASES, MUST
BE ADDRESSED AND REPORTED IN THE CLOSING LHM.
! Administrative closings should show the steps taken

to address the allegations and explain why further investigation is
not warranted and/or possible.|
EFFECTIVE: O9/16/94
58-8.5 |Prosecutive Reports .
The decision regarding preparation of aprosecutive report

is left to the discretion of the SAC/field supervisor and should be
considered on a caseby-case basis. The complexity of the
investigation and needs
of the prosecuting attorney may
be determining
factors in this decision. Prosecutive reports are not to be routinely
disseminated outside the
DOJ.
Sensitive A
PRINTED 02/18/98
.; ,._a.-_-.-...-c-.-
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./?Et
Sensitive
'
Part I PAGE 53 -
EFFECTIVE: O9/16/94
>
| 58*8.6 |De1eted|
EFFECTIVE: 09/16/94
I 58-8.7 |De1eted[
'@"*tt EFFECTIVE:
09/16/94
92 it I
I58-9 , FIELD OFFICE
REQUESTS FI§ANCIAL
FOR DISCLOSURE STATEMENTS
_ OF
FEDERAL PUBLIC OFFICIALS
All field offices should direct all requests for

tfinancial disclosure statements which are filed by Federal public
92
officials under the Ethics in Government Act of 1978 to FBIHQ,
Attention: White-Collar Crimes Section, for handling. Included among
these
public officials are
United States Members of Congress, members
I of the Federal judiciary, and highranking officials of the executive
I branch. The request should include aconcise summary of the facts of
the investigation and justification for the financial disclosure
statement.|
EFFECTIVE: 01/22/90
I??
I9292_
.ii
4_:.."_.
t
Sensitive
PRINTED: O2/18/98
_C .._.......__'.4-.-.__.92-C.-.--cw ..-92___....._.__...92__
._.__,
Sens1t1ve
Manual Investigat1ve 0perat1ons and Gu1de11nes

Part I PAGE 58-
53-10 CHARACTER
- CORRUPTION
OF FEDERAL
PUBLIC OFFICIALS
CFPO!
58A
58B
CFPO
58C CFPO
Execut1ve Branch
Jud1c1a1 Branch
58D
CFPO Leg1s1at1ve Branch
CFPO Federal Br1bery - other
EFFECTIVE 10/13/95
58- VENUE
Lies in Jud1c1a1 d1str1ct where spec1f1c offense occurs
EFFECTIVE 01/22/90
Sens1t1ve
PRINTED 02/18/98
__ il. c-. -. 4m....'._..._._.._.._.-.i.1._._r-...i,....._.._r.1
s1__aI..._<-_-.L4_-
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_92 _-l..-.. -.. - ,. ._._-._._ ...._..<_.
92hOh ._._..,
/-
K43 ,Sensitive

Part I PAGE 60
SECTION 60. ANTITRUST
60-1 STATUTES
Title 15, USC, Sections 1-7, Sections 12-27 and Sections

13 a-c
EFFECTIVE: 01/31/78
6O1.l Sections 1-7
Sherman Antitrust Act of July 2, 1390 -7, Title 15!,

basic statute under which investigations conducted. Certain sections
read as follows:
at ! Section l
a! Trusts, etc., in restraint of trade illegal;

exception of resale price agreements; penalty
"Every contract, combination in

the form of
trust or otherwise, or conspiracy, in restraint of trade or commerce
among
the several States, or with foreign nations, is declared to be
illegal: Provided, that nothing contained in Sections 1 to 7 of this
title shall render illegal, contracts or agreements prescribing
minimum prices for the resale of acommodity which bears, or the label
or container of which bears, the trademark, brand or name of the
producer or distributor of such commodity and which is
in free and
open competition with commodities of the same
general class
produced
or
distributed by others, when contracts or agreements
of that
description are lawful as applied to intrastate transactions, under
any statute, law, or public policy now or hereafter in effect in any
State, Territory, or the District of Columbia inwhich_such resale is
to be made, or to which the commodity is
to be transported for such
resale, and the making of such contracts or agreements shall
not be an
unfair method of competition under Section 45 of this titleti Provided
further, that the preceding provision shall not make lawful any
contract or agreement, provided for the establishment or maintenance
of minimum resale prices on any commodity herein involved, between
manufacturers, or
between producers, or between wholesalers, or
between brokers, or between factors, or between
retailers, or between
Sensitive
PRINTED: 02/18/98
e UU-;.....;-..._.....'...s;.._.ll;...--.r.--..r...--.-.._i.-..___-.i..i.,_'.._
_-... .., ._ __......._.-a.l..-_.-.. .. ...__ -
,.,-
,Sensitive

Part I PAGE 60
persons, firms, or corporations in competition with

each other. Every
person who shall make any contract or engage in any combination or
conspiracy declared by Sections 1 to 7 of this title to be illegal
shall be deemed guilty of afelony, and,
on conviction thereof, shall
be punishable by fine not exceeding one million dollars if a
corporation, or, if any other person, one hundred thousand dollars or
by imprisonment not exceeding three years, or by both said
punishments, in the discretion of the court." As amended 8-17-37 by
Miller-Tydings amendment!
! Section 2-
a! Monopolizing trade a felony; penalty
"Every person who shall

monopolize, or attempt
to monopolize, or combine or conspire with any other person or
persons, to monopolize any
part of the trade or commerce among
the
several States, or with foreign nations, shall
be deemed guilty of a
felony, and, on conviction thereof, shall be punished by fine not
- exceeding one million dollars if acorporation, or, if any other
person, one hundred thousand dollars or
by imprisonment not exceeding
three years, or by both said punishments, in the discretion of the
court." -
! Section 3
a! Trusts in Territories or District of Columbia

illegal, combination afelony
H
Every
contract, combination in form of trust or
otherwise, or conspiracy, in restraint of trade or commerce in any
Territory of the United States
or of the District of Columbia, or in
restraint of trade or commerce between any such Territory or '
Territories and any State or States or the District of Columbia and
any State or States
or foreign nations, is declared illegal. Every
person who shall
make any such contract or engage
in any such
combination or conspiracy, shall
be deemed guilty of-a felony, and, on
conviction thereof, shall
be punished by fine not exceeding one
million dollars if acorporation, or, if any other person, one hundred
.thousand dollars or by imprisonment not exceeding three years, or
by
both said
punishments, in the discretion of the court."
! Section 4
,1
>.~
92.*¬ a! Jurisdiction of courts; duty of district
,§, attorneys; procedure
Sensitive
PRINTED: 02/18/98
-_ _,...__....._.-.._.._-_._i-_,_-.__."...._ _ _ _ _i A- _.____.=.-_..._-.....=. .._ .. an c ..,..__._.__»..-.".._"..-;,:;_
,_ Sensitive
_/ .

Part I PAGE 60
"The several district courts of the United

States are invested with jurisdiction to prevent and restrain
violations of section 1-7 of this title; and it shall be the duty of
the several district attorneys of the United States, in
their
respective districts, under
the direction of the Attorney General, to
institute proceedings in equity to prevent and restrain such
violations. Such proceedings may be by way of
petition setting forth
the case and praying that such violation shall
be enjoined or
otherwise prohibited. When the parties complained of shall
have been
duly notified of such petition and the court shall
proceed, as soon as
may be, to the hearing and determination of the case;
and pending such
petition and before final
decree, the court may at any time make such
temporary restraining order or prohibition as shall
be deemed just in
the premises."
EFFECTIVE: O1/31/78
60-1.2 Other Provisions
There are anumber of other laws which are supplementary

to Sherman Act and under which Bureau may be called
upon to conduct
investigations. These include:
! Clayton Act of 1914 Sections 12-27, Title 15!
a! Section 13 prohibits arbitrary price

discrimination as between different purchasers of like commodities,
where effect of such discrimination may be substantially to lessen
competition or.tend to create amonopoly inany line of commerce.
This
prohibition does not prevent price differentials which
make only
due allowance
for differences in cost of manufacture, sale,
or
delivery resulting from differing methods or quantities in
which such
commodities are sold or delivered. Further, the act does not
prohibit
price
differentials caused by changes in market conditions or in the
marketability of goods, such as
the actual or imminent deterioration
of perishable goods, obsolescence of
seasonal goods, distress sales
or
sales
caused by discontinuance of business.
b! Clayton Act_ Section 13! also prohibits payment

or acceptance of commission, brokerage or other compensation or
furnishing of
services of facilities upon terms
not accorded to all
purchasers on
proportionally equal terms.
Sensitive
PRINTED: 02/18/98
._..._..._..,l-.u.. -- __.._-'..t:.,.;_.....a_a:.~...-»92--391;;1
-L.-_~~_-->'»'-'---l:.1---
-1-'__
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A. .4.»
.;.-'_-;...s...n_1._'.-;.J
-..-..
/tZ Sensitive

Part I PAGE 60
c! Section 14 declares unlawful sales or lease

agreements which contain conditions prohibiting buyer or lessee from
using or dealing in goods, machinery or other commodities of
competitors of lessor or seller where effect of such agreement
may be
substantially to lessen competitionor tend to create amonopoly.
d! Section 15 providesthat any person injured in
his business or property by
violation of antitrust laws may
sue
therefore in any
district court of United States in district in which
defendant resides or is found or
has an agent, and shall recover
threefold the damages sustained,plus
cost of suit, including
reasonable attorney's
fees.
The Government may
recover actual damages
and cost of suit.
_ e! With respect to suits by

injured parties to
recover treble damages, mentioned above, Section 16 provides that a
final
judgment or decree
rendered in
any criminal or
civil prosecution
brought by
Government under
antitrust laws to the effect that
defendant has violated said laws shall be prima facie
evidence against
such defendant in any suit brought by
any other
party as
to all
Ll matters established
case.
'This does not apply
to
by
such defendant's conviction in Government's
consent judgments or decrees entered
before any testimony has been taken or to judgments or decrees in
actions brought by Government to recover damages.
f! Section 17 states, "The labor of a human

being
is not a commodity or article of commerce." This section provides
that nothing
contained in ant itrust laws shall
be construed to forbid
existence and operation of no nprofit labor, agricultural, or
horticultural organizations i nstituted for purposes of mutual help, or
to forbid their
members from lawfully carrying out legitimate objects
of such organizations.
g! Section 18, known as the "AntiHerger" section

of Clayton Act, prohibits acq uisition by
one corporation of any part
of the stock or
assets of ano ther corporation.where in any line of
commerce in any section of th ecountry, effect of such acquisition may
be substantially to lessen
co mpetition, or to tend to create a
monopoly.
This section does n otprohibit purchase of
stock solely for
investment, nor does it preve nt formation or ownership of subsidiary
corporations.
h! Section 22 provides that any proceeding under

"1--92. antitrust laws against a corp oration maybe brought not only in
district whereof it is an
inh abitant, but also in any district wherein
rigid it may be found or transacts business. Section 24 provides that
Sensitive
PRINTED: 02/13/93
__
WWe....._.__.__-e-..nh-d..~.la-1.-a_.¢.A.n-A-nan.-.2.-L2_
___,_.._'._
. __.._;_92
__'______
____-,_
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++'
,Sensitive
Manual of
Part I PAGE 60
directors, officers
or agents
of acorporation
may be
found guilty
as
individuals for illegal acts of
corporation if those acts were
authorized, ordered or done by such individuals.
!. Robinson-Patman
Act of 1936 Section13 ac, Title
15!
,This
act prohibits sales contracts which allow to
purchaser anydiscount, rebate, allowance, or advertising service
charge notavailable
to competitorsofpurchaser. Also prohibits
sales in any partof
U.S. at
prices lower thanthose charged
elsewhere, orsales at unreasonably low
prices, for purposeof
destroying competition or eliminating acompetitor.
! Miscellaneous
Section 32, Title 15, provides that no person shall

be prosecuted
for any transaction, matteror thing concerning which
he
.,....,_ may
testify or produce
evidence any
in proceeding
under Sections
ll1
of this title, but that he may beprosecuted for perjury committedin
so
testifying. Section 33states that this immunityextends onlyto a
natural person who, in obedienceto asubpoena, gives
testimony or
produces evidence, documentary or otherwise, under oath.
Department may request investigation under other statutes

not mentioned_above. In such cases, refer to appropriate_code
section. '
EFFECTIVE: 01231/vs
60-1.3 Elements
! To prove violation of Section 1, Title 15, it must be

shown that:
a! Acontract, combination, agreement

or conspiracy
has been formulated which has for its purpose
i b! The restraint
of trade
or commerce
among
the
several states
or with foreign nations
3- Note that this section outlaws perse any

illegal agreement which seeks to set up arestraint of
trade.
=l"1j3'
-.__.L7
Sensitive
PRINTED: 02/18/98
__ _,._......._._..._92_..t....._..i_;ia_a:..;,...i...._.».._._'...i,.-
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;;§v ,_ Sensitive
Manual of Investigative Operations and Guidelines '
Part I PAGE 60
' ! Section 2, Title 15, deals with monopoliesin
interstate or foreign commerce.Three possibleviolations exist:
a! The actual monopolization, or
b! The attempt to monopolize, or

c! A conspiracy to monopolize
'
Each of the above elementsmay beconsidered a
separate
and distinct offense.
! Section 3, Title 15, is

aimed against agreements
and
combinations inrestraint of trade
or commerce in
any Territory
of the
United Statesor in the District of Columbia
or between
any Territory
or the District of Columbia andany state
or foreign nation. The
section thus adds another jurisdictional element to the
statute.
! Penalty for violating any of the above three

sections
is a maximum fine
of $1,000,000if acorporation, or, if any other
person, $100,000, or imprisonment not exceeding three
years or both.
EFFECTIVE: 01/31/78
6O2 POLICY
! Departmental authority
Investigations conducted only at
request of Assistant
Attorney General AAG!incharge of Antitrust Division of Department.
Upon receipt of request for investigation from Antitrust Division,
FBIHQ forwards to interested field offices_copies of Antitrust
Division letter outlining general scope of investigation desired.
Request fromAntitrust Division to serve a civil
investigative demand
will be considered by FBIHQ andinterested field office will be
instructed to serve
demand if considered desirable underexisting
circumstances.
! Request from Antitrust Division representative in the

field '
a! Since investigations mustbe authorizedby AAG

in charge of Antitrust Division, no requests for investigation
received fromantitrust representatives in the field or from USAs!
Sensitive
PRINTED: 02/18/98
_. ,. ...-. ......_¢,
.'..'....-. .....-...;.....'..a.<_i_1.;.L-;.;_,.;-;-1.;»...,..Z-_'.._.._.;_.-..s_;.1_....i__
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1
Part I PAGE 60
can beafforded attention unless investigation has beenauthorized by
the AAGand byFBIHQ. In requesting investigation Department may
indicate that case will be handledby
a regional office of Antitrust
Division or by
USA.! .Thereafter, supplementary
requests may
be
received from regional antitrust attorneys or from USA.! Such re-
quests must.be in writing, and two copies of same are to be furnished
to FBIHQ.-Pursuant toDepartment's request,
FBIHQ furnishes
one copy
to AAG, Antitrust Division. If in an emergency,regional antitrust
attorney or USA! requests
investigation in a matternot previously
authorized byAAG and
FBIHQ, mattermay behandled
by telephone or
teletype.
b! Agents are to
serve civil investigative demands
as requested by the Antitrust Division only with the approval of
FBIHQ. Requestsreceived from regional offices of Antitrust Division
or from USA for Agents to serve demandsare to be in writing. Two
copies of requests are to be furnished expeditiously, as
warranted by
existing circumstances, to FBIHQwith SAC's
recommendation with
respect to serving same. Sufficient time is to be allowed FBIHQto
I reply if demand willbe served
unless advised to
the contrary by
FBIHQ.
92929292... FBIHQ
will consider approving anAgent to
serve ademandonly
when thedemand isdirectly associated with a request for Agents to
examine andanalyze records furnished in response thereto.
! Requests from USAs for
investigation of new case
D If USA requests
investigation of new alleged
antitrust
violation, not previously authorized by
AAG and FBIHQ,his attention
should be invited to departmental policy which requires prior
authorization by
the AAG before institution of anew antitrust case.
! Receipt of complaints
Upon receipt of
complaint in
field, thoroughly interview
complainant andobtain from
him information suggested under
"Investigative Procedure." Conduct noinvestigation and submit
closing report. One copyof
each report is forwarded by FBIHQ to
Antitrust Division.
! Advise officials of companies interviewedand those

requested to
furnish or give
access to files, books, and records that
Bureau investigationis being made atthe request of
the AAG incharge
of
the Antitrust Division, referring to him by
name.
.92
.,92. ! Involved and complicatedantitrust investigations
should
be assigned only to Agents with considerable experience in
Sensitive
PRINTED: 02/18/98
____ .__..__,.......-_.._._.-iu...
v...._ -. _ _ .. . . _. .,....-.._.-in--
hi.-....92>
.92_|......-.
-=92
/Sensitive

Part I PAGE 60
conducting this type of

investigation. In assigning Agents to assist
in these investigations, every effort should be made to afford
experience to additional personnel.
! Federal Trade Commission jurisdiction FTC has basic

responsibility for enforcement of Clayton and Robinson-Patman Acts.
Criminal prosecution handled by Antitrust Division of Department. If
itappears FTC hasinvestigated matter being
handled by Bureau,
Antitrust Division must be advised and duplication of effort avoided.
EFFECTIVE: 01/31/78
60*3 INVESTIGATIVE PROCEDURE
! Handling of original complaints
Where complaintoriginates in aBureau field office,

complainant should be=thorough1y interviewedand the following will
illustrate type of information which should be elicited from him:
a! Details concerning characterand courseof _
business in particular industry affected and astatement as to manner
in which the alleged violation has been accomplished. Usually, the
complainant is
a very satisfactory source of information, in that
being, presumably, an injured party, he is anxious to assist in the
investigation in every
respect. Ascertain his
exact position in line
of commerce; i.e., whether aretailer, wholesaler, etc.
b! Names and addresses of

all prospective
defendants and such detailed information as may be available
concerning their places in the industry, their parts in alleged
violations, and effect their activities have had on the entire
industry.
c! Names and addressesof all others engagedin the

industry who are not alleged to
have had apart inthe conspiracy. In
this
group an effort should be made to distinguish between those who
may have been injured by activities of prospective defendants and
those not so injured. Usually those injured in their business by
activities of prospective defendants will cooperate fully with
the
Government in investigation and prosecution.
d! Specific manner in
which alleged violation
effected by prospective defendants.
Sensitive
PRINTED: 02/13/98
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Sensitive

Part I PAGE 60 9
- e! Whether prospective defendants are members of a

trade association, and information as
to membership practices and
activities of such association. _
pf! Any other lines of inquiry to secure all

information in complainant's possession
violation. '
bearing upon alleged
'
! Exhibits
a! Exhibits located during»investigation, either

original documents or
copies thereof, should be properly identified by
Agent to permit his testimony as to location of same. .Identifying
data, including date and Agent's initials, should be placed
on
document so as not to invalidate it. If photographs or photostats
made, finished print
should be identified. If exhibits are numerous,
aseparate listing or
"Exhibit Control Sheet" may bemade to identify
/,...
them. Prepare copies
of such list for field, FBIHQ, Antitrust
Division, and USA's files}
b! Forward as enclosures to report properly

described on FD-204!, exhibits, exhibit control sheets, and original
signed statements to FBIHQ for transmittal to Department orto
appropriate Bureau field office for transmittal to regional antitrust
office or USA! handling
case. '_
Exhibits are to include all written material furnished by or obtained
from persons interviewed, such
as notes and written responses to
questions. _ ,
c! Copies of exhibits need notbe made for FBIHQ or
field office file unless advisable in view of contemplated future
investigation.
! Civil investigative demands and designation of deputy

custodians
'
Provision of the Antitrust Civil Process Act, Public Law
37-664, 9-19-62, Title 15, USC, Section 1311-1314!,
authorize the
Attorney General and the AAG, Antitrust Division, to compel any
corporation, association, partnership, or other legal entity, not a
natural person, under investigation to produce documentary evidence
relevant to acivil antitrust investigation, prior
to institution of
civil or
criminal proceedings, by issuance and service of awritten
<5 civil investigative demand. The legislation permits use of
Sensitive
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Part I
PAGE 60
information and documents so obtained in criminal antitrust

prosecution. Demands may be served by Agents but do not require
persons served or other officials or employees of the companies served
to respond to questioning by Agents. Agent may also be
designated by
the AAG, Antitrust Division, to serve
as deputy custodians of
documents so obtained.
a! In serving civil investigative demands approved

by FBIHQ, original and one copy are to
be furnished individual served.
Original isto be executed bycompany and forwarded by company to
custodian named therein. Copy isto be retained by
Individual company.
served
may be advised that
any questions relativeto demand
may bedirected to custodian named
therein. Immediately following
service of demand, Agent serving same shall
establish proof of service
by executing asigned certification, properly notarized, which will
identify by number
the demand served, name of the individual and
company, and date and place where
served. Submit original of
certification immediately to named
custodian and retain copy in field
,..-___
office case file. Advise FBIHQ promptly of service.
Q
....A records obtained by ademand, an
b! To facilitate Bureau examination and
Agent who will participate in the
analysis of
examination and analysis may be selected by SAC tobe designated by
AAG, Antitrust Division as deputy custodian of
records obtained by
service of demand. FBIHQ is
to be
promptly advised of identity of
Agent designated so
Antitrust Division can be
advised.
c! Agents are not to make material produced in

response to civil
investigative demand available to any individual
other than
Department
aduly authorized officer, member, or employee of
of
Justice without consent of custodian who must obtain
consent
ofperson who produced the material.
EFFECTIVE: 01/31/78
, , ____
.__-..»....¢_..._-.:c~;_L-_-'.'1.-4_....a.;_;L.i'.n.u..|_L'¢-n-2-...-l._._...--L_a
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Manual oInvestigative Operationsand Guidelines

Part I PAGE 60
11
60-4 VENUE
Action against
acorporationmay be
brought not
only in
district whereofit is an inhabitantbut alsoin anydistrict wherein
it maybe found or transacts
business; and allprocess in
such cases
may be served indistrict of which it is an
inhabitant, orwherever it
may be found. Majority of antitrustcases prosecuted as conspiracies
and usualrules
as to venuein
conspiracy cases
apply as to both
corporate and individual defendants.
EFFECTIVE: 01/31/78
60"5 PRIVACY ACT - REQUIREMENTS
When interviewing
anyone inthe aboveclassification,
except duringthe
criminal phases ofthe investigation, in
order to
solicit informationabout himself
or
his own activities,the
"I. interviewingAgent must
followthe
proceduresdescribedMIOG:
in Part
.i- I, 190-5,
subparagraphs
and.!.
!
When interviewing an individual to
solicit information
concerning someoneother thanthe
interviewee thereby classifying
that individualas asource of information!,except during
the
criminal phasesof theinvestigation, theinterviewing Agent
must
follow theprocedure relating
to promises
of confidentialityas
described in MIOG: Part I, 190-7.
EFFECTIVE: OI/31/73
60-6 CHARACTER ANTITRUST
EFFECTIVE: 01/31/78
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Part I PAGE 75
SECTION 75. BONDSMEN AND
SURETIES
75-1 STATUTES
Title 18, USC, Section 1506, paragraph2,

provides that
whoever acknowledges,
or procuresto be
acknowledgedin any court of
the U. S., any recognizance, bail or judgment, in the name ofany
other person
not privyor consenting
to the same, shall
be finednot
more than$5,000 or imprisoned notmorethan
5 years, or both.
Prosecutions are usually instituted under the perjury
statute T 18, Sections 1631,
1622!. Occasionally theconspiracy
statute may
be usedT 18,
Section 371! and
USA may
consider using
Title 18, Sections 494 and 1001.
EFFECTIVE? 0L/3r178
75-2 ELEMENTS -
See manual section on perjury.
EFFECTIVE: 01/31/78
75-3 POLICY
Bureau investigatesfraudulent criminal bail bonds in all

classes ofviolations of the
Federal criminal statutes. Fraudulent
bail bonds involve material misrepresentations andshould not be
confused with
forfeited bail bonds notinvestigated by
Bureau!
which
involve forfeiture of the bond based
on failure of principal to comply
with
terms of contract. Cases involvinghabitual or professional
bondsmen should
receive prompt
and thorough
attention. Bureaudoes
not investigateimmigration bonds
furnished inregardto
control and
regulation of admission anddeportation of aliens.
EFFECTIVE: 01/31/78
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Part I PAGE 75
75-4 INVESTIGATIVE PROCEDURE
! Affidavits of justification which are part of a bail

bond include information, such as
sureties' financial status, and
misrepresentations therein are usually the basis
for perjury and
conspiracy prosecutions.
! Afalse statement, under oath, made by aperson
justifying as asurety, or a false statementmade intestimony taken
before aU. S. Magistrate or other committing magistratemade bya
person justifyingas suretyon acriminal bail bond!, is
perjury.
! Fraudulent bonds
Following are suggested leads which mayvary depending on

allegation in each case:
a! Examine court
records. After becoming
acquainted with
the rules of the court, examine
case file in office of
clerk
of court in which
bond is filed
and obtain:
Names and addresses of sureties,
Name of principal, that is,

the defendant,
Principal amount of bond, as well as
docket
and/or
case number assignedto the bond by official taking the
same
and the clerk
of court,
Listing and description of the property claimed

1
by sureties, including legal
and generally known
description ofthe
property,
Statements made concerning value of such
property, whether
encumbrances thereon
were listed, and whether
or not
the surety had qualified on other bonds, and,if so, the amount,date
and character of the case in connection with which
the prior bonds
were furnished,
Name and address of official before whom the

bond was executed,
The nature of the charge in connection with

which the bond was furnished,
. .-w,
v--3
-- ""1;.,.
gr Date bond executed.
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Part I '
PAGE 75
b! Interview court official. He should be

questioned regarding taking of the bond.to determine whether
the
sureties were
placed under oath, and whetherhe, the committing
magistrate, made any record of such affirmation. Determine whether
sureties were
questioned and whether they gave any testimony with
regard to representations made
in
the bond.
In cases involving "straw
bail" the committing magistrate should be questioned concerning
evidence producedby the sureties to
show ownership of the property
listed in the justification of the bond. Sureties are frequently
required to produce taxreceipts, warranty deeds, and/orother records
evidencing ownershipof property. Any defect insuch evidence noticed
by the committing magistrate should be carefully noted and ~
investigated. _
c! Interview principal and intermediary. Interview

the principal and the person whomade arrangements
for obtaining the
surety to ascertain the circumstances underwhich the bonds were
executed by the subjects. Ascertain whether the principal was
acquainted withthe surety prior toexecution of the bond; whetherthe
surety solicited the business; or whetherthe surety was recommended
by a third party and, if so, the identity of such person.
' d! Check
title to property. Where it is indicated
that
surety does
not have title to property pledged, determinewhether
surety was
the record owner
of such propertyat the time bond
was
executed. Search
records of the registrar of deeds for full details
of ownership. Actual consideration, which is sometimes disclosed
by
internal revenue tax stamps, should be ascertained, if possible.
If no deed to the property listed can be found
on record in the office of the registrar of deeds for the county,
interview the grantor, whose
name usually will be
disclosed in the
justification of the bond,to determinewhether such person deededthe
property to the suretyand to obtain all details regardingtransfer of
the property, such as consideration paid, whether the grantor
delivered the deed to the surety. Property in question should be
visited to secure adescription thereof and to note whether property
is occupied and in particular whether it is occupied byaperson other
than the surety. The real owner of the property involved at time the
bond was executed should
always be interviewed and his testimony
obtained.
e! Check assessed
and market value of property.
Possible sources are tax records, neighboring property owners,
C contractors who made recent improvements, local real estate dealers,
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PRINTED: 02/18/98
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Part I PAGE 75
etc.
f! Check prior liens. The office of the clerk of

the recorder of deeds can provide appropriate index record books from
which maybe obtainedarecord of mortgages,tax liens, special
assessments, labor liens, judgments, etc., outstanding against the
property at the time the bond was executed.
g! Determine if property pledged on other bonds
which were still outstanding in state or Federal courts at time bond
which is under
investigation was executed.
h! Interview surety. This may determine whether

subject hasgood, unrecorded
title to property listed in bondand will
obtain his explanation for statements in affidavit.
i! Check authorization of agent of surety company
when bond furnished by surety company. Determine exact status of
agent for company at time bond executed.
EFFECTIVE: O1/31/78
75-5 VENUE
In district wherein material false statements are made.
EFFECTIVE: 01/31/73
75'6 CHARACTER - BONDSMENAND SURETIES
EFFECTIVE: 01/31/78
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Part I ' .PAGE 76
pSECTION 76. ESCAPED FEDERALPRISONERS,

ESCAPE AND RESCUE, ET AL.;
PROBATION VIOLATORS, ET AL.;
PAROLE VIOLATORS AND MANDATORY RELEASE
VIOLATORS
76-1 ESCAPED FEDERAL PRISONERS, ESCAPE AND RESCUE
EFFECTIVE: 09/20/89
76-1.1 Background
The Escapeand RescueStatute| ERS!,|Tit1e 18, USC,

Sections 751-757, was enactedon 9/1/58. [By MOU,effective 10/1/79,
the U.S. Marshals Service USMS! wasgiven investigative and
Q apprehension responsibility for violations
of Justice DOJ! directive
Apprehension inFBI andDEA Cases,"
dated 8/11/88,the USMS
of the ERS. By Department
concerning the "Policy on Fugitive
was given
the responsibility of apprehending Federal escapeesregardless
of the
nature of the Federal offense for which the prisoner was held,
but
does not specify that the USMShad investigative responsibility as set
forth in the 1979 MOU. This matter was clarified by DOJon
12/11/91.
DOJ ruled
that the FBI would maintain primary investigative
jurisdiction over conspiracy to violate the ERS pertaining to any
person s! whorescues, instigates or assists
in the escapeorplanned
escape ofaFederal prisoner from custody of an institution or
officer. A field
office wanting to conduct a fugitive investigation
only
must secure the specific approval of FBI Headquarters and
obtain
the concurrence of USHS. This can be effected through the
Fugitive/Government Reservation
Crimes Unit, Criminal Investigative
Division.|
EFFECTIVE: 09/07/93
76-1.2 Principal Statutes and Penalties
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Part I - PAGE 76
EFFECTIVE: 09/20/89
761.2.1 Section 751. Prisoners Escaping or Attempting to Escape

From Custody of an Institution or Officer
" a! Whoever escapes or attempts to

escape from
the
custody of the Attorney General or his authorized representative, or
from any institution or facility in which he is confined by direction
of
the Attorney General, or from any custody under or by
virtue of
any
process issuedunder the laws of
the United
States by any court, i
judge, or magistrate, or from the custody of an officer or employee of
the United States pursuant to
lawful arrest, shall, if the custody or
confinement is
by virtue of an arrest on acharge of
felony, or
conviction of any offense, be fined not more than $5,000 or imprisoned
not more than five years, or both; or if the custody or confinement is
for extradition or by virtue of an arrest or charge of or
for a
misdemeanor, and prior to conviction, be fined
not more than
$1,000 or
imprisoned not more than one year, or both.
Q " b! Whoever escapes or attempts to
escape from the
custody of the Attorney General or his authorized representative, or
from
any institution or facility in which he is confined by direction
of
the Attorney General, or from any custody under or by virtue of any
process issued under the laws of the United States by any court,
judge, or magistrate, or from the custody of an officer or employeeof
the United States pursuant to lawful arrest, shall, if the custody or
confinement is by virtue of alawful arrest for aviolation of
any law
of the United States not punishable by death or life imprisonment and
committed before such person's
eighteenth birthday, and as towhom the
Attorney General has not specifically directed the institution of
criminal proceedings, or by virtue of acommitment as ajuvenile
delinquent under
section 5034 of this title, be fined not more than
$1,000 or imprisoned not more than one
year or both. Nothing herein
contained shall beconstrued to affect the discretionary authority
vested in the Attorney General pursuant to section 5032 of this
title." I
EFFECTIVE: 09/20/89
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Part I PAGE 76
761.2.2' Section
752. Rescuing, Instigating or Assisting Escape
" a! Whoever rescues or attempts to rescue or
instigates, aids or assists the escape,or attemptto escape,of any
person arrested
uponawarrant or otherprocess issued
under-any law
of the United States, or committed to the custody of the Attorney
General orto any institution or facility by his direction, shall, if
the
custody or confinement isby virtue of an arrest on a charge
of
felony, orconviction ofany offense,be finednot more than $5,000
or
imprisoned not
more than five years,
or both; or, if the custody or
confinement isfor extradition or by virtue of an arrest or
charge of
or for amisdemeanor,and prior to conviction, be fined not morethan
$1,000
or
imprisonednot more
than
one year,
or both. '
" b! Whoever rescues or attempts to rescue or
instigates, aids, or assists the escape
or
attempted escape ofany
personin
the custody ofthe Attorney
General or
his authorized
representative, or
of anyperson arrested
uponawarrant or other
process issued
under anylaw of the UnitedStatesor
from any
institution orfacility in which
he is confined
by directionof the
Attorney General,
shall, if the custody
or confinement
is by virtue of
Q alawful arrest for aviolation of any law of the UnitedStates not
punishable death
by orlife imprisonmentand committed
before such
person's eighteenth
birthday, and as towhom theAttorney General
has
not specificallydirected theinstitution of criminal
proceedings, or
by virtueof acommitment asajuvenile delinquent under
Section
5034
of this title, be fined not more than$1,000 or imprisoned notmore
than one year, or both."
EFFECTIVE: 09/20/89
l I76-1.2.3 Section 753. Rescue

to Prevent
Execution
"Whoever, by force, sets at
liberty or
rescues any person
found guiltyin anycourt of the United
States of anycapital crime,
while goingto execution
or duringexecution,shall
be fined notmore
than $25,000or imprisoned
not more than twenty-five
years, orboth."
EFFECTIVE: 07/23/87
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PAGE 76
Part I
176-1.2.4 Section 754. Rescueof

Body of
Executed Offender
"Whoever, by force, rescues or attempts to
rescue, from
the custody of
any marshal or his officers, the dead body of an
executed offender, while it is
being conveyedto aplace of dissection
as provided by Section 3567 of
this title, or by force rescues or
attempts to
rescue such body from the place where it has been
deposited for dissection
in pursuanceof
said Section 3567,shall be
fined not more than $100 or imprisoned not more than one year, or
both."|
EFFECTIVE: 07/28/87
II76-1.2.5] Section 755. Officer or OtherPerson Permitting

Escape
H "Whoever, having in
his custody
any prisoner
by virtueof
1" 'process
1_ issuedunder the laws of
the United States
by any court,
- '7
rjudge, or commissioner,voluntarily suffers such prisoner to escape,
shall
be fined not more than $2,000 or imprisoned not more than two
years, or both; or if he negligently sufferssuch person
to escape,he
shall
be fined not more than $500 or
imprisoned not more than
one
year, or both."
EFFECTIVE: 07/28/87
||76-1.2.6 Section.756. Internee ofBelligerent Nation
aids or
entices
"Whoever, within
any person belonging to
the jurisdiction
the
belligerent nation or faction who is interned in the United
accordance with the law of
nations, to
escape
of the United
armed
forces
or attempt
of
to
States,
a
States
escape in
from the jurisdiction of

the United States
or from
the limits of
internment prescribed,shall
be fined not more than$1,000or
imprisoned notmore thanone year, or both."
[ WI,
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Part I PAGE 76
76-1.2.7 Section 757. Prisoners of War or

Enemy Aliens
"Whoever procures the escape of any prisoner of war held

by the United States or
any of its allies, or the escape of any person
apprehended or interned as anenemy alien
by the United States or any
of its allies, or advises, connives at, aids, or assists
in such
escape, on aids, relieves, transports, harbors, conceals, shelters,
protects, holds correspondence with, gives intelligence to, or
otherwise assists any such prisoner of war or enemy alien, after his
escape from custody, knowing him
to be such prisoner of war or
enemy
alien, or
attempts to commit orconspires to commit
any of the
above
acts, shall
be fined not more than
$10,000 or imprisoned not more than
ten years, or both.
"The provisions of this section shall be in addition to

and not in substitution for any other
provision of law."|
EFFECTIVE: 07/28/87
76-1.2.3 Section 1072. Harboring or

Concealing an Escaped Prisoner
Whoever willfullyharbors orconceals any
prisoner after
his escapefrom the custody of the Attorney Generalor
from aFederal
penal
or correctional institution, shall be imprisoned not
more
than
three years."
EFFECTIVE: 09/20/89
76-1.2.9 Miscellaneous Statutes
Title 18, USC, Sections 1791 and 1792, which deal with the
Bureau's substantive90 classification, Irregularities in Federal
Penal
Institutions, should be considered, if appropriate, in
connection withviolations of the sections enumerated above.See
Part I, Section 90 of this manual.!
EFFECTIVE: 09/20/89
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Manual of
Part I PAGE 76
76~l.2.l0 Violations Subsequent to Escape
Ifsubsequent Federal violations occur during or after an
escape, theFBI shallinvestigate these
separate
violations. In
these
cases, theFBI andthe USMSshall coordinate
their investigationsin
an effort to effect the escapee's
apprehension at
the earliest date.
EFFECTIVE: 09/20/89
761.3 FBI Jurisdiction
EFFECTIVE: 09/20/B9
76-1.3.1 cehere1| see

MIOG, Part
1,
761.3.10!.!|
.1
! By Department of
Justice|ruling 12/ll/91,
L primary|investigative jurisdictionjpertaining
to
conspiracyto violate
the ERSwasgivento
the FBI.l Accordingly,
the USMS, '
effective|l2/11/91,1has investigativeland
apprehension responsibility
only overthose subjects
who actually
escape
from
the custody of
an
institution or an officer. Any investigationconcerning conspiracy
to
escape
should be initiatedunder Bureau
classification 90,
Irregularities inFederal Penal
Institutions IFPI!.|
_! If|an|escaped Federal
prisoner EFF!
subject, within
the primary
jurisdiction ofthe USMSalso becomes
an FBIsubstantive
fugitive, ofcourse,]the FBI|wil1
seek
his/her apprehension theunder
substantive case,
but "O0"
must advise
the|U.S. Marshal| USM!
in the
district holdingthe warranty
of its fugitive involvementand notify
the
USM'soffice promptly
upon apprehension. This notificationwill,
of course,not changethe existingprocedure of advising theUSM in
the district where
the subject is located.
! Should an EFP
within the responsibility of
the USMS
become ajsuspect/subjectjin
an FBIsubstantive case
and "O0"
desires
to actively seek
the subject's apprehension
under theongoing
substantive matter,
this maybedone,
provided the USMSis notified
and thefugitive aspects
of thecase are an FBI-USHS
coordinated
effort. Of course, when
the fugitiveis apprehended
or eliminated as
alsuspect/subjectjinsubstantive
the case
which no
longer demands
FBI
Wu.fugitive
_ . I
I involvement,the appropraiteUSM must
'--<.';i~'
be notified.
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Part I PAGE 76
-7
! If any subjectof anexisting USMS responsibility

EFP
matter iswanted as afugitive in an
FBI substantive case,
the
existing "76"case should
be consolidated
and handled
as
a dual
character substantive case.
! If for somereason itshould become imperative

for an
office 0! to
initiate a"76" EFP! fugitive
investigation, involving
anon*FBIcase, advise
FBIHQ a
on
UACBbasis
of the factsdemanding
FBI involvement.
EFFECTIVE: 09/07/93
76-1.3.2 Prosecution
Investigative jurisdiction and responsibility

~'
'_
for|conspiracy
to
violate the ERS rests
with the
FBI effective" .
Qf 12/11/91.these
In matters,it is the FBI's
responsibility secure
to
~ '
aprosecutive
opinionfromthe
USA and preparereports suitable
for
prosecutive use.
EFFECTIVE: 09/07/93
76-1.3.3 Obtaining Process
! A prisoner who
escapes an
is automatic
fugitive. No
process whatsoever
is
necessary
in cases
involving escapes
after
convictions and sentencing.
! Inasmuchas removal proceedings may
be necessary
in
those cases
involving escapes
before conviction
and sentencing,
a new
warrant should
be obtained
on theoriginal substantive
offenseifthe
offense waswithin the Bureau's primary
jurisdiction.
! In those cases
in whichthe original offense was
not
within theBureau'sjurisdiction,
primary theUSA should
be promptly
contactedsothatawarrantmay be
obtainedunder
section 751.
lam
',
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-..92Ec_ ,._....
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HQ£ Sensitive
Manualof
PartIPAGE 76 - B
EFFECTIVE:
09/10/79
76l.3.4 Declination of
Prosecution or Dismissal of
Process
Ifthe USA declinesprosecution of
the escapee for EFP
or
later dismisses
the outstanding
EFP
process while theescapee
isin
Ifugitivestatus,
prosecution
the
fugitive investigationIshould
underthe
Escape andRescue
Act
continue.I
is anticipated
Whether
has no
bearing on
the
responsibility to locateFederal escapees
since
the
major objective
is to return them
to Federal
custody complete
to their
sentence or face the original pending Federal charge.
EFFECTIVE: O9/10/79
76"1.3.5 Escapeesfrom Residential

Treatment Centers,
Furloughs,
{ Iand Extended
of
Confinement
Limits
92m.
1* Those prisoners assigned
to residential treatment centers,
granted furloughs,
and/or extension
of
limits of
confinement
by the
Attorney General,
as
set out inTitle 18,USC, Section
4802, are
in
escape
status
within the Escape
and Rescue
Act when
they fail to
return
to their placeof
assignmentor fromfurlough as
provided by
Ithe instructions given
them and
fall
within theIUSHS'sIjurisdiction.
EFFECTIVE:
09/10/79
76l.3.6 INS Escapees
Aliens whoescapewhile
in the custodyof
the U.S.
Immigration and
Naturalization Service,
while being
held
administratively pending
deportation proceedings
or onthe basisof a
warrantof
deportation, rather than
asubstantiveFederal offense
such
as illegalentry orsmuggling, are
not subject
to prosecution
under
Ithe Escape and
Rescue Act
and are
to besought for
by INS.
EFFECTIVE:
09/10/79
TF-
IM-J,
$1
Sensitive
.PRINTED: 02/18/98
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Zia? Sensitive
and
Guidelines
Part
I PAGE -76
9
76"l.3.7 State Prisoners in Federal Custody
! Title 18, USC,Section 5003,authorized theAttorney
General to
contract with
officials of astate for thecustody of
a
state prisoner convicted in a state court.
! Aprisoner committed to
the custody
of the Attorney
General
under
this section who
escapesattempts
or to
escapeviolates
I Title18, USC,
Section and
751,falls
within theIUSMS'sI
jurisdiction.
EFFECTIVE: O9/10/79
761.3.8 Military Prisoners

Prisoners convictedand sentenced
by amilitary
court-martial are
subject to
prosecution EFP
for and
fall within
IfI theIUSHS'sIjurisdiction
the following
conditions
if exist:
F!
I AttorneyGeneralthe
by terms
The prisoner
was_committed
the custody
of thecourt-martial sentence.
When
toof the
-_,_,
these conditions
exist, theprisoner comes
into theconstructive
custodythe
of Attorney
Generalthe
at time
sentence
is
rendered
and
I thereby
becomes subject
to prosecution
for EFP
ifIhe/sheIescapes or
attempts to escape.
! The prisoner is
committedaplace
to of detention
operated by_the
armed service
by the
terms the
of court-martial
but is
subsequently.transferred
to
the custody
of the Attorney
General. When
these facts
exist the
prisoner must
actually come
into the
physical
I authorized
custody
of theAttorney General
or one
representatives
and theno£IAttorney
escape attempt
or toGeneral'sI
escape before
this act can be applied.
EFFECTIVE: 09/10/79
.':._|_.
92
92
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Part I PAGE 76
76-1.3.9 Escapes From Local Custody Where aFederal Detainer has

been Filed or the Subject has been Federally Sentenced
'
Concurrently or
Consecutively to the State Offense
! When asubject in
state custody has been charged
federally with an offense under the FBI's jurisdictionand the Federal
detainer has been filed
but the Federal warrant has not been executed
I and
the subject escapesfrom local custody,lsubject|is a Bureau
fugitive under the substantive Bureau offense and should be located
and apprehended on the basis
of the original warrant charging
l |subject|with the Bureau offense.
! When asubject has been convicted of a state offense
and while instate custody the Federal warrant has been executed and
the subject is
convicted of a Bureau
or non-Bureau Federaloffense and
sentenced concurrently rather than consecutively to the state offense
and escapesfrom local custody,|subject|is an EFP underthe Escape and
l Rescue Actand should be located and apprehended|bythe USMS.|
! When'a'subject
in state custody has been charged
Q... federally with
detainer has
an offense not under
been filed
and
the
the subject
FBI's jurisdiction
escapes from
and Federal
local
I custody,|subject|is not an
EFF or Bureau fugitive.
The office
covering the place of escape mayinstitute afugitive investigation
under the Fugitive Felon Act if requested by the local authorities.
! When asubject has been convicted of astate offense
and while in state custody the subject is convicted for aBureau or
non-Bureau Federal offense but has not yet been sentenced federally or
has been federally sentenced consecutively rather than concurrently
l and the subject escapesfrom local custody,|subject|is not an EFP or
Bureau fugitive. The office
covering the place of escape may
institute a fugitive
investigation under
the Fugitive Felon Act if
requested by the local authorities.
! The above examples should be distinguished from the
situation in which asubject is arrested by the FBI or another Federal
agency andis
temporarily lodged in astate facility pending his/her
appearance beforethe U.S.
Magistrate. Ifthe subject escapes from
this state facility, he/she is an EFP and since he/she escapedprior
to conviction, anew warrant should be obtained on the original
process if the offense was within the Bureau's
primary jurisdiction.
In
these instances the case
should be worked out of the substantive
matter and EFP added to the character. The fugitive aspects should be
coordinated with the USMS and EFP prosecution, by no means,
overlooked. In those cases in which the offense was not within the
Sensitive
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Manual of
Part I PAGE 76
Bureau's primary
jurisdiction, the USMS should
handle.
EFFECTIVE: 09/10/79
76-1.3.10 Escapes From Civil Confinement

! The Comprehensive Crime Control Act of
1984 CCCAof
84! was enacted into law on 10/12/84. This Act was responsible for a
significant numberof
changes in the Federal criminal justice system
including escapes from Federal civil confinement in EFP matters.
! Chapter X, Part L, of
the CCCAof
84, entitled
"Escape From
Custody ResultingFromCivil
Commitment," amends the
Recalcitrant Witness Statute, Title
28, USC, Section 1826, by adding
Subsection c!. Subsection c! covers an escape by an individual who
has
been civilly confined for
refusing to testify before a Federal
court or grand jurypursuant toSection1826.
,Subsection c! also
covers the escape byan individual following averdict of
not guilty
only by
reason of insanity and subsequent confinement pursuant
to the
civil commitment statute, Title 18, USC, Section 4243, added
by
Chapter IVof
the CCCA
of
84, entitled-"Insanity Defense
Reform
Act of
1984." In addition, Subsection c! also covers attempted escapes by
individuals confined in
the above situations and individuals who aid
or assist in such escapes or attempted escapes. Violators are subject
to imprisonment for
a maximum of three
years and afine ofup to
$10,000.
! It should
be noted that under prior law, persons who
escapedfrom
confinement resulting fromacivil contempt orderunder
Section 1826 could not be prosecuted since the Escaped Federal
Prisoners Statute, Title 18, USC, Section 751, was limited to escapes
from custody or confinement by
virtue of
an arrest or conviction.
Section 1826 c! was passed to remedy
this situation.
p! Subsection 1826c! applies from the momentthe
verdict of
not guilty only by reason ofinsanity is announceduntil
the subject is released after asubsequent court hearing under Section
4243 c!, or is unconditionally releasedby Federalauthorities, or
until astate authority takes custody of him/her.
Furthermore,
Subsection 1826 c! does not require that the abovermentioned escapes
occur while the individual was held under
actual guard
or direct
physical restraint; therefore, custodymay beminimal orconstructive.
! Investigative jurisdiction between the FBI and the
Sensitive
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...92:_4. ._._ a_ ._.._
Sensitive
Manual of
Part I PAGE 76
USHS over Subsection 1826 c! escapes and subsequent criminal activity

by the subjects is identical to the respective jurisdictions dictated
by the DepartmentofJustice]ruling|pertaining to
EFP matters as set
I forth
in|76l.3.1.| '
EFFECTIVE: 09/07/93
76l.4 Notification Concerning Escapes and Apprehensions
EFFECTIVE: 09/20/89
76-1..1 Bureau of
Prisons
The Bureau of
Prisonsl BOP!|facilities should notify the
nearest|FBI office
and|USHS office
and furnish the details of each
escape. |The
FBI shouldbe notified of
escape conspiracy information
which becomes known to the BOP.| 0
EFFECTIVE: 09/07/93
76-1.4.2 Bureau Office
! In
liaison contacts ensure that all escapes
involving|conspiracy or|anotherFBI violation are promptlyreported to
the appropriate FBI office so
that substantive investigation and FBI-
USMS coordinated fugitive inquiry can be initiated.
! FBIHQ should be promptly notified by teletype in

those instances involving a major mass escape orthe escape of a
criminal having considerable notoriety of
interest to
the FBI.
! Upon the location of

apprehension ofthe EFP, the USM
of
the district where located or apprehended shouldbe immediately
notified and requested to take custody.
j| -. -
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Part I I PAGE 76
EFFECTIVE: 09/07/93
761.5 Investigative Procedures
! Investigation should be given preferred and

expeditious attention as soon as the escape is
reported in order to
promptly apprehend the escapee before he/she is
able to leave the
general area where the escape was effected.
! Adefinite, prearranged counterescape plan should be

formulated concerning roadblocks, terrain search, notification to
local police agencies and other investigative steps which, if logical
and appropriate, can be immediately utilized.
! The prison official reporting the escape should be

interviewed regarding the complete details of the escape. This
information should be recorded on an FD302 as possible testimony in
the"event the
escapee is later prosecuted for-EFP.
! An Agent should promptly examine the subject's

prison
records to obtain any additional information of lead value.
! The office of origin should promptly request the
office covering the territory in which the escapee was convicted to
review appropriate records and set out the necessary leads in an
effort to apprehend the subject.
! When reports concerning missing prisoners are

received, close liaison must be maintained so that ifit proves to be
an escape, investigation can be immediately instituted.
! Upon the escapee's
location or apprehension he/she
should be interviewed in detail regarding his/her escape to ensure
successful prosecution.
EFFECTIVE: 09/20/89
76-1.6 Office of Origin
Sensitive
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..92....- ....._.. if _ _
Sensitive
Manual of
Part I PAGE 76- lb
EFFECTIVE: O7/11/85
76-1.6.1 General Rule
! The office of origin shall be that office covering

the place of
the escape, attempted
escape,or
other offense.
! Once an
escaped Federal prisoner has been apprehended
the office of
origin must promptlynotify the correctional institution
from which the subject escaped.
EFFECTIVE: D7/11/35
76-1.6.2 Exception Case
Whenaprisoner is released on furlough from a-facility in

one
territory to voluntarily report for permanent transferto a
C facility in another territoryand prisoner
fails to reportas
required
escapes!, theDepartment has held
that venuefor
EFP prosecution is
where thesubject wasrequired andfailed to report. Therefore, the
office coveringthis location will
act as
the office oforigin in
directing the fugitive investigation andwill
also present theEFP
violation for prosecutive opinion. Only when investigation
specifically authorized
by
FBIHQ.! i
EFFECTIVE: 07/ll/85
76-1.7 Venue
Prosecution shall
be in the district in which the escape,
attempted escape,or other offense wascommitted.
EFFECTIVE: 11/08/78
W-492
Qi
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92c;w

Part I PAGE 76
76*1.8 Reporting Procedures See
HIOG, PartI, 25-1O, 762.9,
76-3.13, 8812, 1157 & Part II, 21-29.!
! No communication needbe submitted to FBIHQ at the
outset of
a routine nonfugitive investigation handled under the Escape
and RescueStatute; however, should good judgment dictate that FBIHQ
and/or the Bureauof
Prisons Headquarters be
advised of such inquiry,
ateletype or airtel, together withLHM ifdissemination desired!,
should be submitted to FBIHQ.
! If the subject of an
escaped Federal prisoner or
Escape and
Rescue matter
isplaced in afugitive status, twocopies
of
an FD-65 shouldbe promptly forwarded to|FBIHQ, and one copy
submitted directly to the Savannah InformationTechnology Center
SITC!,lby the
office of origin. Uponthe fugitive's
apprehension or
location, the locating office must promptly notify FBIHQ by teletype
at least
ROUTINE in precedence!,followed by
Form FD-515 entryinto
the Integrated
Statistical Reporting
and Analysis
Application ISRAA!.
The office of origin
must ensure that
all auxiliary offices are
2 notified'by teletypeto discontinue.
92. ~! One copy of aProsecutive Report shouldbe submitted
to FBIHQupon theauthorization of prosecution bythe USA,or whena
specific requestfor such report is madeby
the USA orFBIHQ.
! In reporting the results of prosecutive action
following thesubmission a
of
ProsecutiveReport, while
Form R-SA
if
applicable! isto be
forwarded to FBIHQ,
aseparateletter
airtel
with LHHif dissemination desired! should also be
submitted detailing
the final disposition of
each subject. The required letter should
note that Form FD-515has been entered into the ISRAA.
EFFECTIVE: 10/11/94
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1: _ _
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,.H%
r Sensitive
Manual of InvestigativeOperations and

Guidelines PAGE 76 16
1 Part I
921761.992 Character
l! Escaped
Federal Prisoner,
applies to
all escapes
and ,
attempted escapes
under Section
751.
! Escapeand Rescue,
applies to
all othercases under
Sections 752, 755, 756, and 757.
! EscapedFederal Prisoner
- Harboring,
applies to
cases
under Section 1072.
! Irregularities in
FederalPenal Institutions,
applies
to all violations of
Sections 1791
and 1792-which
arise
fro m
investigations ofthe sectionsenumerated above.
EFFECTIVE: 11/08/78
If 76-2 PROBATION VIOLATORS
EFFECTIVE: 09/20/89'
76-2.1 Background
|By
Marshals Department
USMS!Justice
Service Title
under of
18, directive
USC, datedl8/11/88,|the
Sections was U.S.
365l3656,given
the responsibility
for theapprehension
all Federal
of probation
vi1 t o aors
PBV!
_ With
. the specific
. . approvalFBIHQ
of the
andconcurrence
of the
USMS,
an office mayconduct such
an inquiry.
EFFECTIVE: 09/20/89
Sensitive
PRINTED: 02/18/98 _ .
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Qt , Sensitive

PAGE 76 - 17
Part
I
76-2.2 Principal Statute

- Section 3651- Suspension
of Sentence
and Probation
"Uponentering a judgmentof conviction

of any offense not
punishable
by death or life anycourthavingjurisdiction
imprisonment, to
try offensesagainstthe UnitedStateswhensatisfied
that the
ends of
justice andthe best interest of
the public
as well
as the defendant will
of sentence and
be servedthereby, maysuspendthe
imposition or execution
placethe defendant
onprobation
for suchperiodand
upon suchtermsand
conditions
as the court deems best.
Upon entering a judgmentof conviction of any offense not

punishable
by deathor life imprisonment,
if the maximum
punishment
providedfor such
offense is more thansix months,anycourthaving
jurisdictionto try offenses
againsttheUnitedStates,when
satisfied
that the endsof justice andthe
best interest of the public as
well as
the defendantwill be servedthereby,mayimpose a sentencein excessof
six monthsand provide that the defendant
be confinedin a jail-type
institution for a period not exceeding six monthsand that
theexecution
*"> probation
deems
best.
of the remainder
of the sentence
be suspended
for suchperiodand'upon
andthe defendant
suchtermsandconditions
placedon
asthe
court '
Probationmay
be grantedwhetherthe offenseis punishable
by
fine or imprisonment
or both. If anoffense
is punishable
bybothfine
andimprisonment,the courtmayimpose
a fine andplacethe defendant
on
probation
as to imprisonment.Probation
maybe limitedto oneor more
countsor indictments,but, in the absence
of expresslimitations, shall
extend to the entire sentence and judgment.
s ll Thecourtmayrevokeor modify
any conditionof probationor
maychange
theperiod
of probation.Theperiod
of probation,
together
with anyextension
thereof, shall not exceedfive years.
"While
on probationand amongthe conditions thereof, the
defendant
maybe requiredto paya fine in oneor severalsums;
andmay
be
required
to makerestitutionor reparation
to aggrieved
partiesfor actual
damages
or losscausedbytheoffense for
which conviction washad;and
maybe requiredto providefor the support
of anypersons,for whose
support
he is legally responsible. S l '
"The defendant's
liability for any fine or other punishment
imposed
asto which
probation
is granted,
shallbefully discharged
bythe
gm fulfillment
of theterms
andconditions
ofprobation."
. ya
. _:4
fw
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Manual
Part Iof
Investigative
PAGEOperations and
Guidelines 76 - 18
EFFECTIVE: 09/20/39
762.3 Definition
For Bureau
purposes,
aprobationviolator fugitiveis asubject
for whom
aprobationviolator bench!
warrant wasissuedbyaU.S.
District Court
and whose
location is
unknownthe
at time
the warrant
is
issued.
EFFECTIVE: 09/20/89
7642.4 Requests for

Assistance
! Investigation should notbe initiatedby anoffice.
" W| If
assistance
referred toisrequested,
the USMS. any FBIHQ
Specific such
requests should,
afterl8/ll/88,|
approval must
be be
obtained
and
USHS*
L" without
5 concurrence veryviolation.
and
asubstantive
unusual
circumstances
existmust
for
FBI '
involvement
I! If, after|8/ll/88,|a
new PBV
subject,
within
the primary
jurisdiction
of
the USMSbecomes
also FBIansubstantive
fugitive,
of
course, will
we seek
his/her apprehension
under the
substantive
case,
but
"O0" must
advise the
USM the
in districtholding the
warrant
of
its -
fugitive involvement
and notify
USM's
promptly
officeapprehension.
upon
This notification
will, of
course,not change
the existing
procedure of
advising the
USM the
in districtwhere-the subject
is located.
I! Should, afterl8/11/88;la
PBV within
the responsibility
of
the USMS
becomeasuspect
in an
FBI substantive case
and "00"
desires to
actively seek
the subject's
apprehensionthe
under
ongoing
substantive
matter, this
may bedone provided
the USMS
is notifiedand the
fugitive
aspects
of
the case are
an
FBI-USMScoordinated effort.
Of
course,when
the fugitive
is apprehended
or eliminated
as asuspectthe
in substantive
case which
nolonger
demands FBI fugitive
involvement,appropriate
the USM
must be notified.
! Ifany subjectofan existing USMS

responsibility PBV
matter iswanted aasfugitive in anFBI substantive
case, the
existing
"76" caseshould beconsolidated and
handled as
adual character
substantive case.
Q J.
0'--.-
3. ,._:-ti
! Ifforsome
reason
itshould
become for
imperative
an
"00"
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i.
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,/
Manualof
Part I PAGE 76
- 19
to initiate a"76" PBY! fugitiveinvestigation, involvinganonFBI case,
advise FBIHQ
on a UACB basis
of
the facts demanding
FBI involvement.
EFFECTIVE: 09/20/89
76-2.5 Preliminary Investigation

In addition to the usual fugitive investigation, the following
sources should
be contacted
at the outsetof
the investigation toobtain
information of lead
value.
! The U.S. ProbationOfficer to whom the

subject was
placed
under supervision.
! The USM towhom thewarrant was forwarded.
EFFEcT1vE:>09/20/89
Q,
76-2.6 Apprehension or Location 92
! When aprobation violator is

apprehended violator shouldbe
turnedover
to the nearest
USM. If located incustody, the
USH shouldbe
advised of
violators location. I
! In addition, thenearest U.S.
Probation Officer
should be
notified of
the subject's apprehension
or location.
EFFECTIVE: 09/20/89
76-2.7 Prosecution
Probation violation is anonprosecutable offense. When

apprehended,court themay
revoke the
probation andrequire
the subject to
serve theoriginal sentence
imposed, or
any
lesser sentence, and
if
imposition sentence
of suspended,
was may impose
any sentence which
might
originally have been imposed.
Sensitive
PRINTED: 02/18/93
-.....92_.-...,._I...._...-.-n......;._.la>_,_.~..st...l..r.;.r.za.._e.._._..=_-__._..~
' '
-_ --. A. .4=.'I.--92.-->~..a
-- 92" eI -._.-_i_.,.;....._...__,.-=.l..._._92
'._-' . _ __ ..__.__...
_,..-.a-_-_...-_l._._.-
.__.._.
."92:
Cgw_ensitive
i1Q S..
Hanual
Part I ofInvestigative Operations
and Guidelines PAGE-20
76
EFFECTIVE: O9/20/89
762.8 Office of Origin

The office
of originshall bethat
office in whose
territory the
probation violator
warrant was
issued for
the subject.
EFFECTIVE: O9/10/79
76*2.9 Reporting
ProceduresMIOG,
See Part
I, 25-1O,
76*l.8,
76-3.13, 83'12,
115-7 &Part II,
21-Z9.!
! Upon initiating aprobation
violator investigation,
two copies
ofan
FD-65must promptly
be forwarded
to|FBIHQ,one
and
copy submitted
directly the
to Savannah
Information Technology
Center
ii =-location,
SITC!,|by office
of origin.
the locating
the
office
the Upon
fugitive's
apprehension
must promptly notify
FBIHQteletype
by
at least ROUTINE
in
precedence!,
followedForm
by FD515
entry into
the Integrated
and Analysis
Application ISRAA!.
The office
of
origin must ensure
that
all auxiliary offices
are
notified byteletype todiscontinue. _
! As ageneralrule, Prosecutive
Reports are
not
requiredprobation
in violator
cases
and, therefore,not
aretobe
submitted FBIHQ
to unless
aspecific request is
made for
same.
EFFECTIVE: 10/11/94
762.lO Character
Probation Violator
PBV!. The
original substantive
offense
should
not be included
inthe character.!
EFFECTIVE: 09/10/79
Sensitive
PRINTED: 02/18/98
.=.....'.;o.;..-l=.-..;;.;..=.;;_..-.:..;:0......e.....-sis;-;=...=.a,.--x..;;;....i_-La........,;.i....;-..i.;.........-.
_ i._ .. .... _ _
:25; Sensitive
Part
I ' PAGE76
- 21
76-3 PAROLE
VIOLATORS
ANDMANDATORY
RELEASE
VIOLATORS
EFFECTIVE: 09/20/89
763.1 Background
I ByDepartment
ofJustice
directive
dated|8/ll/88,|the
U.S.
MarshalsService USMS!
wasgiven the responsibilityfor apprehending
all
parole
ViolatorsPV!,Title
18, USC, Sections
4202&207,
and
5037, and
mandatoryreleaseviolatorsMRV!,Title 18,
USC, Sections
4161-4166, when
referredfor assistance
by theU.S. ParoleCommission
USPC!.Withthe
specificapprovalof FBIHQandtheconcurrence
of theUSMSandUSPC,
an
office may conduct
such an inquiry.
EFFECTIVE:
09/20/89
I ,
763.2 Principal Statutes
EFFECTIVE: 09/20/89 T
76-3.2.1 Section4202.
Adult PrisonersEligible for Parole
"A Federalprisoner, other than
a juvenile delinquentor a
committed
youth offender,wherever
confined
and
serving a definitetermor
termsof overonehundred
andeightydays,whose record
shows that he has
observedthe rulesof
the institutionin which
he is confined,may
be
released
onparoleafter servingone-third
of
such termor termsor after
servingfifteen yearsof
a life sentence
or of a sentence
of over
fortyfive years."
EFFECTIVE: 09/20/89
Sensitive
PRINTED: 02/18/98
_u n. .-s-. Aml-_.:.;...:.;.L:-:;:.;;2;.4='-I-..x;;vs.;;-1;.:L-.l;-;_.;...'._.._."
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L§$ISensitive
Part I PAGE 76
22
76-3.2.2 Section 5017. Release of Youth Offenders
" a! The Division mayat any time after reasonable notice
to the
Director releaseconditionally under
supervision acommittedyouth
offender.When,
in the judgmentof the Director, acommittedyouth
offender should be releasedconditionally under
supervision he shall so
- report and recommend
to the Division.
" b! The Division maydischarge acommitted youth
offender
unconditionally the
at expiration
of one
year from the
date ofconditional
release.
" c! Ayouth offender committed

under Section
5010 b!of this
chapter
shall
be released conditionally
under
supervision onor
before the
expiration of
fouryearsfrom
the date ofhis conviction
andshall
be "
discharged unconditionally
on
or before
six years from
the dateof his
conviction.
" d! Ayouth offender committed

under Section
5010 c!of this
'
-chapter shall bereleased conditionally
under supervision
not laterthan
i""
7*be twoyears
before the expiration of theterm imposed
discharged unconditionally
by thecourt. He
at the expiration ofnot lessthan one
may
year
from thedate ofhis conditionalrelease. Heshall bedischarged
unconditionally onor
before the expirationof the maximum sentence
imposed, computed
uninterruptedly from
the date
of conviction.
EFFECTIVE: 09/20/89
76"3.2.3 Section 5037. Parole of Juvenile Delinquents

- Ajuveniledelinquent who
hasbeen
committed and who,
by his/her
conduct, hasgiven sufficientevidence that
he/she has reformed, may be
released onparole at any time under suchconditions
and regulationsas
the|USPC|deems proper ifitshall appear
to the
satisfaction ofsuch]Commission92that
there
is reasonable probability
that
the juvenilewill remainat liberty without violatingthe law.
EFFECTIVE: 09/20/89
<:i
- .;.,
. 3;-
-;/
Sensitive
PRINTED: 02/13/93
--IIIIIIIIIIIIInIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlillllll
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Part I PAGE 76-
76"3.2.4 Section 4164. Mandatory Released Prisoner Treated as
Parolee -
A prisonerhaving served|his/herlterm
or termsless goodtime
deductions shall, upon release,be deemed as if released onparole until
the expiration of the maximum termor terms for which
he/she|was sentenced
less one hundred
and eighty days.
92
EFFECTIVE: 09/10/79
763.3_ Definition
|A paroleor mandatory
release
violator fugitive is a
subject for whom parole
a or mandatory release
violator warranthas
been issuedby
the USPC. Noother
process is necessaryand these
warrants are
valid
anywhere in
the United
States or its territories.|
k} EFFECTIVE: 09/1O/79
763.4 Distinction Between Parole and Mandatory Release p
EFFECTIVE: 09/10/79
76-3.4.1 Parole
Parole of adult prisoners, youth offenders, and juvenile

delinquents is
within
the discretion ofthe USPC
as provided
in Sections
4202, 5017, and 5037 respectively.
EFFECTIVE: 09/10/79
//T1
Q,__;,_,_92-:3:
Sensitive
PRINTED: 02/18/98
-ZAl_'4._'..;._.-sq,-..I-a,92.'.-.|'92:_.>
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____,__
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_g g ___ _______
______
eke?,Sensitive »

Part I PAGE 76
-24
76-3.4.2 Mandatory Release
! Mandatory release isnot within the discretion of the USPC.

If not paroled, prisoners
havealegal right
to be mandatorily
released
either conditionally or
unconditionally, when they
have served
their
sentence with "good time"
and "industrialgoodtime"
deducted, provided
their
conduct has been satisfactory.
! The amount of"good time"and "industrial good time"a
prisoner may
acquire is
statutory and
dependent upon
the length
of his/her
sentence.
! Section 4161 provides the rate

of five days "good time"per
month forprisoners sentenced
from
six months toone year,six days
per
month onsentences ofone tothree years,and soon upto the maximum
allowance of ten days per month
if the sentence isten years or
more.
n! Section 4162provides for up to three
additional days per
,_ month
of "industrial good
time" for
actual
employmentwhile incarcerated
K.;- succeeding
.the firstyear upand but
to,
year of incarceration.
to_exceed,
not daysmonth
five
per any
for
! If the "goodtime" and"industrial good-time"earnedis
more than
180 days,
he/she isconditionally released
for this period
of
"goodtime"
and "industrial good
time" earned
less
180 days. i
! Aconditional release placesthe individual under the
supervision of
aU.S. Probation Officer.If he/sheviolates the
conditions while
under supervision,
amandatoryrelease violator's
warrant
can be issued for his/her arrest.
! If the "goodtime"
and "industrial goodtime" earned
is 180
days or
less, theprisoner is
unconditionally released
after he/she
has
served his/her
sentence less
"good
time" and "industrialgood time"
earned.
8! An unconditional release
does notplace theindividual
under the supervision of the USPC,therefore, amandatory release
violators warrant cannot be subsequently issued.
EFFECTIVE: 09/20/89
QZTQF 76-3.5
Deleted
Sensitive
PRINTED! 02/18/93
I
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14. _....i.;..~ir.._.i.__.....-._=......._-.;92_;i_
92__-'.4.-
____
___.,.si-.
._ __ .-i._ _____.
._.._
,-=..._
Q,7 Sensitive
Part I PAGE. 76
- 25
EFFECTIVE: 09/20/89
763.6 I Requests for Assistance

! All parole violator and
mandatory release violator warrants
are issued by the regional offices of the USPC. Anyrequest for FBI
assistance receivedfrom the U.S.
Probation Officer should be referred to the
IUSHS
after|8/ll/88.] Specific
FBIHQ approval,
USMSUSPC
and concurrence,
and i
very unusualcircumstances must
exist for FBI involvement
without a
substantive violation.
|! If, after|8/11/88,|anew PV
or MRV
subject within
the
primary jurisdiction
of theUSMS also becomesFBI
an substantive
fugitive,
of course, wewill
seek his/her apprehensionunder the substantive case,
but "00" must advisethe USM
in the district holding the warrantof its
fugitive involvement
and notifyUSMs office
promptly upon
apprehension.
This notification will,
of course, not change theexisting procedureof
< "tadvising
USMtheindistrict
where subject
thelocated.
is
|! ' Should,
after|8/ll/88,|a PV
or MRV
withinthe
responsibility of
the
USMSbecome asuspectin anFBI substantive
case and
"00" desiresto actively seek thesubject's apprehension
under
the ongoing
substantive matter,this maybe doneprovided theUSMS is
notified andthe
fugitive aspects
of the case arean FBIUSMS coordinated effort.Of
course, whenthe fugitive is apprehended
or eliminatedas asuspect in the
substantivecase
which no longerdemands
FBI fugitive involvement,the
appropriate USMmust be notified.
! Ifany subject of an existingUSHS responsibilityPV orMRV
matter is
wanted as afugitive in an FBI substantivecase, theexisting
"76" PVor HRV! case should be consolidatedandhandled
as adual
character substantive case.
! Iffor some
reason
it should become
imperative foran "00"
to initiate a"76" PV orHRV! fugitiveinvestigation involvinganon-FBI
case, advise
FBIHQ
onaUACBbasis ofthe factsdemanding FBI
involvement.
EFFECTIVE: 09/20/09
- -.31
. Y 2.
,,-_-_;.'.'
Sensitive
PRINTED: 02/18/93
._....1.....-.......;;.::.s..>.-;.._.,..:.:.;..._.
______
.92... - ..».- -......-_.=...;.._.92-......;'.
_. _...-__,._...._
..-. .. u
;@;"fSensitive
Manual of Investigative Operations and Guidelines -
Part I PAGE 76" 26
76-3.7 U.S. Parole Commission Structure
! Through the Parole Commission and Reorganization Actof

5-l4-74, the U.S. Boardof Parole became known
as the U.S. Parole
Commission. .
I! |Deleted|
! Starting in May, 1974, its headquarters inWashington,
D.C., wasabolished and they instituted apolicy of decentralizationand
region alization through thecreation of five regions with headquarter
regional offices established as follows:
Philadelphia Northeast
Atlanta Southeast
Dallas South Central
Kansas City North Central
San Francisco Western
wiq I ! [DeTeted|
EFFECTIVE: 09/10/79

In addition to
the usual fugitive investigation the following
sources should
be contactedat
the outset of the investigationto
obtain
information of lead value.
! The U.S. Probation

Officer to whom the
subject wasparoled
or released for supervision.
1! The USMto
whom the warrant was forwarded
by the USPC.
EFFECTIVE: 09/10/79
#7.i '1:
.,-35:1 '
Sensitive
PRINTED: 02/18/98
IIIII--....-IIIIIIIIIIIIUIIIIII-IINNNlNNNUNNIINNNIIIIIIIIIIIIIIIIIIIIIIIIIIIUI
.'
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i:..-..,.s_,..-
=....¢_......._..
-_.- ..,i._.._....
...._.__.__.___.
~77?-I.
;_;7 Sensitive
Part IPAGE 76 - 27
76-3.9 Apprehension or
Location
! when aparole or
mandatory release violator is
apprehended
he/she should
be turnedover to the nearestUSH. If located in custody,
the USMshould be advised of vio1ator's location.
! In addition, the_nearest U.S.
Probation Officer should be
notified of the subject's
apprehensionor
location.
EFFECTIVE: 08/21/87
76-3.10 Prosecution
Parole andmandatory release

violations are nonprosecutable
offenses. When
apprehended, the
USPC may
modify theterms andconditions
of the parole orrevoke the
parole and
require theprisoner toserve all
or
any part of the remainder of the original sentence.
EFFECTIVE: 08/21/87
76-3.11 Youth Offender Subjects

! |Thoughthe Federal
Youth Corrections
Act FYCA! was
repealed by
the Comprehensive
Crime Control
Act ofl98, PublicLaw
98-473, effective10/12/84, individualsunder theage of 22 being
sentenced beforethat
date uponaguilty plea or conviction were
eligible for special sentencing
conditions under
the FYCA.
! Prior to 8-1-77, an
individual sentenced under
the FYCA,
who wasreleasedprior to
his/her sentence terminationdate and
subsequently declared
a parole
or mandatory release
violator, couldonly
be soughtas afugitive until his/her sentence termination
date.
! If the subjectavoided apprehension
until subject's
sentence termination
date,
the warrant waswithdrawn by
the USPC and the
fugitive investigation was discontinued.
'
! This policywas basedon
the USPC regulationthat ayouth
offender's sentence
continues torunfrom
the date of sentencing and
the
issuance of
aparole or mandatory
release violator's
warrant does
not toll
V .-,1. the sentence termination date.
.2=
I.431$
=1-aii.
Sensitive
PRINTED: 02/18/98
.
0-<....'._.';.>_-_.-_....,,_..._
>92<.- .-_~-=...- _._.~i..._-_-..:_._»
.......
rt. W.-1.»--.-..._a._.=..,,1....._.,..
__s _a
.I? Sensitive

Part I PAGE 76-28
! As of 8-1-77, a new regulation of the USPCnow provides
that
the issuance of a parole or mandatory release violator'swarrant
tolls
the sentence tefmination date of the youth offender if he/she is
charged withabsconding from
supérvision'or
in escape
is status.
! Based on
this regulation, the fugitive investigation for a
youth offender should not be discontinuedupon his/her sentence
termination date if he/she has beencharged withabsconding from
supervision or is in escape status.
! For those youth offenders who
are declared parole or
mandatory release
violators and not so charged orin escapestatus, the
warrant will
be withdrawn by the USPCupon his/her sentence termination
date and the Bureau's
fugitive investigation will be discontinued at that
time.
|
EFFECTIVE: 08/21/37
76-3.12 Narcotic Addict Rehabilitation Act NARA!

The identical USPC regulations, investigative procedures, and
Bureau policythat apply
to youth
offenders, handled underthe FYCA,as
set forth in
Section 763.ll, also apply
to narcotic addicts, handled
under NARA, who arecommitted under Section 4253,for an
indeterminate
periodof
time not to exceed ten
years, and
are conditionallyreleased
under supervision under Section 425k.
EFFECTIVE: 09/10/79
76-3.13 Reporting Procedures] See MIOG,Part I, 25-10, 76l.8,

I 76-2.9, 88-12, 115-7aPart 11, 21-29.!|
! Upon initiating aparole or mandatory release
violator investigation referred to
the field, no initial FDr65 or
other communication need besubmitted to FBIHQ. Uponthe fugitive's
apprehension or
location, the locating office must
promptly notify
FBIHQ byteletype at least ROUTINE
in precedence!,followed by Form
FD-5l5|entry into
the Integrated
and Analysis
Application ISRAA!.|The officeof origin must
ensure that all
auxiliary offices are notified by teletype to discontinue.
Sensitive
PRINTED: 02/18/98
-;--_.._,=..,....;.-. .-..-.1-.0.-.:._-~
-.1--D-h.-_n--ad--nan-.r-35¢-u¢'LA|i;;.92Lm¢:;_.._g;...,_4;__._;._,,,,_,,,;_,._.y__.>.
,._,H..,. _ __.___ ___ ,____ _____,_ ._._,_,..
H
¢_-".~*:-.
4! Sensitive

Part I PAGE 76 - 29
! As ageneral rule,
Prosecutive Reports are not
required in parole and mandatory releaseviolator cases and,
therefore, are not to be submitted to FBIHQ unless a specific request
is made for same.
EFFECTIVE: 11/01/93
763.14 Character
- Parole Violator PV! or Mandatory Release Violator MRV!. The

original offense for whichthe subjectwas sentenced
should notbe carried
in the character.!
EFFECTIVE: 09/10/79
,0
C,
Sensitive
PRINTED: 02/18/98
- -_.... .-_.-...._.._, 1a.. 92- I-.___-A-__,.;.'.__-_........s._i.-._.:_.
it/,v<J"nLl-|J&_l¢-l-.924I92'92,92-1'!-J-Q-n__4
- .._ -._. _.... __ -
Sensitive

' PAGE 77
Part I
SECTION 77. BACKGROUND INVESTIGATION

- PRESIDENTIAL APPOINTMENT
WITH SENATE CONFIRMATION; - U.S. COURTS; -DEPARTMENT
OF
JUSTICE; -U.S. ATTORNEY'S OFFICE
STAFF;
r U.S. ATTORNEY'S OFFICE; '
- DEPARTMENT OF
JUSTICE REIMBURSABLE;
BACKGROUND REINVESTIGATION
- DEPARTMENTOF JUSTICE
77-1 '
GENERAL INSTRUCTIONS
These instructions supplement those

outlined in
Part II,
Section 17 of this
manual and pertain to the following
|lsubclassifications andlpositions:
EFFECTIVE: 07/02/93
771.1 77A: Background Investigation - Presidential Appointment

with Senate
Confirmation - Nonreimbursable See MAOP,
Part II, 3-1.1, 3-1.2 and 10-23; MIOG, Part I, 77-3, Part
II, 17-2; Correspondence Guide#Field,
1-17.!
! Supreme Court Justice
! U.S. Court of Appeals Judge
! U.S. District Court Judge
! Court
of International Trade Judge
! U.S. Claims Court Judge
! Court of Military Appeals Judge
! Court of Veteran Appeals Judge
8! Attorney General of the U.S.
9! Director, FBI
l;z 10! Administrator/Deputy Administrator, DEA

O
Sensitive
PRINTED: 02/18/98
LJ;§ /_ /
Sensitive
Part I PAGE 77
-2
1! Deputy Attorney General
2! Assistant Attorney General
3! U.S. Marshal
4! U.S. Attorney
5! Department of Justice Executive
6! Unspecified Position
I |7ther92
EFFECTIVE: 12/01/93
If Q77-1.2 77B: Background

Investigation - U.S. Courts- 15 Year
7 |Scope since
or
the candidate's
birthday,
18th whichever
~~' is less!
-[Reimbursable See HAOP,
Part II, 3-1.1, 3-1.2
and 10-23; MIOG, Part I, 77-3, Part II, 17-2, 17-2.1;
Correspondence Guide-Field,1-17.!
i! |U.S. MagistrateJudge
![U.S. Bankruptcy Court
Judge
1! U.S. Bankruptcy Trustee
! U.S. Bankruptcy Administrator
1! U.S. Circuit Court Executive

! U.S. District Court Executive]
The above investigations are conducted for the
Administrative Office of the U.S. Courts.
EFFECTIVE: 12/20/96
Sensitive
PRINTED: 02/18/98
~
W
-r.-t_.*-=.l.-ie.<..=.-.'.._'..-...¢...1.-_-as-;.i..._.--..».-s...._.I......___.-.........e..~rr,-1.1..
.. _
2 0 0
-._-
.'1':
E
:1,
1.___;:-
I Manual of Investigative Operations

Sensitive
and Guidelines
I
PAGE 77
Part I
77-1.3 77C: Background Investigation

- U.S. Courts -|1U|
Year|Scope or since the candidate's 18th
birthday,
92-92-
I whichever is less!
!
3-1.1 3-1.2
and
172.1;
|Reimbursab1e See MAOP,Part II,
10-23 MIOG, Part I, 77-3, Part II,
Correspondence,Guide-Field, 1-17.!
|U.S. ProbationOfficer|
17-2,
U.S. Pretrial Services Officer]
I
!I
! IU.S. Public Defender]
! [Independent Counsel Staff NOT
does include the
I position of Independent Counsel!

! Other|
EFFECTIVE: 12/20/96
771.4 IDeletedI
EFFECTIVE: 12/20/96
I 77-1.5 |77E:| Background Investigation

IDepartment Justice
of |
Nonreimbursable See MAOP, Part II, 3-1.1, 3-1.2
and
lO*23; MIOG,Part I, 77-3, Part II, l7*2; Correspondence
Guide-Field,-1-17.!
.1- -.'¢'.A-H9292a~e':45.§.nLJLl$i92a§;-tPM-s-92&aq!l._.._alJ-92J1.-J-_.-_-'
us _,=.92..-~_.. _.........-..
-...e=1.._...._--_
_-..
.._e._-
.., .1 .. - _..-. ._.. -an...
ZL, _Sensitive
Part I PAGE 77 -
! Honor Recruit Attorney
! Paralegal Assistant/Specialist
! Executive Office Staffl
EFFECTIVE: 12/O1/93
771.6 I77F: Background Investigation-U.S. Attorney's

OfficeI StaEf! -Reimbursab1eI SeeMAOP, PartII, 3"1.1,
3-1.2 and 10-23; MIOG, Part I, 77-3, 774.3, Part II,
I I172, 17-2.1;ICorrespondence Guide*Fie1d,
1-17.!
|u.s. Attorney's
Office Staff Fie1d!I
EFFECTIVE: 12/01/93
I 771.7 IDe1etedI
EFFECTIVE: 01/03/97
771.8 I77H:I BackgroundIInvestigation

-U.S. Attorney's Office
Attorney!I Reimbursable See HAOP,
Part 11,
3-1.1, 31.2
and 10-23; MIOG,
Part 1, 77-3,I77-4.3,IPart
II 17-2,
172.1;ICorrespondence GuideFie1d, 1-17.!
! IAssistant U.S. AttorneyI
s
! ISpecial Attorneyl
:2 I ! ICross
Designated AttorneyI
Sensitive '
PRINTED: U2/18/93
1- .. - ..,._.s_...._:;......-..,....92.._.~i.-;
..- 7.,i.....-_........___...._____-. is - n ._ _-- __ __ _
Sensitive

Part I ' PAGE 77
EFFECTIVE: 12/01/93
771.9 |77I:| BackgroundlInvestigation| Department of

Justice - Reimbursable See MAOP, Part II, 3-1.1,
i 3-1.2 and 10-23; MIOG,Part
11,117-2, 17-2.1;|
Correspondence GuideFie1d, 1-17.!
!I U.S. Trustee]
! |Assistant U.S. Trustee|
!| Chapt er 13 Trustee]
!I Admin istrative Law/Immiratibn Judge]

~_...,-
! |0ther|
EFFECTIVE: 12/01/93
77*1.1O |77J:| Background Reinvestigation -Department of

Justice [1O|Year - Reimbursable See HAOP, Part II,
3-1.1 3 1.2 ' 10-23, MIOG, Part I,
- and 7
77-3, 7-4 . 11, Pa
II, 1 17-2.1,|176.8; Correspondence Guide-Field,
1-1
! D031Executive|
! DOJ|Attorney|
! Fie1d|Attorney|
! DOJ Staff
! Field Staff
,...,,
Sensitive
PRINTED: 02/18/98
.4- __|. Q92. -l A _-...__.-_.=.-.i-_|_92.;.a.-u...i.>¢.¢_|..i..»._-J_...i~_
..|.__...92.. -_,.-»-M
.. .~-_~-_-..,..-
.-.-»- .. __.._.. ....__._.__.._.__
__ _ _
'.'7"_'~
L -1 Sensitive

Part I .- PAGE 77 -
EFFECTIVE: 12/01/93
77l.11 |77K: Background Reinvestigation - Department of

Justice -|7|Year Reimbursable See MAOP,Part II, 3~1.l,
3-1.2 and 10-23; MIOG, Part I, 77-3, 77"4.11, Part II,
I 172 17-2.1,|l7-6.8; Correspondence
GuideFie1d, 1-17.!
|! DOJ|Executive]
|! DOJ|Attorney|
1! Field|Attorney|
! DOJ Staff
! Field Staff
-
EFFECTIVE: 12/01/93
||771.l2 77L: Background ReinvestigationDepartmentof Justice -

5 Year Reimbursable MAOP,
See Part II, 3-l.l, 3-1.2 and
10-23; MIOG, Part 1, 77-3,|774.1l,|Part 11,
l72,117-2.1, l76.8;|CorrespondenceGuide-Field, l*l7.!
! DOJ Executive
! DOJ Attorney
! 'Field Attorney
! DO] Staff
! Field Staff
EFFECTIVE: 12/01/93
""'n
.*-'
1;,
.-.1
>
-QHHF
~.-:---
Sensitive
PRINTED: O2/18/93
- 0
£11 o -__.-e.-._..____-...._._...._.92..._'_,.
___________________
,_ _._, __,_,___ __ __ ___
___ kY ____________
,_-.
Sensitive

Part I PAGE 77
l|77l.l3 77M:| Background Reinvestigation Department of Justice -

' 3 Year Reimbursable See MAOP, Part II, 3-1.1, 3-1.2 and
10-23; HIOG, Part 1, 77"3,|77-4.11,|Part 11,|11-2, 112.1,
17-6.8;|Correspondence Guide-Field, 1-17.! -
! DOJ Executive
! DOJ Attorney
! Field Attorney
! DOJ Staff
! Field Staff
EFFECTIVE: 12/O1/93
77"2 INITIATION OF INVESTIGATION
! Completed SF86| Questionnaire for Sensitive

Positions!|forms are received from the referral agencies in most
cases. These forms are reviewed by FBIHQ personnellfor conformance
and completeness. Obvious deficiencies are identified and appropriate
leads set forth to resolve inconsistent and/or incomplete information,
in addition to routine investigative leads. The initial investigative
leads
are set by FBIHQ,using
the SF-86as aguide.| Any additional
leads discovered by the field during investigation should be set out
expeditiously see Part II, Section l7*3.7 of this manual!.
Individuals conducting investigations should be familiar with Part II,
Sections 17 and 23-6 of this manual and Part II, Section 1O-13.3 of
the Manual of Administrative Operations and Procedures.
| a! For most Presidential appointments 7Acases!,

the completed SF-86 is not received from the referral agency. The
SF86, Supplementto SF-86, Supplemental Instructions for Completing
SF-86, and two copies
of the U.S. Department of Justice Tax Check
Waiver are sent directly to the candidate from FBIHQ. It is the
responsibility of the field
to gather these forms during the initial
candidate interview and expeditiously forward the original documents,
along with fingerprint cards andacopy of the candidate interview on
FD-302!, to FBIHQ so appropriate leads
may be set forth. In order
to
ensure
prompt handling of the candidate's
forms, the initial interview
Sensitive
PRINTED: O2/18/98
.. _. --.._-.-:-.-sa92~._.
.. e.--..,......_,,..-.>,,....,.,,_-1,....i_i_..;...i-...-_
.. 1-. u._ __
__ ,__ ___ A _
J
Q, Sensitive
92_,
Part I PAGE 77
of the candidate should be conducted within five ! working days

after
receipt of instructions from FBIHQ.
b! Further, the field is responsible for setting

out leads
regarding information disclosed by the candidate during
his/her initial interview which does not appear On the SF-86.|
|!| Investigations in these categories are usually

ordered
by teletype or airtel and must be given preferential and
expeditious attention. .
EFFECTIVE: 07/02/93
77-3 SCOPES or INVESTIGATION See MIOG, Part I,77-1.1 through

771.13.!
Investigations in these
categories should include arr
investigation required in
Part II, Section 17 of this manual, unless
otherwise noted. The type of BI will
be set out in
the opening
communication by subclassification. The scopes of investigation for
77 subclassifications are as
follows:
l! 77A
Covers the candidate s adult
life, since age
18.
! 77B Covers the past 15

years
life or since
age 18,
whichever is less, but in
of the candidate's
! years.
no case
less than two
! 77C
- Covers the past 10 years
life or since age 18,
whichever is less,
but in
of the candidate's
! years.
no case less than two
! Deleted
~! 77E
- Covers the past 10
years
life or to age 18,
whichever is less,
but in no
of the candidate's
years.
case less than two !
years
life or to age
! 77F Covers
18, whichever
the past
is less,
10
but
inno of the
case less
candidate's
than two !
years.
Sensitive
PRINTED: 02/18/98
_,_-..._...;;a.'..-<.-.L-.-.-.1:*,;;:.-;.;v.;92.'.s.:-:.,.;.r.u:1;a:_4..;.-s.:....-1....
-..._. -__...._.
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Sensitive

Part I PAGE 77
- 9
I ! |De1eted|
8! 77H - Covers the past 10 years of the candidate's
life, or to age 18, whichever is less.
9! 771 - Covers the past 10 years

of the candidate's
life,
or to age 18, whichever is less.
0! 773 - Covers the past 10 years of the employee's

life.
1! 77K - Covers the past seven !years of the

employee's life.
2!
77L - Covers the past five !years of the
employee's
life.
3!
77M Covers the past three !years of the
employee's life.
9292.
EFFECTIVE: 01/03/97
I 773.1 , |Revisedand renumbered

as 774.3|
EFFECTIVE: 07/02/93
1 77-3.2 [Revised and

renumbered 774.4|
as
EFFECTIVE: 07/02/93
C
Sensitive
PRINTED: 02/18/98
Sensitive

Part I ~PAGE 77 10
773.3 |Revised and renumberedas 77-4.5|
EFFECTIVE: 07/02/93
773.4 [Revised and renumbered as 774.2|
EFFECTIVE: 07/02/93
7 __| 77-4
|ADDITIONAL INVESTIGATIVE GUIDELINES
In
addition to investigation required in Part II, Section
17 of this manual, the following investigation must be conducted:
EFFECTIVE: 07/02/93
774.1 Issues/Derogatory Information Developed
During any BI, regardless of the scope of investigation

and/or the questions, issues or derogatory information developed
should be fully
investigated and brought to alogical conclusion.
This includes acandidate's admission of illegal
or unusual activity
prior to the scope of the BI.
EFFECTIVE§ 07/02/93
I
,-If
Sensitive
PRINTED: 02/13/98
1, .. _ .. .,'...'_;.-_...._'.»..=..i._-.sc_..
_- -;..._._-.-.._;»....<~_-,.r..._...-_...
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4.
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l;J¥'- Sensitive
Part I PAGE 77 - 11
||77-a.2| Qualifications ,
|In all cases concerningFederal judgeships including
U.S.
Bankruptcy and U.S.
Magistrate Judges!, other Presidential
appointments and
attorney positions, ascertain the overalll
qualifications of the candidates, as well
as character, loyalty,
reputation, etc. Specific comments from each person interviewed
should be set forth in the report. In cases concerning|U.S.
Bankruptcy Judgeand U.S.
Trustee positions, alsolobtain comments
concerning the candidate's experiencein bankruptcy matters.
EFFECTIVE: 07/02/93
77-4.3 Prescreening Reports| See MIOG, Part I,77-1.6 & 771.8,

Part 11, 17-2, 172.1;!|'
' Candidates under consideration for field
positions in the
U.S.
Attorneys Offices 7Fs and 77Hs! undergo aprescreening process
in most cases. Contact should be made with the U.S.
Attorney's Office
where the candidate will serve
in order to review the prescreening
report and interview the Administrative Officer to obtain any
information of interest to our investigation. g
EFFECTIVE: 12/O1/93
||774.4| Bar Membership/Certified Public

Accountant CPA!
Status
If|the|candidate is an attorney or CPA, determine if
|he/shelis licensed to practice in every state wherethe candidatehas
lived
or worked since
comp1eting|his/her|professional education.
Check grievance
committee records
in any state where
thelcandidatelis
or has been licensed. It is
not necessary to verify membership in
voluntary associations such as
the American Bar Association. When
verifying that the candidate is licensed to practice,
the following
statement must appear: VThe abovenamed agencyis the licensing
.._,_
-1;R agency for attorneys or CPAs! inthe State| or Commonwea1th!|of
Z1
state name!."
Sensitive
PRINTED: 02/18/98
r
Sensitive
Kai

Part I PAGE 77
EFFECTIVE: 07/02/93
774.5 Judicial and Other Positions Requiring Senate

Confirmation See MIOG, Part I, 77-4.6 and 77-4.9.!,
Captioned positions require amore in*depth investigation

which must encompass the following in addition to investigative
instructions set out in Part II, Section 17 of this manual:
|!|Verify the candidate's ownership

of all real estate,
and check
deed s! for any covenants regarding race, religion, etc.
I '
|!]Check records of county clerk or equivalent! to
determine ifany personal, tax or mechanical liens exist. If so,
fully
explain. Do not contact Internal Revenue Service for any
details regarding federal tax liens, as this is done by the referral
agencies. -
I |!|When applicable, determine thecandidate's

professional reputation, legal ability, types of cases
handled, trial
experience, courtroom demeanor, reputationfor fairness, temperament,
bias or prejudice against any group, and ability to weigh conflicting
testimony and make factual determinations through:
' a! Interviews of.six ! attorneys who are
acquainted withthe candidate, to include three
! attorneys with
whom the candidate associates and three
! who have opposed, or have
appeared before, the candidate in court;
b! Interviews of three
! federal, state
and
local judges familiar with the candidate; and
- c! Interviews of the chief federal judge and the
U.S. Attorneyin the district where
the candidatewill serve,
if
appointed. "
|Interview the candidate's personal

physician_
regarding thecandidate's health
Senate confirmation
cases only!.
]!|Identify all organizations to which
the candidate
belongs orhas belonged,including private and social clubs. Obtain
information from an
official about the membership policy of the
92
Sensitive
PRINTED: 02/18/98
.1
.. ...-..;.92...=_.-_.;-.>:
.;._'|..
4 ._;._.
.. =. .4
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,Sensitive

Part I PAGE 77 13
organization with regard to

race, religion, sex, etc. Ensure the
possibility of de facto discrimination is
explored. If the
organization has/had adiscriminatory membership policy, determine
whether the candidate participated in changing or attempting to change
the policy. ' A
|!|Interview local
and state chairpersons of both major
political parties Senate confirmation cases
only!.
|!|Interview local religious and labor leaders in the
candidate's geographicarea, only when instructed to do so by FBIHQ.
|!|Interview leaders of
prominent minority/civil rights
groups such as
the NAACP, National Urban League, NOW orothers that
are active in the candidate's geographicarea. Identify the position
held by the interviewee within the organization.
| 9![Interview three ! local, state
and/or federal law
enforcement officials in the district where the candidate will serve,
ifappointed. Agents are encouraged to interview representatives of
agencies otherthan
the FBI. See MAOP, Part
I, Section 1-l5.3!.!
| lO!|Review files
of appropriate federal regulatory agency
ifthe candidate is or was employed in
a regulated business e.g.,
banking, brokerage firm, etc.!.
|1!|Review any articles written by, or speeches made
by
the candidate for indications of
bias or prejudice regarding race,
color, religion, gender, etc.
Ensure that
the text ofany articles
or
speeches that indicate, or could be construed to indicate, bias are
enclosed with the report.! '
|2!|In those
cases requiring Senate confirmation,
Washington Metropolitan Field Office
will interview the U.S.
Senators
from the state where the candidate will serve and will review U.S..
Secret Service and, if appropriate, Office of
Inspector General
Investigations! and Public Integrity Section, DOJ files. If
past/current DOJ employee, also review Office of Professional
Responsibility and personnel files as appropriate.
| l3!|Review records of
the state judicial review
committee/board, if candidate is/was a city or state judge. Also,
review county/state election commission files, if the judge was
elected to the position.
Sensitive
PRINTED: '
U2./18/98
Sensitive
Manual of Investigative Operations and_Guide1ines

Part I PAGE 77
EFFECTIVE: 06/04/96
77-.6 U.S. Attorney/U.S. Marshal Update BIs
! An understanding has been established with the

Department of Justice DOJ! concerning the Bls of U.S. Attorneys
and
U.S. Marshals who are being considered for reappointment to their
current positions, and who have
been the subjects of previous FBI BIs
as outlined in 77"4.5.
! The update Bls should be limited to specific areas

identified as follows: '
a! Credit and arrest checks concerning the'

candidate;
b! U.S. Attorney's Office record checks concerning

the candidate;
c! Interviews of neighbors at
employee's present
residence and other residences since theprevious investigation, last
five ! years
only;
d! Interviews of the chief Federal judge and two

! other Federal judges, and the-clerkfof the court in
the
candidate's district;
e! Interview of the U.S. Attorney in the

candidate's district U.S. Marshal candidates!;
f! Interviews of the
candidate's listed references
and associates;
g! Interviews of at least three ! officials

of
Federal agencies;
h! Interviews of at least
three ! local police
chiefs and sheriffs in
the candidate's district;
i! Check of appropriate DOJ records Office of
Professional Responsibility, Office of the Assistant Inspector General
for Investigations; Public Integrity Section and Official Personnel
Sensitive
PRINTED: 02/18/98
~"3'192"Al'-'4-H-;~¢4.4I.4_lI'.'-!92-7
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Guidelines ¬§§%§£@§§%@W?*?e
Part I * ' .PAGE 77 - p
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File!; We
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Ag -,'1
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close relatives and cohabitants. ,-. é
"*?Rwe
-r.q_:_
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'-*Z5§_
#7
w
EFFECTIVE: 07/02/93
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__ >7
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{:5 .5 . 5.
These positions also require amore inrdepth investigation@@"*
- |-'
rp
-*.
14:
which must encompass the following in addition to investigative 1"
. ,9D
--up . instructions set out in Part II, Section 17 of this manual: 3'} * F-c.'
*
_ -' _ _3,, Lia...
92 ' mi ¢:"i>
2-.
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;-.
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,-,.;_.
5 '
. 1
u92,,h__ |!|When-applicable, determine the candidate s3 Q. w.1
rup he
+'~&k§~"%
s.
professional reputation,_1ega1 ability, types of cases_handled, triai_
experience, courtroom demeanor, reputation for fairness,_temperamentf*
bias against social classes of citizens, members of any group r
religious, ethnic or
racial!, etc., through the followingEE&- _,,,,?,
if "4"
a!, Interviews of three ! creditor representatives M,,,,,_.
a creditor representative is
an individual, usually an attorney, who' at.I.,.
-,-:7,,i§!§,_,u
represents acreditor's interest at abankruptcy hearing! who have ;
&:5.
#39; -_£| _>~
wt:-I-__,;,.<}
knowledge of the candidate; *i 1,"-1,>f:¢_,i
~ :13[ -1: .-
b! Interviews of two ! bankruptcy judges before '

.-4-,
1357'"
W- .%,-'»
whom thecandidate has appeared and/orwho haveknowledge of the lggv -in .I
i<".:id*»°$=
candidate; I " .I QFI -1=-~"'*
.i,.gel?
=~T*'».
_I.
is c! Interview of the Chief U.S. Bankruptcy Judge of "*1-,-1I ,..
'.
.1--L1=92_J-Q.<3-
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i i |Review
if the candidateiis fi1g;"';pf
or'was-appropriate_.feder=al,:}'egulato
emp1oyedin
aregulated busines§¢ i.e.%§k ii"
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9
774.8 Administrative
-a".- Law/Immigrationcludge
, _ -_ _.. Positionsf §:$5'¢§-~?
r_l ;.'_,;1_;¢§%_;¢.._';'_*_':;|_"'
,,___
¬ '
v'
_ __ . , _ kv . -. , _p _K, ,s,§w#;i,;§;'},&.&-§.,_,
;.
...,agig -:_;:.g.'
g;._¬_.J:
' . - ". - -" _ --E __ .. _-
. --..§§
1:15..
--as -F15!
' The
Executive Office
_. for Immigration
Review
._ ,.. isQresponsib1é@#d%§§§%%
.. ,6, q I -.~
for the/administration and interpretation
.'. '~'.-~ - -'1 . ~a. of .the.immig?ati3§Wjausfgg
""~w*r"~ *"r' . er
me¢v.?.i ,_-;"»w-
Mn 'Ru0'-&#39
i
The Adminrstrative Law andImmigration Judges. act
. independentlyrin **%q§§ga§J -'
{E79
.i~i;,i.
their decision-making
capacity, and
th¬i?rdBC1S1OnS
are§§3§»- .a,a¢@§@$§§;F
administratively flnalQigigY3P§é3i?d%§§@CfIt1f1ed
is
. *5"-E.-_ ~.._~,-: ;- to.the.Board
*_. 'c'_
-71;
-'_.
J , of_iadgq.
Q,
=1. -- '
Immigration Appeals.1=These quasirgudicial positions alsoqrequire a~. ' F# »
more in-depth investigation which must encompassthe f0l1Owing in- _ .'»~
addition to investigative instructions set out in Part II,
Section 17 .'_e.:.§"
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professional reputation, legal ability, types of cases handled, trial a
experience, courtroom demeanor, reputation for fairness, temperament, jM_q ~?a$%
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RESULTS
.
or INVESTIGATION
92 _
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investigative
report format. This is to includeunsuccessful
attemptsto locate} E~4§%@e
'2**-.»
-..-'e.~.-"=
individuals
for interview and any investigative results previously set
' fe»I~'#rr
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out in airtel or teletype. All investigation ingthese matters is
for-w *T¬§%£
other Governmentagencies and can only be forwarded
by report. Each
, -.".;_~.92
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interview mustcontain statements
and whether
or
regarding
not the interviewee is aware
of
financial responsibility 1
any past/present
'
.
v1a%§?
%§/
._._
.
illegal
drug useor prescription
drug/alcohol
abuse by the candidate._ A..;@;¥§
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should
be organized
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,
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presentedin Part II, Section17-6
of this.manual. All z
. . %¥
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categories
of interviewsi.e., neighborhood,
employment,
educationl
;=; L.
must
be preceded
separate
each
byheadings.
residence
Additionally,
andemployment
block
andshould
headings
should5" Qt
include|the|name
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n
i
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. ; .'.-
1*,-~"i
employing
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address,
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or residenceas indicatedby candidateon92thelSF-86.o_If'a
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is
found in dates during the investigation, the field
office should - .. -'It?3=
underline the dates obtained|duringthelinvestigation. _Thiswill-
indicate to FBIHQthat the discrepancy
is not the result
of a . _¢_ ss
typographical
error. Lengthyreports| more
than25pages!|should ' _
-_
"I-I:.5*?92".".
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4; -1.?-1.s
inc1ude_a
tab1e_of
contents. If aninterview
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under
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a
i.e., reference
whois alsoaineighborl§3'N': 7.
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Part U 3 W
PAGE .. 77 r .20
Manual
. of _. . '
.
Investigative
_-
4.».s Operations
I-2'1-;
=..
. . and Guidelines 0 -
- '
~~
. nxeseswasss -v#§$§3¥§
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~.,,._.-' l! onessentialreferences ato
candidate's
affiliation
-.
with anypolitical
,.._
party
should be omitted;'"
.__
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~-.»§.- -- - '
""§.P
~. #..ii.==
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be included.
_img An essential
reference isonewhich
* ! Essentialreferences political
to suggests
a possible
affiliationshould,,'¥j*?*
Eaggscgt
-1}-£r_'
-s_=:£;=1;'--is
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v,,v-*'-&#39
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inclination on the part of the candidate to use the position he or
she
'92- W "
is seeking for personal political benefit or one which would reflect .*i=192~_ ..
on the candidate's abilityto perform his or her duties fairly without ._,.,,
_i~,,5-1
um
regard to political affiliation or influence. Also, previous . x
candidacy for or occupancyof public office oroffice in a political
party, or
personal or political association withan occupant
of_public
or party office
would be essential. 92
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1'
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Q-:3 REQUEST
FOR
s
INVESTIGATION
on NAME
s
CHECK FEDERAL
FROM
=
A- Ti:
JUDGE| See MAOP,

Part 11, 94.2.2!.| '*
. fit?
.",9292I
"
.3
_,e-_-»'
.-.1-gr
Investigations are conducted only at the specific request
of
referral agencies andcan onlybe initiatedby FBIHQ.Anylrequest ?%%?
I.-.92Q
by a|Federal
judge|foraBI|should be respectfullylforwarded
to
FBIHQ = -
for referral to the Administrative Officeof
the U.S. Courts.At the _.s@
request ofaFederal judge, thenames of persons
being considered for m___.-
Arr
court positions can besearched through field office indices and
-. sg
pertinent information furnished to the judge. Care shouldbe .2.
. exercised in
ordertto fully protect any informant;technique or . ass
source. H+."
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,
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s , ,
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J%%§%
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.»,a92
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||77 9| STATU§%l§QUIRIBS 7 _Jtégg. .Jg%%§§%%¥%§ ,$»*"-
3,,;'tc, .-"1
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gT@y_ Ifany|outside|inquirieslarereceived concerning

-.=,
theg{;f§?§#*i*;4;
V-
;"~&#
,_-,¢-5*:-5_.,-;.
status of
a|BI,lno comment should
be made concerning the
progress"or*h.i'
~'sws~e
;;i;_,§
iesae
in
completionof
the investigation. The
caller should
be politelyi'**" »:%
referred to the agency
the|BI|status.
requesting the|BI|foradetermination of
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||7110| PRIVACY ACTl PA!|REQUIREMENTS :
_,. _._i
1-
! when interviewing individuals under this . :'.-"
" 25%;
classification for information concerning themselves or their
g@§Q3 activities,
the interviewing
Agent must
follow theprocedures Yin" -
described
--1:1 ?,=;:':-~i in Part I, 190-5 ! and ! of
this manual. w";1:
.2-'jj-i
.'-:~ ,7
ma, .. E.:-w
-l _
! When interviewing an individual to|elicitlinformation
,¥
concerning someone
else thereby classifying that individual as a -ret?
._n@a~
source of
information!, the interviewing Agent must follow the nrehké
procedure relatingto promisesof
confidentiality as described
in Part Iw--2'=@$~=
1:r§§§-YE
I, 190-7 of
this manual. |When the interviewee requests
confidentiality under
the PA, the level of
confidentiality must be _..1_ ,.-f .33..
'1
5.
clearly setforth
in the document
recording the
results @£.nne""'- "a
rigga
J "I
ll..iQ:
l
interview. Refer to Part II Section 1745.4 of
this manual for »-»§.@r*-
additional instructions.
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SECTION 78. ILLEGAL USEOF '
GOVERNMENT
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The principal Federal statutes under whichthe illegal use of
Government transportation
requests maybe prosecutedare found in Title 1..
.5; ,-
l8,_USC, Sections
287, 495,508, 641,1001 and
1002. Of these sectionsof .:6;;
the U.S. Code, theonly one relating solely to
Government transportation 5. V{;__,,é
requests is Section 508, which is quoted as follows: .:->15;-:=
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92I-T1"? 7:.-'9? "Whoever falselymakes, forges,or counterfeits in-whole or in gémn
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the Government
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forged, 0 f%§§%
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requests.y_
se¢£1BH§1001'sdd'1002
relate to false en ries o _
theU.S. Section 641
.Sections287isand
the§2§
section
to dealing
relate generallypwith thetheftsori;s-. _.>i§¬e{.
embezzlement of Government proper t.y The t false
illegal claims
"'* use ofgeneral1y_whileQg¬§ '?h%y
r'r51§3*55§e?a*na?aE¥¥5Ha"
Government wy md*"_ .=1-.~~92
transportation
requests might be prosecuted under any of
those sections.
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. .3]:with
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! In the majority of cases
un deris th 7 violationf3 ¢USAshave_ . , 92
,. ._.34.
authorized prosecution under the
provisions o - Title 18 , - USC
f , Section
'es .
508.
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This is called
to your attention becauseSection_3056,Title 18, I .5,in
specifically states that the Secretaryof_'..-
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. I
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involving
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where information
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particu1arlyFthe¢>_.
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Government transportationrequests;such'information
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by t he respe ctive field offices to the nearest.; i..,. =..'-:9
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should be
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78-3 MISCELLANEOUS
_, - T. »-:&;¢1
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!. -In anycasein whichGovernment
transportation
requests
X
issuedto Bureauemployees
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reppy _¬ _w WW
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.should
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investigation is based
stoleniorllost;
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J 79
SECTION 79.
MISSING PERSONS
X
791 92CRIMINAL
JUSTICE
ronnsntv was SERVICES
INFORMATION
IDENTIFICATION DIVISION
cJ1s!
!92n1ss1uc
DIVISION
PERSON
PROGRAM
EFFECTIVE: 12/02/94
79"l.l Background Information

now l! From19331980,
to FBI
CJIS!92operated
a Missing
Person theProgram.
Identification
Under Division
Program,
that the
/P Division's
were family
searched
and
filesmissing
person established
notices
92_. at the
request
of
immediate members
or officials
acting in
their behalf,
lawyers, e.g., law
enforcement
insurance
and diminished
The Members
authorities,
companies.
Program
was ofCongress,
discontinued
in
1980 because
of its
greatly
from privacy
legislation,
because
and
ofthe and
value
utility
resulting
availability
of
missing
person-type
in the
National
services
Crime
Information
Center NCIC!
' On
! October
12, 1982,
the President
signedlaw into
the
534,
Missing
Children-Act
require
to assist
which
Attorney
the
MCA!
Title
amends
General
to acquire
and
USC,
28,
exchange
Section
information
identification
of to federal,
state,
and
unidentified local officials
in
deceased individuals
and inthe
the 35
location
of
definedmissing
laws
of
bypersons
thestate
of including
anof
residenceunemancipated
such person
person!. order
In
to
bringthe in
FBI
policies compliance
with provisions
explained
are detail
in
Partthe of theAct,
in II, Sections
14 and
16
of certain
this manual.
EFFECTIVE: 12/02/94
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PRINTED: 02/18/98
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Part I PAGE 79
791.2 Action to be Taken in Missing Person Matters| See MAOP,

Part 11, 73.2.!I
This matter is considered anoninvestigative matter;
therefore, no missing person case should be opened or assigned. If a
written or oral request is received, the administrative procedures
should be followed, and information on any record entered should be
maintained in a 79-O administrative control file. These procedures
are set forth in Part II, 16-16 of this manual. Also, see Part II
Section 14, for the|Criminal Justice Information Services]Division
policy regarding the handling of fingerprint cards for missing persons
and unidentified deceased persons. | See MIOG, Part II, 141O.6.!|
EFFECTIVE: 12/O2/94
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PRINTED: 02/18/98
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IPAGE
Manual
Investigative
of Operations
and Guidelines 80 r
SECTION PUBLIC
80. AFFAIRS
MATTERS
30-1 PUBLIC AFFAIRS MATTERS

Inthis
handled field
offices,
under FBI's
the involve
classification
and affairs
public
contactsmatters
theare
with
by
FBI
the general
public,
corporations,
news federal
and
and state
agencies,
media
the Armed
numerous
other the
outsideForces,
organizations.
These
pertain generally
contacts
relate
nonsubstantive
to to
matters
of topics.
interest
Contacts
the to
the FBI,
with
media
news and
be may
recorded thisunder
classification.
The following
isalistof
examplespublic
of relations
matters:
Liaison With ArmedForces
Contact
LawWith
Enforcement
Officials
Laboratory Matters-Public
Relations
Research Material-Public
Relations
Human
Interest Items
Field Office
Open House.
Radio Scripts
Television Scripts
Law Enforcement
Committees
News MediaRelations
News MediaContacts
Media Relations
Representative
Fugitive Publicity
HRadio and Television
Broadcasts-Fugitive Mat
Speeches
Sensitive
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Manua
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PartI
Radio and Television Appearances
Press
Conferences -
Manuscripts for Speak"ing

Engagements
For additional
assistance
regarding
public affairs
matters, see
MAOP,II,Part
Section
5 Press
and Publicity!.
EFFECTIVE: O4/O7/97
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1 Manual
Investigative
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and Guidelines PAGE 83 - 1 I
Part I
SECTION 83.
CLAIMS COURT
BACKGROUND
83-1
l! Court
of Claims
of United
States
was authorized by
Act Congress,
of the under
established February
approved
laws
of the 1855.
United24,
isItacourtplaintiffs
where
States may
claimsdamages
for bycaused
United
States,
its
officers,
or
present
its agents arising from:
i a! The
Constitution,
Actany
of
Congress,
anyor
regulationanofExecutive
Department.
States.
/- 92
K of 1982
b! Any
express
implied
or contract
with the
United
Federal
! 920n
Aprillaw.
1982;
2,Act
Federal
the anew
Improvement
Courts Act
Federal
was signed
into
AppellateknownThe
established
Court
the as
U.S.
Court intermediate
Appeals
of the for
Circuit
Customs combined
which Court the
Claims
and
of the Court
of
also and
Patent
Appeals
created
the U.S. into single
Claimsa inherited
Court appellate
which court.
trialAct
the The
jurisdiction
the Court
of
of Claims.
Thebecame
effective
Act on
1, 19a2.92 p
October
92!92
cases
Inwhere
amount
claimed
does
not exceed
$10,000,
States
district
United
courtsconcurrent
have jurisdic
with92Claims Court.92
EFFECTIVE: 07/12/84
Procedure Instituting
for Suit
83l.2
! Suitsin92Claims
instituted
Court92are
filing
by
a1
printed
attorney. verified
petition,
affidavit
byplaintiff,92his/her9
of ~
! Thepetition must
contain following
basic
information:
a! Title
of action
includingfull Christian
and
4.s.:.;,.-.:.;.--..-.-...~.
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._'!, -_ _..._
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,Sensitive
Part Investigative
ManualIof Operations
and Guidelines PAGE
" 2 83
surnames all
of plaintiffs
b! Plainstatement
facts,
of giving
date
and
place,
free from
argumentative impertinent
or matters
c! Anyaction
taken
on the claimby Congress
orany
department Government
of
d! Any
assignmenttransfer
orclaim
orof any part
thereof, ifand,
so,whenuponand what
consideration
e! Plaintiff
is justly
entitledrecover
to amount
claimed allowing
afterall
just credits offsets
and
f! Aclearcitation of
any Act
of Congress,
regulation
an
Executive
ofDepartment Agency, ortreaty
contract,
or
patent upon
which the
suitis
based
EFFECTIVE: 07/12/84
M 33-1.3 Hearings P
! 92Evidence
hearings overis
presented
presided
ajudge
by of by
theplaintiff
court.and
judge
The defendant
at
rules
upon
materiality,or
relevance,
admissibility'of
evidence and
form
offered
of questions
asked.92
! is
In
investigationcases
investigated
oftentimes
called
as by Bureau,
forAgent
witness conducting
defendant.
! Upon conclusion
testimony
of bothforplaintiff
and
defendant,
that for
certain
facts counsel
each
submits
found
be judge92a
tolthe request
written
for92his/her92client.
This request
is based
on
92 oral
testimony
documentary
and admitted
in
evidence
data at the
hearing.
EFFECTIVE: O7/12/84
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PRINTED: 02/18/98
i
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Manual
Investigative
of Operations
Part I
Argument Before
the Court
9292a31.4
On designated
datetrial
of calendar
both parties
in suit,
tthe court oralargumentstoas
through respective
counsel, present
o
[merits of their
case.
EFFECTIVE: 07/12/84
92[831.5[ Decision
of the
Court
ders decision
in printed
Court
ren
form which
contains:
! Findings of fact
! Discussion
of law
astosaid
findingsof fact
! Amount
of recovery for ff or
found plainti basis
for
A dismissal of action
EFFECTIVEQ 07/12/84
9292s31.692 Appeal '

92Appea1s
anyin
cases
in aims
the U.S.
Cl Courtare takenby
Court of
Appeals for the
petition ofeither party
to
Federal Circuit.92
EFFECTIVE: 07/12/84
83-2 INVESTIGATIVE
PROCEDURE
! Requests
for investigation
of cases
pending
Claims
in
Court
are received
Assistant
from General
Attorney
charge
in
Civilof
DivisionDepartment.
of requests
General include:
a! Complete
investigation
booksofrecords
of
and
plaintiff
Cf}; b! Auxiliary'
'
f
o records
of
examination Government
Qdepartments
and agencies *
Sensitive
PRINTED: 02/18/98
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,_ Sensitive
PartInvestigative
ManualI of . PAGE
Operations
and Guidelines 33
! Specific requests include:
a! Locating
and interviewing
certain witnesses
b! Locating
of certain
records
c! Ascertaining
of certain
basic information
with
reference
someto particular
feature
of
caseat issue
! Investigation
requires
Agent
that
to of books
assignedand records
investigation
studyas of plaintiff
case
reflected
by petition
of plaintiff
andaplan
logical
and substantial
defense to
each proposition
advanced
by
plaintiff.
! Record
of
payments
made
Government
by plaintiff,
to
as
willreflected
beby files
securedof General Office,
Accounting
Washington92Metropolitan92F
by Washington
upon D.C.,
request
of
investigating office.
! Cases involving extra
alleged
costs
due to delay on
part Government
of following
determination construction
of in frequently
actual
factors: contracts
of
period a require
delay,
allocation
Progress of
overhead to
submitted
reportsdelay
byperiod,
plaintiff variance
toshow and
inlaborrates.
representative
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responsibility it thereby
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may
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by fixed.
reviewofdelay
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andwith
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information secured
and
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in cases
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equitable absenceIn
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make
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report
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in Government
have authorized
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careful USC,
40, terms
investigation
because
of 276a.
Section type
contractThis
case
to requires
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as
conditions
are forth
set
contractin proposals
inPlaintiffs
question. to
advertising
incidental for bids
frequently
seekto
maintainfor
their
own
localityconstruction
not organization
was capable
of allege
performing and
available
requiredlaborconstruction
the in
work.
Records U.S.of Employment
Service,
ifavailable,
may ofbematerial
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EFFECTIVE: 10/16/90
83-3 REPORTING PROCEDURE

To set
forth the
results investigation,
of particularly
in
involvedcomplicated
and
orderly manner accounting-type
which materially
will cases,
inaid
theacomplete
in
defense and
theofcase,
the investigation
shouldcarefully
be
is set
forth guidance
for in planned.
planning The following
outline
investigations
of this
nature:
! Predication
r Abriefresume investigative
of request
from Civil
Division should
be included
in the
first paragraph
of the
details of
the firstreport of
office of
origin.
! Scopeand extent of investigation
-Outlineyour
-p_ investigative
'1 audit
the attorney
in
charge and
so
plans
that
you
ofdefense
of casetobe
as will
theable
toground
fully
inform
covered.
! Historyof plaintiff
company
-Where
necessary and
pertinent,data
obtain
pertaining
toplaintiff
companyfrom commercia
credit reporting agencies.
! Statementof Government
contractDetermine
essential pertinent
detailscontract
of in question.Itr ispointed
outthat
plaintiff
portionsa frequently
contract
of that includes
inallegations
support
its itspetition
and such
only
referenceportions
to acontract
of favorable to any Fully
defendant.omits
identify contract
by number
anddate.
! Claim
of plaintiff
-Determine
essential details
of
plaintiff's
such date
claim,
as: filed,
claim number,
allegations
contained
in claim, and
special features
of claim.
! Factsatissue
in caseDetermine
- main
thefeatures
of both
may plaintiff's
informed
be defendant's
and sothat
contested
offacts
therein. Government
This case
attorneydown
could92be
broken
as
follows:plaintiff's
defendant's
position,facts subject
position,
to determination
by court,and special
features.
! Facts disclosed by
investigation -
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investigation
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results ofthe accounting
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be shown
in asummary
scheduleschedules
or comparing
item byitem the
results of
the audit
conductedplaintiff's
with setting
claim,
forth
any differences noted
and
exceptionsmade. Be
prepared
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differencesdetail
in forthe benefit
of.the attorney
who will
be
handling the defense.
b! Factssecured from
interview
with
prospective
witnesses
c! Data secured from other sources

8! Conclusion
Be prepared
to
presenta brief,concise
summary schedule
of theaudit results,
together with
abrief summary
of anyother information
developed
verificationaccounting
by which
is
analysisnot
but which susceptible
may of ofto
bevalue the
Government attorney
defending thissuit.
EFFECTIVE: 10/16/90
83-3.1 Locating and Interviewing

Witnesses
Investigationspurpose
for locating
of and
interviewing
witnessesfrequently
are requested
by Civil
DivisionDepartment.
of
Agent should
consider advisability
of securing
signed statements
and/or making
complete notes.
Agent should
secure sufficient
backgroundcase
of
I intervieweddue
question
in so|he/shelmay
refresh memory
of person
who, to
lapse
of time and absence official
of record,
may plead
ignorance to
details
as of transactions
inquired of.
EFFECTIVE: 07/12/84
83-4 ACCOUNTING WORKING PAPERS

'
Copies all
of accounting
working papers
and schedules
prepared be
should
made
and.forwardedFBIHQ to
anas
enclosure
to
the
accounting report
for transmittal
to CivilDivision. When
aclosing
report
isreceived
fromthen
I working papers
should WashingtonletropolitanlField
be forwarded
to FBIHQ Office,
LHM original
by cover for
transmittal Civil
to Division
for completion
of theirfile.
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EFFECTIVE: 10/16/90
83-5 OFFICE or ORIGIN

FBIHQ will
designate office
of originwhich is
to remain
origin until
caseis
closed.The office
of origin,
upon completion
of
its investigation,
is
to submit
aletter to FBIHQ
withacopyto the
WashingtonletropolitanlField
|Metropolitan|Field Office
follow
Office
Claims instructing
Court that
untilaWashington
docket final
cdecisionhas been
rendered. Included
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background
theofcase
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amount involved
in thesuit. The
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of origin fileis
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inactive"
Istatus. Washington|Metropo1itan|Field
office,is
to follow all
cases aon
monthly
acting
basis and
auxiliary
asOffice,
advise origin
and FBIHQ
whenadecision is rendered
by thecourt.
<T;: EFFECTIVE:'l0/16/90
83"6 PRIVACY ACT '
REQUIREMENTS
l! When
interviewing anyone
in theabove classification,
in order
to solicitinformation about
himself/herself
his/her
or own
activities, theinterviewing
Agent
must follow the
procedures
described
in
Part I, 19O*5,
subparagraphs
and !!,of thismanual.
! When interviewing an
individual tosolicit
information concerning
someone than
otherthe
interviewee thereby
classifying that
individual
interviewing Agent
must asasource
of information!
relatingthe
follow the procedure promises
to ~of
confidentialitydescribed
as in
Part I, 190-7,
of thismanual.
EFFECTIVE: 10/16/90
s37 CHARACTER CLAIMScounr
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SECTION
FRAUD
86. AGAINST
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SHALLBUSINESS
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MIOG,| sEE
PART
1, SECTION
46.
86-1 BACKGROUND
[The classification
86 eliminated
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Fiscal Year
1996 46C
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I, 46.|
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and PAGE 37
Part I
SECTION 87.
INTERSTATE TRANSPORTATION
OF STOLEN
PROPERTY
92
av-1STATUTES
JURISDICTION
M106,
AND
1,
14.15,
PartSee
192-5!, 264-2 5 . ..5
Title
13,
USC, Sections]668,[23ll
in part!,231k, and
92
2315;1231s,
3294.]
EFFECTIVE: 11/03/9n
, 871.l ]Section -668

Theft
of
MajorArtwork
Definitions -
92
II !
H museum means
an organized
and permanent
institution, the
activitiesof
which affect interstate
or foreign
commerce, that--
' ll is
situated in the United States;
ll is established
for anessentially educational
or
aesthetic purpose; has a professional staff;
and
I1
ll owns, utilizes,
and cares
for
tangible objects
that are
exhibitedthe
toof
"object public
on heritage
cultural ameans
regular schedule.
an object
that
is"-
H over 100
years old
and worth
in excess
of
$5,000; or
worth at
least $100,000.
T " B!
" b! Offenses
1| steals
or obtainsby fraud
from the care,
of amuseum
any object
of
cultural heritage; or
custody, or control
n knowing
that
an objectof
cultural heritage has
been stolen
or obtained
by
fraud,ifin fact
the object stolen
was or
obtained
fromthecare,
custody, or control
of
a museum whether
or
I or
notthatfactis
disposes
of knownto the
the object, person!,
shall receives,
be fined under conceals,
this title, exhibits,
imprisoned
not more
than
10 years, or
both."|
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I InvestigativeOperations
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87 2
EFFECTIVE: 11/O3/94
87l.l.1 Definitions
_ ". . . 'Money'
means thelegal
tender
of theUnited
States
or of anyforeigncountry,
or anycounterfeit
thereof;. . . .
HI Securities'
includes anynote, stockcertificate, bond,
debenture,
check,
draft,warrant,
traveler's
check,
letterof credit,
warehouse
receipt,negotiable
bill of lading,evidenceof
indebtedness,
certificate
of interestor participation
in any
profit-sharing
agreement,
collateral-trust
certificate,
- preorganization
certificate
orsubscription,
transferable
share,
- investment
contract,voting-trustcertificate;|valid
or
blank motor
vehicle
titles; certificateof interestin property,
tangible
or
intangible;instrument
ordocument
or writing
evidencing
ownership
of .
goods,
wares,
and
merchandise,
ortransferring
, title, orinterest
orassigning
any
right,
in ortogoods,
wares,
andmerchandise;
or,in
i general,anyinstrument
commonly
known
asa 'security',
orany
certificate
of interest
orparticipation
in, temporary
or interim
certificatefor, receiptfor, warrant,
or rightto subscribe
to or
purchase
anyoftheforegoing,
oranyforged,
counterfeited,
or
spurious
representation
of anyof theforegoing;
"'Tax
stampincludesanytaxstamp,
taxtoken,taxmeter
imprint,
orany
other
form
ofevidence
ofanobligation
running
to a
State, or evidence
of the discharge
thereof;
"'Va1ue'
means theface,par,
or market
value,whichever
is thegreatest,
andtheaggregate
value ofall goods,
wares,
and
merchandise,
securities,
andmoney
referred
to in
a single
indictment
shall constitutethe value thereof."
TheDepartment
hasstatedthat"goods,
wares,and
merchandise"
aresufficiently
broad
to
cover all property
notembraced
bythewords
"lands,
tenements,
and
hereditaments."
Therefore,
this
" section
ofthestatute
covers
anyand
all property
of whatever
nature,
which is subject to larceny.
EFFECTIVE: 0a/19/s5
e
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PRINTED: O2/18/98
-.. .'...-.=..-.-.i.
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and Guidelines
Bart I PAGE 87
37-1.21 Section 2311
EFFECTIVE: 11/03/9h
37-1.2.11 Definitions
See MIOG,
Part 1,26-1.a.!|
". . .'Money
means the
legal
tender of theUnited States
or of any foreigncountry, or
any counterfeit
thereof;. . ..
Securities includes
any note,stock certificate,bond,
debenture, check,
draft, warrant,
traveler's letter
check,
ofcredit,
warehouse receipt,
negotiable
bill
of lading, evidence
of
indebtedness, certificate
of interest
or participation
in anyprofit-
sharing agreement,
collateral-trust certificate,
preorganization
certificate or
subscription, transferable
share, investment
contract,
C, voting-trust certificate;
valid orblank
motor vehicle titles;
certificate ofinterest inproperty, tangible
or intangible;
instrumentdocument-or
or writing
evidencing ownership
of goods,
wares, and
merchandise,
transferring
or assigning
or right,
any title,
or interest
in orto goods,
wares, and
merchandise; in or,
general,
any instrument
commonly
known asasecurity,or any certificate of
interest or
participation in,
temporaryinterim
or certificate
for,
receipt for,
warrant,right
or tosubscribeortopurchase
any of
the
foregoing,any
or forged,
counterfeited,
orspurious
representation of
any of the foregoing; ,
"'Tax includes
stamp anytax stamp,
tax token,tax meter
imprint, or
any other
form of
evidencean
of obligation
running ato
State, orevidence of
the discharge
thereof;
"Value'
means
the face,
par, or marketvalue, whichever
is thegreatest, and
the aggregate
value of
all goods,
wares, and
merchandise, securities,
and money
referred to
in-a single
indictment
shall
constitute the value thereof."
p The Departmentstated
has that"goods, wares,
and
merchandise"
sufficiently
are broad
to cover
all property not
embraced
by the
words "lands,
tenements,
hereditaments."
and Therefore,
this
section of
the statute
covers any
and allproperty of
whatever nature,
C which is subject to larceny.
Sensitive
PRINTED: 02/18/98
._________------IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIl|lulull
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Part I PAGE87
-
EFFECTIVE: 11/03/94
87-1.3| Section
2314 Transportation
of
Stolen Goods,
Securities,
Moneys,
Fraudulent
State TaxStamps,or Articles Usedin
Counterfeiting
| SeeMIOG,
Part
I, 2642.5.5.!|
"Whoevertransports in interstate or foreign commerce
any
goods,
wares,
merchandise,
securities
or money,
of the
value of $5,000
or more,knowing
the same
to havebeenstolen,
converted or taken
by
fraud; or
"Whoever,having
devised or intending to devise any scheme
or artifice to defraud,or
for obtainingmoney
or propertyby means
of
false or fraudulent pretenses, representations, or promises,
transportsor causes
to be transportedor inducesanypersonto
travel
in, or to
be transportedin interstatecommercein the execution
or
L; concealmentof a schemeor artifice to defraud that personof moneyor
property havingavalue of $5,000 or more; or
"Whoever,with the unlawful
or fraudulent intent,
transports
in interstateor foreigncommerce
anyfalselymade,
forged,
altered, or counterfeitedsecurities or tax stamps,knowing
the same
to have beenfalsely made,
forged, altered,
or counterfeited; or
"Whoever,with unlawful or fraudulent intent, transports
in interstate
or foreigncommerce
anytraveler's
checkbearinga
forged countersignature;
or
"Whoever,with unlawful or fraudulent intent, transports
in interstate or foreigncommerce,
anytool, implement,
or thing used
or fitted
to be used in falsely making,forging, altering, or
counterfeitinganysecurity,
or tax stamps,or anypart thereof-
"Shall
$10,000 or imprisonednot
more than ten years, or both.
. "This section shall not apply to any falsely made,forged,
altered, counterfeitedor spuriousrepresentation
of an obligationor
other security of the UnitedStates, or of an obligation, bond,
certificate, security, treasurynote, bill, promiseto pay
or bank
T
?»
..;_e_.
note issuedby anyforeigngovernment
or by a bankor corporationof
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PRINTED: 02/18/93
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iii? ,Sensitive
Part I PAGE 87
-5
any foreign
country." Handled
by Secret
Serviceasaviolation of
Title 18, USC, Section 430.!
EFFECTIVE: 11/03/94
|s7-1.3.1 [Moved to
37-1.4.1|
EFFECTIVE: 07/25/96
[I87-1.41 Section
2315 Sale
- orReceipt of
Stolen Goods,
W} Securities,
Moneys,
Fraudulent
or Tax Stamps
State
"-' "Whoever receives, possesses, conceals, stores, barters,
sells, or disposes of
any goods,
wares, or
merchandise, securities,
or
money ofthe valueof $5,000or more,
or pledges oraccepts as
security fora loanany goods,
wares, or
merchandise,securities,
or
of the value of$500 ormore, whichhave crosseda stateor United
States boundaryafter beingstolen, unlawfully
converted, or
taken,
knowing the
same to
have been
stolen, unlawfully
converted, taken;
or
or
"Whoever receives, possesses, conceals, stores, barters,

sells, or disposes ofany falselymade, forged,altered, or
counterfeited securitiesor tax stamps, orpledges oraccepts as
security foraloan any falselymade,
forged, altered, or
counterfeited securities
or tax stamps, which
have crossed a state or
United Statesboundary afterbeing stolen,unlawfully converted,
or
taken, knowing
the same
to havebeen so
falsely made,
forged, altered,
or counterfeited; or
"Whoever receives in interstate or foreign commerce, or

conceals, stores;
barters, sells, or disposes
of, any tool, implement,
or thingused orintended tobe usedin falselymaking, forging,
altering, orcounterfeiting
any
security or taxstamp, oranypart
¬:4 interstate
- thereof,
92
kg used, or
or foreign
moving as,
has been
commerce, that same
the
knowing
fitted
or whichis a part of, or whichconstitutes
used,
in falsely making, forging, altering,
or
isbeto
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PRINTED: 02/18/98
,..;.92_¢_;_;. ,.....=...=..'..-.
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Part I PAGE 876
counterfeiting any
securityor
tax stamp,or
any part thereof-r
"Shall be fined
not more than $10,000 or imprisoned not
more than ten years, or
both."
EFFECTIVE: 11/03/94
IIB7-l.4.l| Securities Excluded From

Section 2315
"This section shall not apply to any falsely made, forged,
altered, counterfeited, or
spurious representation of an obligation or
other security of the United States or
of an obligation, bond,
certificate, security, treasury note, bill, promise to pay, orbank
note, issued by
any foreign governmentor by a bankor corporation of
any foreigncountry." Handledby SecretService
as aviolation of
fl Title
18, USC, Section
480!.
EFFECTIVE: 11/03/94 _
| s71.5 |Section 3294

"No personshall be
prosecuted, tried, or punished fora
violation of or conspiracy to
violate Section
668 unless the
indictment is
returned or
the information is filed within 20 years
after the commission of the offense."|
EFFECTIVE: 11/03/94
187-1.5.1 [Moved
to
s71.7.1|
T-_.
_ 1I
2'9"-V
Sensitive
PRINTED: 02/18/98
... _.. .-.;;..-.":.-'..'_;..s-92.;-s..;e.;.».';..=.;:-12":-'...;.i.,<t:L~»-.;..~s.z.;.s.
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,;¢ .Sensitive
Manual
and Guidelines PAGE-877
EFFECTIVE: 07/25/96
l[87l.692 Jurisdiction
of
Other Federal Agencies
The interstateor foreigntransportation
of
falsely made,
etc., securities
which are
obligations
of
the U. 8.,foreign
governments, foreign
or corporations
are exempt
from
the provisions of
this statute
by anexception
in
the statute itself.This exception
is
to avoidaconflict of
jurisdiction with theSecret Service,
U. S.
Treasury Department.
U. S.Postal
Service money orders, money, and
government obligations
which are
falselymade,
etc., are notthe
subject
ofaviolationof
this statute.Ifinformation
is developed
of fraudulent
interstate transactions
in thesaleof
securities, the
facts
should be forwarded to theSecurities and
Exchange Commission
as
a possible
violationof
Title 15, USC,
Section 77q. i
1"
1%
'" EFFECTIVE: ll/03/94
||87l.7l Other
Provisions Concerning
Sections and
23142315
EFFECTIVE: 11/03/94
||87-l.7.1| Statute
Language "Cause
to beTransported"
Note: Whilethe language
"causeto
be transported" does
not appear
inall paragraphs
of
Section2314 and
inSection2315, it
is observed
that Section
2 of
Title 18
covers as
principals those
persons "causing
or procuring."
je. EFFECTIVE:
11/03/94
Sensitive
PRINTED: 02/18/98
_
E2;-.',..z.'.=
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QMJE Sensitive
Manual
Part IofInvestigative Operations andGuidelines PAGE -87
3
]|87-1.8| Section
2318Transportation,
- or
Sale,
Receipt
of
E
Phonograph Records
Bearing Forged
or Counterfeit
Labels
I l See nxoc, Part
1, 87-4.2.1.!|
"Whoever knowingly
and withfraudulent intenttransports,
causes tobe transported,
receives, sells,
or offers
for salein
interstateor
foreign commercephonograph
any record,
disk, wire,
tape, film,
or other
article on
which sounds
are recorded,
to which
or
upon which
is stamped,
pasted, affixed
or any
forged
or
counterfeited
label, knowing
the labelto havebeen
falsely made, forged,or
counterfeited, shall
be finednot morethan $1,000
or imprisoned
not
more than one year, or
both."
EFFECTIVE: 11/O3/94
Q F1|s11.9|Conspiracy
Violate
to Sections
231a, 2315,
or
2318
Conspiraciesviolate
to Title18, USC,
Sections 2314,
2315, and
2318, must
be prosecuted
under the
general conspiracy
section Title 18, USC,Section 371!.,
EFFECTIVE: 11/03/94
37-2 ELEMENTS OF PROOF
EFFECTIVE: 01/31/78
872.1 Transportation Elements
EFFECTIVE: 01/31/78
Sensitive
PRINTED: 02/1a/98
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§5Q§ Sensitive
Manual
Part ofIInvestigative Operations and
Guidelines PAGE- 37
9
87-2.1.1 Stolen Property Transportation
! Property is stolen,converted,
or taken
by fraud.
! Such property, valuedat $5,000
or more,is
transported in interstate or foreign commerce. .
! The transportermust
have knowledge property
such had
been stolen,
converted,taken
or by fraud. |Pursuant
to Title18, USC,
Section 21,
the element
of
guilty knowledgealso
may beestablished
by
proof that
the defendant
believed that
the
propertyhad been stolen,
converted,taken
or byfraud, after
or asa resultof
an official
represenation
as
to
thenature
1-l.l2!. _
ofthe
property
see Part
MIOG,II,
! It is
not necessary the
for
actual thief orembezzler
to perform
the transportation.
It_is only
necessarythat the
person
transporting
the
propertyknew
it to bestolen or
taken
in anyof
the
ways specifically prohibited.
K,i=5valueare used
4 '
! toestablish
Where
several transportations
oflessthan
the jurisdictional
$5,000 in
limit, theDepartment
has stated
sporadic transactions
are notto begrouped,
butonlya
seriesof
transactions
closely associated
or acontinuing course
of
conduct should be considered.
EFFECTIVE: 10/23/95
87-2.1.2 Transporting Persons -

! Schemeis to
obtain money or
property byfalse or
fraudulent pretenses.
Z! Suchpropertyis
valued at
$5,000 or more.
!_ Personsare transported,
caused be
to transported,
or
inducedtravel
to inor betransported interstate
asaresult of
false
representations.
! The travel is in executionor concealment
of
the
scheme.
-_:,1
.2 1'
-In I
Sensitive
PRINTED: 02/18/98
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.

Part I PAGE 8710
EFFECTIVE: 01/31/73
872.l.3 Transporting Counterfeit Securities, Tax

Stamps, or Sound
Recording Labels
! Falsely made, forged, altered, or counterfeited

securities or tax stamps, or traveler's
checks with forged
countersignature, or forged or counterfeited labels on
sound
recordings are
transported ininterstate or foreign commerce.
! With unlawful or fraudulent intent
! The person transportingsuch spurioussecurities, tax
stamps, orlabels onsound recordings
knew thesame
to have been
falsely made,
forged, altered, orcounterfeited. ]Pursuant
to Title
18, USC,Section 21,the elementof guilty knowledge mayalso be
established byproof that the defendant
believed thatthe spurious
I ,securities, tax stamps,
or labelson sound
recordings had
been falsely
i- Tmade, forged, altered,or counterfeited,
after or as aresult of an
92- official representation asto
the nature ofthe propertysee MIOG,
Part II, 1-1.12!.|
EFFECTIVE: 10/23/95
87-2.l.& Transporting Tools orParaphernalia Used

In Counterfeiting-
Securities or Tax Stamps
! That any tool,

implement, or thing used or fitted to
be usedin fa1se1y_making,forging, altering, or counterfeiting any
security,tax
stamp, or part
thereof is transportedin interstate or
foreign commerce.
! The
transporter must havean
unlawful or fraudulent
intent.
EFFECTIVE: 01/31/78
<§T¥; 87-2.2
Receiving Elements
-1:- .,,.
..7--_._;,=
_,-
Sensitive
PRINTED: 02/18/98
92.,.;;...t,_
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g_~§ Sensitive
~w

Part I PAGE 87
11
EFFECTIVE: 07/28/87
87-2.2.1 Receiving Stolen Property

! Property is stolen, unlawfully converted,
or taken.
! The property so takenin
the amount of$5,000or
more
is transported in interstate or foreign commerce.
! The person receiving, possessing, concealing,
storing, bartering,selling, or
disposing of the property inthe
amount of$5,000or
more, knew it to havebeen stolen,unlawfully
converted,or
taken. |Pursuant toTitle 18, USC, Section
21, the
element of
guilty knowledge
may also
be established
by proofthat the
- defendantbelieved thatsuch property
had beenstolen, unlawfully
converted,or
taken,
I.
to after
theor nature
representation
as as aresult of an official
of the property MIOG,
see
II, Part
1-1.12!.
' :_.
92" ! The personreceiving, etc., same didso after the
property had
crossedastate or UnitedStates boundary.
EFFECTIVE: 10/23/95
87-2.2.2 ReceivingCounterfeit Securities,

Tax Stamps,
or Sound
Recording Labels '
! The falsely made,

forged, altered,
or counterfeited
1
items crossed a state or United States boundary.
! The person receiving,etc., samedid so after the
items had crosseda state or
United States boundary.
! The receiver knewitems to be falsely made,
etc.
[PursuantTitle
18,
to USC, Section
21, the
elementguilty
of knowledge
may also
be established
by proof
thatthe
defendantbelieved that
such
items were
falsely made,
etc., after or
as aresult of an official
representationto
asthenature ofthe propertysee MIOG,
Part II,
"»-.
11.12!.l
A.-;:_
.'
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uul-"
Sensitive
PRINTED: 02/18/93
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92
'31
._, =5.
{L I-3 Sensitive
Manual
Part I ofInvestigative Operationsand Guidelines PAGE 87
EFFECTLVE: 10/23/95
87-2.2.3 Receiving
Tools or
Paraphernalia in
Used
Counterfeiting
Securities or Tax Stamps
! The tools, etc., used orintended tobe

used in
making falsely
made, etc.,
items were
moving as,
apart of, or
constituted interstate or foreign commerce.
!The person receiving
same didso whilethey wereso
moving.
-! The receiver,
etc., knew
the tools,etc., werefitted
to beused or
had been
usedin
falsely making, etc.,any security, tax
stamp, any
or part
thereof. '
EFFECTIVE: 07728/87
f
87-2.3 Pledging Elements
EFFECTIVE: 07/28/87
87-2.3.1 Pledging Stolen Property

! Property valued at
$500 or
more isstolen, unlawfully
converted, or taken.
! Such property has
crossedastate or UnitedStates
boundary.
! It is pledgedor accepted
as
a security fora loanby
one knowing
it to have been
stolen, unlawfully
converted, etc.
Pursuant Title
to 18,USC, Section
21, theelement guilty
of
knowledge
may also
be established
by proof
that the
defendant believed
that such
property had
been stolen,
unlawfully converted,
etc., afteror asa
result ofan
official representation
astothe nature of the property
see HIOG,
Part 11, 1-1.12!.]
-H. ! The pledging oracceptance of
such propertyas
{ ",;,92
security for
aloanwas done
.92 2'
uénigb
afternit had
crossedstate
or
a United
Sensitive
PRINTED: 02/18/98
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2...-...__._.sr-..'....
,r___,
__ ._.__
i_!f Sensitive
Manual
13
States boundary.
EFFECTIVE: 10/23/95
87-2.3.2 Pledging Counterfeited Securities

or TaxStamps
! Falsely made, forged,altered, orcounterfeited items
are transported
acrossastate or UnitedStates boundary.
! The person pledging
or accepting
as securityfor a
loan such
falsely made,
etc., items
knew them
to befalsely made,
etc.
|Pursuant
Title
to 13,
USC, Section
21, the
elementguilty
of knowledge
may also
be established
by proof
that
the defendant believed
that
such
items were
falsely made,
etc., afteror asaresult of an
official
represenpation
as
to the nature
of the
property
MIOG,
see
II, Part
11.12!.
it ! Thepledgingacceptance
or such
of items
is done
92~- after they have
crossed
a state
or United States
boundary.
EFFECTIVE: 10/23/95
87-3 POLICY
EFFECTIVE: 07/28/87
873.l Stolen Property Cases

Includes Property
Taken Fraud
By or
Converted!
EFFECTIVE: 07/28/87
873.l.1 Valuation of Stolen Property
Sensitive
PRINTED: 02/18/98
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Part I PAGE 37 " 14
EFFECTIVE: 07/28/87
373.1.2 Major Theft Cases
!A major theft case is one in

which the value of the
stolen property exceeds $50,000.
Transportation of goods, wares, merchandise, securities or

money - It is important to determine early in the investigation the
value of the property taken. In regard totangible property, such as
clothing, jewelry, automobiles, rare
paintings, manufactured articles,
etc., the actual value is sought. In the case
of articles having no
ready market value, such as antiques, the owner's
testimony of
lwhat|he/she|paid for the stolen articles,-together with an expert
appraiser's evaluation,
wouldbe
very strong evidenceof their value.
In the case of such items as
household goods, their
value for
jurisdictional purposes is not what they would bringat asecondhand
x Zsale but what
they are worth
to their
owner; i.e., original cost less
E depreciation. Inthe caseof securities,the statuteprovides the
*~ value is
the face, par, or market value, whichever is the highest. In
the case of merchandise which
has not reached the consumer, the courts
have held the retail
value of such goods is its
value for
jurisdictional purposes.
! When a major theft occurs, immediately institute

active investigation
a! Here liaison contact with local authorities is

not sufficient.
b! Develop details of the theft, any suspects, and

description of stolen property.
c! Assign sufficient manpower to run out all
immediate leads
in both office of origin and auxiliary offices
expeditiously.
! Teletypes in major theft cases
a! Send
to FBIHQ and logical field offices.
P b! Include details of theft, descriptionsof stolen
:T2 property
and suspects,
_;§§ being
taken
results
by
crime
of search;
scene investigation
your office and
local authorities,
if applicable!;
p» .' 1
Sensitive
92
PRINTED: U2/18/98
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Sensitive
.
Manual
of Investigative Operations and Guidelines
_
Part
I PAGEB7 -15
identifying data concerning
victim for Bureauindicessearch,and
results of
your indicessearchregardingvictim; andleadsfor
auxiliary offices.
c! Submit initial teletype summaryincluding

contemplated investigationas
soon as circumstances
of theft are
ascertained. Withinoneweekafter the initial teletype submita
cover airtel with LHMsummary to
FBIHQ and
your surrounding offices
includingbutnot limitedto, complete
description
of stolenproperty
andinvestigationconducted,unlessinstructedto the contrary
by
FBIHQ.This LHMsummary should
be suitable for dissemination
and
should
not includeinformantinformationor describesensitive
investigative techniques.
EFFECTIVE: 07/28/87
87-3.1.3 OtherStolenPropertyCasesUnder$50,000in Value!

J..-
Qk
i ! Inany
case
where
circumstances
indicate
stolen
~ propertyvalued
over$5,000!
maytravelinterstate
or where
organized
crimefiguresare involved,prepareappropriate
communication
to
interested offices. .
! Promptlyobtaindescriptionof stolenpropertyand
its value.
! Donot institute investigationunlessit is

reasonablethat stolen_propertywill travel in interstate commerce.
! In anycasewhere
public interest andpublicity may
be great, adviseFBIHQ
expeditiously
by teletypeof details.
'
EFFECTIVE: 11/18/83
87-3.2 Fraudulent Check Cases
EFFECTIVE: 11/18/33
Sensitive
PRINTED: 02/18/98
'-IJ..-Q-I'l92-d1I-I1;-HIn."..
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92_J' Sensitive
PartofInvestigative
shanual I Operations
Guidelines
and PAGE
- l6.87
87-3.2.1 Quality Case Concept
he
EFFECTIVE: 11/18/83
B7-3.2.2 Department
of
JusticeProsecutive Policy
! TheDepartmentthat
Section
advises2314not
is
applicable
bad to
check
casessubject
wheretrue
uses
name
or analias
by which
subject iscommonly known.
L92
t! primary
--u Thefor
Department
takes
responsibility that
prosecuting
bad View
authorities
local
check
cases, evensuchha
when
cases clearly
fall within
the technical
scope
of
the statute.
~! Generally, prosecution
limited following
to
circumstances: -
a! The
because the state
prevented
defendant, from
successful
orevidence,
witnesses prosecution
are beyond
the state's
borders.
b! Thesubject passed
such checks
in numerous
jurisdictions.
Hc! Subject's
either
offenses
do
not constitute
violations
punishablethe
under
such applicable
state
laws
by instate's
lightof or are
statutes
inadequately
thefrequencyscope
of
and
the defendant's
activities.
d! The
bad check
chargestoare
be
brought in
conjunction
other
with
Federal
charges; impersonation
e.g., ofa
Federal official.
Sensitive
PRINTED: 02/18/98
in _ ..._....
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,,q3

Part I PAGE 87r17
EFFECTIVE: 03/23/92
873.3 Conspiracy to Violate ITSP Statute

The Departmenthas advised conspiracies to violate the
ITSP statute are violative of Federal laws even where the theft of
property has
not actuallyoccurred. When
information isreceived
indicating a conspiracy tocommit atheft or robberyof
$5,000 or more
and transportthe proceeds in interstate commerce, immediately
discuss
facts with USA fordetermination asto whether investigation should be
initiated. In each such instance following discussion with USA,
advise FBIHQ of full facts.
EFFECTIVE: 03/23/92
/= 873;4- Heavy Equipment Cases
~~ ! For investigative
purposes,equipment
heavy will
include truck tractors, trailers, off-highway vehicles, construction
equipment, and
farm equipment.Investigative policiesand procedures
concerning thesethefts will be similar to those pertaining to
Interstate Transportation of Stolen Motor Vehicles. See PartI,
Sections 26-2 and 26-4 of this manual.!
! One of
the significant differences between ITSMV
and
heavy equipment investigations is that certificates of title are not
required for offhighway vehicles,construction equipment, or farm
equipment. Ownership
can normally
be established
bymeans
of atrace
through the manufacturer.
EFFECTIVE: 03/23/92
37-4 INVESTIGATIVE PROCEDURES
EFFECTIVE: 03/23/92
zili 874.1Stolen Property

.-Q
- w"
Cases
kSensitive PRINTED: 02/18/98
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.; _.._
.;.-_.-..
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r-.
pf: :3?
L;!; Sensitive
Hanual
Part I of Investigative Operationsand Guidelines PAGE -87
13
EFFECTIVE: 03/23/92
874.l.l Investigative Steps

! Ensure that appropriate
crimescene
search has been
conducted for
latent fingerprints
and other
evidence, and
that
neighborhood investigation
is completed,
l! lDeleted|
EFFECTIVE: 03/23/92
87-4.1.2 In Major Cases

?_ If amajortheft, institute
investigationpolicy
under
<j'E
; or
for
teletype of any
requirements
cases
such
case in
873.l.2!.
which public
see
interest
FBIHQ
will
Notify
telephone
be great
and
by
press
inquiries may be
received atFBIHQ. X
EFFECTIVE: O3/23/92
874.2 Transportationof FalselyMade, Forged,

Altered,or
7Counterfeited Securities, Tax
Stamps, Labels
or on
Sound
Recordings
EFFECTIVE: 10/26/87
87.2.l Establish That SecurityCovered the

By Statute
The Agent
should first
determinethe
if item
in question
is
coveredby thestatutes. Section 2311 specifically
defines
numerous documents
as securities.Validor
blank automobile
certificates title,
of bills of sale,
and whiskey warehouse receipts
are samples
of securitieswhichmay
be altered, forged,or
counterfeited cases
in coming
to
the Bureau's attention.
f:5_ additional
For
9--w manual.!
see
information,
The Agent
I,Part
Section
26-1,
should obtain
this
of
the item
transportedas
accurate
or a
Sensitive
PRINTED: 02/18/98
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::Q§ Sensitive
Manual
descriptionsame
of possible.
as The
Agent must
rememberitthat
is
not necessary
to
establish such falsely
made, etc.,
items have
been
previously stolen
or embezzled
or thatthey had
any value.Section
2318 dealing
with labels
on soundrecordings appliesto all presently
known methods
of recording
sound waves
accordingthe to Department
of
Justice. The
Departmentalsohas advised
that it is immaterialwhether
the bogus
label is attached toa genuine
recording.
EFFECTIVE: 10/26/87
87*4.2.2 Odometer Turn-Back Cases _

Altered or reset odometers
on motorvehicles aremade
unlawfulTitle
by 15,
USC, Sections
1981-1991 Odometer
Requirements!,
which
priorto
the passing Public
of Law
94364 Motor
Vehicle
InformationCost
and Savings
Act Amendments
of 1976!
on July
14, 1976,
_1.prohibit
tampering
certain
odometers
carried no
motor
with
vehicles
criminal penalties.
safeguardsthe
forprotection
and
onestablish
to
The purpose
of purchasers
with
of this statute isto
respect to
~the sale ofmotor
vehicles having alteredor resetodometers. Title
i 15,USC, Sections
1981-1991,
directed
is anatarea
of crime
involving
consumer fraud
affecting purchasers
of previously
owned automobiles.
EFFECTIVE! 10/26/87
374.2.3 Statutes
Title 15,USC, Sections
1933-1988; Title
18, USC,
Sections
2314 and 1343.
EFFECTIVE: 10/26/37
Sensitive
PRINTED: U2/18/98
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l._ - ,.
! '2»,
J Sensitive

Part I PAGE 37
874.2. Title 15, USC
l! Section 1983. Unlawfuldevices causing
odometer to
register mileage
other than
true mileage
driven. No person shall
advertise for
sale,
sell, use, orinstall or cause tobe installed,
any device
which
causes an odometer to registerany mileage other than
the truemileage driven.For purposes
of this section, thetrue
mileage driven
is thatmileage driven
by thevehicle as registered by
the odometerwithin the manufacturer's designed
tolerance.
! Section 1984. Unlawful
change of
mileage indicated
on odometer.
No personshall
disconnect, reset, oralter, or cause to
be disconnected,
reset, oraltered, theodometerany
of motor vehicle
with intent to changethe number
of miles-indicatedthereon.
! Section 1985. Unlawful
operation ofmotorvehicle
with knowledge
of disconnected
or nonfunctional
odometer prohibited.
No person
shall,
with intent todefraud, operate
a motor
vehicle on
any street
or highway
knowing that
the odometer
of such
vehicle
is
disconnected or nonfhnctional.
Q ! Section 1986. Conspiracy
to violate odometer
requirements.
! Section 1987. Lawfulservice, repair,
or replacement
of odometer;
adjustmentmileage
of and
notice
of adjustment; failure
to adjust
mileage affix
or
notice of adjustment
and removal
or
alteration ofnotice withfraudulent intentprohibited.
"Nothing inthis subchaptershall
prevent the service,
repair, or
replacement
an
odometer,
of providedmileage
the indicated
thereon remains
the same
as beforethe service,repair, or
replacement. Where
the odometer
is incapable
of registering
the same
mileage before
as such
service, repair,
or replacement,
the odometer
shall
be adjusted toread zero
andanotice in writingshall be
attached to
the left door frame
of thevehicle by
theowner
or his
agent
specifying the mileage
prior torepair or
replacement
theof
odometer and
the dateonwhichitwas repaired orreplaced. Any
removal alteration
or of
such notice
so affixed
shall
be unlawful."
EFFECTIVE: 10/26/87
U. H
a.
Sensitive
PRINTED: 02/18/98
----IIIIIIIIIIInIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIlllllIlllllllllll
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.
Sensitive

Part I - PAGE 87-
87.2.5 Title 18, USC,Sections 2314and 1343
! Section 2314. Transportation of Stolen Goods,
Securities, Moneys,
Fraudulent State
Tax Stamps,
or ArticlesUsed in
Counterfeiting.
! Section 1343. Fraudby Wire. ITSP andFEW Statutes

have been
used successfully
in
widespread odometer turn-back
operations. The
interstate transportation
of falselymade securities
is a violation of Title
18, USC, Section
2314,when
the certificate of
title of an automobile,
asecurity, has theautomobile mileage
falsely
reported iton
and the.securitytransported
is interstate.
Title
18,
USC, Section
2314, also
prohibits anyone
from knowingly
transporting
in interstatecommerce money,
in the amount of
$5,000 ormore, that
has been taken byfraud. Thevalue ofcertain used
cars mayexceed
$5,000 and
further the
combined value
of carswith odometer
turn-backs
sold interstate
by anautomobile dealer
could easily
exceed $5,000
and
that suchadealer could beinvolved inaconspiracy to violate
Section 2314.Violations ofthe FBW and theHail FraudStatutes may
exist when
purchase arrangementsfor carswith odometerturn-backs are
made interstate
by wire
communications whenor
adealeradvertises
such cars
for sale over radioor
television, or when the mailsare
used totransmit certificates
of title bearing
false information.
EFFECTIVE: 07/18/86
37-4.2.6 Definitions
! The term "dealer"
means any
person who
has soldfive
or more
motor vehicles
in thepast twelve
months
to
purchasers
who in
good faith
purchase such
vehicles for
purposes other
than resale.
! The term "distributor"means any
personwho
has sold
five or more vehiclesin the past twelvemonths forresale.
'->:;92
Sensitive
PRINTED: 02/18/98
j..a---.. 1.--92-!.'.'_~gall:-"~11-.'i.I.i~=--.14.»;-.-a.1»3....-JD;-v92.92.4<un4."AL»¢-X
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Sensitive
.1 Manual
Part IInvestigative
of Operations
87-4.2.7 Policyand Investigative
Procedure
l! If it is determinedthe
that
case
does not
involve
widespread
ring
type activityodometer
in tampering,
then care
should
be exercised
in expending
investigative manpower.
! tlose
liaison
should be maintained
with the
USA with
regard tothese investigations.
H!
or
dealers
Upon receipt
is/are involved
of allegation
in odometer
that
acertain
car dealer
turnrbacks records
certain may
be essential
in corroborating
the
allegation.
yvery
a! beneficial
Theinvestigators
State
Motor
Vehicle
in advising Administration_may
to the
type
as records
of be
required
the
verifying by
State
that
mileage
the thewould
time
ataid'in
ownerships
the vehicle
was tracing
sold
and
at and
thetime
it was subsequently resold.
_b! Considerationalso
subpoenaing
sales
records theshould
maintained be
given
to
target
by
used dealer
car s!.
Q; ! Interviews
of previous
and present
ownersaid
will
in
verifying
the
documented
mileage regarding
aparticular
vehicle.
EFFECTIVE: 07/23/90
874.2.B
-Title 15,USC,
Section 1990 c!
Title 15,
USC,
Section 1990 c! sets
forth the
criminal
penalties misdemeanors!
for violations
of Title
l5,USC,
Sections
l98l199l and reads asfollows:
! Anyperson who
knowinglywillfully
and commits
any
act or
causes
subchapterbeand
to
done
anyact
thatomits
knowingly violates
willfully anyprovision
todo anyor
act this
causes of to
be
omittedact
not more
any
that
is orrequired
than $50,000
any
imprisoned
bysuch
provision
not more
shall
be fined
than three
years, or
both.
! Anyindividual director,
officer,oragent
of a
corporation
performsofknowingly
who
the
any willfully
and authorizes,
actspractices
or orders,
constituting
inwhole or
orin
part
aviolation
of any
section
this
oftitle
shall be subject
to
penalties
Sensitive
PRINTED: 02/18/98
_
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<wM-J
Sensitive
Manual
PartofInvestigative
I Operations
_PAGE Guidelines
and 37 -23
under this
section without
regardany
to penalties
to which
that
corporationbe
may
subject
under subsection
a!.
EFFECTIVE: 07/23/90
874.2.9 Investigative Classification

The investigative
classification
is
87 and the
alpha
92
subdivision
will
be either92"B"
"C,"|depending
or thetotal
amount
upon
of money involved.
EFFECTIVE: 07/23/90
87'.3 Implements
Used
in
the Manufacture
of
Falsely
Made, etc.,
Securities or
Tax Stamps
The Agent
in
this violation must
bealert
to establishing
o that
the transporterthat
knewthe
implementsbeen
hadused
or were
fitted to
be
usedfor this
purpose
theand
transportation
was coupled
with afraudulent intent.
EFFECTIVE: 07/28/87
87-4. Receiving Violations

! Under
Section 2314 part
and
of Section dealing
2315
with tools,
etc.,
first establish
used
that
in counterfeiting
securities
the items covered
have
tax
or stamps,
actually moved one
from
state or
the District
of Columbia
to another
state
or foreign
jurisdiction or vice versa.
Under Section
2315 with
the exception
ofthat
portion relating to
tools, etc.,
usedincounterfeiting
stolen fraudulently
or securities
obtained atax
property crosses orstamps!,
state
line once
or
United States
boundary, jurisdiction
federal attaches
to such
property
and remains
until
such property loses
its stolen
or fraudulently
obtained character.
! The receiver must
be shown
to have
knowledge
that
such property
has been
stolen, unlawfully
converted,
taken.-
or isIt
Sensitive
' PRINTED: OZ/13/93
5A92!924 |;_=1-.nJ>|'~{-I3;-.1.-'1:-Ai.92i.92--nL£K.-92'::JLsIl4--|,-144-1:1.-h~;;¢_.-;'Q;§a-1-:1-d¢.4|~§¢-|;g~lb--A_.-92~t;h-A-J-92;}L.&#39
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Part 1 PAGE 67
not necessary
to show
that thereceiver had
knowledgethe
of previous
interstate or
foreign transportation. Also it isnecessary to prove
that thereceiver obtained
at least $5,000 worth
of the stolen, etc.,
property.
! With regard toestablishing guiltyknowledge
on
the
part ofthe receiver,
etc., attention
is directed
to theTheft From
Interstate Shipment
section of this manualwhich discusses
the
circumstantial evidence
to besought Part I, Section15-3.2!. To
violate the receiving section relating to falsely made,
etc.,
securitiesor
tax stamps, the knowledgebe to shownisthat the items
were falselymade,
etc., or that the tools, etc., hadbeen usedor
were tobe used in
makingfalselymade,
etc., items. ]Pursuant
to
Title
18, USC, Section
21, theelement of guilty knowledge may also
be
established by
proof thatthe defendant believed thatsuch itemswere
stolen, falselymade, etc.,
after or
asa result ofan official
represenpation
to the
nature
as
theofproperty
see Part
MIOG,II,
ll.l2!.
EFFECTIVE: 10/23/95
87-4.5 Pledging Violations

The Agent
must provethat the property pledged
hasan
actual valueof at least $500 and the
amount isit pledged
for is not
the basisof jurisdiction.The pledgor and pledgeeare both
guilty of
aviolation if the propertyisvalued at $500or more
and has actually
moved interstate
if they had knowledge
that it had been
stolen or
embezzled.
EFFECTIVE: 07/28/37
874.6 Check Cases

Checkcases
should be scrutinized with particular care at
inception to
implement the
qualitycase
concept andto reduce the
volume ofsubmissions Laboratory;
to submissions
should be
limited to
only relevant
itemsin
matters withapotential for Federal
prosecution. '
Sensitive
PRINTED: 02/18/93
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--,. - _. _
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~Manual Part Iof Investigative Operations andGuidelines PAGE -87
Z5
EFFECTIVE: O7/23/37
87-4.6.1 Ascertainthe Facts

Surrounding Passing
the of
the Check
I Ordinarily, thefollowing factorsshould be
considered in
this regard:
I ] l!| Specifically determine
whether check
the was
written
or
endorsedin thepresence the
of person
cashing it. Ifthis is not
determined,subsequent
a conclusion
by theFBI Laboratory that the
check was
written by
a known
individual does
not prove that
the writer
negotiated it.
In
manyinstances, persons
other than
the writers
of
fraudulent checks
negotiate them.
This isparticularly truein ring
cases.
I l!| Determinedate
the and
hour the
check was
negotiated.
'Reliance'should
_ be placed
not
upon the
date ofthe check
because many
Q'"
i checks are
itmay be
negotiated
onother
dates.
essential toknow the
Inthe
exact time
elimination suspects,
that thecheck was
of
negotiated.
|!] Any credentials used
by thepasser purportedly
establishinglhis/her]identity should
be accuratelydescribed.
|!| Ascertainthe names of all witnesses who
sawor
talked to the individual passing thefraudulent check.
]!| Securethe modus
operandi used
by the
check passer,
along with
the subject
oflhis/her|conversation.method
The of
transportation being
used by
the passer
may prove
of valuein
locatinglhim/her.]
EFFECTIVE: 07/28/37
~v:=-.
- Q/1
._-.
.,..-
Sensitive
PRINTED: 02/18/98
.- .-._ .-_t-_-
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»_.. - sI .. _.
:lg§' Sensitive
Part I PAGE 87
- 26
874.6.2 Contact Local Police
After complete information hasbeen obtainedfrom the
individual reportingabad check tothe field office, areasonable
inquiry should
be made
with thecheck
squad of thelocal police
departmentsome
or other
agency cognizant
with bad
checks passed
in
the community
to determineif the passer ofthe check
involved may be
readily known locally.
EFFECTIVE: 07/28/37
87-4.6.3 Determine If FBI Investigation warranted

If itis determined that FBI investigation should be
undertaken, the
original badcheck passed
should betactfully
obtained. Itsreturn may
be promised.If time is of the essence,
the
FBI Laboratoryshould be
so informed
and thereturn ofthe checkwill
" s_ be expedited.
If itis not
possible to secure
the original
check, it
L will materially assist
the FBI
Laboratory
itsin
examination
if a
photographiccopy ratherthan
a photostat the
of check
is forwarded.
In photographing
the check,
aruler or othermeasurementisto be
included inthe photograph
so thatthe exactsize of the original
document be canascertained.
Both thenegative and
a positiveprint
of the photograph shouldbe forwarded.
-EFFECTIVE: 07/28/81
874.6.4 Handling of Check Evidence

The originalcheck
or acopy should beforwarded tothe
FBI Laboratory
using FormFDl96 incorporating
the following
information:
! Complete and accuratedescriptions of checks

! The circumstances surrounding
the passing
of the
check, i.e.,the modus
operandi used,
should be
set forthbriefly.
! As completeadescription as possibleof the check
_' passer
should included.
be This
is particularly
important in
fiié
-¢~£|assisting
theICriminal
eliminating ofInformation
fingerprint cards Justice
persons same Services|Divi
having the in
name
as that
Sensitive
- PRINTED: 02/18/98
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.~92-'*
,'SeI1SitiV¬

Part I - PAGE 87 - 27
used
by the check
passer. In all unknown subjectmultiplecheck"
cases, theFBI Laboratory
examines the handwriting on
fingerprint
cards containing
names identical
with that on thecheck. This
comparisonan
is automatic
procedure which
is followedat FBIHQ
without aspecific request being
madeby
the field office.
! Any miscellaneous informationwhich is available
should beincluded onthe FD-196.For example,
if the signatureon
the checkbeing
transmitted isknown to be asimulated forgery,
genuine signatures
of theindividual whose
name was
forged should
be
.submitted.
! Aspecific request should

be made
if any examination
is desiredin additionto search
in theNational Fraudulent
Check File
and comparison
with signatureson fingerprint cards.
'
_! The check
itself shouldbe enclosed
in acellophane
envelope ifa latent
fingerprint examination requested.
is
/ 1! Normally theoffice"submittingfirst'cHeck
the the to
_ '3
FBI Laboratory
is theoffice oforigin. Lacking
informationthe
to
92'
contrary, the officetransmitting the
check should
consider itself
office of origin until advice is received thatother checks
have
preceded its submission tothe FBI Laboratory.
_8! The date
and citywhere the
check is
cashed
are
to be
set forth.
9! Disposition of specimensis to be
set out.
' 0! A copyof the FDl96 transmittingthe fraudulent.
check
to the FBILaboratory should
be
designatedfor thefield
office
in whose
territory the bank
upon which
the checkis drawnis located.
That field office shouldbe requested-to
contact thedrawee bank
to
determine similar
if checks
have been
passed upon
that bank.This is
done sinceexperience has
shown that
a check
passer will issue a
series ofchecks upon
onebank
and information concerningthose checks
can be
received more
expeditiously from
thebank.
It follows that
the
detailed information
which isdesiredon
the FD196 transmitting
fraudulent checks
to
the FBI Laboratory is unnecessary
in cases
in
which theidentity of the checkpasser isknown
and the check
is
submitted onlyfor comparisonwith other checks
in the samecase.
5
9292,s
._._,-.
Sensitive
PRINTED: 02/18/98
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_
Cf-T Sensitive
Manual
Part I ofInvestigative Operationsand Guidelines PAGE -87
23
EFFECTIVE: 04/oa/96
87~4.6.5 Discontinuing Investigation In Check Cases

Assuming that
areport is
received from theFBI Laboratory
which indicates
that
the check submitted
was notthe workof aknown
check passer
and the
drawee bank
advises
that
no similar checks
have
been passed
on that
bank, andin theabsenceany
of other
information
indicating the
contrary, itmay
be concluded that
an isolated
bad
check isinvolved and
that
the case isnot onewhich should
be
exhaustively investigated
under theBureau's
aspolicy
setout above.
Should information
be received
at a later
date indicating that
the
passer this
of check
is
againactive
in passing additional
checks, the
case may be reopened. - '
EFFECTIVE: O1/31/73
92~~.' 374.6.6
Action Taken
When Forgery
or Counterfeit
Determined
When FBI
Laboratory reportindicates
check is forged or
counterfeit, and/or
facts indicate
subjectis
an active violator,
the
following proceduremust befollowed:
! If the field office covering
the drawee
bank advises
that thecheck submitted
is forged
or counterfeited
or one
of aseries
of badchecks, astop should be
placed immediately
withthat
bank.
The originalvictims ofother
checks passed should be
ascertained.
The officeof originshould adviseFBIHQ to_expedite
the Laboratory
report inasmuch
as
this isan indication subject
the an
is aggravated
check passer
and the
FBI Laboratory
may tie
his checks
intoamajor
case. The
facts
may or may
not bepresentedthe
to USA
at
this time
dependingthe
upon
urgency
of thecase.
Presentment,generally,
is
more desirable
after the receipt of the Laboratoryreport.
! If the Laboratoryreport identifiesthe passer
of the
check submittedwith thesubject ofanother case, pertinent
information concerningthe previous
activities of the check
passer
will
be furnished. The field officesubmitting the check onthe basis
of the Laboratory report
will be in aposition to conduct
an
intelligent investigation
concerning activities
the ofthe check
iT3 passer
-.&
inthat
fieldoffice territory
communication
92'--
and submit
the appropriate
to theoffice oforigin which has correlated
the
V -1
_h.l_,'."
Sensitive
PRINTED: 02/13/93
i
:.l_'»--
. . J.._. .-..-_
1 .,...._..:.'.:;-:.-._.-J...-...'...92-2......;_..-/;.;4.1;..._.2;_.2.s..._.'
.........,..i.:.-.'_-,./2-:4.-_..'...e-_;.
'
c ,_ _ __.__,
__,
~7m
cjggf Sensitive
i Manual of InvestigativeOperations
andGuidelines
PartI PAGE
87 - 29
'
investigation
of
the activities ofthis check
passer priorto that
time.
EFFECTIVE:
01/31/73
87*4.6.7 Officeof Origin

In Check
Cases * Designation
and
Responsibilities
! FBIHQ desires
that therebe
only oneofficeof origin
in
a case
involving thepassing of badchecks. Ordinarily,
the first
officesubmitting
a check will remain officeof originandfield
officessubsequently
submitting checks
passed by the same subject will
be advised
in
the Laboratory reports asto theoriginalofficeof
originin
an efforttoavoid confusion in thisregard.Despite
the
exerciseof precaution
inthis matter,it is apparent whena check
passer
moves
rapidly
from
onefieldofficeterritory
to another that
ichecks
fromseverallocalitiesmay
be received
by
the FBILaboratory
I ,_ at approximately
thesame
time.Onmany occasions,
a case
cannot
be
'
identified
withanother
pending
case
until afterseveral
92~- communications
havebeenwrittenin various
offices. Onthese
occasions,
FBIHQ will designate
theproperofficeof origin
either on
its own
volitionor
upon thereceiptof a letterfrom a field office.
!It is necessary
for the office of originto assume
responsibility
for closesupervision
of fraudulent
check
cases.
Investigative
leads setoutforauxiliaryoffices
should
becarefully
monitored
in orderthat unnecessary
investigation
maybeavoided
and
valuable
investigative
leadsgivenimmediate
attention.
It should be
borne
in mind
that if therearetwo
or threeprocesses
outstanding for
a check
passer,thepurpose
of theremaining
investigation
is to
I apprehend|him/herlrather
thancollect
evidence
foradditional
prosecutions.
When
a major check
passer is apprehended
andmakes a
confession
admitting
numerous
additional
violations
previously
unknown,
theundeveloped
leadsshouldbeset out
to fill anynecessary
gapsin thepending
circumstances
prosecution
surrounding
only.Investigation
thepassing
of newchecks
intothe
shouldnotbemade
unlessprosecution
is authorized
in theterritory
where thechecks
were-passed.
Afterapprehension,
theofficeof originshould
make
certainit setsoutundeveloped
leadsfor all officeswhere checks
havebeen passed
to inform
thelocalpolicedepartments
of the
identity
of thecheckpasser
in orderthat
the recordsof such
departments
may
becleared.
Thisis to bedone
since
these
police
.a departments
,..., _
e? shown
.that
a
may
desire
check
toinstitute
passer
prosecution,
is seldom
prosecuted
asexperience
in more
has
thantwoor
Sensitive
PRINTED: 02/18/93
..A _.. __'.-,.
.- -'..__'..._-1..._}-.7...'.a.i.a..2_...92.;;
2.-1...-..L.
_.. _..
'_...._.._..._.....~...........-...._i
....._.____
____ .-
-H»
Law Sensitive
Manualof
_PAGE 87
Part I
three Federaldistricts regardless of the number

of
violations
involved. Thefull background
of
a major checkpasser should
be
I ascertained
when|he/shelis apprehended.
Current photographs
and
numerous known
handwriting specimens
should be
secured. Thisaction
should be
taken because experience has
revealed
a major
check passer
I probably
is aprofessional
and upon|his/herlrelease
reenter
the fieldof
from the
check passing and
penitentiary will
be thesubjectof _
another investigation.
EFFECTIVE: U4/22/83
87-4.6.8 Presentation to
U.S. Attorney's Office
! The office of
origin should pay
particular attention
to
setting out undeveloped
leads forpresenting facts
to USAs
at
appropriate times.
In this regard, whenthe sole purpose is to clear
the recordand additional
prosecution is
not expected,
the facts
may
be presented
in
the territory covering
the bank
on
which the checks
A are drawn rather thanin theterritory where
they werenegotiated.
~"' This will, in many
instances, clear
anumber
of
violations with one
presentment to the USA. This method hasthe additional advantageof
numberof
individual violations to one USA with
presenting alarge
more likelihood of prosecution.
! It is alsopointed outthat in addition tocausinga
check to be
transported in
interstate commerce
by negotiatingit the
I subject
may prosecuted
be iflhe/shejphysically
transports
acheck
meeting the requirements of
the statute.
! It should notbe
overlooked that Title 18, USC,
Section 2314,
also
prohibits the interstate transportationof
paraphernalia or
used
fittedto
be used
in
falsely making, forging,
altering, or
counterfeitingsecurity
any or
tax stamp
or partthereof.
Agents should
be alertto locate
any such paraphernalia
in check
cases. The
USA may
desire tomake the
transportation
of
such
paraphernalia
aseparatecount inthe indictment. l
EFFECTIVE: 04/22/83
Sensitive
PRINTED: 02/18/98
. Aj
'---"-IIIIIIIIIIIIIIIIII1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIllllllllllll
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_ _ "
Sensitive

and Guidelines
Part I PAGE 87
87-4.6.9 Investigation
Concerning Printers
of Counterfeit
Checks
and Securities
Too little effort hasbeen directed

toward ascertaining
the identities
of theprinters ofcounterfeited checks.
If it can be
proved that
a.printer knew
the checks|he/she|prepared
were counterfeit
and would
be negotiated
by thesubject,itis possible to
prosecute
him/herlasaider
an and abettor the
in territoryin which the subject
is prosecuted
as aprincipal. The
successthe of investigation
will
depend upon
the acceptance
of theoffice oforigin ofits
responsibilitysupervise
to widespread
the activities
of auxiliary
offices and
render frequent
advice
to
them because auxiliary
the
offices are
generally unaware
of thecomplete picture
of a check
case.
From apracticalstandpoint, detailed
investigationthe
innature
of a
collection of
evidence should
be minimized
in
the later stages of a
check case
unless prosecution
is expected
in theterritory where
the
checks
are passed.
EFFECTIVE} O4/22/83
87-4.6.10 [Deleted]
EFFECTIVE: 04/22/83
87rh.6.ll Traveler's Check Cases

! Section 2314 specifically
provides
that
the
transportation
in
interstatecommerce
atraveler's
of check, validly
issued for
value, and
upon which
the purchaser's
countersignature has
been forged,is aviolation of that statute.
! The Department
has
held that aprosecutable
offense
under Title
18, USC,
Section 2314,
does exist
when blank
stolen
traveler's arechecks
transported
interstate and
the "purchaser's
signature" blank
is filledinwithoutauthority and
with requisite
intent by
the thiefor byone chargeable
with knowledge
that thecheck
is stolenor
is not bona
fide. Thetraveler's
would
be
check
considered
falsely
as made
StinsonU.S.,
v. C.A.
5, 1963,
316 F.
d!
554! within
the meaning
of thestatute inthe same
sense that
one
falsely makes
and forges
when one
alters orfills in
blanksof a
genuine instrument
without authority
or contrary
to authority
given.
Sensitive
PRINTED: U2/18/98
i
. _, _.-_....-.
.- ...a..
.._ ~.r_._.
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Sensitive J
Manual
Part I ofInvestigative Operationsand Guidelines PAGE "87
32
EFFECTIVE: 03/23/92
87.7 Deleted
EFFECTIVE: 03/23/92
874.7.1 Food Stamp ProgramCases

The Department,
in
Memorandum
#656 dated12/ll/69 toall
U.S. Attorneys
captioned "Food
Stamp Program,"
discusses theproblem
being faced
by the
Department Agriculture
of the
in increasingthefts
of foodstamps. The
Department recognizes
that TitleVII, USC, _
Section 2023,
establishes in
the Department
of Agriculturethe
investigative responsibility
for theillegal
possession of these
stamps requirement
no interstate
of transportation!.
The Department
" ;adds,"However,
$5,000or more theobtained
in stampsevent
interstate
intheft transportation
involving
by orfraud is
indicated, the
"i assistanceof theFBI can
be sought
under
Title l8, USC,
Section 2314
ITSP!." No investigation
isto be institutedinto theftsof these
stamps withoutprior
Bureau authority. Ifyou are requested to
institute investigation
of thetheft of food stamps,
you should
immediately advise
the Bureau, by appropriate
communication, all of
details. If the stampsareinthe possessionthe of U.S.
Government
at thetime of
theft, consider
asaTheftof Government
Property TGP!
violation.
EFFECTIVE: 03/23/92
I874.8 |Deleted|
EFFECTIVE: 03/23/92
Sensitive
PRINTED: 02/18/98
_ T
-_,.;..;'..-,..=_:..
;'J-92-bl-J!-92'>*92-92aI'-;-hi.»-i-41'1I¢'ph;;;:<92h;i"£»klJlq921l492-I
.-.. ._.:_.:__.;.;'-__~'_;;...._-ea-.;...u.-.a-._e...-e.e~...-..s.
._...__.. -..-. _.'
Sensitive
Manual
Part I" of
'
-PAGEand Guidelines 37
874.8.l Fraud Investigations Under
the ITSP
Statute
! Used where loss
exceeds $5,000
inany one incident
andno
interstate wire communication
telephone call,
telex message,
or
telegram! is usedin perpetrationof the fraud.
! Facts concerning
cases
involving losses ofless than
$5,000, no
and
use of interstate
wire communications
may furnished
be
to FBIHQ
to increase
the data
base maintained
in
Bureaufiles
concerningthese
criminals and their schemes.
[![ To establish violation
a of
Section 23l&
involving
the transportation
of $5,000
or more
of the]loss,|it
is necessary
to
prove that
oneor
moreof thesubjects actually
transported $5,000
or
more
ininterstate commerce. Efforts
should be
made
to
identify
thelcon artists,|ascertain
their itinerary
after the
swindle, and
conduct whatever
investigation possible
to
locate the money
in
another
state or
evidence that it was transported.
l!| A violation may
beestablished'o£
2314Section
even
though
no actual lossoccurred,the
if projected
swindle
was to amount
to $5,000
ormore
and the proposed
interstate either tovictim
in abuild-up was
causedtravel
theswindle or to funds. If
to
obtain
the swindle
amounting $5,000
to or
moreactually takesplace, and
the
victim is
causedtravel
to interstateas
part of theprocess, a
violation has
occurred even
though
theifunds are|never carried
out of
state.
. l!l For definitive

Fraud Wire
By
violations FEW!,
see|Part I,92Section
196 ofthis manual.
EFFECTIVE: 07/18/86i
87-4.8.2 Other Avenues Fraud

In Investigations
! Particular circumstances ain
case may make
prosecutions
under theRICO!
Conspiracy
Corrupt Organization
and/or
Statutes
Racketeer
Influenced
feasible, and
should
not
be
and
overlooked. '
! The Mail FraudMP! Statute Title 18,usc, Section
1341!,
under
the jurisdiction ofthe U.S.
Postal Service,
is
an
excellent tool with
which to
attack trauds.
Sensitive
PRINTED: 02/18/98
i
;;' Sensitive
PartofInvestigative
Manual I _PAGEGuidelines
Operations and 87-34
FBI a! Afraud
comin to your
any jurisdiction,
beshould attention,lacking
immediately
reported and
aU.S.to
Postal
Inspector,
must
andbe
notcontinued
under
investigation.
b! The
character
of
Mail Fraud HF!-may
be added
to
the prosecuted
may title
where
be itbecomes
anotherunder
conjunctionwhich
statute
in other
withthethat
chargessubject s!
brought
fall
within FBI jurisdiction. .
! Sourcesof
information
in these
type investigations
include offices
ofstate
attorneysgeneral, or
state
localconsumer
protection U.S.
offices,
Exchange Commission,Postal
Inspection
Bureau, Securities
Better Business Service, and
chambers
of
commerce,
local district
attorneys offices,
among others.
EFFECTIVE: 0?/18/as
k"_a1a.a.3
E
L9292k1e _ _ A
! FBIHQ
will search
for identification
in this
file
any
handwritten, typewritten,
or printed
active confidence
scheme specimens
toduring
investigation obtained
and submitted
FBIHQ,an
Attention:-Laboratory,
FBI appropriate
with request.
EFFECTIVE: 07/23/90
87-4;B.4 Deleted
EFFECTIVE: 07/23/90
,_ 37-4.9 Top Thief

Target TIT!
Sensitive
PRINTED: 02/18/98 ,
QSensitive
ManualInvestigative
of Operations
and Guidelines PAGE 87 '
35
'Part I _
EFFECTIVE: 01/23/90 La L1E

87-4.9.1 Purpose of the TTT
The goal
of TTT
is totarget top
thievesfrfenges, and
organized criminal
gangs
'reEistributingare
who
valued involved
at in
property
tens 5te§T1ng
and=.
of-millions-of
dollars. The
objective
TIT
ofactivity
1t evidence is
their to
identify
violations
of thieves,
top
of Federal aggressively
statuteatop
and ~
their
cglhec
activitythrough prompt
arrest and
prosecution.
EFFECTIVE: 07/23/90
W-9-= i
_Sensitive PRINTED: OZ/18/98 _

..'
92.. . ._.
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._- -3 ..-,-..*
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-.a¢,92._...-.~.-._
, _.__,.____
__
_ , _
Sensitive '
AI itIManual pI
Part Investigative
I of
Lad
and Guidelines PAGE
Operations B7
lat
r36
EFFECTIVE: OT/Z3/90
8T4.9,3 InvestigativeProcedure
! Based
on facts
or circumstances
which indicate
that
1the target
may
activity
or
the engaged
be in
or
violation
a isFederal
about
of to new9287G|case
law,
a be
engaged
criminal
in
be sh
openedand assigned
toaSpecial
Agent
workinginvestigations wit
1 the[ITS.92 _'
these !targets
Identify
such and obtain
background
photographs,
as concerning
information
criminal
description,
modus
record,
operandi,
robbers, associates,'and
fences,
and hangouts,
engage
who
in patterns
activities
of burglars,
of
magnitude,
a travel
armed
that
indicatesarethey
major
violators
or
potential
violators
Federal
of
law such
asthe
ITSHV,ITSP,
or TFIS statutes.
! Assign
to-investigative activity
Agent
s! whose
experience
him/her
psychology gives
athorough
burglars, working
ofrobbers,
armed knowledge
ofthe
fences
and
whois
and
capable
of applying
unusual
orcreative
investigative techniques.
- ! All personnel
involved be
should
fully
awareof the
provisions
the
Influenced ITS?
ofConspiracy,
Corrupt
and Hobbs and
Organizations
RICO! ActRacketeer
statutes
which are
potentially applicable
Considerationtobe
alsothe
objectives
given
should
to thisTitle
the
use of
program;
of
withinprovisions
the the Omnibus andIII
of Crime Controlcoverage
Safe
Streets
Act of 1963-
Sensitive
PRINTED:_UZ/13/98
nNNUNIIIIIIIIIIII__--___________
gt v Sensitive
HanualInvestigative
of Operations
Part I
EFFECTIVE: 07/23/90
a1-5 nxscsnnnnsous
EFFECTIVE: 07/23/90
87-5.1 i
EFFEiZTIVE: 07/23/90 ¥a92E£1

87-5.2 Obtaining
Known Handwriting
Samples . . . d
" ~~~~
-- AFrhg FBI Laboratory
identifying
"* aquestione
-*- Fho known
Sensitive
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, _._....____
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=2 Sensitive
Part I PAGE 87
- 33
' EFFECTIVE:
07/23/90
'87-5.2.1 Legal Requirements

! Each page ofsamples taken
fromasubject should bear
subject's
date.
name own
initials,
or writtenby thesubject,as
well as'
the
! At the conclusion
of the sample taking,
a statement
that thesamples were
provided voluntarily
should be
written,in
the
subject's handwriting,
even though
dictated by
the Agent.
It should
be dated, and witnessedby the Agent, '
! If obtained pursuant
to acourt order, nosuch
statement
is
necessary. The samples
still must be signed
by the
subject, dated, and witnessedby the Agent.
ii"3 EFFECTIVE: 07/23/90

87-5.3 Report Writing Rules
EFFECTIVE: DZ/16/39
37-5.3.1 Unknown Subject Cases

You should
be guided
by current
Bureau rules concerning
preparation of prosecutive reports.
EFFECTIVE: 02/16/89
,_-,._92
-- -7' 1.
1;-
Sensitive
PRINTED: 02/18/98
,a.'.=:>_s .-Z.i¢uI.._'_;92~n:-..Qv:92;n.3vu92;--1_i.;.92
@124-lsailnld-<}2AJ_"}.¢L»J-*-_,._-4....=,
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,1. _-_..
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__
92;jy
. -3
Sensitive ..
Manual
Part I of
Investigative'
Operations
and Guidelines
PAGE 87 -39
875.3.2 Other Reporting Requirements
! Only one copy
of ITSP
prosecutive report
need be
submitted unless
dissemination
at
FBIHQis desired.If so,that
disseminationbe should
set
out inthe copy
count the
of report,
with
the reason
justifying the
dissemination stated
on
the FDr272.
! Reportsmust
be prepared whenrequestedthe byUSA's
Office.
! Asummary
airtel should
be prepared
in anycase
that
generates great
public interest
or toadvise significant
of
developments in such acase. I
! In major cases
the office
of originshould advise
logical field
offices
descriptionthe
details
of
of stolen
theitheft,
ofand
property, request
suspects
that
descriptions,
local
law
and informants
be contacted.
This dissemination
shouldmade
in
be LHM under
suitable cover
communication,
the LHM
and
"] mustbe92written
as
to so
allow receiving
offices reproduce
to andit
_§ provide
it tosuch
local
law enforcementasagencies
they
determine
- are appropriate..
! In all ITSPcases
involving armored carrier/courier
losses, FD43O
an must
be submitted
to FBIHQ,
Attention: Violent
Crimes Unit,
Criminal|The
within|30[working Investigative
Divisionduplicate,
days.
shall
00
determine ifin
regional
or
other
field office
notificationnecessary.
is HIOG,
See I,Part
154 9!,
91-12.1,
192-11.1,
s 192-11.2;
nsor, Part 11,
9-6.!]p '
_
EFFECTIVE: 11/30/93
87-6 VENUE
Any district
in which
the_offensebegun,
was continued,
or
completed Title
18, USC,
Section 3237!.
EFFECTIVE: 02/16/89 ,
¬Z}h 87-7PENALTIES
1...
.4..-A
Sensitive
PRINTED: 02/18/98
.-'
at .,'
. I.. 1.:
- -.'
E >_l,...~;
1- .2-...;.,|-_92..4'~
:.49292,_4u,..1.-uh;-'.
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;.:_
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J1 __._
;_.§ Sensitive
J
" Manual of Investigative

Part I .PAGE
Operations
Guidelines
and l 37 - 40
EFFECTIVE: 02/16/89
37-7.1 InterstateTransportation
Stolen
of Property
ITSP!,
Title 13, u.s. Code,Section 2314!
A$10,000fine, or
ten years imprisonment,
or
both.
EFFECTIVE: 02/16/89
92
87-7.2
Receiving
Property,
Stolen
18,92U.S.
Title
Section
2315!]
Code,
A$10,000fine, or
ten years imprisonment,
or
both.
/""= EFFECTIVE: 11/18/83

Q 37-3 CHARACTER
INTERSTATE
TRANSPORTATION
STOLENorPROPERTY
ITSP!
EFFECTIVE: 11/18/83
Sensitive
PRINTED: 02/18/98
1
.; -....._92.-__..,..;.-
...92...,-A-1-..-._=_
I;-~ .-.-;..:.-.i.'..92.|..*1.¢-'.Le.a.;;_92~._
...- .11, :.._.1._._'.;._.r-....__.__
._-.._.~__ -.-.
_..__..;..=
_.-.;
§;;§ Sensitive
Manual
and Guidelines PAGE
88 1
SECTION 88.
UNLAWFUL FLIGHT
TO AVOID
PROSECUTION,
CUSTODY, CONFINEMENT,
AND GIVING
TESTIMONY
88-1 BACKGROUND
EFFECTIVE: 07/28/87
881.l Section 1073 »

The original
Unlawful Flight
Statute, Title
18,USC,
Section
403e, was
enacted5-183,
on and
covered
only flights toavoid
prosecution
giving
and testimony
in
the eight specific
crimesmurder,
of
kidnaping, burglary,
robbery, mayhem,
rape, assault
withadangerous
fw weapon,
Z anyofthe accompanied
-=- commit
extortion
threats
above.8246,
of
violence,
and
On itwas amended
byflights
to include
attempts
toto
avoid custody
and confinement
after conviction
for
the above offenses.On
9-l-48,
thecurrent
Unlawful
was enacted. Flight
This section
was amendedStatute,
Title 18,
USC,
periodicallyinclude Section
1073,
to atotal of
11
specificfelonies.lO*461,
On the
Organized
Crime
Bill was enacted
which
amendedTitle 18, USC, Section
lO73, to
include allstate felonies
and in
thecase of
NewJersey,
high misdemeanors.
On
12-28-80,Congress
enacted Public
Law 96-611,
Section 1O ofwhich
a!
states in part,"the
Congress expressly
hereby declares
its intent
that
Section1073 of
Title
18, United
States Code,
apply cases
to involving
parental kidnaping and
interstate international
or flight
to avoidprosecution applicable
under
state
felony statutes." .
EFFECTIVE: O7/28/87
88"1.2 Section
1074
Title
18, USC, Section
1074, was
enacted 5-6-6O,
on part
as of
theCivil
Rights Act of1960. This
section
added
the local offenses
of
damaging,attempting
or damage,
to fire by
or
explosive,
any building,
structure, facility,
vehicle, dwelling
house, synagogue,
church, religious
Rcenter,or educational
institution, public
or
private,
which not
were
iii. H:covered
under
Section
1073
at
that
" time.
.".'_--
Sensitive
PRINTED: 02/18/98
,_'...__
..-.;-_-.. i-in....._-;..>..;.'.a2...!-'<_¢-:.i.;..i.;-r_
.u..._-
.,....'.i.;.-.92:_.....;...-1
._.;<.i~_.
... . <...-.-
, A
Sensitive
Manual
andGuidelines
Part
I PAGE
88
EFFECTIVE:
07/28/87
88-2 STATUTES,
PENALTIES,
AND PROSECUTION
EFFECTIVE:
07/28/87
88"2.1 Section 1073

|"Whoever
movesortravelsin interstate
orforeign
commerce
withintenteither! to avoidprosecution,
orcustody
or
confinement
afterconviction,under
thelawsoftheplace from
which
heflees,for
a crime, or
an attemptto
commit a crime,
punishable
by
death
or whichis a felony
underthelawsofthe
place from which
the
fugitive
flees,or
which, in thecaseofNewJersey,is a high
misdemeanor
under
thelaws
of saidstate,or ! to avoid
giving
testimony
inany
criminal
proceedings
insuch
place
in
whichthe.
commission
ofanoffense
punishable
by deathor
whichis afelony
under
thelawsofsuch
place,
or
whichin thecaseofNewJersey,
is a
high
misdemeanor
under
the
laws ofsaid
state,is charged,
or! to
avoid
service
of,
or contempt
proceedingsifor
alleged
disobedience
of,
lawful
process
requiring
attendance
and thegiving
oftestimony
orthe
production
ofdocumentary
evidence
beforeanagency
ofa state
empowered
bythelawofsuchstate
toconductinvestigations
of
alleged
criminal
activities,
shallbefinednotmore
than$5,000
or
imprisoned
notmorethanfiveyears,orboth.
"Violations
of thissection
maybeprosecuted
onlyin the
Federal
judicial
districtinwhich theoriginal
crimewasalleged
to
have
been committed,
orin which theperson
washeldin custody
or
confinement,
orinwhich anavoidanceofservice
ofprocess
ora '
contempt
referred
toin clause ! ofthefirstparagraph
ofthis
section
alleged
tohave been committed,
andonly
uponformalapproval
inwriting
by theAttorneyGeneral
or anAssistant
Attorney
General
of
theUnitedStates,
whichfunctionofapproving
prosecutions
maynotbe
de1egated."[
~
EFFECTIVE:
07/28/87
Te.
Sensitive
PRINTED:
02/18/98
''
'i..,_'._.,,i_L.;.:2-;:;.92.;:..L:_..-..,;......-
r.i_....s_..;._-..._c.-..-..1.,..,=i.=.,..,_,.-..
_. -.
igyf Sensitive
Manual
Part of
IInvestigative Operations and
Guidelines PAGE- 38
3
882.2 Section 1074
_" a! Whoever moves
or travels
in interstate
or foreign
commerce
with intent
either ! toavoid
prosecution, or custody,
or confinement
after conviction,
under the
laws of
the place
from which
he
flees, for
willfully attempting
to ordamaging
destroying
or fire
byorexplosive any
building,
religious structure,
or facility,
center
educationalvehicle,
dwelling
or house,
institution,
public synagogue,
private, !orto church,
avoid giving
testimonyanyin criminal
proceeding relating
to any
such
offense
shall
be fined not
more than
$5,000 imprisoned
or more
not than
five
years, or both.
." b! Violations of
this section
may be
prosecutedthe
in
Federal judicial
district inwhich
the original crimewas alleged
to have
been committed
or inwhich theperson was
heldin
custodyor confinement:
Provided, however,
That this section shall
not beconstrued
as
indicating
an
intent on
the part
Commonwealth, of
Congress
possession
or thetoUnited
of prevent
anyof
StatesState,
any Territory,
jurisdiction over
any offense
over which
they would
have jurisdiction
in the
absence
of
such
. section."
x
EFFECTIVE: O7/28/87
88"2.3 FBIHQApproval
is
Necessary
for Investigation
Under
Section 1074
Upon
receipt
a requestfor Bureau
of
assistance in locatinga
fugitive subject or witness under
the full
Section
details
1074 damaging property!,
and do not conduct any
immediately advise
FBIHQ of
investigation without prior FBIHQ approval.
EFFECTIVE: 07/28/87
88-3 REQUIREMENTSFOR INVESTIGATION
EFFECTIVE: 07/28/87
,
,=
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PRINTED: 02/18/98
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I of Investigative
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andGuidelines PAGE
88r4
88-3.1 Unlawful
Flightto
Avoid Prosecution
! Local authorities
must
have
a warrant
outstanding forthe
subject's
arrest
charging
him/her
with anoffense
covered
inthe
statute
and
agreetoextradite
and
prosecute
upon thesubject's
apprehension.
!There must
besufficient
evidence
present
to
showwith
reasonable
certainty
that
thesubject
fled
interstate
forthe
purpose
of
avoiding prosecution.
! Prior
totheissuance
oftheFederal
process thelocal
prosecuting
attorney
orpolice
agency
should
request
assistance
in
writing
to the USA.
! The USA
must
authorize
thefilingofacomplaint
and
Federal
arrest
process
must beoutstanding
priortothetime
that
investigation is instituted.
EFFECTIVE:07/28/87-
M 88"3.2 Unlawful
Flight
to
AvoidCustody
orConfinement
l! Local
authorities
musthave
awarrant
outstanding
forthe
subject's
arrest
charging
him/her
with
anoffense
covered
inthe
statute
and
agreetoextradite
and
prosecute
orreconfine
upon
thesubject's
apprehension.
! There
must
be sufficient
evidence
present
to
showwith
reasonable
certainty
that
thesubject
fledinterstate
forthe
purpose
of
avoiding
custody
or confinement. '
! Since
time
isoftheessence,
upon issuance
ofa local
warrant
and
anoral
immediatelyrequest
present
the for
assistance
facts
totheUSAby
foracompetent
local
official,
authorization
of
warrant.
Local
authorities
should
beadvised
todirectto Federal
a
a letter the
USA
confirming
their
oral
request
forassistance}
however,
do notdelay
your
presentation
totheUSA
and
obtaining
Federal
process
awaiting
his/herreceiptof thewrittenrequest,
! The
USA
must
authorize
thefilingofa_complaint
and
Federal
arrest
process
must
beoutstanding
priortothetime
that
investigationis instituted.
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EFFECTIVE: 07/28/37
38-3.3 Unlawful Flight to AvoidGiving

Testimony "
! Acriminal proceeding must
have been
actually instituted
against
asubjectinthe state court
charging him/her
with an
offense
covered in the statute.
! There must be
sufficient evidence
present to
establish that
the fugitive
witness fled
interstate for
the purpose
of avoidinggiving
testimonythis
in criminalproceeding. fact
The thata fugitive
witness
has fledinterstate after
having
been served with asubpoenain thestate
criminal proceeding
wil1'assist
establishing
in that
the purposethe of
flight was
to avoidtestifying: However,
where
sufficient independent
evidence exists
to establish
that
the fugitive witnessfled withthe
purposeavoiding
of testifying,
it is not necessary
that he/she
have
previously beenserved with asubpoena.
l~--tfugitive witness
! Local authorities
and
be willing
haveawarrant
to extradite
mustoutstandingthe for
upon apprehension.
b! Prior to theissuancethe
of Federal
process, the
local
prosecuting attorney
or police
agency should
request assistance
in writing
to the USA. -
! The USA must

authorize the
filing of acomplaint
and
Federal arrest
process must
be outstanding
prior tothe time
that
investigation is instituted.
EFFECTIVE: 07/28/87
883.4 Unlawful Flight PreFederal

Warrant Investigation
_! Where
arequest
isreceivedfrom local
or state
authorities
under the
provisionsthe
of Unlawful
Flight Statute
for FBIfugitive
assistance such
and request
fails tocontain
sufficient evidencetoasthe
interstate character
of theviolation tojustify orsupport the
issuance
of theFederal complaint
and warrant,
these
authorities should first be
requested supply
to evidence
the requisite
of character.
In particularly
¬iC3¥ the
establish
ii? of the state jurisdictional
felony. If
an facts
SACof apparent
serious cases,
does
the FBI
not after
may be
commiss
flight
the
requestedconduct
concur athat
caseis serious
to an investigationto
Sensitive
PRINTED: 02/18/98
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Manual
Investigative
of Operations
and Guidelines 88 6-
enough
to
warrant
initiating
jurisdictional
of investigation
an to
apparent
facts establish
interstatethethe
flight,
if
USA,
USA
still
desires
the amatter
preliminary
at FBI
once
to
the inquiry,
as has
Criminal USA
beeninstructed,
General
Litigation
Division, report
and may
Legal
by Advice
Section,
tso thatcan itdiscussed
bewith
FBIHQ.
-! In
seriousness
thethose
case
and situations
does
of thewhere
concur
that
not a has
SACfully
preFederalconsidered
warrant the
UFAP
FBI investigation
isno
inquiry,
conduct warranted
andand
USA
theadvise
investigation insists
stillthat
the anone
USApreliminary
on be
will
conductedit isauthorized
until FBIHQ.
Itby
should
be suggested the to
IUSA USA
that
advise
the consult
with
the Department
these Criminal
[Fugitive/Government
Investigative
Division,
in
situations.
Reservation92Crimes
by telephone, byfollowed
teletype,
Thereafter,Un
of the
facts
together
with
thefield division:
recommendations. &#3
! Asa generalrule, the
in absence
of Federal
UFAP process
anythingthan
authorities
is
aphone
morecall
interpreted
inquiries
or
by instructed
FBIHQ
of made
local
asto"pre-Federal
or
warrant
state
investigation."are Offices decline,
in all
but
themost
K- iinvestigations
compelling
andaimedsituations,
serious
developing
at conduct tocause
probablewarrant
pre-Federa
sufficient
tosupport
the interstate
local flight
state
and the
oi subject,-as
authorities this
requesting the
is
fugitive
FBI responsibility
of a
assistance.
When
pre*Federal
without investigation
warrant
Departmental
specificor agreed
FBIHQ upon
by is
the
involvement, and
SAC
the
on USA
UACB
asubmit,
basis,
airtel
an setting
forth full
the
involvement.instances
Such
facts
demanding
should
rarely occur.
office's
the
EFFECTIVE: OZ/16/89
88~3.4.l Fugitive
Task FTF!
Force
Preliminary
Inquiry PI!
working ! Inrelationship
order
in anestablish
to environment,
FTF practical
amay
aPI effective
and
initiated
be
within
the Attorney General
Guidelines.
! Only those matters
referred
andbyoriginating
within
the investigative
jurisdiction
FIF ofnonfederal
member agencies
should
be
considered
for initiation
oEKa PI.
C.92! 1 !]Deleted|
Priorto
initiating
aPI,
it is
important
documen
to
Sensitive
PRINTED:_02/18/98
_____________-----nuIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIll||llllllllllllul
1 Sensitive
Manual
I of Investigative
Part Operations
andGuidelines PAGE
88
those
facts
which indicate
thePOSSIBILITY
that there
has
been
an
unlawful
flight to
avoid prosecution
orconfinement.
! |Deletedl
! [The
standard
for
initiating aPreliminary
Inquiry
PI!
is isless
than
necessary athe
toopen REASONABLE
INDICATION
fullinvestigation.of
APIcriminal
activity
is
based upon that
the
POSSIBILITY
of criminal
communication
muststate activity.
the Therefore,
existence
of theopening
a state orlocalfelony
warrant
and additional information
which indicates
thePOSSIBILITY
of
interstate
flight.Thefollowing
areexamples ofcircumstances
which
may becombined
toformafactual
basis toestablish
thePOSSIBILITY
of interstateflight:92
a! existence
ofa driver's
license;l
b!proximity
ofa subject's
lastknown
residence
to
anotherstate's
border;92
c!thefugitive
hasbeen
atlarge
foranextensive
K period of time;[
d!thetermination
of
publicutilities;
or92
e! theexistence
ofamotor
vehicleregistration.
The
abovefacts
are
only examples
conjunction
with
astate oftheinformation
that,
in
predication toor
necessarylocala
felony
initiate warrant,
PI,and may
isnot provide
the
intended
tobe
all
inclusive.
All
cases
that
are
accepted
investigation.
byanFTF
Aseparate
shall
be
filenumber
must
opened
as aPIorfull
be assigned
toeach
fugitive
subject
referred
by state
andlocal
agencies;
these
matters
willnotbeworked
outofa control
fi1e.]
! Plsshould
becompleted
within
90 days
Requests
forsucceeding
30-day beof
extensions
should initiation.
submitted
toFBIHQ
onaUACB
basis
atleast
14calendar
days
prior
to theexpiration
of
thePI. The
extension
request
should
include
thefollowing
information:
_m a!The
basis
forinitiation
of the
PI.
b! Asummary
of investigation
conducted
during
the
7
Sensitive
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92",§ISensitive
Manual
Part I of
Investigative
~PAGE Operations
and Guidelines 83-8
initial period or
previous extension.
' c! Reason forthe extension.
8! In the event
that the
PI uncovers
no evidence
that
the subject
has fled
interstate, authority
to continue
the
investigation ceases
and
the PI should
be closed.
9! When
PC of
interstate flight
is
developed,
a federal
warrant should
immediately
obtained
be toprior
conducting
any further
investigation.
0! Out-of-state
leads
should not be set inPIs without
sufficient documented
justification. Examples
of proper
out-of-state
leads
are record checks
individual. Leadsor
the interview
of
for out-of-state an incarcerated
interviewalocation
at
where the
subject be
maylocated
circumstances should
shouldinappropriate.
be be N0
"locate-and-apprehend" Under
set
absent
leads
£' Z ll! These
matters be should
entered
in FOIMS
asPls
and
federa1'process.
1"
~ include "Preliminary Inquiry"

in thecaption follows:
as
JOHN DOE;
UFAP- underlying local
charge!;
Preliminary Inquiry
00: office of
origin!
2! Uponissuance federal
of process
"Preliminary
Inquiry" should
be deleted
from the
title and
the FOIMS
entry
converted
to a full
investigation record.
EFFECTIVE: 07/16/96
33-4 srsrurs or LIMITATIONS

EFFECTIVE: 02/08/80 i
_,
'.tr92_._
'92-ti '/"
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924,i , Sensitive
Part Investigative
ManualIof Operations
and Guidelines PAGE
-9 88
88-4.1 Unlawful
Flight
to Avoid Prosecution,
Custody, and
Confinement _
1Thethe
violationstatute
of limitations
of where
Fugitive
Felon tolled
Act is every
in
flight
the
is
withcase
ofa intent
the
avoid prosecution,
custody,confinement,
or since aperson
cannota tobe
fugitivewithout
felon being
also
afugitive
from justice
within the
meaningTitle
of 18,USC, Section
3290.
EFFECTIVE: 02/08/80
88-4.2 Unlawful
Flight Avoid
to Giving
Testimony
This situation
doesapply
notin
thecasea of
person
fleeing to
avoid
giving
testimony.
made Since
flight
punishable
by state
law, todoes
oneavoid
giving
become
not
a testimony
fugitive
fromnotjustice
is
under 18,
Title
testimony. USC,
Section
or
not
Whether
a by
person 3290,
simply
fleeing
becomes
a avoid
fugitive
from to justice
giving
from-
~§the
92.
Federal
question.
Ifthe
testimony,
ofshow
factsoffense
fleeing
witness
the
tosubsequent
in does
avoid
fact
giving
that
becomethe
afugitive
testimony
becomes
a
flight
fromto tofactual
avoid
justice, giving
the
statuteof
limitations istolled.
EFFECTIVE: 02/08/80
83-5 RETURN
OF FUGITIVES
TO STATE
JURISDICTION
EFFECTIVE: O2/O8/80
885.l Federal Prosecution

Although
Federal
a is penalty
provided
foraviolation
of
this
act,
its primary
fugitivestrial
or isto
for purpose
aid the
states
reconfinement. the
inreturn
Therefore, of Federal
their
prosecution
is
not intended
approval and
inwritingonly
will
by theoccur
in rare
instances
upon
AttorneyorGeneral
an formal
the
Assistant Attorney
General.
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I -PAGEOperations Guidelines
and 88-10
EFFECTIVE; 02/oa/so
88~5.2 Extraditionis theState's Responsibility

! It is
not the purpose
of
this act tosupersede state
rendition procedures
when interstate
rendition be
canaccomplished
without the
assistance
of
the federal government.
The federal'
governmentassume
cannot
obligation
removal machinery,
all these
the returning,
of
fugitives despite
the
through
its
fact that such
persons technically
come within
the terms
of
the Fugitive Act.
Felon
This should
be made
clear to
the state
authoritiesthe
at time
they
request assistance.
! As an
aid to thewanting state
authorities, the
apprehending
should
officeinterview
the fugitive
regarding local
the
offense verbally
and determine
his/her intention
regarding waiving
state extradition
proceedings. wanting
The state
authorities should
Q»»
*be immediately
incarceration,of fugitives
the
admissions, notified
intention
and place
of
arrest,
regarding
extradition
theby
r~ office of
origin. The
officeoforigin
should specifically point
out
to them
that the
fugitive not
is bound-by
his/her verbal
intent to
waive extradition
and can
at any
time before
removal demand
and
receive an
extradition hearing.
92
! 92Unless
there
are unusual circumstances presentthe
.particular the
apprehending
case, office should
transfer thein
custody
ofthe fugitive appropriate
unnecessary todelay, or
and-should local
state
the
requestauthorities
office
of origin without
tonotify
the UnitedStates Attorney's
office promptly
to for
move
thedismissal
of thecomplaint. When
this procedure
is
followed,it is not
p necessary
A initialto take
the fugitive
appearance tobefore
R.amagistrate
pursuant
Fed. P. 5judge
Crim. a!.Seean
for
MIOG,
Part
l II, 2-7.1
of Justice Legal
and Division
Criminal Handbook
for Special
has Agents,
advised
FBIHQ itthatis3-5.!
The
not Department
necessary waittountil
before releasing
the theto
UFAP
warrant
subject
state
or localactually
has been
dismissed
authorities,
but itis
importantefficient
that procedures
be implemented
and followed
to
A make sure that
UFAP warrants
are promptly
dismissednotification
after
ofan arrest given.!
is See
MIOG, II,
Part
ll-l..!|
92[!92Shou1d the wanting
state authorities
be unwilling
to
:?1;should
USA
notified
order
,n§ federal
be him/her
in for
cause
to
ofdismiss
the
institute extradition
proceedings
process.
asubjects
after apprehension, the
Sensitive
PRINTED: 02/18/93
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PartInvestigative
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PAGE
Operations _88
Guidelines- ll
l92!92It
the
state is
fundsforrecognized
the that there
will
extradition ofinstances
be
fugitives
exhausted,
are where
and
possibly
situations
other
impossible
for
thestate
to arise
effectwill
itwhere
will
beall
inrecognized
extradition,
but as
instances
the
state
authorities
should
given
be
opportunity
an returntothe
fugitive by
regular rendition.
92
92!92In
has been those
attempted
has instances
where
failed
toandsecurerendition
procedure
state
return
the
of
the
fugitive,authorities
state
underFugitive
the Act;= request
Felon
USA
Themay
mustUSA institute
theto the action
first obtain
authorization
the Department
ofbefore attempting
said action.
EFFECTIVE: O5/10/96
~'
After Dismissal
88*5.3
the Federal
fugitives
wantingauthorities
of Process
apprehension
state prosecutionhis/her
for the on or extraditio
state
offense and
by
the
reconfinement,
Federalthe
should
process
be
dismissed
andcase
the
closed.
EFFECTIVE: 03/11/83
88-6 uuxnownSUBJECT CASES

Do accept
notacase
for investigation
wheresubject
thenothas
been
properlyidentifiedstate
authorities.
by
EFFECTIVE: 03/11/83
92i88-7 92PARENT-CHILD
ABDUCTION MATTERS
EFFECTIVE: 03/11/B3
Xi
1-"..=,-T"
.__,_
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PRINTED: 02/18/98
Sensitive
of Operations
and Guidelines "12
Part
IPAGE 88
38-7.1 Policy
! Thefederal92KidnappinglStatute precludes
specifically
from
investigation
i exceptcases thelkidnappinglof
inthe United
where
the
a minor
abducting
parent
child
removes
the
by parent,
or retains
theor
child outside States. Cases
involving parental
removal
retentionthe
of child
outside
underthe United
States should
beof Title
I l investigated the|Kidnapping]character
asaviolation
18, USC,
Section the 1204,
International
Parental Kidnaping
Crime Act
of 1993.See MIOG,
Part I,Section 7*4.7.!
! Parentalabductions which do notinvolve an
extraterritorial removal/retention
ofachild and areinterstate in
nature are
specifically
KidnappinglStatutes., precluded
from
fugitive investigation
However, under
investigations
in the
these
I Imatters bemay
instituted
under_the
the usual
unlawful flight
requirements aFlight
Unlawful
local or Statute
that providing
state
felony
warrant been
has issued,local authorities have requestedBureau
assistance
and agree to
extradite when fugitive is located
and
probable
cause
is shown
avoid prosecution
are met. indicate
to
In this fugitive
the
regard, cases fled
has the
wherechild state-to
the was
K legally
when removed
thefrom
fugitive the
parent state
and the
failed
to warrant
returnthe subsequently
child
should issued
brought
be
to
thethe
attention
federal the
complaint ofsought.
USA's
Office
is atthe
betime
This
should authorization
done so to file
that
the
USA's will beaware
Office
that
the case shouldbe closely scrutinized
to ensure
that
the
commerce"of "moves travels
provision
the or in
interstate
Unlawful Statute or foreign
Flight beenhas
met
in
conjunction
thewith
state
statute-under
thewhich
fugitive
parent
is
charged. ~'
EFFECTIVE: 03/20/95
38-7.2 Fugitive Priorities

Fugitive
abduction
bewill priorities
in UFAP
assigned cases
in accordance involving
with the parentrchild
criteria forth
set in
Part II, 2l2 of this manual. .
EFFECTIVE: 08/19/85
- ;'|'|i.
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PRINTED: 02/18/98 I
L1
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and PAGE 88 13
PartI
ss7.s Deleted
EFFECTIVE: O8/l9/85
Disposition
Victim
of Children
Located
by
the FBI
s37.4
! Localauthorities, rather
than the
FBI, have
the
responsibility
taking
jurisdiction,
and
their forcustody
court ofsystem
victim
a authority
has thelocated
child their
tointhe
ensure that
childis
returned
to the
parent having
legal custody.
! In order establish
to apreplanned
formulated procedure
for
the disposition
of
Kidnaping victim
each children
cases,
office
field by
located
theFBIUFAPParental
should
contact in
law
logical
enforcemen
agencies
child
custodyand
welfare
victimdepartments
to
determine
of children
and their theirfor in
policies
court procedures
returning
e the victim
taking
child to
the parent
having legal
custody.
of the
victim! If the victim

childwith
is the
fugitiveparent
at the time
should
arrest,
child
to
arresting
the
ensure
should
SAs
his/her
welfare
temporary
take
safety.
and The
ofcustody
child,
the
however,
be immediately
turnedtoover
the
appropriate lawlocal
enforcement
agency
or
for the child
welfare
custody welfaredepartment
which
of andthe childthe
has
located ultimate
responsibility
inits jurisdiction. The
FBI should
not
custody return
theof the victim
child
prior child
the
to directly
to the
parental parent
kidnaping,
since was
this is who
thein
responsibility
theabove
agencies
of and their
court system.
! If the victim
childnot
is with
the fugitive
parent
the
at
timethe
of arrest
babysitter,
and
with
subsequently
is
staying
a relative,
to determined
be
at school,
with
a
arrestingshould
SAs not orcustody
take
temporary other
likesaid
situations,
the
ofchild,
since
the
child
FBIswelfare
shouldand safety
immediately are
the not
in question.
notify In
appropriate
local
law these
situations,
enforcement the
age
or child
welfare
agencies
resolve department
of
toissues
thethe
child's
taking
of in order
location
for said
custodyensuring
and child's
the to victim
thethe
parent into
returnchild protective
legal
havingcustody
through appropriate
court proceedings.
! If the location
of the
victim
child
is known-prior
the to
pending
the of arrest
the
fugitive
appropriate
local
law the
parent,
enforcement FBI,
agencyif possible,
should
child
or notify
welfare
department
beforehand
the child's
oflocation
order
in thethatabove
issues
can be
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Partof IInvestigative
~Manual ' PAGE
Operations
Guidelines
and 88lh
parent by the FBI.
! In addition
to reporting
the subject's
apprehension to
FBIHQ,office
the
disposition
the origin,
of
victim
of known
child,and
located,
if auxiliary
offices,
be specific
shouldthethe
included
in
apprehension
location This
telephone
and teletype.
of notification
number
the should
local the
include
custodial
agency identity,
theand
specific
ensure the individual
handling
that
parent
having matter.
the
custody
legal office
The
the origin
of of
child
at should
the
time of ma
the parental
kidnaping
be instituted
bysaid promptly
individualis
to regainin
notified
order
that
custody proceedings
of the abductedchild.
EFFECTIVE: O8/19/85
[88-7.5Service
Access
to Information
fromFederal
FPLS!,
the Locator
Parent
UFAP"Parental Kidnaping-Child
Abduction
Matters
"IFPLS
/-P-_.
with
.1 each requires
request aregarding
certification
that
for information letter
submitted
aParental be
Kidnaping
subject. This
letter certifies
that:-
i l! The request
is being
made solely
to
locatean
individual
connection
in with
aparental
kidnaping
childorcustody
case.
! Anyinformation obtained
throughwillFPLS
be
treated
I as
confidential,
was
obtainedwill
beand
willbeused solely
for
safeguarded the
purpose
in accordance
withwhich
the for it
Privacy
, Act
of 1974
Title 5,
USC, Section
552a!.
! ThatFederalinformation
tax through
obtainedthe
FPLSnotwillused
beordisclosed
in violation
of Title
26, USC,
tSectipn
6103,Title
and26,USC, Section
7213!. a!
Q! That
SAC, Baltimore,
or SAC's
designee, bewill
the
certifying
information official
for
thefromthe
FBI.
FPLS Field
should an offices
submit
airteldesiring
to
to the request
Baltimore
Field
FPLS. Office
with
a lead
airtel
The Rockville,
atforth
should
set Maryland,
to
the followingcontact
the
descriptive
data
in
order athat
complete
search
all of
records
available
becan
made
by
FPLS:
:IE a! Subject's
name
.Sensitive
PRINTED: 02/18/93
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Manual
Investigative
of Operations
Part I
b! Known aliases
Social Security
Number SSAN!,
if known
M c!
Branchmilitary
of service,
if applicable
92
d! Retired military
and branch,
if applicable
e!
r!
Whether subject
receivesveteran's
any benefits
!
Federal employee,
if applicable
past, present
or retired!
h! Date of birth
! Place of birth
Subject'sfull
father's
name,
if known
i!
Subject's
full name,
mother's
including maiden
9292
I;R!
1search
~~ name,
! beInprovided
willcases
where
to SSAN
the
if known
the
FBI known,
within
14 is results
days.
If thethethis
SSAN ofis
unknown,
hand
searches
will
Administration,
which
may be
conducted
take the
several
months
to Social
by
Security
complete.
FPLS
furnish
address
theemployment
andon
fileat thetime
data thewill i
search
92
is made.
! Searches
can_also
conducted
be the victim's
onname,
provided
the
furnished. that
applicable
descriptive
searches
These theas
helpful
are out
set
data,
if victim
is above,
is
eligible
to
receivesocial
deceasedeithersecurity
benefits
Inparent.
some
cases, veteran's
victim
the or
be
may from
employed
ona abenefi
part-time basis.
i! All offices
are reminded
that
requests
for
information
only. toFPLS
Leads from
contactbe can
made
FPLSnotin UFAPParental
should
set Kidnaping
bein
out
anyother cases
types'
92 of
investigation.92
EFFECTIVE: 08/19/85
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PartInvestigative
I of
Manual Operations
and Guidelines PAGE
~16 88
33'3 JUVENILE
SUBJECTS-
! A request assistance
for locateajuvenile
to under
the
Unlawful
Statute,
custody, Flight
or flees
confinement, who
be interstate
toavoid
prosecution,
accepted
should
or refused
for investigation
based
whether
on individual
the beenhas
handled
locally
anas
adult
oras
a juvenileon the state offense
in question.
the individual
has been
treatedanadult
as and charged
_! If the substantive
criminal offense
with or convicted of be instituted
in question,
under Unlawful
the Flight
Statute.
! If the individual
has been
handled
asajuvenile
and
chargedjuvenile
Unlawful withnot
Statute
Flightdelinquency
orapply
adjudged
does
andajuvenile
delinquent,
investigation
should
be not the
instituted
juvenile
since proceedings
are considered
not acriminal
offense.
EFFECTIVE? 03119/85
33-9 STATE
PAROLE
PROBATION
AND VIOLATORS
! Requests
probation who,for assistance
violators
after to
conviction
forlocate
a state
crime parole
and
covered
the by
Unlawful
and Statute,
Flight
fleeinterstate,
fall placed
within are
parole
onprobation
or
the provisions
of the said
crime
for
Unlawful Flight
! Local
Statute.
authoritiesbeshould
advised
to submit
a formal
order revoking
the subject's
communication
parole
the USA
making
to
probation,
aformal
or
request
with
together
a
assistance.
for
!the
These
presented matters,
and
USA
to orally
if requested,
investigation
should should
be not
held
in promptly
be
abeyance
pendingbythe
receipt
USAof
theabovewritten
formalrequest.
EFFECTIVE: 08/19/85
Sensitive
PRINTED: U2/18/98
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PartofInvestigative
Manual I '
PAGEOperationsGuidelines
and 88-17
83-1O INDIVIDUALS
FREESTATE
ON BOND
! Requests
interstate afterfor
being assistance
released
on to to
locallocate
bond individuals
await flee
onawho
court action
charge by
covered
the
UnlawfulStatute
Flightwithin
fall provisions
the
of
this act and
shouldpromptly
be presented
to the
USA.
of an ! IfUSA
Unlawful declines
warrant
Flight authorize
on tothe
based complaint
athere
grounds the
thatfor
notissuance
has
been
an actual
forfeiture
details
to
FBIHQ bond
of
by cover the
in case,
promptly
airtel enclosing the
furnish
an original full
and copies
four of
an LHM
for referral
to
theDepartment
afinalfor
determination.
EFFECTIVE: 08/19/85
33-11 VERIFYING
STATE AND
PROCESS
INTENT
TO EXTRADITE
AND
_ PROSECUTEOR RECONFINE _
The
status
of the warrant
issued
by the state
authorities for
Qt. the subject's
arresttheir
continued
and intention
extradite
to and
prosecute
reconfine
or subject
thehis/her
upon apprehension
must be
confirmed once ayear.
EFFECTIVE: O3/19/85
88-12 762.9,
REPORTING
PROCEDURES
763.13,
115-7
a
HIOG,
Part11,
1,
2510,
Part
2129.!
See
761.8,
l!i Upon
initiating unlawful
an interstate
flight
fugitive
forwarded investigation,
andtwo copies
to92FBIHQ,
copy
one of an
FD"65
submitted
directlybe
should
the promptly
to Savannah
Information Technology
Center SITC!,[by
the
officeof origin. Upon
p
the
92 fugitive's
promptly apprehension
FBIHQ or
notifylocation,
teletype theatlocating
by least inoffice
ROUTINE must
precedence!,
followed
Form
Reporting by and
FD-515
entryApplication
Analysis into
the Integrated
ISRAA!. Statistical
office
_The
origin
must
of
ensureall
that
auxiliary
offices notified
are teletype
by to
92,
discontinue.
1..._92".1
! As
required ageneral
unlawful
in rule, Prosecutive
interstate
flight Reportsnot
cases
and, are not
therefore,
are
2* -3;
~:
E
to be
submitted
FBIHQ
to aunless
specific
request
made
is same.
for
~=,_.
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PRINTED: 02/18/93
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Sepsitive
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18
Manual
of Investigative
Operations
Part I
EFFECTIVE: 10/11/9a
33-13 CHARACTER_
! Section 1073-
UNLAWFULTO
AVOID
C! UNLAWFUL
PROSECUTION
FLIGHT
FLIGHT
TOAVOID
UNLAWFULT0AVOID
CUSTODY
FLIGHT the
UFA
local
substantive
,
offense; or
UFAT!bythe local
d by TESTIMONY followed
CONFINEMENT
- followe
UFAC!
UNLAWFULTO
' AVOID
FLIGHT
GIVING
charged
'me
inthe
criminalproceedings.
substantive Cfl
*UNLAWFUL
FLIGHT
TOAVOID
UNLAWFUL
PR OSEGUTION
FLIGHT
TO UFAP!
AVOID
! Section 1075
UNLAWFUL
TO UL
FLIGHT
AVOID
CUSTODYTO
AVOID
FLIGHT GIVING TESTIMONY
UFAC!, UFAT!
'
CONFINEMENT
UNLAWF
UFAC!,
£O11OWed
DAMAGING
by PROPERTY.
.
Q -. EFFECTIVE: 08/19/85
92923a14 CHILD
susronrOVERY
RECACT
OF
1992.
EFFECTIVE: 11/29/93
92
as-1a.1 Statute
92 Title
18 ,USC,Section 228
EFFECTIVE: 11/29/93
J.
»,-
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PRINTED: 02/18/98
.-.~':~...._._.;..<..~.1.92.--J-.
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__
Sensitive
was!
Manual
Part Investigative
I of Operations
88-14.2 Background
The Child
Support Recovery
Act 1992
of CSRA!,
Public Law
No. 102-521,
makes
obligation
with
respectwillful
to
a the
childfailure
to pay
a
residingpast
due
another
in asupport
Federal
state
offense.
firstAviolation
imprisonment of
fine. the
CSRA punishable
Subsequent
and/or is
violations six months
by
punishment.by
are t
years imprisonment
and/or The
fine.has
FBIinvestigatory
jurisdiction.
EFFECTIVE: ll/29/93
88-14.3 Elements
of theOffense
.r
The United
States prove
must the
thatdefendant:
! Having the ability to
pay,
! Did willfully fail to
pay,
! A knowndue
past child!
support obligation,
! which
has remained
unpaidlonger
forthan
one year
OR an
isamount
greater
than
$5,000,
! Fora child
who resides
in another
state.
Interstate
flight
is NOT an
element
of the
offense.
EFFECTIVE: 11/29/93
C
fa
Sensitive
PRINTED: 02/18/98
......_...-1.-.....r1.
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92g_,
Part IInvestigative
Manual of' PAGE Operations
and Guidelines 8820
33-14.4 Definitions
! Past due support
obligation
The CSRA
defines
"past
due support obligation"
as any
amount:
a! determined
under
acourtorder an
or order
of an
administrativepursuant
process
thetolaw
of astate be
to due
from a
person
theforsupport
and maintenance
of child
a orofachild
and
the parent
with whom
the child
is living;and
b! thathas remained
unpaid for
aperiodlonger
than one
year, or
is greater
than $5,000.
! Nillfulness
a! According
to thelegislative history,
willfulness
the has
same
meaning
criminalWillfulness
law. the as
it knowing
ishas
for
and the
purposes of Federal
intentional
violation
of
L aknown legal
duty.
With respect
to ability
topay,
the
legislativehistory
states:
"The government
must establish
beyond reasonable
a that
doubt,
the
at
time payment
was
enabletohim the
due
meet defendant!
possessed
his obligation
or
thatthe lackof funds
sufficient
sufficient to
funds
on such
datewithout
created
was
intentional act or by
was
the result
of!allvoluntary
justification
in view
of a
thefinancial and
circumstancesthe
of defendant!."
b! Nillfulness
cannotpresumed
be nonpayment
from
alone.Government
The
the date
specified
required
thedate
asof
to
is
prove
that the defendant,
theoffense, willfully
astoof
failedpay
an outstanding amount.
c! Criminal
culpabilitynot
is obviated
by partial
payment
support
support of obligations
obligation
as "anybecause
amount." statute
the defines
partial
However,past due
payment
may be
relevant
inability
to pay,
circumstances
any to which
would negate
willfulness. The
including the case
in
ofwhich
relationship
of
the partial
amount
of payment
has
partial been
made,
payment
the to
total arrearage
and ability
to pay
the arrearage,
should
considered
be
Qt, M
before proceeding.
Sensitive
PRINTED: 02/18/98
92
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if
92;;§
PartInvestigative
ManualI of and GuidelinesPAGE
Operations B8
EFFECTIVE: 11/29/93
88lb.5 Investigative/Prosecutive
Procedures/Policy
l! On
guidelines7/13/93,
Attorney
thefollowed
besigned
theoutlining
procedures
to national
General
by
Department
of
Justice
make in
personnel
United
the the
enforcement
States
Attorney the CSRA.
These
inselected
each of
judicial guidelines
responsible
district and
for determining
which
cases
prosecution. will be
thewill investigation
Therefore, for
FBIinvestigate
only of violati
the CSRA
referred
bythe
U.S.Attorneys Offices.
! While
come complaints
private
from referrals
and
individual
lawyers, investigation
orfor may
complainants,
state
andlocal
l
agencies,
amatter
generally
onlyofas
acceptpolicy,
the Attorneys
U.S. will Office
referrals
state
Title
from
IV'D agenc
! et
SectionTitleIVD
seq.,
651 the
of Social
requires Security
to states 42Act,
establish USC
programs
the for
enforcement
are as child
known IV~D support.
The
of
agencies. agencies
operating
agencies
Thesethese
programs
pursuemust
support
child
on
as behalf
of
atthe individuals
request who receiving
are
of individuals
whonot.areassistance
public
as
well
addition,
In Ordinarily
maythere
be other
qualified
an individual involved
agencies
complainantbe child
support.
encouragedwith
should
to work
with
aIVD
agency
other
before action
orappropriate
is taken
agency
pursue
by Federal
to
available
prosecutors.
other reme
1
Q! Because
encouragesof the
variation
Attorneys
coordinate
U.S. state
toIVDamong
DO]
laws,policy
officials
with
or their
l
designees
other
appropriate
establish and
officials
procedures
referral local
and on
state to
levels
committees
develop
localtomayFBI
towish
guidelines. and
establish
localauthorize
personnel
are
to serveonthese
committees.
EFFECTIVE: 11/29/93
Sensitive
PRINTED: 02/18/98
.7,-......-.
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Part
Manual
of I
Investigative
Operations
Guidelines
and PAGE
22 88
88-14.6 Referral Package
U.S. Attorneys
will require
areferral
package
every
in
case.
copiesreferral
Each
court
of will
package
records
and include
allability-torpay
orders,
and background
information,
information.
As
ageneral
only rule,
they
if cases
will
clear
make
that allaccepted
be the
U.S.
Attorneys
reasonably by have
available Office
remedies
been exhausted.
Among cases,
suchpriority
shouldgiven
be
to
cases
where the
following is
established:
l
. l! flight
payment apattern
orof flight
after
service offromfor
state
tostate
process to avoid
contempt
or contempt
hearing; or
92
! apattern
changing of
deception
orto
concealingavoid
employment,
assets payment
as
location, such
using
or false
social security numbers; or
! failureto make
support payments
after being
held in
contempt; or
Q! when
the failure
to make
child support
payments
a has
nexusother
i.e., toassets!,
potential
Federal
concealing
fraud such
bankcharges,
bankruptcy
false
i.e.,asstatements
toa fraud
bank!, Federal
income
charges
tax falsei.e.,statement
or tax
evasion! related
or criminal
conduct.
EFFECTIVE: 11/29/93
88lb.7 Notice
to Target
and Charging
! If,is after
action
believed reviewing
to all pertinent
be warranted,
the documents,
following
steps takenfurther
will be
by the
U.S. Attorneys
Office prior
to filing
charges:
a! Before
referringcase
any involving
the CSRA
to
the
of FBI,
aletter
the
CSRA will
thatthey
and sent
be to
appear the
to
be
innonpaying
parent
violation
of it advising
them
and
requesting
days!. If ofnot
payment the
payment
arrearage
made,
the aspecified
is matter
willwithin
beperiod
referred 0
the to
FBI.
Sensitive
PRINTED: O2/18/93
§_:-Q,
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31"
Manual
Investigative
of Operations
and GuidelinesPAGE 88
Part I
prior the
tob! After
filingthe
of charges,FBI
completes
asecond
letterinvestigation
will the
befiled
sentthe by and
U.S. Attorney
advising
' payment
' target
de wi thecharges
that
'thin will
be
aspecified
periodtime
of 0 unless
satisfactory is ma
'days!.
c! Ifsatisfactory hisstill
payment
not
been forthcoming
advanced, U.S.
and adequate
no explanation
for nonpayment
f'1e as nonpaying
against
chargesthe parent.
Attorneys Offices
should i
! Since
Attorneys willthe first
Office
use offense
summons
to amisdemeanor,
obtain the is presence
the U.S.
of the
defendant in court.
l!pretrial diversion
l
As awill
matter
of
bepolicy,
not toexcept
used veextraordinary
l these
reso in
cases,
since the cases
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ASSAULTING,
ORKILLING
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A FEDERAL
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SUPREME CONGRESSIONAL,
CABINETKIDNAPING,
ASSASSINATION,
COURT
SECTION B9. AND
AND
ASSAULT; TOCONSPIRACY
IMPEDE
OR INJURE
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89
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Assaulting,orKilling
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to effect
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! Murder,Title 18,USC, Section
1111.
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1972 the
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Supreme
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Furman
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Georgia,
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1112.
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being without
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produce death.
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shall
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shall
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imprisoned
or more
not
three
than
years, or
both."
! Assault
or Resistance,
Title
18, USC, Section
2231.
" a! Whoever
forcibly assaults,
resists, opposes,
prevents,
authorizedimpedes,
intimidates,
serve
or execute
to interferes
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of
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three
years,
both; and --
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in committing
any act
in violation
of this
section,any uses
deadly
or dangerous shall
be
weapon,
fined
not more
than $10,000
or imprisoned
not more
than years,
ten both."
or
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95.
Order Part of
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l874"9h!,
No. 28,
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Federal AG
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59,
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95, dated
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employees in designates
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thatbe
not
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CFR, 6h,
PartSection
64.2 states
"The following
categories
Federal
of officers
and employees
are designated
for
coverage under
Title 18,
USC, Section
1114:
t.».,,
n a!
Judgesspecial
and trial
judgesthe
of U.S.
Tax
Court; Commissioners
employees
andof
the U.S; Parole
Commission;u b!" '
Attorneys the
of Department
of
Justice;
" c! Resettlement specialists
and conciliators
of
the Community
RelationsH
of
" e! OfficersService
the
and Department
employees
of the Justice;
Bureau of
of
Prisons; " f! Criminal
investigators employed
by the
U.S.
Attorney's
andemployees
Office;
of
theU.S. Attorney's
Office
assignedperform
to
" g!debt
collection
U.S. functions;
Trustees Assistant
and Trustees;
U.S.
bankruptcy
Trustee who
and
analysts
System
other
officers
have
and
contactcreditors
employees
of the
with debtors,
U.S.
and perform
audit
functions,
functions
in
or perform
other investigative
administering
the bankruptcy
or enforcement
laws;
" h! Attorneys
and employees
assigned
to
perform
or
to
of assist
the in performing
Officertheof investigative,
Inspector
General an or
inspection
audit
functions
"establishment"
of orall
"designated
and SE,
entity"
respectively,
Federal
those
as
theapp.3,
of
are
terms
Inspector
General
defined
of
by
Sections
1978,
Act as
amended,
of Title
5, USC,
Inspector
General Sections
thethe
of
U.S. ll
and SE,
Government of
andthe
Offices
Office,
Printing
Merit
the
Systems" Protection
Board,
i! Employees
ofandSelective
Service
the Department System.
Agriculture
of at
m-_
,
E
.,gF,92
the State,
DistrictCounty
or 1eve1'assigned
to perform
loan making,
.
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92
,Sensitive
Manual
PartofInvestigative
I Operations and
Guidelines PAGE 39
loan
servicing or
"loan collecting
j! Officersandfunctions;
employees
of
the Bureau of
Alcohol, Tobacco,
and Firearms
assigned
perform
to toor
assist
in
performing investigative,
inspection
" k! Federal
or
law enforcement functions;
air marshals
of
the Federal Aviation
Administration; '
" l! Employees
of theBureau
of
Census
employed in
field workconducting censuses
and
" m! Employees
and surveys;
members of
the U.S. Military
services and
employees
theofDepartment
of Defense
who:
"1. are military police officers,
"2. havebeen assigned
to guardand protect
property
of
theUnited
control aofU.S.
States,
or or
persons
military service
underadministration
the
the
Department
Defense,
of or
and
"3. haveotherwise been
assigned
to
perform
investigative, correction
or otherlaw enforcement
functions;
" n! TheDirector, Deputy
Director for
Supply
Reduction, Director
Deputy Demand
for Reduction,
Associate Director
for
State and Local
Affairs,
and Chief of'Staff
of the Office of
National Drug
Control Policy;
" o! Officersand'
employees
of theDepartment of
Energy authorized
tocarry
firearms in the performance
of
investigative, inspection,
protective
" p! Officersand
or
law
employees
enforcement
of theU.S. '
functions;
Environmental AgencyProtection
assigned
to perform
or
to assist in
inspection
" q! Biologists law orenforcement
and technicians
of thefunctions;
U.S. Fish
and
Wildlife Service
who areparticipatingsea
in lamprey
control
" r! Uniformed
operations; and
nonuniformed
special police
of
the General
Services Administration;
and officers
and employees
of
the
General Services
Administration to assigned
inspect
propertythe in
process
its"of
acquisition
by
s! Special or
on
behalf
Agents
of of the
U.S. Government;
the Security Office
of the
U.S. Information " Agency;
t! Employees
of theregional, subregional
and
resident offices
of the
National Labor
Relations assigned
Boardto
perform investigative
and hearing
functionsto or
supervise
the
performance
ofthe
of
such functions;
auditors
and
Divisionof Administration
of the
Security
and
National
Labor
Specialists
Relations
Board; " u! Officersand employees
of theU.S. Nuclear
Regulatory
'Commission:
"1. assigned perform
to or
to assistin
inspection
' "2.
engaged
in
laworenforcement
activities related
functions or
to thereview
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Manual of Investigative Operations and Guidelines -

Part I PAGE 89
i of license applications and license amendments;

A- " v! Investigators employed by the U.S. Office of
Personnel Management;
1 " w! Attorneys, accountants, investigators and other
employees of the U.S. Securities and Exchange Commission assigned to
perform or
to assist in performing investigative, inspection, or other
* law enforcement functions;
" x! Employees of the Social Security Administration
assigned to Administration field offices, hearing offices and field
assessment offices;
" y! Officers and
employees of the Tennessee Valley
Authority authorized by the Tennessee Valley Authority Board of
Directors to carry
firearms in the performance of investigative,
1 inspection, protective or law
enforcement functions;
i " z! Officers and employees of the Federal Aviation
Administration, the Federal Highway Administration, the National
j Highway
Traffic Safety Administration,_the Research and Special
Programs Administration and the Saint Lawrence Seaway Development
Corporation of the U.S. Department of Transportation who are assigned
to perform or assist in performing investigative inspection or law
enforcement functions;
" aa! Federal administrative law judges appointed
pursuant_to Title 5, USC, Section 3105; and
" bb! Employees of the Office of Workers
Compensation Programs of the Department of Labor who adjudicate and
administer claims under the Federal Employees Compensation Act, the
Longshore and Harbor Workers Compensation Act and
its extension, or
the Black Lung Benefits Act."|
EFFECTIVE: 11/23/94
39-2.3 Elements
I y! That the defendant|threatened,Iassaulted, killed or

attempted to kill the Federal officer or
employee.
! That the Federal officer or employee is

protected
under Title
18, USC, Section 1114.
|! |That when threatened,|assaulted, killed, or the

attempt to kill
occurred while the protected federal officer or
employee was engaged inthe performance of his/her official duties or
||the
protected federal officer or employee|was|threatened,|assaulted,
Sensitive
PRINTED: 02/18/98
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Manualof
Guidelines
Part
I PAGE 89
killed orthe attempt
his/her official
to kill wason
duties. S
accountof theperformance of
! Based ona3/19/45Supreme Court

Decision, UNITED
STATESV.
FEOLA,it is not necessary
to allege
and proveunder Title
18, USC,Section 111,
that thesubject knew
the victim
wasafederal
officer oremployee
at
the time ofthe assault.The Supreme
Court
held thatit needonly beestablished that
the subject
had the
specific intentto commit
the assault.However,
asamatter of
investigative prosecutive
and policy,
such knowledge,
if present,
should always
be obtained.
Prior tothis Supreme
Court decision,
the
variousU.S.Circuit Courts of
Appeals
were divided as
to
whetheror
not the
element.
above
knowledge on thepart of the subject
was an
essential
! In regardtothe federal Conspiracy

Statute, Title
18, USC,
Section 371,
the above
Supreme Court
decision also
held that
it is not necessary
to
allege andprove
that the subjects
knew the-
victim they
conspiredassault
to was
afederalofficer oremployee. ]
! While the above
Supreme Court
decision dealt
only
with assaults
of federalofficers and
employees inconnectionwith
Title 18,USC, Section
111, theDepartmentJustice
of DOJ!
is of the
opinion that
this decision
would alsoapplyto
killings of federal
officers and
employees
conspiracies to
kill
covered
under
Title
these individuals.
18, USC,
Section 1114,
and
! Title 18, USC, Section 111,

does not
define theterm
assault. The
DOJ has
advised that
in
the absencethis
statutory
of
definition, thecourts have
followed the
following common
law
definition: An
attempt
with
force or violence
to doa corporal
injury
to another
consisting an
of actwhich may
cause corporal
injury,
accompaniedcircumstances
by which
denote at the timean
intention
coupled with
the present
ability of using actual
violence against
the
person. | See
HIOG, Part
I, 89-3.5!, l754!.!] '
8!. Theelement of
force isrequired under
the provisions
of Title 18, USC,
Section lll, since it statesin
part, "Whoever
forcibly assaults,
...."
In many instances
the use
of forceby_the
subject willbe clearlypresent and
will not present legal
a issue.
It shouldbe notedthat mereverbal threats
alone donot constitute
force; however,
a threat
of force
uttered with
the apparent
present
ability toexecute it,
such asthe subject
displayingweapon
a or
makingathreatening
gesture which
places
the
victim in fearof bodily
harm,
legally constitutes force
and a
violation ofthe above
statute.
. TAI;
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Manual of
and Guidelines
Part 9I . PAGE~12
89
EFFECTIVE: 11/23/94
89-2.4 Method
for Determining
if aFederal
Officer Employee
or is
Protected Under
the Assaulting
aFederalOfficer AFO!
and
Killing aFederal Officer KFO!Statutes
18, USC,! Upon

Sectionto receipt
1114, ofa complaint,
determine the immediately
victim is review
if reported Title
specifically listed and, therefore,
protected.
! If, after the
above review,
aquestionexists
asto
whethernot
or thereported victim
is protected,
promptly
contact
an
appropriate Assistant
U.S.
Attorney AUSA! aforlegal opinion.
! the
If theAUSA
cannot
resolve the Crimes
issue,
telephonically
J QI contactViolent]Crimes/Fugitive]Unit§ Major
and
Violent
'
-?
Offenders
Section, Investigative
-resolution.
Criminal FBIHQ,
Division,
for
EFFECTIVE: 11/23/94
89-2.5 Renaming
Section
of Agencies
1114
.
Covered
-
Title
Under
18, U.S.
Code,
- ! Title 18,USC, Section
1114,
identifies the agencies,
officers, and
Statutes. '
employeesare
whocovered
under the
AFO and
KFO
! Occasionally,
an agency
identified and
protected
under Section
1114
will undergoexecutive
an reorganization
and be
renamed.
An
example
is theBureauNarcotics-and
of Dangerous
Drugs
which became
the DrugEnforcement Administration.
! Basedon courtinterpretationsTitle
of 5,USC,
Section 907dealing
a!, with
executive reorganizations, hasit been
held
that asuccessor
agencyafforded
is same
the degree
of protection
under Section
1114
as
the agency which
it replaces.
Section 907- a!
$632 continues,
w
-r.f ineffect,
those
y F? of anagency. Therefore,
existing
the FBI
laws toprior the
reorganization
should investigate
AFO and
KFO
Sensitive
. PRINTED: 02/18/98
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-. _92

Part I PAGE 89 - 13
violations involving the successor agency.
EFFECTIVE: O2/16/89
89-2.6 Distinction Between

"Engaged In" Versus "On Account Of"
Pérforman§e ofOfficial Duties
! The distinction between aprotected Government
officer who is assaulted, killed or an attempt to kill occurs while
"engaged in
the performance of his/her official duties" and
"on
account of the performance of his/her official duties" is as
follows:
_a! If aSpecial Agent

is assaulted by abank
robbery fugitive while apprehending him/her, the assault occurred
while the Agent was "engaged in_the performance of his/her official
duties."
g."_ robbery subject assaults

b! If,
after being
released
prison,
from
the above Agent, while
the
bank
either on or off duty,
»e because the Agent
had previously arrested him/her, the assault
occurred "on account of the performance of his/her official duties."
! The above latter distinction is
an important factor
to be considered if a protected Government officer or employee is
assaulted, killed or an
attempt to kill occurs while either on or off
duty. Consideration should be given to the possibility that the
victim was attacked because of past performances of official duties.
In such situations, an
investigation may be instituted to determine if
the attack was so motivated, thus making
it a violation of either the
AFO or KFO Statutes. '
EFFECTIVE: 12/19/86
Sensitive
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§:;§§, Sensitive
~ Manual
Part I _PAGE 89
- 14
39-2.7 Comments and Clarification Regarding Threats to Commit an

Assaulting a Federal Officer or Killing
a Federal Officer
Violation| Seenxoc,Part 1, 39-2;10!, s9-2.1s!.!|
! |Threats to
assault or
kill a protected
federal
officer or
employee constitute a federal violation under Title 18,
USC, Section ll5
A a! l! B!. requisite element in
providing these
crimes is "intent." These
crimes must be
committed with intent to
impede, intimidate, interfere with, or retaliate against United States
officials, United States judges, federal law enforcement officers, or
5 officers whosekilling
would be
a crime underTitle 18, USC,Section
41114, while those individuals are
engaged in the performanceof their
official duties, or on account of the performance of their official
duties.|
!It should be
noted that if captioned threats
do not
constitute an actual AFO violation, they must be further analyzed as
follows to determine if they constitute some other federal or local
violation
upon which investigative or referral
action should be taken:
I/'.
,
K92
=; If
a! captioned
threats
areconveyed
by the
U.S.
r? mail or interstate telephone call, FBI jurisdiction
under the Federal
Extortion Statute exists. See Part I,-Section
9 of this manual
entitled "Extortion" for complete details.
If
b! the threats
involve two or more subjects, a
violation
under the federal Conspiracy Statute, Title 18, USC, Section
371, or the Conspiracyto Impedeor Injure an Officer Statute,
Title
18,
USC, Section 372, may exist. See 894 for complete details.
c! Captioned threats, under the proper

circumstances, could constitute an Obstruction of Justice violation.
See Part
I, Section
72 of this manual entitled "Obstruction
of
Justice" for complete details.
d! Captioned threats, if made

by telephone call
within the District of Columbia
or in interstate commerce, may
constitute
a violation
of the Interstate Obscene or Harassing
TelephoneCalls Statute, Title
47, USC, Section 223. See Part
I,
Section
178 of this manual entitled "Interstate Obsceneor Harassing
Telephone
Calls" for complete details.
!If the office of origin OD! is in
doubt whether
_ captionedthreats constitutea federal violation underthe
FBI's
f"7* jurisdiction,
_- »-1_.
*
the fact situation should be promptly presented toan
appropriate AUSAfor a legal opinion regarding this issue and whether
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Part I PAGE 89 15
an investigation or a"preliminary inquiry" should be conducted in

accordance with
the current Attorney General's Guidelinesgoverning
such procedures.
! In the absence of
FBI jurisdiction, ifit is
determined that afederal violation under
the investigative
jurisdiction of
another federal agency exists, such
as blackmail which
is handled by Postal Inspectors, the case
should be referred
to the
appropriate agency for investigation.
! In the absence of afederal violation, instant _
threats should be referred to local
authorities to determine ifthey
constitute an
offense which will be investigated by
them.
! Any presentation to
an AUSA for a legal
opinion or
referral to
another federal agency or local authority should be set
forth in the notification communication to FBIHQ. See 892.10 for
complete details.
X! The 00 must immediately notify the victim and any

K 5agency having protectiveresponsibility for the victim. In cases
"~ involving threats against members ofthe Federal Judiciary, the Chief
Judge of the Judicial District also
should be notified of the
threat.
Notification should include whether the FBI or another agency is
investigating the threat. All notifications should be
set forth in
the initial teletype to FBIHQ.
8! Aconfirmation letter to the victim

must be sent
within five working days after the FBI is made awareof the threat. A
copy of the confirmation letter must be directed to any agency having
protective responsibility for the victim and, ifappropriate, to the
Chief Judge of
the Judicial District.
EFFECTIVE: 11/23/94
IL
Nu; 47'
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Q39
5
¥
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Part I ' PAGE 89
B9-2.3 Threat Assessments
! In cases
involving AFO or KFO threats received by a
victim, the FBI may be requested by the agency
responsible for
protecting the victim for a"threat assessment" of the threats
received. _
! Based on
past experience, the above situation will
most likely occur when-a Federal judge has received an
AFO or KFO
threat and the local
U.S. Marshals Service USMS! Office is providing
the victims with protection. The USMS Office may request the local
FBI Office or
FBIHQ, through USMS Headquarters, Washington, D.C., for
a"threat assessment" to assist
them in determining if the protection
detail should be continued.
r. ! It must be clearly understood that the FBI does not

provide "threat assessments" per se. The FBI will not, under
any
-92 circumstances, render an opinion as
to whether the protection should
be continued or terminated.
! It is necessary, however, when a field

office
receives such a legitimate request, that it disseminate all known
facts regarding the AFO or KFO threats and the results of any
pertinent investigation. This dissemination will enable the agency
providing the protection to formulate its own "threat assessment" and
opinion whether the protection should be continued or terminated. If
the threat was developed through an FBI informant, his/her identity
must be protected; however, astatement regarding his/her reliability
should be provided.
In threats developed from other sources known to
the FBI, dissemination should include astatement as
to their
reliability as
far as can be determined.
! In order to prevent amisinterpretation of the facts,

the above dissemination must be made by
letterhead memorandum LHH!.
In
addition, FBIHQ must be promptly notified of the request and the
local dissemination by submission of acover airtel to FBIHQ enclosing
four ! copies of the disseminated LHM.
! Requests or "threat assessments" occasionally

originate on aheadquarters level. In such instances, FBIHQ will
promptly notify the appropriate office and request an LHM setting
fig forth details

conducted. The
enable it
of the threat and the
results
information disseminated
to formulate its own
to the
"threat assessment."
of any investigation
requesting agency will
¥$§ V.
.1.
|! Field offices should deal only with local
.§%% _
;;§5 Sensitive _
, Manual of Investigative Operations and Guidelines
Part I _' PAGE 89 - 17
representatives of agencies requesting information in

connection with
threat assessments. Inquiries from the headquarters of those
agencies should be referred
to FBIHQ.
' EFFECTIVE:
02/16/89
89-2.9 FBI
Investigative Jurisdiction
.! |The AFO and KFO statutes Title 18, USC, Sections

111,
115, 1111,
11l2,|1l14,|1117|and 2231! do not specifically
designate the FBI as the responsible investigative agency- However,
the DOJ has historically ruled that the FBI has investigative
jurisdiction over all federal criminal statutes when no agency is
specifically designated to conduct the investigation.
I! Following passage of the original AFO and KFO

Statutes on May 18, 1934, and in accord with the above
DOJ ruling, the
' FBI'<
7:» killings
investigated,
has continues
of and attempts to kill
federal
and
to
investigate, all assaults
officers and employees
and
~ '
protected under Title
18, USC, Section 1114, with the following
exceptions: -
a! Pursuant to a10/2/56 agreement, the Department

of the Treasury has inmestigative jurisdiction over assaults and
killings of and attempts to kill its personnel. See 892.13 for
complete details. l
b! Pursuant to a3/5/75 agreement, the Postal

Inspectors have investigative jurisdiction over
assaults and killings
of and attempts to kill postal employees under certain designated
conditions. See 89"2.l4 for complete details.
EFFECTIVE: 11/23/94
.- 1:5-
,,.-_,-.;
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Part I PAGE 89
B9-2.10 Notification to FBIHQ in

Killing a Federal Officer and
Assaulting aFederal Officer Cases| See MIOG, Part I,
" s92.7!, a9-2.110!.
! FBIHQ should be promptly notified of all new KFO

cases by telephone and confirmed by immediate teletype. In addition,
FBIHQ should be advised of all subsequent major investigative
developments by summary teletype. The teletype reporting asubject's
apprehension should include astatement as to whether or not the
subject admitted the violation.
92
! In all AFO cases, depending on the urgency of the
situation, FBIHQ should be promptly notified by telephone or teletype.
Telephone notification to FBIHQ
must be confirmed by immediate
teletype. In addition, FBIHQ should be advised of
all subsequent
major investigative developments by summary teletype.
! In cases involving athreat to commit an AFO or KFO
violation, depending on the urgency of this situation, FBIHQ should be
notified by telephone, teletype or airtel. Telephone notification to
FBIHQ mustbe promptly confirmed by teletype. If such cases
involve
FBI personnel, United States Attorneys or Assistant United States
Attorneys as potential victims, notification should be made by
.telephone or teletype. In cases involving members of the Federal
Judiciary, including U.S. Magistrates, refer to 89-2.1D!.
! During regular working hours, FBIHQ, Criminal
I Investigative Division, Violent]Crimes/Fugitive|Unit, must be
immediately notified by telephone of all reports of threats to commit
an
AFO or
KFO violation against any memberof the Federal Judiciary,
including U.S. Magistrates. If report of athreat occurs outside of
regular working hours, telephone the FBIHQDuty Agent. This
telephonic notification should be followed by an "Immediate" teletype
|to FBIHQ. l See
! sMIOG,Part 1, 892.15!.!l
! In any AFO or KFO investigation, FBIHQ must be
advised by airtel of its closing. This airtel should state the basis
for closing. The airtel should also indicate the victim, as well as
any agency having protective responsibility for the victim and any
Chief Federal Judge if victim was amember of the Federal Judiciary!,
was notified that the investigation has been closed.
! In regard to AFO or KFO cases

involving FBI personnel
and threatened or actual AFO or KFO cases involving federal judges,
USAs and AUSAs, see 89-2.15 for further details.
Sensitive
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.._,4
I__92 ¬ Sensitive
Manual of
Part I PAGE 89
! In cases
involving athreat to commit an AFO or KFO
violation, the teletype or airtel notification to FBIHQ must set forth
the complete details of the threat and its means of conveyance. See
89r2.7 for further requirements.
EFFECTIVE: 11/23/94
89-2.11 Investigative Procedures
! In KFO violations, signed statements, if possible,

should be obtained from all eyewitnesses to the offense andother
witnesses who provide any positive information concerning the case.
Interviews of individuals who were in the immediate vicinity of the
offense but claim not to have seen or heard anything should be
recorded in an FD"302 in the event they are later contacted by defense
counsel for opposing testimony.
! In KFO violations, it is essential to establish that

92
''
~..
~- the cause of
death occurred by reason of the subject'sactions. An
autopsy must be performed by aphysician who will testify as
to the
cause of
death. Copies of
the autopsy report, along with the
interview of the performing physician, must be included in the
prosecutive report.
! In AFO and KFO violations, every effort

must be made
to recover any weapon.used for examination purposes. In addition, the
weapon should be
traced to establish it was in the subject's
possession at the time of the offense."
! In AFO and KFO violations, evidence of aprior crime

committed by the subject, which may have been the basis
for the
assault such as his/her attempting to avoid apprehension, may be
introduced as
evidence to establish a motive for having committed the
AFO or KFO violation.
! In AFO and KFO violations, athorough past history of

the subject should be
developed as this
information may be used as
rebuttal evidence against him/her during his/her trial.
-! In AFO cases, the victim should be examined by a
physician in order to establish and document theextent of injuries.
Acopy of the medical report, along with the interview of the
examining physician, should be included in the prosecutive report.
Sensitive
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. 92
k92_J- i Sensitive
iHanual of Investigative Operations and Guidelines
PAGE B9 - 20
Part
I
!. If AFO or KFO threats have

been received by the
victim
and
investigation
hasbeen
or will
I 9! IDeletedl
'
0! When FBI personnel are victims in actual
or
threatened AFOor KFOcases, FBIHQshould be notified as set forth
in
89-2.10.
' ll! AFOand KFOcases

involving FBI personnel must i
Areceive immediate
andaggressive
investigation.
When
thesubject
is
92~
identified, the case shouldbe promptlypresentedto the USA's
Office
1'n
an
effort to obtain'federal
'
process» Ifprosecution '
is d
ec l'ned
i,
FBIHQ
shouldbe advisedby teletypesetting forth the complete
details. ' '
If appropriate, FBIHQ will e'
discuss th case with the DOJ for
a final determination. Itis noted that an absenceof
actual physical
injury should not bar federal prosecution. _
2! In the event an AFOor KFOmatter arises from

a g
substantive investigation, a separate AFOor KFOcase will be opened.
A copy of the opening communicationshould be d'
irec ted to the
substantive unit at FBIHQ.
EFFECTIVE: 03/21/95
| a9-2.12 |De1eted|
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"Manual of Investigative Operations and Guidelines
Part I PAGE 89 21
EFFECTIVE: 11/23/94
l 39-2.12.1 |Deleted|
EFFECTIVE: 11/23/94
89-2.13 Department of the Treasury Personnel

! For purposes of
this section, the Department of the
Treasury iscomprised ofthe UnitedStates SecretService USSS!;
Internal Revenue Service; United States
Customs Service; and the
Bureau of Alcohol, Tobacco, and Firearms.
K§ ! Whenthe AFO
and KFO
Statutes were
initially enacted
r~- into law,
the FBI investigated those offensesinvolving Departmentof
the Treasury officers and employees. I
! Based
on asubsequent desire of the
Department of the
Treasury to
investigate such offenses involving its personnel, a
jurisdictional agreement was reached
between theDepartment ofthe
Treasury, FBI, and DOJ.
! On 10/2/56, the Attorney General AG! issued a

memorandum ruling
that assaults and killings of Department of the
Treasury personnelwere to be investigated by the-Department of the
Treasury rather than
the FBI. This memorandum also stated that if any
case
develops wherein the absence ofan FBI investigation of it is
materially interfering with law enforcement,the
AG should beadvised.
!A Department of the Treasury agency may request an
FBI field office to
investigate an AFOor KFOmatter as
an exception
to the AG's 10/2/56
ruling. The headquarters of the
requesting agency
should forward such requests to FBIHQ by the most practical,
expeditious means so that FBI investigation, if approved, is not
delayed. The field office receiving a request of this type should
Ipromptlyfurnish pertinent
details tothe|Violent|Crimes Unit,
Criminal Investigative Division, FBIHQ, so appropriate Bureau
i officialsmayinformed
1» I 92__- be the of
incident
and request.
the
,' 7'
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PAGE 89
Part I
EFFECTIVE: 02/16/89
89-2.14 U.S. Postal Servic eUSPS! Employees p
.! Title 18, USC , Sections 111 and 1114, provide

protection to officers and employees ofthe USPS from
assaults,
killings and attempts to kill.
! On 3/5/74, DOJ issued the following
policy directive
regarding AFO and KFO matters involving USPS employees: _
s"Unless otherwise directed bythe Department, I

investigation of
assaults on
and homicidesof
personnel of the USPS is
for
the FBI ifincidental to a nother violation
under the primary
investigative jurisdiction of the FBI or if the attack is by a
nonemployee against aPostal I nspector and
for the USPS in all other
instances."
! For purposes of
clarification, based on the above,
current_FBI and USPS jurisdict ion is as
follows:
a! The FBI will investigate assaults and killings

of
and attempts to kill Postal Inspectors by nonpostal employees.
b! The USPS will investigate assaults and killings

of and attempts to kill Postal Inspectors by postal employees.
c! The USPS will investigate all other assaults,

killings of and
attempts to
ki ll USPS officers and employees except in
cases where the attack is inci dental topanother violation under the
primary investigative jurisdic tion of the FBI or if
otherwise directed
by DOJ.
! In applying t heabove
guidelines, the term "employee"
includes all individuals emplo yed by the USPS, regardless of
title,
other than persons who provide services for
the USPS on a fee, '
contract, job, or piecework basis.
EFFECTIVE: 02/16/89
'r=-.
5" K :'II':=
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.. -..
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Part I -PAGE 89
89-2.15 Assaulting, Killing, Attempting to Kill, or Threats Made

Against Federal Judges, United States Attorneys and
Assistant United States Attorneys| See MIOG, Part I,
a92.10!.!|
! It should be noted that while Title 18, USC, Section
1114,
lists "any judge of the United States" as being protected from
assaults, killings and attempts to kill, U.S.
Supreme Court Justices
are actually protected under
the Congressional, Cabinet, and Supreme
Court Assassination, Kidnaping, and Assault Statute, Title 18, USC,
Section 351. See 893 for complete details. As aconsequence,
assassinations, kidnapings, attempts to kill,
and assaults of U.S.
Supreme CourtJustices are investigated by the FBI under
Section 351,
and assaults and killings of or attempts to kill
all other federal
judges are investigated by the FBI under
Sections lll and 1114,
respectively.
! Although there is no direct case law in point, DOJ

has opined that District of Columbia Superior Court Judges and
Judges
of Territorial Courts of the Virgin
Islands fall within the "any
judge
of the United States" provision of Section 1114.
DOJ, therefore,
recommends that an AFO or KFO investigation may be instituted by the
FBI if these judges are assaulted, killed or an
attempt to kill occurs
while engaged inor on account of the performance of their
official
duties. However, DOJ is also of the opinion that if investigation is
instituted by the FBI, prosecution in both instances should be handled
by local authorities, who would also have jurisdiction under their
laws, unless compelling reasons exist for federal prosecution under
Title 18, USC, Sections 111
or 1114. _,
! In
regard to actual assaults and killings of or
attempts to kill captioned individuals within the elements of Title
18, USC, Sections 111and 1114,
a violation is clearly present and an
investigation should be immediately instituted. FBIHQ should be
promptly notified of any such violations by telephoneand/or teletype,
and the notification teletype to FBIHQ should set forth the
investigation already conducted andspecific leads reflecting the
investigation to be conducted. See 89-2.10! for procedures
concerning members of the Federal Judiciary.! In
addition, FBIHQ
should also be advised of all subsequent major investigative
developments by asummary teletype.
! In
regard to threats to assault or kill captioned
individua1s,|Title 18, USC, Section 115 a! l! B! makes it afederal
crime
to threaten to assault, kidnap,
or murder United States
officials whose killing would be acrime under Title 18, USC, Section
92
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, Sensitive
Manual of
Part I PAGE 89
1114! and United States judges. AUnited States judge is defined as

"...any judicial officer of
the United States, and includesajustice
of
the Supreme Courtand aUnited States
magistrate...." Title 18,
USC, Section 1114
lists both U.S. Attorneys and Assistant U.S.
Attorneys as protected officers oremployees. Therefore, threats
against United
States judges, U.S. Attorneys, and Assistant U.S.
Attorneys are
investigated by the FBI under
115. See139"2.7 for instructions regarding proper procedures.
! Although AFO andKFO violations involving captioned
individuals fall within the FBI's investigative jurisdiction, the FBI
does not have legal authority to provide physical protection for those
individuals to prevent threatened assaults,
killings and attempts to
kill.
The security and physical protection of
captioned individuals
are the statutory responsibility of the USHS whichis vested under
Title 28, USC, Section 569.
! Based on
the above protective responsibilities of the
USMS, anagreement between FBIHQ and the USHSHeadquarters was
established wherein FBIHQagreed
to promptly notify the USMSboth
locally and on aheadquarters level whenever athreat to assault or
kill captioned individuals is received by the FBI, or
when such
individuals are actually assaulted or killed.
! When an investigation isinstituted involving one of

captioned individuals as avictim or
potential victim, close liaison
should be established locally with the USMSoffice
responsible for
his/her physical protection.
! Dissemination of
pertinent information to USSS ona
local and headquarters level mustbe made by the FBI whenever an
individual threatens, assaults, kills or
attempts to kill captioned
individuals. See 892.l9 for additional information.
9! In conjunction with !_and 8! above, the office

receiving instant threats must promptly notify the nearest office of
the USSS and the USMS office covering the victim's location. The
notification teletype to FBIHQ should specifically set forth the
details of the notification made locally
by the FBI and the USHS and
the USSS.
0! Based on an agreement between FBIHQ and the DOJ,

FBIHQ has agreed to promptly notify
the Deputy Assistant Attorney
General, Criminal Division, and the Assistant Director for Legal
Services, Executive Office for United States Attorneys, DOJ,
Washington,D.C.,
whenever athreat to assault, kill or attempt to
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/Manual of Investigative Operations and Guidelines
Part I I PAGE 39 - 25
kill a USA or
AUSA is received by the FBI, or when said individuals
are actually assaulted or killed. FBIHQ will
handle dissemination of
information to the above DOI officials and the USSS and USMS
Headquarters.
EFFECTIVE: ll/23/94
89-2.16 Assaulting, Killing, or Attempting to Kill aFederal

Officer Cases
Involving U.S.
Bureau of Prisons BOP! 92
Personnel
! Based on a 10/30/52 request by the BOP Headquarters,

Washington, D.C.,
FBIHQ has agreed to disseminate on aheadquarters
level acopy of FBI reports prepared in AFO and KFOcases involving
BOP personnel.
.-! Prior to~6/9/BO, the'FBI conducted

an investigation
-of all AFOand KFO
cases involvingBOP personnel.
9292_
! Based
on a February,.l98D, Office of Planning and
Evaluation field survey of AFO cases in which it was determined that
USAs throughoutthe field were
routinely declining
prosecution of
minor and unaggravated assaults of
BOP personnel by inmates infavor
of the subject being
administratively handled by BOP authorities, the
following investigative policy was adopted bythe FBI on 6/9/80:
a! Prior to
conducting an investigation of alleged
minor and unaggravated assaults of BOP personnel by inmates, a
preliminary incident report should be obtainedfrom prison authorities
and promptlypresentedto the
USA to determine if Federal prosecution
is warranted or if the
incident should be handled by administrative
procedures available to BOPauthorities. .
b! The OO should thereafter promptly, orally advise
the local BOP authorities of
the USA's opinion
regarding prosecution
of minor
and unaggravated assaults.
If prosecutionis decfined, the
above oral dissemination should be confirmed by providing BOP
authorities locally with a copy ofthe letter to
the USA confirming
his/her declination. BOP authorities may then consider proceeding
administratively against the inmate. If an investigation is required
or
prosecution is authorized by the USA, the above
oral notification
:mA and
subsequent
-:,w-._
by investigation
the
FBI the
at facility
BOP
._e? as notice to BOP authorities to refrain from taking administrative
serve
will
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I PAGE 89
sanctions against the inmate. 1

J .
c! In order for FBIHQ to advise the BOP
Headquarters, Washington,D.C., of declination cases
in which a
prosecutive report isnot prepared, the OO shouldsubmit to FBIHQ, by
cover airtel, three
copies of the letter to the USAconfirming his/her
declination. The cover airtel
should set
forth arequest for FBIHQ to
disseminate acopy of the letter to
BOP Headquarters, Washington, D.C.
d! If investigation is
instituted and aprosecutive
report isprepared, two copies of the report should be submitted to
FBIHQ, with one copy designated for BOP Headquarters. Do not
disseminate a copy of the prosecutive report locally to
the BOP
facility involved. The facility should be advised of the final
outcome of the investigation by letter or LHM. This communication
should merely set forth the prosecutive results and not contain any
information which would identify witnesses, sources, or investigative
techniques which could be possibly compromised.
Q; EFFECTIVE: 12/19/86
89-2.17 Any Security Officer of the

Department of State
or the
Foreign Service
! Title 18, usc, Section 1114,
was amended ons/27/64
to
include any security officer of the Departmentof State
or Foreign
Service. The intention of this amendmentwas to extend-protection to
any
of the security officers engagedin protective activities under
Title 22, USC, Section 2666.
! Section 2666 defines the
above security officers as
individuals designated by the Secretary of State and authorized to
carry firearms for the purpose ofprotecting headsof foreign states,
official representatives of foreign governments, and other
distinguished visitors to the United States, the Secretaryof State,
the DeputySecretary of State official representatives of the U.S.
Government, and members of the immediate families of any such persons,
both in the United States and abroad.
EFFECTIVE: 12/19/B6
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Part I
892.l8 Nuclear Regulatory Commission NRC!

Inspectors
! On 6/30/80, Section 235 of the Atomic Energy Act of

1954 was amended to extend protection to captioned individuals who are
assaulted or killed while engaged inthe performance of such
inspection duties, or on account of the performanceof such duties.
! Based on an FBI/D0] management
decision, on 3/16/82,
Section 117
of.this manual
entitled "Atomic
Energy Act
of
1954 was
revised to transfer these violations to the 117 classification as
an
Atomic Energy Act violation.
! Investigations involving NRC Inspectors as victims

initiated after 8/16/82, are to be handled as set forth in ! above.
EFFECTIVE: 12/19/86
¥J@
892.l9
- Dissemination
of
Information
to United
States Secret Service in Assaulting aFederal Officer and Killing a
Federal Officer Cases
! Pursuant to a2/3/65 agreement between the Bureau and

the USSS,the FBI is obligated to disseminate certain types
of
information developed during AFOand KFOinvestigations to the U535,
on
both a local and headquarters level, to assist
the USSSin its
statutory protective functions.
! The notification teletype to FBIHQ should include the
completefact
situation, the identity of the USSS employee
notified,
the time and date of notification, and the identity of the FBI
employee who
made the
dissemination. FBIHQ
will handle dissemination
to USSS Headquarters.
! In regard to AFO and

KFO cases,see Part I, 175-14!
of this manual entitled "FBI/USSS Agreement
Concerning Protective
Responsibilities" andPart I, 175-14! entitled "USSS Protectees
in a
Travel Status" for the types of information to be disseminated to the
usss.
- '
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- , ._-~_,4
_Jéi
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Part I . PAGE 89 *28
89-2.20 Department of Justice Prosecutive Policy in Assaulting a

Federal Officer Cases
The USA's
Manual states, in essence, that the focus of the
DOJ's prosecutive
policy is on Federal officers and employees who
have
law enforcement duties which regularly expose them to the public, and
on staff members of Federal correctional institutions. This
protection from assaults and other forms of forcible resistance,
enables such persons to perform their required functions effectively,
and violent acts against them should be prosecuted vigorously. By
contrast, offenses against other types of Federal employeesshould be
referred to alocal prosecutor unless the offense is particularly
aggravated orthere
are other unusualcircumstances present
justifying
Federal action.
EFFECTIVE: 12/19/86
W2 892.2lCharacter "
"' ! Assaulting or Attempting to Kill aFederal Officer
AFO! ~F
! Killing aFederal Officer KFO!
EFFECTIVE: 12/19/86
I 892.22 Subclassificationi
See MAOP,Part II, 3-1.1, "FBI Classifications and
| Subdivided Classifications."
EFFECTIVE: 10/18/95
_'?r_.
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;-EIA.!
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"Manual of Investigative Operations and Guidelines
Part
I PAGE 89 29
89"2.23 Venue l
Venue will be in the judicial district where the assault,
killing or
attempt to kill occurred. Title 18, USC,Section 3236,
provides that the crime of_murderis
committed at the place wherethe
injury was inflicted, the poison administered, or
other means -
employed, which
caused thedeath of the victim, without regard to the
place where the death occurred.
EFFECTIVE; 12/19/36
892.24 Office of Origin
In AFO or KFO violations, the O0 shall

be the office in
whoseterritory
the assault, killing or
attempt to kill occurred.
; p EFFECTIVE: 12/19/86
89-2.25 Copies of Prosecutive Reports to FBIHQ
Two copies in
both AFO and KFO cases.
EFFECTIVE: 12/19/86
89-3 CONGRESSIONAL, CABINET, AND

SUPREME
counr
ASSASSINATION,
KIDNAPING, AND
ASSAULT CCSCAKA!
EFFECTIVE: 12/19/86
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....__.
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r Manual of
Guidelines
Part I PAGE 89
89f3.l . Background
l! Prior to 1/2/71, there were no specific Federal
statutes covering the killing, kidnaping, or assaulting of aMemberof
Congress
or aMember-of-Congresselect,
or attempting
or conspiring
to
kill or kidnap such
persons. Federalprosecution ofthe abovecrimes
had to be prosecutedunder
one of
the general Federalcriminal
statutes, ifapplicable, or referred to local
authorities for
prosecution.
! On 1/2/71, the Omnibus CrimeControl Act of 1970,
Public Law 9164, was enacted into law. Title
IV of
this Act
provided thefollowing protectionfor
Members of Congress, by anew
statute, Title 18, USC,Section351,
the Congressional Assassination
Statute CAS!,and amended the Authorizationfor
Interception ofWire
or Oral Communications Statute,
Title
18, USC, Section2516.
! The CAS, Section 351, madeit a Federal offense to
kill,
kidnap, assault, attempt
to
kill or kidnap,or
conspire to kill
or
kidnap any
Member of
Congressor MemberrofCongress-elect.
The
above amendment
to Section 2516 added
CAS as one of
the statutory
offenses whichcould
be investigated by
use of
properly authorized
interceptionsof
wire or oral communications, when
such interceptions
may provide evidence of
these violations.
! On 10/6/82, Title 18, USC,Sections 351and 1751
were
amended under
Public Law97-285to
provide penalties for crimes
against Cabinet
officers, Supreme
Court Justices
and
Presidential
staff members, and "for other purposes." 1
! The CAS wasamended bythe above Public Law to
include the assassination, kidnaping,assault, attempts to kill or
kidnap, and
conspiracies to
kill or
kidnap the head
or his/hersecond
in command
of adepartment in the executive branchof the Government
listed underTitle 5, USC, Section
101,
or an individualnominated to
be theheadof adepartmentduring thependency of
his/her nomination;
the Director of
Central Intelligence or an
individual nominatedto
be
Director during
the pendency
of
his/her nomination;
and
U.S. Supreme o
Court
Justices, or individuals so
nominated during the pendencyof
their nominations.
! Under the 10/6/82 CAS amendment

referred to above,
the Governmentneed notprove that the subject knewthat
the victim
was anindividual protected under this statute, and it also
provides
for
extraterritorial jurisdiction.
6?
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_ /
.1-c:.--1=wi-l;.;-;.=.¢~.:..@--.-as-.---»_=1-.~=;-.»¢.1;¢£Lam.-_.-....>..»s¢..;s_u....-.._i.;..._r.....=-.<-mes._.....-_.,.-..-..,._,..i..
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'- Manual of
Part I PAGE 89
! As aresult of
the 10/6/32 amendment, the CAS was
retitled as the Congressional, Cabinet, and Supreme Court
Assassination, Kidnaping, and Assault CCSCAKA! Statute and isthe
current statute under which the FBI has investigative jurisdiction.
* 8! Public Law 97-285 also amended Section2516 to
include CCSCAKAviolations as
one of
the offenses which could be
investigated by use of
properly authorized interceptions of wire
or
oral
communications, when suchinterceptions may provide evidence of
these
violations.
EFFECTIVE: 12/19/86
89"3.2 Statute and Penalties
! Set forth below in its entirety isthe CCSCAKA

Statute, Title 18, USC, Section 351.
f " a! Whoever kills any individual who is a Memberof

Congress
or
a Hemberof-Congress-elect,
member
a of
the executive
branch
of the Governmentwho
is the head, or a person nominatedto be
headduring
the pendency
of
such nomination, ofadepartmentlisted in
section 101 of title 5 or the second ranking
official in
such
department, theDirector ora personnominated beto Directorduring
the pendencyof
such nomination! or Deputy Directorof
Central
Intelligence,|a major
Presidential orVice Presidential
candidate as
defined in section 3056of
this title!,|or aJustice ofthe United
States, as
defined insection 451 of title
28, or aperson nominated
to be Justice of the United States, during the pendencyof
such
nomination, shall be punishedas
provided by section 1111
and 1112of
this title.
" b! Whoever kidnaps an individual designated in

subsection a! ofthis section shall be
punished ! by imprisonment
for any term ofyears or for life,
or ! by death orimprisonment for
any termof years or for life, ifdeath results to such individual.
i " c! Whoever attemptsto kill or kidnap any individual
designated in subsection a! of this section shall be punishedby
imprisonment for any term of years or for
life.
" d! Iftwo or more persons conspire to kill or kidnap
."'1 any
individual designatedin
subsection a! of this
section and oneor
more of such persons do
any act to effect the object of the
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£92 Q Sensitive
~Manual of Investigative Operations and Guidelines
Part IPAGE 89 " 32
conspiracy, each shall be punished ! by imprisonmentfor
any termof
years or for life, or ! by deathor imprisonment for
any termof
years or for life, ifdeath results to such individual.
" e! Whoever assaults any person designated in subsection
a! of
this section shall be fined not morethan $5,000,or imprisoned
not morethan
one year, or both; and ifpersonal injury results, shall
$10,000, or imprisoned for
not more than ten
years, or both. '
1 " f! IfFederal investigative or prosecutive jurisdiction
is asserted for aviolation of
this section, such assertion shall
suspend the
exercise ofjurisdiction by aState or local authority,
under anyapplicable Stateor local law, until Federal actionis
terminated.
" g! Violations ofthis section shall be investigated by

the Federal Bureau of Investigation. Assistance may berequestedfrom
any Federal,
State, orlocal agency,including theArmy, Navy,
and Air
Iup Force, any
statute, rule, or
regulation to the contrary
l" notwithstanding.
" h! In aprosecution for an offense under
this section
the Government
need notprove thatthe defendant
knew thatthe victim
I of the offense
was an|individual|protected
by thissection.
" i! There is extraterritorial jurisdiction over the
conduct prohibited by this section."
! Section 35l a! provides for
punishment as provided by
Sections 1111and 1112. Title 18, USC, Section1111, is the Murder
Statute, andTitle
18, USC, Section
1112, is the
Manslaughter Statute.
See 89-2.2 for their text,
definitions, and penalties.
EFFECTIVE: 06/18/87
.- K-
27'
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_
l_,§ ' Sensitive

e Manual of
Investigative Operations and Guidelines p
Part I PAGE 89- 33
89-3.3 Elements
! The elements of
the CCSCAKA Statute
are summarizedas
follows:
a! That the defendant killed or

kidnaped an
individual designated in
Section 351 a!.
p b! That thedefendant assaulted
an individual
designated in
Section 35l a!.
c! That the defendant attempted to kill or
kidnap
an
individual designated in Section 35l a!.
d!- That two or more
persons conspired to kill or
kidnapan
individual designated in
Section 35l a!and one
or more
of
the personsdid an
act to
effect the object of
the conspiracy.
! In regard to ! c! above, the following DOJ opinion
" pertaining to the identical element under
the
Presidential and
1 K i Presidential
Staff
Assassination,
Kidnaping,
and
Assault PPSAKA!
~-1 Statute, Title 18,USC, Section 1751see Part I, 175-2
of this
manual
entitled "Statute and Penalties"!, should benoted andfollowed under
the CCSCAKA
Statute, Title 18, USC, Section 351.
a! Under the PPSAKA Statute, the DOJ hasruled that
when anindividual acting alone threatens to kidnap or kill a
protected individual
and commits
asufficient overt actto carryout
the threat, suchas purchasing aweapon, such anact constitutes an
attempt to kill or kidnap within the meaningof the PPSAKA Statute.
See PartI, 175-3 ofthis manual entitled "Elements"for
complete
details.
b! The DOJ hasadvised FBIHQthat this opinion

regarding the
PPSAKA Statute
also appliesto
the identical element
within the meaning of the CCSCAKA
Statute.
"! In regard to ! d! above, the following DOJopinion
pertaining tothe identicalelement under
the PPSAKA
Statuteshould
be
noted and
followed under
the CCSCAKA Statute.
a! Under the PPSAKAStatute, the D01 has ruled that
the FBI has the authority to investigate acredible allegation of a
_conspiracy to kill or kidnap
aprotectedindividualeven
though the
{ii}? allegation
does
notinclude
' .1
information
AW furtherance
any an regarding
overt
act
in of
the conspiracy. .
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_a Manual of
Part I . PAGE 89 - 3Q
b! The DOJ hasadvised FBIHQ

that this hpihihh
regarding thePPSAKA Statute
also appliesto the identical element
- within the meaning of
the CCSCAKA Statute.
! It should benoted that Section 35l h! does not

require that the subjectknew
the victim wasan individualprotected
under this statute.
! Furthermore, the CCSCAKA

Statute does not require
that the criminal act occur while
the protected individual is engaged
in or on account of
the performanceof
his/her official duties.
EFFECTIVE: 12/19/86
89-3.4 Definitions
Q,,the! U.S. Senate

or House
of
Member
of
Congress
One
whoacomponent
is part
Representatives. The D01
of
is of
the
~ opinion that in addition toU.S. Senatorsand Representatives,
delegates orrepresentatives
of
special geographical divisions
who are
extended theprivileges of
membership, such asthe Resident
Commissioner from Puerto Rico, are protected under
this statute. The
DOJ hasalso advised that in their opinion, the Vice President would
be classified as aMember of
Congress under
this statute; however,
prosecutions for
any violationinvolving
him/her as avictim should be
pursued under
Title 18, USC,Section1751,
the PPSAKA Statute,
so as
to allow use of
its more
liberal assault andreward provisions.
! Memberof-Congress-Elect One who hasbeen certified
by theusualstate
or local certifyingofficial
as having been
elected
to one of
the offices
described above. This term doesnot include a
U.S. Senatorappointed underthe 17th
Amendment and whilepending
entry to office.
! Head, Second RankingOfficial, or Person Nominatedto
be HeadTitle 5, USC,Section 101, identifies captioned individuals
in
part by setting forth
the 13
executive departments which
are
referred to under Section 351 a!. These Departments areState,
Treasury,
Defense, Justice, Interior, Agriculture, Commerce,
Labor,
Health and Human
Services, Housing andUrban Development,
Transportation, Energy, and Education.
¬:,§ ! DirectorCentral
of Intelligence
DCI!The
- is
DCI
Sensitive
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imj? Sensitive
/Manual of Investigative Operations and Guidelines
Part IPAGE 89 - 35
the primaryadvisor to the Presidentand theNational SecurityCouncil
on national foreign intelligence matters., To discharge this and other
assigned duties,
the Directorof the Central Intelligence
Agency CIA!
is also the DCI and
the head of the Intelligence Community. The
Intelligence Community
consists of the CIA, the National Security
Agency, theDefense Intelligence Agency, certainoffices within the
. Departmentof Defense,the Bureau of Intelligence and Research of the
Department ofState, the intelligence
elements of the military
services, the FBI, and the Departments of Treasury and Energy.
! Posse
Comitatus - The common law
definition is
individuals whomay besummoned the
by sheriff to assist in preserving
the public peace orin executinga legal precept thatis forcibly
opposed. Title 18, USC, Section 1385,
which is commonly referred to
as
the Posse Comitatus
Statute, prohibits the use of the military as a
posse comitatus
or otherwise
to
execute the lawsunless
expressly
authorized by
the Constitution
or Actof Congress.Section 351 g!
specifically removes this prohibition.
" 1! Extraterritorial Jurisdiction
r Thisterm describes
'
the legal authorityto
cause an investigationto beconducted and
'- subsequently
prosecute_a subject
in the United States
for aviolation
of Federal law whichwas committed
by him/her outside the territorial
jurisdiction of the UnitedStates. Section351 i! specificallygrants
extraterritorial jurisdiction for CCSCAKAviolations. As apractical
matter, these situations will present immense investigative
difficulties and may requireextradition of the subjectto the United
States. The DOJ haselected not to furnish investigative and
prosecutive guidelines
in this area. Eachcase willbe considered
. individually upon receiptof the facts andthe results of acontract
with
appropriate foreign authorities regarding whataction
and
assistance will be provided to the United States.
EFFECTIVE: 12/19/86
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aManual of
Investigative Operations and Guidelinesi
Part I PAGE 89,- 36
89-3.5 Comments and Clarification Regarding the Congressional,
Cabinet and Supreme Court Assassination,
Kidnaping, and
Assault Statute
! This statute covers assassinating, kidnaping,

assaulting, attempts to
kill or kidnap, and conspiraciesto kill or
kidnap. It does
not include merethreats madeby a subject against
those
individuals protected underSection 35l a! unless the threat is
to kill orkidnap and
the individual who made the threat commits a
sufficient overt act in furtherance ofcarrying it out. See 89-3.3
and 89-3.6 for
further details.
! The term
"kidnap" as used in this statute, merely
means "carryingaway" thevictim, and interstate transportation is not
required. In addition, investigationcan beinstituted immediately
since the
"24 hour presumptiverule" utilized in the Federal Kidnaping
Statute does not apply under Section 35l b!.
_! Section 351 e!does notdefine the term assault. See
-" 89"2.3 for
the definition of
assault under the AFO Statute. This
K S definitionis
also utilized under
the CCSCAKA
Statute.
! Section 35l e! divides assaults into two categories:
those that result
in personal injury and all others. The personal
injury sufferedmust occur
to individualsenumerated.under Section
351 a!.
! The assault penalties under Section35l e! makeno

provision for aggravated assaultsin
which adeadly or dangerous
weapon isutilized. The penalty for assault notresulting in personal
injury is a$5,000 fine and/or
not more thanone year's
confinement.
If-the assailant uses adeadly or dangerous weapon, however,
consideration shouldbe given to prosecution under Section351 c!,
attempt tokill, even though theintended victimwas notpersonally
injured. Thepenalty foran attempt
to kill
under Section 351 c!
is
any term of years
or for life.
! The conspiracy provisions of
Section 35l d! are
limited to two objectives, killing or
kidnaping, and donot include
the objective of
assault. In aconspiracy situation involving an
assault objective, prosecution mustbe hadunder Title 18, USC,
Section 371, with Section 35l e!, the assault provision, as the
underlying charge.
2'
K,
_- !Section
is asserted,
IfFederal
35l f!
investigative
or
prosecutive
suspends local
jurisdiction
jurisdictionfor
the same
.__ .U
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C Sensitive

Part I . PAGE 89
offense until
Federal action is terminated. However, it does
not
prevent localauthorities fromcooperating withthe FBIduring our
investigation. Conflicts of jurisdiction resulting from the
commission of an independentlocal offense, such as assaulting astate
official incidental to aCCSCAKA
violation, are to be resolved ona
caserbyrcase basis.
8! The death penaltyprovisions of Section 35l b! and
35l d! are invalid based on a1972 Supreme-Court decision, Furman v.
Georgia, whichrequired strict statutory standards for its
application.
EFFECTIVE: 12/19/86
89-3.6 Comments and Clarification Regarding ThreatsMade to

Protected Individuals See MIOG,
Part I,39-3.8 !&
89-3. 10 !.!
F
I ! As noted in 89~3.5, merethreats madeby asubject to
K-. aprotected individual donot constituteaviolation of the CCSCAKA
Statute unless the threat is to kill or kidnap andthe individual who
made saidthreat commitsasufficient overt act in furtherance of the
threat.
! It should benoted that if captioned threats do not

constitute an attempt to kill or kidnap underthe CCSCAKA Statute,
they must
be furtheranalyzed to
determine ifthey constitute
some
other federal or local violation upon which investigative or referral
action should be taken by
the FBI. |Most of the individuals protected
under theCCSCAKA Statute are alsoprotected concerningthreats!
under Title 18, USC,Section 115. See HIOG,
Part I,892.2 for
complete details.Forthose
individuals protected underthe CCSCAKA
statute but not coveredunderTitle
18, USC, Section115, additional
analysis of existing statutes may be required:
| a!lIf the threat, coupled with an overt act,
involves aconspiracy to assault rather than to kill or kidnap a
protected individual,FBI jurisdiction will be under thefederal
Conspiracy Statute,
Title 18, USC Section 371, withthe assault
provisions ofthe CCSCAKA
Statute, Section
35l e!, as the underlying
charge.
x I | b!|If the threat involvesaconspiracy without an

¬.1. ":1f overt act againstaprotected individual, FBI jurisdiction will
lie
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Part I PAGE 89
under theConspiracy
to
Impede or Injure an Officer CIO! Statute,
Title 18, USC, Section372.
See 89-4 for complete details.
| c!]If the threat is conveyed by
the U.S.
mail or
interstate telephone call, FBI jurisdiction will be under the
corresponding federal
Extortion Statute.See Part
I,Section 9of
this manual entitled "Extortion" for complete details.
[ d!|If the threat is made by
telephone withinthe
District of Columbia orin interstate commerce
and
does not meet the
criteria of the federalExtortion Statute,Title
18 USC, Section
875,
it mayconstitute aviolation of the InterstateObscene Harassing
or
Telephone Calls
Statute, Title47, USC, Section223.
See Part I,
Section 178of this manual
entitled "Interstate Obscene
or Harassing
Telephone Calls"for completedetails. -
| e![Title 1s, usc, Section2as b!! entitled
"Federally Protected
Activities" shouldbe considered
as apossible
basis
for afederal violation and FBI jurisdiction. See PartI,
Section*44*1.5 of this manual for complete details.
c; |!|If the 00 is in doubt
whether captioned threats
constitute afederal violation underthe FBI's
jurisdiction, the fact
situation shouldbe promptlypresented toan
appropriate AUSA fora
legal
opinion regarding thisissue and
whether an
investigation or
"preliminary inquiry"
should be
conductedaccordance
in the
withAG's
Guidelines governing such procedures. -
|!|In the absence ofFBI jurisdiction,if it is

determined thatafederal violation under the investigative
jurisdiction ofanother federal
agency exists,
thecase
should be
referred to that
agency.
|!|In the absence ofafederal violation, information

received regarding
threats should
be referredto local authoritiesas
they may constitute a local
offense.
|!|Details regardingpresentation of
threat matters
to
an AUSA
for alegal opinion, or theirlreferral to another federal
agency or
local authorities
for handling,
should be
set forthin the
notification teletype to
FBIHQ. _
|!|The office
developing the information
regarding
captioned threats
must promptly
notify the
intended victim
if he/she
is
located within its territory or request the appropriate office
to
make
the notification. The intended victimshould alsobe advisedof
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Part I PAGE 89
what investigativeor referral action is being taken. The above
dissemination requested
or dissemination
should be
set forth in the
notification teletype to FBIHQ.
EFFECTIVE: 11/23/94
89-3.? Threat Assessments

! In cases involvingaCCSCAKA
threat receivedby a
victim, theFBI may
be requested
by theagency responsible
for
protecting thevictim for an assessment
of it.
! See 89*2.8. Theinstructions set forth also apply to
CCSCAKA matters
and shouldbe followed accordingly.
EFFECTIVE: 12/19786
893.8 FBI VersusUnited

States Secret Service
Jurisdiction
! The following distinctionsbetween the
CCSCAKA
Statute and
the PPSAKA
Statute regarding
FBI and
USSS jurisdiction
should
be noted.
! The FBI hasinvestigative jurisdictionover actual

violations of both
the above statutes.
! Individuals protected under
the PPSAKA
Statute, other
than Presidential
and VicePresidential staff
members, also
are USSS
protectees under
the SecretService Powers
Statute, Title18, USC,
Section 3056. Threats made
against the
above USSS
protectees not
constitutingaPPSAKAviolation should
be referredto andinvestigated
by theUSSS undertheir
Threats Against the President andSuccessors
to thePresidency Statute,
871. See PartI,
175-9 ofthis manual
entitled "FBIVersus United
States Secret
Service
Jurisdiction" for complete details.
! 'Individua1s
protected under
the
CCSCAKAStatute are
not USSS
protectees. Threats
made against
these individuals
which do
not constitute
a CCSCAKA
or other
Federal violationunder
the FBIs
jurisdiction should
not bereferred to
the USSS.
See 39-3.6
for
complete details
regarding FBI
policy inthis
area. See 89-3.13
for
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Part I of
PAGE 89
- 40
FBI dissemination requirements in this area.
EFFECTIVE: 12/19/86
893.9 Congressional Candidates

I! |A1though|Title USC,
18, Section
35l a!, provides
protection Members
to of
Congress and Members-of-Congresselect,
it
does not
includethose
individuals who are candidates for|Congress.
Therefore,|the CCSCAKA
Statute isnotlapplicable for
establishing
investigative jurisdictionin assassinations,
kidnaping, assaults,
or
threats concerning
Congressional candidates.|
! It should benoted, however,
that the FBI may
have
overthreats
and assaults involving
Congressional candidates
under
other federal
statutes ifthe
I - instructions,
to Part
I, Section
refer
9 entitled
"Extortion";
appropriate elements
¬Section 44-1.5; and
I, Par
are present.For complete
Part I, Section 56
details and
entitled "ElectionLaws,"
of
this manual. .
EFFECTIVE: 11/23/9a
' 89-3.10Notification toFBIHQ

in
Congressional,Cabinet,and
Supreme CourtAssassination, Kidnaping,
and Assault
Cases
l! In all threatenedor actual CCSCAKA violations,
dependingthe
onurgency
of thesituation, FBIHQ
should be
promptly
notified bytelephone. Telephone
notification to FBIHQ must
be
promptly confirmed
by teletype.
FBIHQ should
alsobe
advisedof
all
subsequent major
investigative developments
by
summaryteletype. The
teletype reporting
asubject's
apprehension should
include statement
a
as to
whether or not the subjectadmitted theviolation.
! In cases involvinga threat tocommit aCCSCAKA
violation, the teletype notificationto FBIHQ
must setforth
the
complete details
of thethreat and
its means
of
conveyance.See
89-3.6, 89-3.13, and 89-3.14for
further requirements.
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92;; Sensitive
'
PartIPAGE 89 - 41
EFFECTIVE: 12/19/86'
89-3.11 Investigative Procedures

! The investigative procedures to follow inthreatened
and actualCCSCAKA violations
are similar to thoseutilized in
threatened andactual KFO
and AFOviolations. Referto 89-2.11 for
details. A
!' assassination
In cases
underTitle
18, USC, Section
351, referto B9-3.12
as tothe assistance
that
Armed Forces Institute
of Pathology will render upon request.
.! As
noted in 893.1, Public Law97285 amendedthe
Authorization forInterception ofWire orOral Communications
Statute,
Title 18, USC, Section2516,to
include CCSCAKA violations
as
offenses
that canbe investigatedby
use of properlyauthorized interceptions
CL of
wireoral
or communications.
EFFECTIVE: 12/19/86
89-3.12 AgreementBetween the

FBI andthe Armed
Forces Institute
of Pathology AFIP!
On 8/19/76,the AFIP
and the.FBI enteredinto the
following selfexplanatory
Memorandum
Agreement
of Presidential
in and
Congressional Assassination matters:
' "1. PARTIES: The
parties to this agreementare the Armed
Forces Instituteof Pathology AFIP! andthe FederalBureau of
Investigation FBI!. I-
."2. PURPOSE: This
agreement established
procedures and
assigns responsibilities
for providing
AFIP
medical investigation
expertise
to the FBI
upon request
in theevent of
the traumatic
or
unexpected death
of the President ofthe UnitedStates, the
Vice"President, aMemberof Congress,or certain other
persons
designated in 18 USC1751 and18 USC
351.
__ "3. AUTHORITY:
general
The authority
for this
TI, interdepartmental
support agreement
is 31USC 686;
the specific
.§ authorities
for the
support services
to
be provided_are
USC18
1751 i!
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92~W .... I.. _.. ._. ,
92_M? Sensitive
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Part I PAGE 89
- 42
and 18 USC 351 g!.
"4. RESPONSIBILITIES OF THE AFIP:
" a! To maintain acurrent contingency plan for

providing medical
investigative support
to
the FBI upon
request.
" b! To designate astaff of boardrcertified
forensic pathologists
and
allied science
personnel
adequate to fulfill
the responsibilities of this agreement.
" c! To designate a liaison officer to coordinate
with the FBI in planning for and activating this agreement.
" d! To respond toan FBIrequest for assistance by
conducting
acompletemedical investigation of death forensic
autopsy! inthe eventof the traumatic orunexpected death
of oneor
more of those personsspecified in paragraph 2,above, such
investigation tobe conducted
at the AFIP ifat all possible.
L 1" e! To dispatch
designated members
of the
AFIP
~l staff
to the sceneof deathto obtain information relevantto
the
medical investigation
and toaccompany remains
the on
return tothe
AFIP. .
_" f! To assume
custody and
control ofall medical
records andbiological substancespertinent to the medical
investigation of death.
" g! To provide-the FBIwith a final
report of the
medical.investigation ofdeath andwith such
progress reports asare
appropriate pending
the finalreport, with
the FBI
to bethe sole
recipient of these reports.
" h! To advance suchfunds
as are necessary for
current operations
in theevent
it becomes necessary
to activatethis
agreement. I
"5. RESPONSIBILITIES OF THE FBI:
" a! To designatealiaison officer to coordinate

with the AFIP in planning for and activating this agreement.
_m_ " b! To review
onan
annualbasis the
AFIP
l 1 contingency
lFBI.
for providing
medical
plan investigation
support
the to _
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Manualof
Part I PAGE -39
43
" c! To assert federal investigative jurisdiction

under 18
USC, 1751orh!18USC 351in
the
g! event itbecomes
necessary to
activate this agreement.
" d! To officially request the AFIPto
conduct a
complete medical
investigation death
of forensic
autopsy! the
in
eventof
the traumatic orunexpected death
of oneor moreof
those
persons namedin paragraph 2, above.
" e! To obtain release of
remains to
the AFIP from
the custody
of localauthorities formedical investigation
pursuant
to
this agreement
by whatever
legalmeans
are deemed necessary
and
expedient.
" f! To instruct the FBI SpecialAgent inCharge at
the scene ofdeath toassist theAFIP staffwith
local travel
arrangements to
andprovideaccessto
the scene ofdeath.
4' ." expedite
g!
?necessaryto
cg the
Tomedical
obtain
special=mission when deeme
investigation death.
of
aircra
" h! To assignaSpecial Agent
to attend themedical
investigation death
of to
receive and
retain custody
of physical
evidence obtained during
the investigation.
" i! To receivefrom
the AFIP thefinal report of
the medical
investigation
of deathaswell
as any progress
reports
provided and
to takeresponsibility all
for
further dissemination
of
such reports.
'" j!reimburse
To the
AFIP forall funds advanced
for currentoperations
in
the eventitbecomes
necessary
to
activate
this agreement.
" k! To advise theUnited StatesSecret Serviceof
the existence
of this agreement the
andAFIP
contingency plan
and to
effect whatever coordination is necessary withthat agency.
"6. GEOGRAPHIC
LIMITATION: The
jurisdictional authority
of
the FBIis
limited to the United States,
its territories and
possessions.This
agreement is similarly limited.
,_| "7. TERM:
This agreement
shall become
effective when
:T< executed
by representatives
_W3» annuallythe
and shall both
remaineffect
in until parties.
It
revoked shall
byof
be
official reviewed
action
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._ ._.,._. ._...92.....|;..._1-.z.'-..l;..,s:;.-...;..a;-.;.
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» Manual
Part I of
PAGE 89
-44
of
either party communicated to the other.
"8. SIGNATURES:
" a! For the AFIP: ELGIN c.COWART, 3/19/76

CAPTAIN, MEDICALCORPS,
u.s. NAVY
" b! For the FBI: The Director

CLARENCE H.KELLEY, 8/10/76
Director"
EFFECTIVE: 12/19/86
89-3.13 Dissemination to UnitedStates SecretServicein

Congressional, Cabinet,
and Supreme
Court Assassination,
Kidnaping, and Assault Cases
f! Pursuantthe
to 2/3/65
agreement between
the Bureau
*c and the USSS,
the FBIis obligatedto disseminate
certain typesof
information developed
during CCSCAKA
investigations to the USSS,_on
both alocal and headquarters
level, to
assist the USSSin its
statutory protective functions. -
! Since threatened and
actual CCSCAKA
violations fall
within the above agreement,
dissemination shouldbe made to USSS
on
both thelocal andheadquarters level
in the following manner:
_a! The office
developing information
the should
promptly telephonically
advise the
nearest office
of
the USSS
of
the
facts.
b! The notification teletype to FBIHQshould

include thecomplete fact
situation, theidentity of
the USSS employee
notified, the time
and date of notification, and the identity of the
FBI employee
who made
the dissemination.
FBIHQ will
handle
dissemination to USSS Headquarters.
c!_ Adissemination copy of
the above teletype
should beprovidedto
the local USSSoffice which will serve as
confirmation of
the previous
telephonic notification to them. This
"_ method
will eliminate
preparingFD-376
an LHM
and since
all pertinent
C Y:
information
notification
andwilldetails
abe
matter
of record
in the
fég aboveteletype.
Sensitive
PRINTED: 02/18/98
-.
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.
Sensitive

Part I PAGE 89
EFFECTIVE: 12/19/B6
893.l4 Disseminationto U.S.Capitol PoliceUSCP! and

Others
Involving Members of Congress
! Senate Bill S. 1976 entitled,"An
Act to Definethe
Area ofthe UnitedStates Capitol
Grounds, to
Regulate the
Use
Thereof, and
for Other
Purposes" passed
was 12/16/81
on and
enacted
into law on 12/19/81under PublicLaw 97-143.
! This Act, in essence, expands
the protective
functions of
the USCP
regarding Members
and officers
of Congress
and
their immediate
families and
provides for
the USCP
to beincluded and
protected
under
the AFO and KFO Statutes.
While the
USCPs protective
functions have
been expanded,
the FBI's
investigative responsibilities
in regard
to theAFO,
KFO, CCSCAKA Extortion
and Statutesremain
unchangedthe
with
exception
of theUSCP being
now protected
under
the
AFO and KFO Statutes.
! Section 9A a! ofthis Actprovides, inessence, that
subject to
the direction
of theCapitol Police
Board CPB!,
the USCP
is authorized
to protect,in anyarea ofthe United
States, any
Member
or officerof Congress,
as
defined in Section
431 ofthe Actof
10/26/70 Title
2, USC,
Section 60"l b!!,
and their
immediate families
if the CPB determines
such protection to be necessary ona
case-by-case basis.
! Section 9A c! authorized
the USCP,
while in
the
performance
their
of protective
duties
under
this Act, tomake arrests
without warrant
a for
any offense
against the
United States
committed
in their
presence, or forany Federal
felony,ifthey have reasonable
groundsbelieve
to that
the person
to bearrested committed
has is or
committing afelony.
! Section 9A d! providesapenalty of not more
than a
$300 fine
and/or notmore
than
one year's confinement
for anyone
who
knowingly
and
willfully obstructs, resists,
or intervenes
witha
membertheof USCP
performing
aprotectivefunctionunder
this Act.
! Asstated above, thisAct does
not affectthe FBI's
jurisdiction since
Section 9Aspecifically
e! states
that nothing
contained therein
shall
be construed imply
to thatthe protective
Sensitive
PRINTED: 02/18/98
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Manual of
,Part I
Sensitive
authority
Investigative Operationsand Guidelines
involving PAGE 89 46
granted the USCP isintendedto

supersedeany otheragency
immediate
the protection of Members
families.
and officersof Congress
andtheir
-! Based on
the above-expanded
USCP protective
duties,
|USCP
has requested
promptly theany
advise
USCP Washington|Metropolitan|Field
of potential
or actual Office| violations
CCSCAKA NMFO!|to
or
related threats
and anypotential oractual FederalExtortion Statute
violations or
related threats
involving Members
of Congress
and/or
their immediate
families which
are reported
tothe FBI. This
information will
be utilizedby theUSCP forintelligence purposes
and
to provide
the above
individuals with
any approved
protection under
the above Act.
i
I 8! [WMFO[is currently disseminatinginformation
such to
the USCP
by existing operational liaison. In order to ensure
appropriate dissemination
to theUSCP by92WMFO in atimelyfashion, all
offices must
report any
receipt ofsuch information
or theinitial
results ofany investigation
by summary
teletype toFBIHQ andWMFO
"'; within
seven calendar
days.l FBIHQ
will handle
dissemination of
Qp appropriate information
to
USSSHeadquarters.
9! In addition tothe above-required
notification tothe
lUSCP
by|WMFO|and
Headquarters
USSS FBIHQ,
by Members
when Congress
of
are
involved as victims,the officedeveloping information
the should
promptly notify
the nearest office ofthe USSS. See 89'3.13
and
ensure
in the notification
teletypeto
FBIHQthat theoffice covering
the victim's
home districtis requestedto notifyhis/her local
office
and-appropriate local
law enforcement
agencies in
the area.
EFFECTIVE: 02/16/89
89-3.15 Dissemination
to theThirteen Protected
Executive Branch
Departments
! Title 18, USC,
Section 351 a!,
extends protection
to
thehead,
second ranking official,
or theperson nominated
to behead
of the
Departments
of State,Treasury, Defense,
Justice, Interior,
Agriculture, Commerce,
Labor, Health
and Human
Services, Housing
and
Urban Development,
Transportation, Energy,
and Education.
! Whenever athreatenedor actualCCSCAKA violation or
.":_. related threatis reportedto the FBI involvingthe individualsset
{ L.forth above,the appropriate
_. I;
-,..'-;-
official within
victim'sdepartment and
i
-i.-i;.921...:-.-.-_'.¢
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Q_!§ Sensitive
'
_Manual
PartI- of Investigative
Operations and
Guidelines
lPAGE B9 - 47
the nearest
office of the USSS
must be
promptly notified
by theFBI.
! Notification to
the DepartmentDefense
of willbe
I made
by|WMFOwhich|will handle
notification to
all otherdepartments.
! In order to ensure therequired notifications are
made,
offices receiving ordeve1oping.such information
will
1includelWMFO]in
their notificationteletype toFBIHQ.
! The above teletype
or a subsequent communication
must
includeacompletephysical description
of anysubjects developed,
background data,
andaphotograph,if available.
! The notification teletype to
FBIHQ must setforth the
required dissemination
to thenearest office
of theUSSS
by theoffice
developing the
information and
include the
identity oftheUSSS
employee notified,
the timeand date
of notification
and the
identity
of the FBI employee
who made
the dissemination.
FBIHQ will
handle
dissemination to USSS
Headquarters. 1
_§ ! A dissemination
of copy
the
above teletype
should be
" provided the
to local
USSS
office which will
serve as
confirmation of
the previous
telephonic notification
to them.This method
will
eliminate preparing
an FD-376
and LHH
since allpertinent information
and notificationdetails will beamatter of recordin
the above
teletype.
EFFECTIVE: 02/16/89
89-3.16 Dissemination to Supreme

Court PoliceInvolving Supreme
Court Justices
! Under the authority

of Title 28, USC,
Section 13 f!,
the Supreme
Court has
appointed
aDeputyU.S. Marshalwho, with
the
approval of
the Chief
Justice, has
appointed andsupervises '
individualsto
serve as
SupremeCourt PoliceSCP!.
! In essence! the
SCP serve aslaw enforcement
officers
to policethe Supreme
Court building,
grounds, and
adjacent streets;
protect theChief Justice
and Associate
Justices; and
are authorized
to bear arms and to
make arrests. _
-_?@ !- Based the

on above
protective responsibilities,
ZFF ||WMFO]shouldadvise
promptly
the
SCP any
of potential
or actual
CCSCAKA
Sensitive
pPRINTED: 02/18/98
_..;....'-.-.-ii..;=;_};;-.1:.92..-.1-4..
:i*92~_:V_l-4w%J£;h:;k1l¬A-1-4'92.j-bk;IJLIIQI
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. ..~._-._... _ -
évj? Sensitive
Manual
and Guidelines PAGE"89
48
violation orrelated threats
involving Supreme
Court Justices
which
are reportedto theFBI. Thisinformation be
willutilized
by the
SCP'
for intelligence
purposes toandprovide
protection for
the above
individuals as may be required.
! 'In
order to
ensure appropriate
disseminationlto the
SCPWMFO
by atimely
in fashion,
all
offices must report
any receipt
of such
information the
or initialresults ofany investigation
by
summary teletype
to FBIHQ
and WMFO
within seven
calendar days.|
! The initial teletypeor subsequent
communication must
include complete
a physical
description any
of subject
developed,
_
background data,
andaphotograph,if available.
! See 893.l3 foradditional requirements
pertaining to
local USSS
dissemination. FBIHQ
will handle
dissemination
USSS
to
Headquarters.
'
EFFECTIVE: 02/16/89
92
893.17 Notification to CentralIntelligence Agency
! Title 18, USC,
Section 35l a!,
extends protection
to
the Director,
a person
nominated
betoDirector
during the
pendency of
such
nomination, and the
Deputy Director
of Central
Intelligence.
! The Director of
DCI! isalso
the Director
of the
Agency CIA!.
See
89*3.4!
for complete details.
! Wheneverathreatened or actual
CCSCAKA violation
or
related threat
is reported
to theFBI involving
the individuals
set
forth above,
the appropriate
office atCIA Headquarters,
Langley,
lVirginia,
must promptly
be notified
bylWMFO.|
! In orderto
ensurethe required
notification, offices
developing information
such should
promptly forward
it to FBIHQ
|and|WHFO|by
teletype suitable
for dissemination.
! The initial teletypeor subsequent
communication must
include
acomplete
physical description
of anysubject developed,
AM backgroundand
data,
aphotograph,
if available.
¬*!§ |
-a-11.1
! |WHFO,92in
addition
conducting
to required
any
Sensitive
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"Hanual of Investigative Operations and Guidelines
Part1PAGE 39 49 y
investigation, will advise theappropriate officeof CIA.
! See 89-3.13 foradditional requirements
pertaining to
local USSS dissemination.
EFFECTIVE: OZ/16/89
39-3.18 Departmentof JusticeProsecutive Policy

in Congressional,
Cabinet, and
Supreme Court
Assassination, Kidnaping
and
Assault Cases
! The USA's Manual

states that supervisory
responsibility for
captioned violations
rests withthe Criminal
Division, DOJ,
and instructs
that it be immediately
notified
telephonically when
information
isdevelopedindicating an actual
violation of the CCSCAKA
Statute or when other
unusual factorsare
involved.
i! The USAs
Manual further
states
that
D0] has retained
"~ authority to initiate prosecution under
this statute. FBIHQ will
notify theCriminal Division
immediatelyactual
of violations
of this
statute andprovide copies
of investigativereports toD01. 00
should, similarly,
promptly inform
the appropriate
USA andprovide
copies of
investigative reports.
The USAs
have been
instructed the
by
DOJ to
reviewsuch
reports so thatthey willbe ableto renderadvice
to the Criminal Divisionregarding localfactors andcircumstances
that may have abearing on the case.
! The D01 hasrequested tobe advisedif avictim
requests that
an investigation
be terminated
or investigated
solely by
alocal law enforcement agency.
h! Based on theabove DOJ
policy, the field should
promptly notify
the USA's
Office when-information
is developed
indicating an
actual violation
of theCCSCAKA Statute.
The initial
teletype toFBIHQ should
state thatthe USA
hasbeen
notified. If a
victim requests
thatan
investigation be
terminatedor investigated
solely byalocal law enforcement
agency, the
appropriate USA's
Office
and FBIHQshouldbe
promptly notified. Submitdetails, including
fact
USA wasinformed, to FBIHQby
teletype.
,j-3.
.K
Sensitive
PRINTED: U2/18/93 .
,-,,,__,_,__
__.,,_
OO
Sensitive
Manual of
and
Guidelines
Part I PAGE 89
EFFECTIVE: 02/16/89
89-3.19 Character
! Since the CCSCAKA
Statute protects
fourbroad
classes
of individuals
and covers
seven
types
of crimes committed
against
them, thepossible characters
involved arenumerous.
! AlthoughSection 351further
a! subdivides
the above
four classes
of individuals
under elected,
nominated, deputy,
and
secondcommand,
in FBIforcharacter
and management
purposes, the
|classesof individuals
follows regardless
protectedbe will
placed
intolfour|groups as
of their status withinthe group.
a! Member of Congress
b! ExecutiveDepartment Head
and Director,
CIA
11" '..
Q§ c! Supreme
Court Justice
| d! MajorPresidential Vice
or Presidential
Candidate Part
SeeI,Section 175-8
of thismanual.!|
! The
a! types ofcrimes prohibited

are asfollows:
b!
Assassination
c!
Kidnaping
d!Assault
e!Attempt to Assassinate
Attempt to Kidnap
£! Conspiracy to
Assassinate
g! Conspiracy to Kidnap
!_ In orderto
readily identify.the character,
class
of
protected individual,
and type
of prohibited
crime involved,
all
,h characters
under Section
351 will
be designated
as CCSCAKA
and be
i§; further
identified,
spé crime
inparentheses,
involvedset
by
class
of victim
asforth
andoftype
in thefollowing examples.
Sensitive
luu.'_"_._-,L4._._92.--__92.._>.-'
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Sensitive
*Manual
Part Iof Investigative Operations andGuidelines
PAGE 89
a! CCSCAKA
Member ofCongress-Assault!
b! CCSCAKA
CCSCAKA
Supreme Court
Justice Assassination!
c!
to Kidnap! Executive Department
Head Conspiracy
Conspiracy to Assassin
d!
CCSCAKA
Director, Central Intelligence Agency r
ate!
i toAssassinate!l
92 e! CCSCAKA
Major Presidential
Candidate
Attempt
-
! Based
on the abovepolicy andexamples, the
proper
character for
any given
CCSCAKAsituation
fact can
be logically
determined and
should beset
forth accordingly.
@"" EFFECTIVE:
06118/87 1
89-3.20 89 Congressional,
Cabinet, and
Supreme Court
I Assassination,lKidnapping,land
Assault Subclassifications
See HAOP,
Part I1, 3-1.1, "FBIClassifications and
1Subdivided Classificat ions."
EFFECTIVE: 10/18/95
89~3.21 Case Title

! In addition tothe subject's
name and
aliases oran
unknown subject
designation aliases,
and aCCSCAKA casetitle
should
include the
victim's
name,
full his/her
jobtitle
and agency, and the
initial date
of the threatenedor actual violation.
! Set forth below
is anexample of
aCCSCAKA
casetitle
for reference purposes
Te
ifs; RICHARD
JONES,
GENERAL,
ATTORNEY
" JOHN
.i%' DEPARTMENT
DOE;
OF JUSTICE
92
Q
Sensitive
PRINTED: 02/18/98
_.
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<Q;Q? Sensitive
Manual
Part I ofInvestigative Operationsand Guidelines PAGE -B9
52
WASHINGTON, D.C. - VICTIM
A/25/83 O
CCSCAKA EXECUTIVE
DEPARTMENT
HEAD ASSAULT!
1 00: |wnro|
EFFECTIVE: 10/16/90
39-3.22 Venue
Venue willbe in
the judicial district where the
violation
occurred. Title18, USC, Section 3236,provides that
the crime of
murder is committedtheat place where theinjury was
inflicted, the
poison administered,or other
means employed which
caused thedeathof
the victimwithout regardto theplace where the death
occurred. For
offenses committedoutside thejurisdiction ofany particular
state or
district, seeTitle 18,USC, Section 3238, entitled
"Offenses Not
Committedin Any District."
I
EFFECTIVE: 10/16/90

In CCSCAKA
violations, theOO shall
be theoffice in which
territory theviolation occurred.
See.89*3.22the
fordefinition
of
the place
where murder
a occurs
and inregard to
offenses not
committed in
any district.
EFFECTIVE: 10/16/90
89-3.24 Copies of ProsecutiveReports toFBIHQ

Three copiesto FBIHQ,one
copy of which
will be
disseminated to DOJ.
EFFECTIVE: 10/16/90
Sensitive
PRINTED: 02/18/93
.-.-1..
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L Sensitive
Manual
Part I of
and Guidelines PAGE
- 53
89
39-4 CONSPIRACY
T0 IMPEDE
on INJURE
AN OFFICER
C10!
EFFECTIVE: 10/16/90
89-A.l ]Deleted92
EFFECTIVE: 11/23/94
89'4.2 Statuteand Penalties

' Set
forth below
in its entiretyis
the C10 Statute,
Title
18, USC,Section 372.
"If two or
more persons in
any State,
Territory,
Possession,District
or conspireto prevent,
by force,
intimidation,
or
threat,any person
from accepting
or holding
any office,
trust, or
place confidence
of
duties thereof,
theunder
United
or toinducelike
States,
by means
from
or
any officer
discharging
of the
any
United
Statesleave
to theplace where
his duties
as anofficer are
required
to
be
of performed,
his
lawful to injure
or
discharge
of him
the his
in
duties person
his
of or property
office,
or on
while accounts
engaged
in the
lawful discharge_thereof,
or toinjure his
propertyas toso
molest, interrupt,
hinder, or
impede him inthe discharge
of his
official duties,
eachsuchof persons
shall
$5,000imprisoned
or more
notthan
six years,
or
both."
EFFECTIVE: 12/19/86
Sensitive_
PRINTED: 02/13/93
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Manual
Part
I ofInvestigative Operationsand Guidelines PAGE 89
54
89-4.3 Elements
If two or morepersons conspireto prevent by force,

intimidation, or threat:
! Any person from

accepting or
holding any
United
States office;
! Or from dischargingany duties thereof;

! Or induce bylike means
any United States
officer to
leave his/her required place of duty;
Q! Or injure him/her
or his/herproperty on
account of
the performance
of his/her
duties
or while engaged
in saidduties;
! Or injure
his/her property inorder
to hinder
or
impede him/her
inthe performancehis/her
of duties.
»
QT? EFFECTIVE: 12/19/as

89-4.4 Commentsand Clarification_Regarding
the Conspiracy
to
Impede orInjure an Officer Statute
! Unlike the AFO,
KFO and
CCSCAKA Statutes,
which are
restricted to
those individuals
specifically listed,
the CIO
Statute
provides protection
to anyofficer of the United
States.
! An officer of the United
States is defined as any
permanent, temporary,
full-
or parttime appointed
or elected
employee
of the Federal Government.
! The CIO Statute
deals with
conspiracy, therefore,
it
does not
apply toa subject
acting alone.
See 89-4.7
for further
details.
! The conspiracymust
be directed toward
one ofthe
objectives setforth in
the CIO Statute.
! The CIO Statute,unlike
the general Conspiracy
Statute, Title
18, USC,
Section 371,
and
the conspiracy provisions
of
w_ theCCSCAKATitle Statute,
18,
USC, Section
35l d!, does
not require
_;r an overt
act infurtherancetheofobjective;
therefore, an
L7,; appropriate
conspiracy
itself
by constitutes
a prosecutable
offense.
-4 :1
¢Y
Sensitive
PRINTED: 02/18/98
92
,
.1...s:s.:;-;._;;i=_r.:-L_v.-4.m¢;h-.s.{...g.-._:;a¢:;.-;s-ii...-4=.=_.>-.s.._.._.,.;
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9292
_L_'_-I1
' '2!
Sensitive
.VJ
Manual
and Guidelines PAGE"39
EFFECTIVE: 12/19/86
894.5 FBI Investigative Jurisdiction

The CIO
Statute, Title 18,
USC, Section 372,
does not
specifically designate
the FBI
as the
responsible investigative
agency. However,
on 12/14/77,
the DOJ
advised FBIHQ
that the
FBI has
investigative jurisdiction over theabove statute.
EFFECTIVE: 12/19/86
894.6 Notification to
FBIHQin Conspiracy
to
Impedeor
Injure an
Officer Cases
! Dependingon'the urgency
of thesituation, FBIHQ
shall be
promptly notified
by telephone
and/or teletype
of all C10
, A
cases. Telephone
notification
teletype. The
to
FBIHQ
initial teletype
must
be promptly confirmed
notification
to
FBIHQ
by
should set
forth
the complete
details of the alleged
conspiracy.addition,
In FBIHQ
should also
be advised
of all subsequent major
investigative
developmentsthese
cases
in bysummary
teletype. The teletype
reporting
asubject's
apprehensioninclude
should
astatement
as to
whether ornot the subject admittedthe violation.
! See 894.8 for other
requirements necessary
in
the
notification teletype to FBIHQ.
EFFECTIVE: 12/19/86
89-4.7 Investigative
Procedures92 Part
SeeI,89"4.4!.!|
MIOG,
! Although anovert
act in furtherance
of the
conspiracynotis required
under the
CIO Statute
in order
to
constitute prosecutable
a violation,
any such
overtact
should be
documenteditwill
sincetend to
establish
that
a conspiracy in
did,
fact,
exist.
6i '
~ .,:..
! AlthoughSection 372
requiresprohibited
a conspiracy
Sensitive
PRINTED: 02/18/98
._-1.
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Q_,? Sensitive
~Manual Part Iof.PAGE
Investigative Operations andGuidelines 89 56
involving two
or more
subjects in
order toconstitute
aviolation, if
it initially appears that
only onesubject isinvolved inthe _
prohibited action
against the
Government employee,
itis permissible
for theFBI toinstitute apreliminary inquiry
in orderto determine
if aconspiracyinvolving additional
subjects ispresent. If such
inquiry failsto develop
the required
conspiracy,the
in absence
of
any other
Federal
violation under the
FBI's jurisdiction,
the matter
should be
referred tothe appropriate
law enforcement
agency for
handling.
! If investigation determines
the subjectwas acting
alone,
Title 18, USC,
Section 245 b!entitled
l! "Federally
Protected
Activities" maybe abasis for aFederal violation andFBI
I jurisdiction.
See Part
I,Section|44l.5lof
this manual
for complete
details. -
EFFECTIVE: 01/31/94
" 89-4.8 Dissemination to

United States
Secret Service
and Other
Agencies Conspiracy
in to-Impede
or Injurean Officer
Cases '
! Although CIO violations

fall within the FBI's
investigative jurisdiction,
based a
on2/3/65
agreement between
the
USSS and
the FBIconcerning USSSs
statutory protective
responsibilities,FBI
theisob1igated.to disseminate
certain types
of
information ifdeveloped during
one ofour CIDinvestigations to
the
USSS, based
on thepremise that
it mayassistthem
in such
responsibilities.
! In regard toCID cases,see PartI,l75l4!
entitled "FBI/USSS
Agreement Concerning
Protective Responsibilities"
and 175-14! entitled "USSSProtectees ain
Travel Status" forthe
types ofinformation tobe disseminated
to theUSSS.
! Prompt dissemination ofinformation in
the above
categories USSS
to must
be
madeonalocal and headquarters
level.
! Initial dissemination to
USSS locally
is to
be made
telephonicallythe
to nearest
officeof
the USSSthe
by office
developing the information.
Qiiji ! The notification
teletype
FBIHQ
to include
must the
Sensitive
PRINTED: 02/18/98
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Manual Part Iof Investigative Operations andGuidelines PAGE 89
57
identity ofthe USSS
employee notified,
the timeand date
of
notification, and the identity of the FBI employee
who made
the
dissemination.
! Adisseminationcopy ofthe above

teletype should
be
providedthe
to local
USSS office
which will
serve as
confirmation of
the previous
telephone notification
to them.Thiswill
eliminate
preparingFD-376
an LHM
and since
all pertinent
information and
notification detailswill
be amatter of record
in the teletype.
! In addition, notificationof the conspiracy should
be
promptly made
to thevictim and
his/her Government
agency where
employed. notification
The teletype
to FBIHQ
should specifically set
forth that
notification to the victim andhis/her
Government agency
has or will be made. l
8! FBIHQ,upon receiptof the notification teletype,
will disseminate
the appropriate
information tothe victimfs
Government agency
headquartersUSSS
and Headquarters,
Washington, D.C.
*- EFFECTIVE: O6/18/87
89-4.9 Character - Conspiracy

to Impede
or Injurean Officer
c10!
EFFECTIVE: 06/13/87
89-0.10 89 Conspiracy to
Impede or
Injure an
Officer
1Subclassification
See HAOP,Part II, 3*1.l, "FBI Classifications and
I SubdividedClassifications."
EFFECTIVE: 10/13/95
&;_R 3;-
= J
'-¢.'.. -"'
I Sensitive
PRINTED: 02/18/93
l_j* Sensitive
A Manual
Part I of Investigative Operations and Guidelines
- PAGE 89 - 53
894.l1 Venue
Venue will be in the judicial district where the violation
occurred. -
EFFECTIVE: 06/18/87

In CIO violations, the O0 shall be the office in which
territory the violation occurred.
EFFECTIVE: 06/18/87
894.13 Copies of ProsecutiveReports to FBIHQ
_§ Two.
EFFECTIVE: U6/18/37
89-5 cRIMEs AGAINST FAMILY

MEMBERS FEDERAL
0F OFFICIALS
EAFM!
INFLUENCING,
IMPEDING RETALIATING
0R AGAINST
A FEDERAL
-0FFIcIALTHREATENING
BY INJURING
0RFAMILY
A HEMBER| See
M100, Part
I, 89-2.2!, 175-1!, 175-2!.!92
EFFECTIVE: 11/23/94
l 89-5.1 lDeleted|
EFFECTIVE: 11/Z3/94
92-1 IQ!
I
F .~.
.---mm
g.'.;'|'
Sensitive
PRINTED: 02/18/98
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*Manual of
Investigative Operations and Guidelines PAGE 89 - 59
Part I
89-5.2 Statute and Penalties

Set forth below in its entirety is
the Crimes Against
Family Members
of
Federal Officials Statute,
115:
.l"Influencing, impeding, retaliating

or against
a federal
official by threatening or
injuring afamily member
" a! l! Whoever-
" A!l assaults,kidnaps, ormurders, or
attempts tokidnap
or murder,or threatensto
assault, kidnap ormurderamember
immediate familyof a United States official, a United
States of
the
Federal lawenforcement officer,or an official whosekilling judge, a
I a crime under
section lllof this|title; or| would be
I |" B!|threatens to assault,

kidnap, murder
or aUnited
States official, aUnited States judge,
aFederal law enforcement
officer, or
an official whokilling wouldbeacrime under
such
section,
as with intentto impede, intimidate,|or interfere

with suchlofficial,
"- judge or law
enforcement while
officerengaged
inlthe performance|of
official duties,|orwith intentto retaliateagainst such
official,
judge, orlaw enforcement
officer onaccount
of
the performance of
official duties,lshall
be punishedas provided
in subsection
b!Q
1 |"! Whoever assaults,kidnaps, murders,
or attempts
or
to kidnapor murder
amember of
the immediate family
of anyperson who
92
formerlyservedasapersondesignatedparagraph
in
!,with intent
to retaliate against
such
person
on account of
the
performance of official duties during the term of such person, shall
be punished as provided in subsection b!.|
92
" b! ! An
'
assault in violation of this section shall be
punished
as
provided in sectionlll of this title.
II !A kidnaping orattempted kidnaping
in violation of
this sectionshall bepunished as
providedin
section 1201of this
title for the kidnaping
or attempted
kidnaping of
aperson described
insection 1201 a!! of
this title.
p "! A murder
or attempted
murder violation
in ofthis
section shallbe punished
as provided
in
sections 1111
and 1113
of
this title.
¬gfh§ '
"!
,- ,=
A threat
madeviolation
in this ofsection
shall be
Sensitive
PRINTED: 02/13/98
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92_J_Sensitive
rManualsPart Iof Investigative Operations andGuidelines PAGE -89
60
punished
byafine of notmore than
$5,000 or
imprisonmenta for
term
of not more than
five years,or both,except thatimprisonment for
a
threatened assault
shall
not exceed three
years.
" c! As used in
this section, the term--
,"! Federal law enforcement
officer means
any officer,
agent, oremployeethe
of United
States authorized
by lawor bya
Government agency
to engage
in or supervise the
prevention, detection,
investigation, or
prosecution any
of violation
of Federal
criminal
law;
"! immediate family memberof an individual means?

_" A! his spouse,
parent, brother
or sister,child
or personto whom
he standsin loco parentis; or
" B! any other personliving in his
household and
related to him by
blood or marriage;
K~- "!the United States,
United States
and includes
judge
means
any judicial officer
ajustice of theSupreme Court
anda
of
United States magistrate; and ~
"! United States official means the

President,
"Presidentrelect, Vice
President, Vice
President-elect,Member
of
a
Congress,
amember-elect
of Congress,
amember
of the executive
branch
who isthe head
of a department
listed in
5 U.S.C. 101,
or the
Director of The CentralIntelligence Agency."
EFFECTIVE: 11/23/9A
895.3 Elements
The elementsof the CAFM Statute

are summarized
as
follows:
! That the defendant

assaulted, kidnaped,
or murdered
an
individual designated inSection 115 c!.
_! That the
defendant s! attempted
to kidnap
C '
an
individual
__,__,,. If
designated
Section in ll5 c!.or murder
Sensitive
PRINTED: 02/18/98
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'1Part
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I of InvestigativeOperations and
Guidelines
' PAGE 89 - 61
! That the defendant
threatened toassault, kidnapor
murder anindividual designated in
Section 1l5 c!.
The abovecrimes mustbe committedwith the intent to
impede,
intimidate, interferewith, or retaliate againstfederal officials,
judges or
law enforcement
officers whileengaged
in
performance
of
Ntheir
officiallduties
on account
official duties.
of
or the
performance
their of
EFFECTIVE: ll/23/94
l895.4 Investigative Procedures ' "92

! The general investigativeprocedures setout
for KFO,
AFO, CCSCAKA,
CIO andPresidential and
Presidential Staff
Assassination, Kidnaping
and Assaultmatters should
be followed
in
""1 actual
or threatened
CAFM See
P Section
violations.
section
thisPartand
I,
175, of this
manual for details.
! Investigations involving Title18, USC,Section 115
should behandled under
the substantiveclassification for the
particular official
involved. In
the event
a CAFM
investigation
is
instituted solelyunder Section
115, classification89F shouldbe
utilized.
! When appropriate and,as

previously setforth in Part
I, Section 89,
of thismanual, instructions,
policies, investigative
procedures, jurisdictional
agreements FBIi.e., and
Department
theof
Treasury!, notification
to FBIHQ
and dissemination
requirements apply
in fulfilling FBI investigative
responsibilities
under
Title 18,
Section 115.
i! "Agreement Procedures"
of adopted
by theUSSS and
the
FBI will apply to procedures to
be followedin
the eventthat a
violation of law occurs
involvinga person
or persons
protected by the
I U.S. Secret Servicepursuant tolaw andwhich falls within the
of theFBI. SeePart I, Section 175,
of
this manual.
<:M_ EFFECTIVE:
12/19/36
Sensitive
PRINTED: 02/18/98
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4 . i-
_¢;l Sensitive
Guidelines
Part I PAGE 89
-62
89"5.5 Notification to FBIHQ
and Dissemination
Responsibilities
! FBIHQ should bepromptly notified of all new CAFH
cases involving
adeath or seriousinjury bytelephone and
confirmed
by
immediateteletype. Inaddition, FBIHQ
should be
advised
of all
I subsequent
major investigative
developments
summary]teletype.|
by
! In
all other CAFM
cases,
depending on the urgency of
the situation, FBIHQ should
be
promptly notified by
telephone or
teletype. Telephone
notification to FBIHQ must
be confirmed
by
immediate teletype.In addition, FBIHQ should
be
advised of all
subsequent major
investigative developments
by
summaryteletype.
f! In
CAFMcases involving
athreat, FBIHQ should
be
notified bytelephone, teletype,
or airtel dependingthe
on urgency
of
the situation. Telephone notification
to FBIHQmust bepromptly
confirmed by teletype. If such cases
involve thefamilies of
officials listed under
sections c!! of Section 115,
or the families
of FBIpersonnel, Federal
judges, USAs
or AUSAs
as potential
victims,
'
notification
v_FBIHQ
should
betomade
by telephone
teletype.
and/or
s~ ! See 39-2.19,.39-3.13and 394.8of this section and
Part I,Section 175, of this manualfor details of Bureau
responsibilities disseminate
to certain
types of
informationUSSS
to
to assist in its protective functions. _
EFFECTIVE: 06/26/91
89-5.6 Character -CrimesAgainst Family

Members CAFE!
EFFECTIVE: 06/26/91
|89-5.? Classification
For details concerning this topic, refer to Manualof
Administrative Operations
and Procedures
MAOP!, Part
II, 3-1.1
[entitled"FBI|Classifications|and Subdivided
Classifications."
Sensitive
PRINTED: U2/18/98
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;¬j? Sensitive
iiManualPart Iof Investigative Operations and
Guidelines PAGE "89
63
EFFECTIVE: 10/18/95
89-5.8 Case Title

' In
! additionto thefull name of subject s!and all
known aliases,
or anunknown subject designation,
s! CAFM
a case
should include
the fullname and
relationship the
of family
member to
the protected
individua1 s! designated
inSection115, thenamethe
of
protected individual,
his/her job
title andthe initialdate of
the
violation.
! EXAMPLEActual assault
or threat!:
JOHN DOE;
MARY E.SMITH, Daughter! -VICTIM;
JOSEPH A.
SMITH, SPECIAL
AGENTFBI
- VICTIM;
j _AFO
3 O0:
10/1/86
CAFH;
CHICAGO
! If the victimis afamily member

of a Member
of
Congress, Cabinet
Officer, Supreme
Court
Justice, or Director
of the
CIA, the character should be shownas:
CCSCAKA rCAFH
EFFECTIVE: 06/26/91
[I89-5.9 Venue
Venue
will
be governed by
the typeof violation, assault,
kidnaping, attempted
kidnaping, murder,
attempted murder,
or threat
to assault,
kidnap murder,
or as
set forth inSection l15.|
EFFECTIVE: 12/19/86
- PLZ
711 '
-I.
W
er
Sensitive
PRINTED: 02/18/98
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Sensitive
1
Manual
Part Iof
Guidelines
' PAGE 89 -
895.l0 Office of Origin
Office of Origin will be establishedinthe manner set
forth inMAOP,Part II, Section 1016.2.|
895.l1 Copies of
Prosecutive Reports to
FBIHO
Two.|
EFFECTIVE: 12/19/86
ii if I39-6 THREAT TOLIFE

PartII,
"DISSEMINATION
9-7; MIOG, Part
OF
INFORMATIONSee MAOP,
I,166-4, 175-22.1, and
179-7.!
The following
guidelines cover
theFBI's
responsibility
to warn
personsthreats
of their
to lifeor threats that may
result in
serious bodily
injury and
policy regarding
notification to
other law
of such
threats. Extracted
from
Resolution20
dated 12/16/96.
Seefootnotes
at the end
of thiscitation.! In all
instances, manner
dependingexigencies
upon ofsituation,FBIHQ
should
be advised
of details
of
such threats together
withanotificationof
action taken
or arecommendation
to
action
asto beinitiated UACB.
"III.
Guidelines
"A. Warning to the Person.
"! Expeditious Warnings toIdentifiable Persons.

Except provided
as below
in paragraph
IIIA!, whenaFederal
Law
Enforcement Agency
has information
thatapersonwho isidentified or
can be
identified through
reasonable
means
issubject to credible
threat
to his/her lifeor ofserious bodily
injury, the
Agency should
attempt expeditiously
to warn
that
person of
the nature and
extent of
the threat. '
"! Manner, Means, and

DocumentationWarning.
of
1'.
3.:.
3"
"a. The Agency may
determine the
means and
manner of
~
Sensitive
PRINTED: 02/18/98
a-.92.~92;92z:.a;;:.-
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and Guidelines
Part I~ ' .PAGE 89
the warning,
using themethod most
likely to
provide direct noticeto
the intended
victim. In some cases,
this mayrequire theassistance
ofathird party. TheAgency must
documentwriting
in inits files
the content
of
the warning, and
when and where, andby whomit was
delivered to the intended victim.
"b. An
Agency may seek
the assistance
of
another law
enforcement agency
to provide
the warning.
If this
is done, the
Agency must
document
writing
in inits filesthe notification
of
the
threat, and
when, where,
and the
nameof the
other agency's
representativewhom
to itwas delivered,
along
with the
other agency's
agreementprovide
to atimely warning.
"! Exceptions.
"a. A Federal LawEnforcement Agency
need not
attempt warn
to anintended victim
of athreatto his/her
life
or
of
serious bodily injury in the following circumstances:
" i! when providingthe
warning to the intended
victim islikely to cause equal
or greaterphysical harm
to oneor
more persons; l
" ii! whenthe intended
victimknows
the nature
and extent
of
the specific threatagainst him/her;
or
" iii! when the intended
victim is: a! a
public official
who, because
of
his/herofficial position,
is provided
a.protective detail;
b!aparticipant
inthe Witness Security-Program
that isadministered
theby
United
States Marshals
Service;
orc!
detained or
incarcerated. See
paragraph IIIB l!.
' "b.
Whenever time
and circumstances
permit, an _
Agency's
notdecision
toprovide
awarning
in theforegoing
circumstancesbe
must
approved,
at aminimum,
byaSeniorField
Manager.In2allcases,
the reasonsan
forAgency's
decision to
not
provide
awarning
must documented
be writing
in in
the Agency's
files. ' '
NOTE: This
paragraph does
not apply
to theagencies directly
responsibleproviding-the
for security
for theindividuals referred
to in paragraph IIIA!a iii!,
above,_whenthreat
the isto the
referenced individual.
In such
cases, documentation,
if any,should
be createdin accordance
with the agency procedures.
,.-1 '
,-I." . "B. Notificationto Law
Enforcement Agencies
With Protective
or
I'-11-5;
92
.11-4
Sensitive
PRINTED: 02/18/98
Sensitive

Part I PAGE 39
Custodial Jurisdiction.
" l! Expeditions Notification. WhenaFederal Law
Enforcement Agency
has information
that aperson described
above in
paragraph IIIA!a iii! is subject
to anythreat to
his/her lifeor
of seriousbodily injury,the Agency
must
expeditiously notify other
law enforcement
agencies that
have protective
or
custodial
jurisdiction.
"! Means, Manner, and
DocumentationNotification.
of
The notifying
Agency may
determine
the
means and manner
of the
notification. When providing notification,
the
notifying Agency
shall
provide much
as information
as possibleregarding threat
the andthe
credibility ofthe
threat. The notifying Agency mustdocument in
writing inits files the content
of thenotification, and
when,
where,
and to whom
it was delivered. .
"C. Notification
to Law
Enforcement Agencies
That
Have Investigative
Jurisdiction.
"! Expeditious Notification. Exceptas provided

below
in paragraph
IIIC!, whenaFederalLaw Enforcement
Agency has
information that
aperson other than
a person
described above
in
paragraph IIIA!a iii!!
who is
identified or
can be
identified
through reasonable
meanssubject
is to
a credible threat
to his/her
life or of seriousbodily injury, the Agency
should attempt
expeditiouslynotify
to other law
enforcement
agencies that
have
concerningthreat.
the l
"! Threats to Occupied
Structures
or
Conveyances. When
aFederalLaw
EnforcementAgency has
information that
astructure or
conveyance
which
can be identified
through reasonable
means is
subject
toacrediblethreatwhich could
cause
loss of life or
serious bodily
injury toits occupants,
the Agency
should provide
expeditious
jurisdiction notification
toother
concerning
the law enforcement
threat. agencies
' that have
*'
"! Means, Manner, and
DocumentationNotification.
of
The Agency
may determine
the means
and manner
of thenotification.
TheAgency
must document
writing
inin its files
the content the
of
notification, andwhen, where,
and towhom.itwas
delivered.
" h! Exceptions. A
"a. AFederal Law Enforcement

Agency need
not
attempt to
notify another
law enforcement
agency that
has '
Sensitive
PRINTED:'02/18/98
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92 £5
, Sensitive
Manual of
Guidelines
Part If PAGE 89
- 67
p investigativejurisdiction concerninga threat:
" i! when providing the notification to the
other law enforcement agency
is likely to cause equal or greater
i physical harmto
one or more persons; or
" ii! when the other law enforcement agency
knows thenature andextent of the specific threat to the
intended victim.
"b. Whenever time and circumstances permit, an

YAgency's
decision not
to provide
notification toanother law
enforcement agency
in the foregoing
circumstances must beapproved,
at a minimum, byaSenior Field Manager. In all cases, the reasons
for an agency's decision
not to provide notificationshould
be
-documented inwriting in
the Agency's files.
"IV. Rights of Third Parties.
A "Nothing inthese
guidelines isiintended tocreate, ordoes
£ " create,enforceable
an legal
right
or private right
of action.
Footnotes:
"lIf the equal or greater harm would

occur to a _
Government informant
or Agent
asaresult of his/herparticipation in
an investigation,
consideration should
be given to extricatingthat
individual from theinvestigation ortaking otherappropriate
measures in order to minimize the risk.
"2 As usedin these
guidelines, Senior Field
Manager
refers to a FederalLaw Enforcement
Agency operational
field
manager
of
the GS-15 rank
or higher,or theperson serving
in that capacity in
lhis or her absence."|
EFFECTIVE: 03/14/97
,--- --,
"P >1.
-r lilt-
i_._._._._.
Sensitive
PRINTED: 02/18/98
_..-............
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#_§ Sensitive
A ..

Part
1 _ PAGE
90 1
SECTION 90. IRREGULARITIES
IN
FEDERALPENAL
INSTITUTIONS
9O-1 STATUTES
Title 18, USC, Sections 1791 and 1792.
EFFECTIVE: O7/11/85
9O1.1 Section 1791. [Providing

orA Possessing
Contraband in
Prison
" a! Offense. A personcommits an offense if, in

violation of astatute, or aregulation, rule, or
order issued
pursuant thereto-
5, "! he provides,attempts
or provide,
to anto
*~ inmate of a aFederal penal
or correctional facility'-
i" A! afirearmor destructive
device;
" B! Any other weaponor object that maybe
used asaweapon or as a meansof facilitating escape;
" C! anarcotic drug asdefined in Section 102
of the Controlled Substances
Act 1 U.S.C. 802!;
" D! acontrolled substance, other than a
narcoticdrug,
as defined inSection 102
of the Controlled Substances
Act 1 U.S.C. 802!, or an alcoholic beverage;
" E! United92States currency; or
; F! I any otherobject; or -
"! being an inmate
of aFederal penal or
correctional facility, he makes,
possesses, procures,
or otherwise
provides himself
with,
or attempts tomake, possess,
procure, or
otherwise provide
himself with,
anything described
in paragraph
!.
:73 " b! Grading.
.-1*-5-,
An
A Fpunishable
offense
described
in
thissection is by
Sensitive
PRINTED: OZ/18/98
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égf ISensitive
Part I PAGE 90
2
"! imprisonment for not more

than ten years, a
fine
of not more
than $25,000,
or
both, if the object is anything set
forth in paragraph l! A!;
"! imprisonment for not more
than five years, a
fine of not more than
$10,000,or
both, if the object is anything set
forth in paragraph ! B! or
! C!;
"! imprisonment for not more thanone year, afine
of notmore
than $5,000, or
both, if the objectis anything
set forth
92
in paragraph
! D! or l! E!; and
"! imprisonment for not more thansix months, a
=fine of not more than
$1,000,or
both, if the object is any other
object.
1 " c! Definitions. Asused inthis section,firearm and
destructive devicehave themeaning given
those terms,respectively,
i 1in 18
u.s.c.A!!
921and
!."]
EFFECTIVE: 07/11/85
92
90-1.2 Section 1792.
|Mutiny and
Riot Prohibited
"Whoever instigates,connives, willfully attempts to
cause, assists,
or
conspires to causeany mutiny
or riot, at any
Federal penal
or correctional
facility, shall be imprisoned
not more
than ten
yearsor
fined not more
than $25,000,
or
both."|
EFFECTIVE: 07/11/85
|90-1.3 StatutoryAmendmentsonBased
the
Comprehensive Crime
Control Act of 1984 CCCA
of 84!
! The CCCA
of 84 was enacted into
law on10/12/84 and
underChapter
XI, Part H,entitled "Possession
of Contraband
In
Prison," amended
the Irregularitiesin Federal
Penal Institutions
Statutes, Title 18, USC,
Sections 1791
and 1792,
as follows:
f?11
1!
'LH§
person
any provide
to or
attemptto provide New Subsection
1791makes
to aFederalinmate, ina!!an
offense
itfor
Sensitive
PRINTED: 02/13/98
.¢..-~..~.....-.. v.,._;..¢..c92-__-.
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........._.
_Sensitive
Manual
Part Iof
Guidelines
'
PAGE 90
violation of aprison rule, regulation, or order, one of the
above-listed six classifications of objects.
! New Subsection 1791a!! makes it an offense fora
Federal inmate
to
make, possess, procure or otherwise
provide
himself/herself with
any ofthe objectsenumeratedSubsection
in
a!! or
attempt to do so.
! New Subsection 1791
b! providesdifferent grades
of
penalties, ranging
from prison
a term
of
six months a
and
fine of
$1,000, to
aprison termof
ten years and
afine of $25,000,
corresponding
thetodanger
representedthe
bydifferent
types
of
contraband involved.
! Prior to the passageofthe CCCA
of 84, bothSections
1791 and
1792 dealt
with prisoncontraband.Under
the above Act,
the contraband
offenses were
all consolidated
into Section
1791 and
were deleted
from Section
1792. Furthermore,
this Act,under
Section
1792, added
afine of
up to $25,000
to theexisting maximum
penalty of
10 yearsfor prison mutiny or riot.
92
1
92 ! It should benoted thatPart H of
this Act was
primarily designed
to remedy the following
two defects
in theabove
two statutesdealing withprison contraband.
Under the
former
languageof
Section1791, was it an
offense introduce
to contraband
into, or to moveit fromplace toplace withinaprison, but
possession,
itself,
in ofa prohibited
article was
not aviolation of
Federal law.Furthermore, bothSections 1791
and 1792 provided
a
penalty of up to10 years imprisonment without
taking into
consideration the danger represented
by thedifferenttypesof
contraband involved.
! In regard tothe seizureof contrabandby Bureau of
Prisons BOP! personnel, Part
Hof this Actadded Section 4012 to
Title 18,JU.S.Code,to
provide statutory authorityfor thesummary
seizure bythe BOPof contraband
and forits forfeiture to
the
Government. Priorto thepassageof
Section 4012, the right of BOP
personnelseize
to contrabandwas derived from thegeneral statutory
authority ofthe BOP,pursuant to
Title 18,USC, Section 4042, to
provide for
the protection
and discipline
of
inmates. Federal courts
have differedover theauthority ofBOP, under
the above
general
language,seize
to and retain contraband.
Section 4012clarifies the
authority of
BOP personnelto summarily
seize contraband
articles and
have them
forfeited to the Government.
The BOPis presently
developing administrative
procedures the
for forfeiture
of seized
contraband.|
Sensitive
PRINTED: 02/18/98
'----IIHIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIIIlllIIullu
..'."....._..<-1..
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l-..-1,..92-..- ..;-92..
AA
...._.._.-.-
;_,§ISensitive
Manual
Part I of Investigative Operations and Guidelines PAGE 90
-4
EFFECTIVE: O7/ll/85
90-2 MISCELLANEOUS
The|DepartmentJustice
of ruledon 12/11/91
that the FBI
has primary
over conspiracy
to violatethe
ERS Title18,USC,
Sections 751-757!; Conspiracy
to violate any of
-these statutes
should be
investigated under
the 90classification.|
The provisions
of Title 18,USC,
Sections 201 and 202, relating
to
bribery, should
also beconsidered investigation
in of
actswhich
may
I be in violation of|the IFPI|statutes.
EFFECTIVE: 09/07/93
I 9O-3 POLICY
! When acomplaint is receivedalleging a basic or
nonserious violationof these sections,|the field office will
determine whether
is warrantedand will
coordinate
with
the local Bureau
of Prisons BOP! facility. Whenever
acomplaintis received
alleging violations
which areserious,
sensitive, or unusual, orwould cause
notoriety in the local or
national news
media, thefield office should initiateinvestigation
promptly and
expeditiously advise
the Criminal
Investigative Division
CID!, FBIHQ,
by telephone,
followed by
acommunication
reporting the
facts
and results of any investigationinitiated. Allegations or
complaints
concerning personnel
BOP should
be expeditiously
submitted
to FBIHQby LHMand covercommunication inorder to ensure
appropriate coordination
with
BOP headquarters. Institute
investigation promptly.
|Allegations of
civil
rights violations
relating to violence motivated
by racial or religiousbias oran
illegal actunder colorof lawshould be investigated according
to
92
MIOG,Part I,Section 44 or 282, respectively.
! Cases can bepresentedtothe USA without
prior FBIHQ
authority.
! Reports of riots
or sit-down strikeswhich may
not
i T<
initially
p_g§involve
shouldan
Agents
r'-~- not violation
enterFBI
the be received
penitentiary may
from
authorities.
during
such
occurrences
and '
Sensitive
PRINTED: 02/18/98
.......i..._;-at-.._._-........- ._ -'-_V-'>h»'92;¢92,.1hi~_h;'4-_..._
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_____ 444
=.-1-_
Sensitive

Part
I PAGE
90
theyshould
in
no way
interfere withtheprison
administration
in
connection
withquelling
the riot
or the sit-down
strike. When
notified,effectiveliaison
should beset.upandFBIHQ informed
immediately. At thefirst opportunity
anAgent
should enterthe
institutionandimmediately ascertain
fromthewarden
if anyviolation
within the FBI's
jurisdiction
has occurred. Asincidents,
such as
riots or sit-downstrikes,mayresultin violationswithintheFBI's
jurisdiction,
sufficient
manpower
should
beavailable
to act
immediately if a violation is indicated.
I! Violations
of Title 21, USC,Section
844,Controlled
Substance
Act
CSA! occurringwithinfederalpenalinstitutions
will
behandled
by theFBI
under Title 18,USC,
Section
1791. Information
developed
during
CSA violations occurring
withinfederal
penal
institutions
that involvesubjects
outside
the institutions
should
be
referred to the Drug Enforcement Administration.
! INVESTIGATIONS
REGARDING
CRIMINAL
ALLEGATIONS
AGAINST
PUBLIC OFFICIALS
1 a!It isrecognized
that
during
the
course
ofan
" investigation
withinthisclassification
information
is sometimes
developed
allegingthata federal,stateorlocalofficialis in
violation
of federallaw. If thefocusof theinvestigation
continues
to bethissubstantiveclassification
and/or federalcrimes
committed
by a personwho merely
happens be a federal,state or local
to
official, "CorruptionRelated
Matter,"should
be added to
character of thecase,andit will continue
to bemanaged the
Violent Crimesand
Major OffendersProgram.If, however,
under the
the investigation
shiftsto the
abuse of his/herposition
the focus of
of trust
by
thefederal,
stateor
local officialin violation
of federal
criminal
law,
a newCorruption
of Federal
Public
Officials"
8! or
"Corruption of State
be opened within the
on
C! and Local Public Officials"
White Collar Crimes Program
94! matter should
on Deleted
Deleted
Deleted
Deleted
*1 ..... .. ,. _-.'...u;::.-._a-»:'.-.92.....si...-,_'....
'
..'._..._._. _.._._.W ll, . 7'
Ldgf Sensitive
Part I PAGE 9O
-6
"MEMORANDUMUNDERSTANDING
OF MOU!
BETWEEN THE
FEDERAL BUREAU
OF PRISONSBOP!
AND THE
FEDERAL BUREAU
OF INVESTIGATION
FBI!
ON
HOSTAGEOR
CRISIS INCIDENTS
AT
BUREAUOF PRISONS
FACILITIES
"I. PURPOSE:This Memorandum

of UnderstandingMOU! isto establish
interagency operational
policy guidelines
for FederalBureau of
Prisons BOP!
and Federal Bureauof Investigation FBI! personnelfor
the successfulresolution of hostage situationsor
criminal actions
which require FBI presenceat BOPfacilities.
"II. JURISDICTION:
"A. TheBOP has

primary responsibility
for all operations atfederal
correctional facilities during routineand emergency
operations.
"B. The FBI hasprimary investigative responsibility for all
violations of Title 18 T18!, UnitedStates CodeUSC!, Section
13
'j Crimes
onaGovernment
Reservation!
including
CGR! the jurisdiction
-5"'
Q of
as
.1defined in Section 7 Special
the United States defined!.
maritime
territorial
and jurisdiction
"C. The FBI alsohas investigativeresponsibility for criminal
activities atBOP facilities,
to includehostage situations
or similar
incidents, under
T18, USC,Sections 1791
and
1792 Irregularities in
FederalPenal
Institutions!, and T18,
USC, Section
1203 Hostage
Taking!. ,
"III. DEFINITIONS:
"As
used herein:
"A. BOPOn-Scene Commander

refers to aBOPfield commander
whom the
BOP Director
has
designated as in charge ofthe BOP
facility.
"B. FBI OnScene Commander
refers to an
FBI SAC
or SAC's
designee
who is in charge
of the FBI resources duringan operational
response by the FBI. .
"C. An
advisory response is aminimal FBI response
during which
the FBIdeploys FBIcrisis management
assets toassist/advise the
crisis response resources of the BOP. At
this level response,
an the FBI SAC
or SAC's
designee will
deploy
as the FBIs
on-scene
¬L:§- coordinator.
!
Thewill
FBI
_%j element.
deploy
not FBIan
command
and control
.-."*
p Sensitive
PRINTED: O2/13/98
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. Manual
Part I of Investigative Operations and Guidelines
PAGE 90
-7
"D. An operational response

is definedas
one during which
the FBI
deploys significant FBI crisis management resources, as
necessary, to resolve the crisis.o This level response may
consist of HRT deployment,
and/or multiple FBI field office SWAT
teams, and/or
crisis negotiation/behavioral
specialists and/or
technical personnel.An operationalresponse willalways be
accompaniedan
FBI
by SAC or
SAC's designee
and anFBI command
and control element.
"IV. ADVANCE COORDINATION: .
"A. BOP Wardens and

FBI SACs
will develop a programto exchange
each BOP
facility within afield division's
territory. This program will
include the specifics ofhow joint
operations willbe implemented,
site surveys,
appropriate interagency
training andlogistical support duringacrisis situation.
M"B. BOP FBI and crisis response will
plansbe
prepared executive
by
Q? management
'3 at
BOP facilities
personnel
FBI and
divisions
field
" addressspecific crisismanagement requirements
at eachBOP facility.
to
The crisis responseplans will reflect the terms
of this MOU
and be
periodically updated. -
"V. IMPLEMENTATION: The decisionas to whether FBI
involvement
constitutes anadvisoryor
operational response will
be dependent
on
the circumstances
of the incident,the
request from theBOP OnScene
Commanderas and
necessary, additional direction
and/or guidance
from
BOP and FBI Headquarters.
"VI. COMMAND,CONTROL AND

COORDINATION:
"A. In the eventof an
advisory response by
the FBI,
the BOP 0nScene
Commanderretain
will command
and control
of all aspects of
the crisis
response. BOP
Headquartersretain
will overall
commandcontrol
and of
the incident. The BOP
On-Scene Commander
will also coordinate with
the FBIand keepthe FBIinformed of
all developments. The FBIwill
have aperson designatedto the BOP command
post.
"1. FBI advisers may
be part
of HRT, fieldSWAT, crisis
negotiators,
behavioral specialists,
technical personnel
or other
assets as agreed
upon by
the FBISAC or
SACs designee
and BOP
On-Scene Commander.
rm
"B. In theevent an
of
operational
response the
byFBI,which will
T'*~
H the
-'
an
BOP and FBI
. '-
0n*Scene
FBI
include and
On-Scene Commanders
command
Commander
a control and
will workcooperatively toward
element
92--Q.!-
Sensitive
PRINTED: O2/18/98
-
§;ini@ jLE;jit.'Q'.m;.__._c..i-,L_.i;i.i;'.._...4..'
'
'
'
..-"'
'7"
U
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..s.-.__..... --........____.
Sensitive
Q
Part IPAGE 90
resolution of the crisis. All actions of the FBI On-Scene
Commander
will be closely coordinated
with theBOP On-Scene
Commander who
retains overall responsibility for the institution operations and
the
incident.
"1. During an FBIoperational response,

the FBIand BOP
will
immediately
formajoint command upon
post the
arrival of
FBI crisis
response resources.
"2. Once the FBIfully activates'an

operational response
at the
scene, the
FBI OnScene Commander assume
will responsibility
of all
crisis management
assets BOP
and FBI! in termsof planning for
and
executing plans
for incidentresolution. TheFBI On-Scene
Commander
will consult and coordinatewith the BOP On-Scene
Commander who
retains overall responsibility for the institution and theincident.
"3. BOP
and FBI Headquarters command centers
will establish adirect
link throughoutthe durationof
the incident toexchange information
and toaddress issues of
mutual concernas
they arise. Issues that
cannot beresolved atthe sceneof
the incident or
at the command
center levelwill be addressed headquarters
at level
by seniorBOP and
I FBI staff.
"C. TheFBI On-Scene Commander, consultation

in with
the BOP On-Scene
Commander,initiate
may an emergencyassault should there beimminent
threats tolife or of
serious injury to hostages, inmates, or law
enforcement personnel. In all other circumstances,
no
planned
tactical resolutionwill be initiated withoutprior specific approval
from
both BOP and FBI Headquarters.
"D. The FBI On-Scene
Commander will
conduct additionalcriminal
investigation following
the resolution
of
the incident, including
crime scene
investigation, ifappropriate. Debriefings ofall
officials involved are required and will be accomplished
as soonas
possible after
the resolution
of
the incident and
will becoordinated
through the
FBI On-Scene
Commander. This
requirement does
not
supersede BOPs
policy
regarding post incident
interviews and
investigation.
"VII.
TERMS OF AGREEMENT:
This MOU
will take effect
immediately
upon signature of all parties.
"For the Federal Bureau of Investigation:
Sensitive
PRINTED: 02/18/98
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Sensitive

Part I -PAGE 9O
"/s/ 10/25/96
LOUIS J. FREEH
Date
Director
"For the Federal Bureau of Prisons:
"/s/ ___1O/24/96___
KATHLEEN H.
HAWK Date
Director"
! The following MOU

was executed
for the purpose of
establishinglocal
interagency operational procedures
and guidelines
concerning the
conduct ofinvestigations ofviolations of federal
criminal statutes occurring in BOP facilities.
"MEMORANDUM
UNDERSTANDING
OF BETWEEN
THE FEDERAL
BUREAU OF
INVESTIGATIONTHE
ANDFEDERAL
BUREAU PRISONS
OF VIOLATIONS
ON OF
FEDERAL
CRIMINAL STATUTES
"I. PURPOSE:
The purpose
of this Memorandum
Understanding
of MOU!
is to establish interagency
operational procedures
and guidelinesfor
the FederalBureau ofInvestigation FBI!and theFederal Bureau
of
Prisons BOP!with regard to violations of federal criminal statutes
occurring inBOP facilities,on_BOP property or whichinvolve BOP
staff. In hostage and/orcrisis situations, this MOUis
superseded by
the separateMOU betweenthe FBIand theBOP. Inviolations ofthe
Federal Escape
andRescue
Statutes, this"MOU issuperseded by
the
separate MOU
between the
FBI, theBOP and
the United
States Marshals
Service.
"II. GOALS: It is
mutually agreed that general guidelines and
procedures should
be
established and implemented
to ensurean
efficient andeffective response
to criminalincidents which
occurin
BOP facilities, on BOP
property orwhich involveBOP staff. It is
further agreed that BOP facilities and FBI field divisions will
coordinate their efforts to develop local procedures, as appropriate,
and fully share information and theresults of their respective
investigations toassist each agency infulfilling its own missionand
responsibilities concerning violations offederal criminalstatutes
occurringator involving staffof FederalBureau of Prisons
institutions. The violations in question include,but are not limited
to, homicides or suspected homicides, unexplained or unusual
deaths,
assaults on federal officers or inmates serious or involving
weapons!, significant
destruction of
government property,
trafficking
Sensitive
PRINTED: O2/18/93
in-'|'~.-'.1'-'--1&4-41;?-Ay92.>.;t:92!;.92...'.-L
L;;.;.J_.z.......;_...L._L_.c.s_.isa.;_.»:.J.i.;;...;_.s..-.'
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t_. _ -....-'...-._...._-_.-.-..-._.
.._.,._..._.............__._._._._.
_
:g$5 Sensitive
Manual
PartIPAGE 90" 10
in contraband, and
other serious offenses.
"III. JURISDICTION:
" A!. TheBOP

has primaryresponsibility
for all operations
of a
Federalprisonfacility duringroutineandemergencysituations,as
'
well as duringinvestigations
of criminalmatters. I
" B!. TheFBI
shall assume primary
investigative responsibility
and
jurisdiction
once it has
accepted a criminalmatter
for investigation.
Coordination
will be implemented'and
maintained
with the BOPas
appropriate.
'
"IV. IMPLEMENTATION:
" A!. TheFBIandthe BOP

will
develop andexchange
information
regarding
thefacilitiesat all BOP
sites.
The information
should
be
includedbut is not limited to:
prison site surveys,appropriate
interagency
training,andoperational
support
in times
of crisis.
K~"
Ip
of
_ " B!. Alocal
contact,
operational
plan
notifications,
to
address resources,
andotherrelevant
manpower,
matters,
will
points
also be
prepared
by affected localBOP
andFBIfield officestaff in
accordance
with the
terms of this HOU.Thisplanwill be routinely
updated.
-
"v. RESPONSIBILITIES:
'" BUREAU
A!.
OF PRISONS
RESPONSIBILITIES:
" l!. Upontheoccurrence
of anyincidentthatmayinvolvea criminal
act, theBOPwill takeimmediate
actionto secure
andpreserve the
scene
of the incidentand
to identifyanywitnesses
to the incident.
"!. Upon
theoccurrence
of anyincidentinvolving
a criminalact,
the BOPwill immediately
notify the appropriatedesignated
FBI
. p
representative
of theincident.Anapparent
suicide
will betreated
as a possiblehomicide
until determined
otherwise
by a competent
authority,suchas the coroner
or medicalexaminer.Anyfurther
-
investigative
activitybythe
BOP shall-becloselycoordinated
with
the FBI so as
to appropriatelysupportthe ongoingcriminal
investigation,
while alsopursuing
administrative
actionsas
appropriate.
T-4.
"!. Upon notification,
if theFBI
does
0 investigation,the BOPwill assume
not initiateacriminal
primaryinvestigative
Sensitive
PRINTED: D2/18/98
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINNlN"INNNNNNINNNliNNNIIIIII
.-.-.-.__....._'.sc........_.
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Manual
Part I of Investigative Operations andGuidelines PAGE 9O
'
11
responsibility for
conducting and
documentinginvestigation
an of
the
incident for possible disciplinary action.
" B!. FEDERALBUREAU INVESTIGATION
OF RESPONSIBILITIES:
" l!. Upon notification bythe BOP
of
the occurrence of
an incident
that mayinvolve acriminal act, the appropriate designated
FBI
representative
will
determine whether
to
initiate an FBIcriminal
investigation ofthe incident. That determination
and notificationto
the BOPconcerning the incidentwill
be madeas
soon as feasiblebut
not greaterthan 24 hours after the BOP notificationto
the FBI. The
FBI will conduct anon-site investigation of inmate deaths. An
apparent suicidewill be treatedasapossiblehomicide until
determined otherwise
by acompetent authority such as the
coroner or
medical examiner.
"!. In those
instances in whichthe
FBI initiates a criminal
investigation, the
FBI willassume primary
investigative
responsibility forconducting and
documenting criminal
the
Q
I investigation.
~"!. In thoseinstances inwhich
the FBI initiatesacriminal
investigation, the
FBI willcoordinate investigative
activity with
the
BOP asappropriate, inorder tominimize the
disruptionto the
-
operation of
the BOPfacility. y _ i
"!. In those instances in which
the
FBI hasconducted acriminal
investigation, the
BOP is to beprovided notification
regarding the
closure of the FBI investigative file.
"VI. PROTOCOL:
It is agreed thatthe contentsof this
HOU will be
.provided both
to agencies
involved this
in agreement,
as wellas the
Executive Officeof UnitedStates Attorneys,in order
to fully
coordinate notification
procedures, points
of contactto facilitate
liaison, crimerscene
managementpreservation
and procedures,
and
development of criminal investigations.
"VII.
STANDARD PROCEDURES:
" A!. NOTIFICATION/INITIAL
REFERRAL: Upon
the
occurrence of any
incident involving acriminal act, the BOP
will immediately notify
the
appropriate designated
FBI representative
of theincident. During
the
initial contact, local BOPstaff shall provide information
and receive
W
instructions regarding immediate
efforts tosecure the
crime
scene
{.3 until
the responds.
FBI
..-
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" B!. RESPONSE: Whenacriminal case is referred to the FBI for
investigation, local FBI staff shall respond as soonas practicable
either by telephone orby an
onsite visit. Following the initial
referral, the FBI shall
determine whether to initiate an
investigation. That
determination shall be made and
communicated to
the BOP-assoon as feasible but not greater than Z4 hours after the
BOP notification to the FBI. -
" C!. INVESTIGATION:.In the event

the local FBI division initiates
an
investigation, the FBI will assumeprimary investigative
responsibility andjurisdiction. Coordination will be implemented and
maintained with the BOP as
appropriate. In cases
where the FBI
requests investigativeassistance from
the
BOP, the FBIwill convey
instructions regarding the questioning of suspects, preservation of
the crime scene or evidence, and any other pertinent instructions.
"VIII. TERMS OF AGREEMENT:
This MOUwill take effect immediately
upon signature of all parties.
"For the Federal

Bureau of
Investigation:
"/s/ - ___8/9/96___
LOUIS J. FREEH DATE
Director
"For the Federal Bureau of Prisons;
___3/23/96
KATHLEEN H.
HAWK i DATE
Director"
EFFECTIVE: 04/24/97
9O'4 CHARACTER
- IRREGULARITIES
IN FEDERAL
PENAL INSTITUTIONS
-u .*'-ii
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Manual of
and Guidelines
Part II PAGE l59.- 1
SECTION
LABOR-MANAGEMENT
159. AND DISCLOSURE
ACTREPORTING
OF l
1959 INVESTIGATIVE
MATTER!
159-1 STATUTES
I"and
Title
530.
29," '
USC,[Sections|501
c!, 503
b!, c!,504, 522, pp
EFFECTIVE: 05/28/85
159-1.1. Section 501 c!
EFFECTIVE: 05/28/85
:25'Elements
1s91.1.1 .
! " c! any person
who embezzles,
steals, orunlawfully
and willfully
abstractsconverts
or his
to ownuse, orthe useof
another, any
of themoneys, funds,
securities, property,
or other
assets aoflabor
organization which
of is
he
an officer, or
by which
heisemployed,directly or
indirectly, shall
be fined
not more
than
$10,000imprisoned
or not
formore
than five
years, both."
or
EFFECTIVE: 05/23/85
159-1.2 '
oSections 503
b! & c!
EFFECTIVE: os/2s/as
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"PAGEand Guidelines 159 - 2
.159-1.2.1 Elements
' ! h! No...employershall directly or
indirectly pay
the fineof anyofficer oremployee convicted
of anywillful violation
of this chapter. '
! " c! Any personwho willfullyviolates thissection
shall
be fined notmore than
$5,000 orimprisoned fornot
more than
one year, or both." '
! Section 503 b! alsoprohibits thepayment of
a fine
:___4__
by_a,labor4organizationwof_any"officergor_e
willful
violationof
by theDepartment
of
this
chapter.violations
Labor.
Such investigated
'
are
EFFECTIVE: 05/28/85
:ji_ 159-1.3
Section 504
'EFFECTIVE:
- 05/2a/as
159-1.3.1 Elements
! " a! No person...uho
has beenconvicted of,or
served any
part ofaprison term resulting
from hisconviction of,
robbery, bribery,
extortion, embezzlement,
grand
larceny, burglary, A
arson, violation
of
narcotics laws, murder,
rape, assault
with intent
tokill,
assault which
inflicts grievous bodily
injury, oraviolation
of subchapter
III or
IV of
thislchapter, any felony
involving abuse
or
misuse of
such person's
position oremployment a in
labororganization
or employee
benefit plan
to
seek or
obtain an illegalgain atthe
expensethe
of members
of thelabor organization
or
the beneficiaries
iof the employee
benefitplan,or
conspiracyto commit
any such
crimes
or attempt
to commit
any such
crimes, oracrime inwhich any ofthe
foregoing
crimes
is an element,
shall serveor bepermitted to
serve-
' " l! as aconsultant or adviser to
any labor
_organization, 92
A"! as anofficer, director,
trustee, member
§;¬_
of
Qégg anyexecutive
ymanager, or similar
board
governing
organizer, employee,
or
representative inbusiness
any body,
capacity of agent,
any
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labor organization,
"! as alabor relations_consultant or adviser to
a
person engaged in an industry or
activity affecting commerce,or as
an officer, director, agent, or employee
of any group orassociation
of employers
dealing withand labororganization, or
in aposition
having specificcollective bargainingauthority or direct
responsibilityin
the areaoflabor-managementrelations inany
corporation orassociation engaged
in an
industry or activity
affecting commerce, or e
."! in aposition which_gn§itlss its __m__V___mf_4_

*62Eh555E"EB'E"§H5¥E*5?"EE5"5¥BEEEas"dfI'¢&
an
officer or
executive as
or administrative
employee any
of, entitywhose activities
are in
wholeor
substantial part devotedto providing goods orservices to
any labor organization, or
' "! in any capacity, other than in
his
capacity as
a member
of such labor
organization, that
involves
decisionmaking authority
concerning, or
decisionmaking authority
over,
or custody
of, or control ofthe monies,
funds, assets,
or
property of
any labororganization, during
or for the periodof thirteenyears
after such
conviction or after the endof suchimprisonment, whichever
is
later, unless the sentencing courton the motion of
the person
convicted sets alesser period of at least threeyearsafter
such
conviction orafter the end of such imprisonment,
whichever islater,
or unlessprior to the endof suchperiod, in the
case of aperson so
convictedor
imprisoned, A! his citizenship rights, having been
revoked asaresult of such
conviction, have beenfully restored, or
B! theUnited States Parole Commission
determines that
such
person's
serviceinany capacity referred to in clauses !through ! would
not be contrary to the purposes
of this
Act. Prior to making any
such determination the Commission
shall holdan administrative
hearing
and shallgive noticeof suchproceeding by
certified mail to the
Secretary
of
Labor and toState, county,
and Federal
prosecuting
officials in the jurisdiction or
jurisdictions in which
such person
was convicted.The Commission's
determination inanysuch
proceeding
§ shallbe final. No person
shall knowingly
hire, retain,employ, or
1 otherwise
place anyother person
to servein
any capacity inviolation
of this subsection."|
! 92" b! Any person
who willfullyviolates this section
shall be fined not more than$10,000 orimprisoned fornot morethan
five years, or both."92 -
.-
! 92" c! For the purpose ofthis section-
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"! A person shall be deemedto have been '
i convictedand underthe disabilityof conviction
from the
date of
the judgment
of the trial court, regardless of
whether that
judgment
remains under appeal.
' "! Aperiod of parole shall
not be considered
as I
p partof aperiod of imprisonment."l .
92
! |" d! Whenever
any person- _
' " l! by operation of this section, has been barred
from office or other position in alabor organization asaresult ofia
conviction, and 92
___ W_g __"!w_hasWfi1ed an_appeal_ofWthat conviction,_anyu"W
__4W____4z____g
salary which
would be
otherwise due
such person
by virtueof such
office or position, shall
be placedin
escrow by the individual
employer or
organization responsiblefor payment
of such
salary.
Paymentsuch
of salary into escrow shall
continue for theduration of
the appeal
or for the periodof timeduring which
such
salary would be
otherwise due,
whichever periodis shorter. Upon thefinal reversal
of such
person's
convictionon
appeal, the amountsin escrowshall
be
' paid
to such
person. Upon
the finalsustainingsuch
of person's
Econviction on appeal,the amounts in escrowshall
be returnedto
the
92»~"l individual employeror
organization responsible forpayments ofthose
amounts. Upon final
reversal of suchpersonis conviction,such person
shall no longerbe
barred by this
statute from assumingany position
92
from which such
person was
previously barred."
! Subchapter IIIof this chapter dealswith reporting
by labororganizations, officers
and employees
of labororganizations,
and employers.
Subchapterdeals
with
IV trusteeships. Violations
of
these chaptersare investigated by Department
of Labor.
EFFECTIVE: 05/28/85
159-1.4 Section 522 .
EFFECTIVE: 05/28/85
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159-1.4.1 Elements
! " a! It shall be unlawfu1_to carry on picketing on

or about the premises of any employer for the purpose of, or as part
of any conspiracy or in furtherance of any plan or purpose for, the
personal profit or enrichmentof any individual except bona
fide -
increase in wages orother employee benefits! by taking or obtaining
any money
or other thing
of value fromsuch employer
against hiswill
or with his
consent." i'
! b! Any personwho willfully
violates this
section
§IL'_1_1 rb=-.£in_ssLI12t
sores ths2i1°,_°00r_=>r
imPri§.@e¢:>°trm=1r.§ thax
r
twenty years or both."
EFFECTIVE: 05/23/85
159-1.5 Section 530

1_
92s= EFFECTIVE: 05/28/85
159-1.5.1 Elements
! "It shall
be unlawful for any person through the use
of force or violence, or threat of the use of force or violence, to
restrain, coerce, or intimidate or attempt to restrain, coerce, or
intimidate any member ofalabor organization for the purposeof
interfering with or preventing the exercise of any right to which he
is entitled under the provisions of this chapter. Any personwho
willfully violates this section shall
be fined not morethan
$1,000 or
imprisoned fornot morethan oneyear, or both." I
EFFECTIVE: 05/28/85
159-Z BILL OF RIGHTSOF MEMBERS

OF
LABOR ORGANIZATIONS
The principal
rights to which amember of a labor
organization is entitled under the provisions of this act are set out
in Title 29, USC, Sections 411, 412, 414, and 415.
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6
EFFECTIVE: 01/31/78
159-2.1 Section 411
EFFECTIVE: 01/31/73
159-2.1.1 Bill of Rights; Constitution and Bylaws of Labor

Qrsasizstionsr .___- '* 7 c ,i '7 l_. .-
l! " a! ! Equal rights - Every member of a labor

organization shall have equal rights and privileges within such
organization to nominate candidates, to vote inelections or
referendums of the labor organization, to attend membership meetings,
and to participate in the deliberations and voting upon thebusiness
of such meetings, subject to reasonable rules and regulations in such
r"wl organization's constitution and bylaws.
92:*" "! Freedom of speech and assembly -Every member of any
labor organization shall have the right to meet and assemblefreely
with other members; and to express any views, arguments, or opinions;
and to express at meetings of the labor organization his views, upon
' candidates
in an election of the labor organization or upon
any
business properlybefore the meeting, subjectto the organization's
established and reasonable rules pertaining to the conduct of
meetings: Provided, that nothing herein shall
be construed to impair
the right of a labor organization to adopt and enforce reasonable
rules as to the responsibility of every membertoward the organization
as an institution and to his refraining from conduct that would
interfere with its performance of its legal or contractual
obligations. '
"! Dues, initiation fees,

and assessments rExcept in
the case of a federation of national or international labor
organizations, the rates of dues and initiation fees payable by
members ofany labor organization in effect on September 14,1959
shall not be increased, and no general or special assessment shall be
levied upon
such members, except
" AD in the case of alocal labor

organization, i!
by majority vote by secret ballot of the members ingood
standing
p_f§voting at ageneral or special membership meeting,after reasonable
notice of the
intention to vote upon suchquestion, or ii! by
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I p _- PAGE159 7
majority vote of the membersin

good standing voting in a membership
referendumconductedby secret ballot; or
l '
" B! in the case

of a labor organization, other than
a local labor organization or a federation of national or *'
international labor organizations, by
i! majority
vote of the
delegates voting at a regular convention, or at a special convention
of
such labor organization held
upon not less than thirty days
written notice to the principal office
of each local or constituent
labor organization entitled to such notice, or ii!
by majority vote
of the members
in good standing of such labor organization voting in a
membershinmsesreassmusqnéeqted
by 5Q9EBt_baL10t,_0r_ iiil by maj9:ity.__"
vote of the members
of the executive
board or similar governing
body
of such labor organization, pursuant to express authority contained in_
the constitution and bylaws of such labor organization:
Provided,
that such action
on the part of the executive
board or similar
f
governing
body shall
be effective only until the next regular
convention
of such labor organization.
"! Protection
of the right to sue - No labor
'
organization shall limit the right of any memberthereof to institute
an action in any court, or in
a proceeding before any administrative
agency, irrespective of whether or not the labor organization or its
officers are named as defendants or respondents
in such action or
proceeding,or the right
of any member
of a labor organizationto
appearas a witness in any judicial, administrative, or legislative
proceeding, or to petition any legislature or to communicate
with any
legislator: Provided, that any such membermay
be required to exhaust
reasonable hearing procedures but not to exceed
a fourmonth lapse of
time! within such organization, before instituting legal or
administrative proceedings against
such organizations or any officer
thereof: And provided further, that no interested employer or
employer association shall directly or indirectly finance, encourage,
or participate in, except as a party, any such action, proceeding,
appearance, or petition.
"! Safeguards against improper disciplinary action
- No
member of any labor organization may be fined, suspended, expelled, or
otherwise disciplined except for nonpayment
of dues by such
organization or
by any officer thereof unless such memberhas been A!
served
with written specific charges; B! given
a reasonable time
to
prepare his defense; C! afforded
a full and fair hearing.
! " b!_ Any provision of the constitution and bylaws of
'
""Pa.
any labor organization which is inconsistent with the provisions of
this section shall be
of no force
or effect."
égy
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EFFECTIVE: U1/31/78
159-2.2 Section 412
EFFECTIVE: 01/31/73
159-2,-2,_1_i .§i!i1.. A<=ti9s_.¬.9.r_._.I_nf 1tinssn1en§_q§_E.i.shL_s;_-.1

ut1:ia<1'
1C _t_i9_r,1____
_! "Any person whose rights secured by the provisions of
this subchapter have been infringed
by any violation of this
subchapter may bring acivil action in adistrict court of the United
States for such relief including injunctions! as may be appropriate.
Any such action against alabor organization shall be brought in the
district court of the United States for the district where the alleged
av-i,
violation occurred, or where the principal office of such labor
organization is located."
-F
EFFECTIVE: U1/31/78
159-2.3 Section 414
EFFECTIVE: 01/31/78
159-2.3.1 Right to Copies of Collective Bargaining Agreements

! "It shall
be the duty of the secretary or
corresponding principal officer of each labor organization, in
the
.case of a local
labor organization, to forward acopy of each
collective bargaining agreement made by such labor organization with
any employer to any employee who requests such acopy and whose rights
as such employee are directly affected by such agreement, and in the
case of alabor organization other than alocal labor organization, to
forward acopy of any such agreement to each
constituent unit which
has members
directly affected by such agreement; and such officer
shall maintain at
the principal office of the labor
organization of
which
he is an officer copies of any such agreement made or received
by such labor organization, which copies shall
be available for
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-
inspection byanymember
or by
any employee
whose rights are affected
by
such agreement. The
provisions ofSection 440of this title shall
be applicable in the enforcement ofthis section."
! Section 4O of Title 29, USC, dealswith the
authority of the Secretaryof Labor to bring civil actions where
appropriate.
EFFECTIVE: O1/31/78
159-2.4 Section 415
EFFECTIVE: U1/31/73
159-2.4.1 Information to
Members of Provisions of Chapter
E. ! "Every labor organization shall inform its members
->1"- concerning theprovisions of this
chapter."
EFFECTIVE: O1/31/78
159-3 OTHER RIGHTS TO

WHICH MEMBER
A OF'A
LABOR ORGANIZATION
IS
ENTITLED UNDERTHE PROVISIONSOF THIS ACT
! Right to inspect reports - Title

29, USC, Sections
431 =! and 461 b! E
Every labor organization required to submit areport
under subchapters
III and IV
of this chaptershall make
the
information contained in
such report available to all
its members.
! Right to
inspect books Title 29, USC, Sections
431
c! and 461 b! '
Any member may

for just cause inspect books,records,
and accountsin order to verify reports made
under subchapters III and
IV
of this
chapter.
¬Px ! Right to have literature distributed - Title

29, USC,
Section 481 c!
we?
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Every national or international labor organization

except
afederationof nationalor international
labor organizations!
and everylocal labor organization shallhave
the duty to comply with
any reasonable
request to
distribute campaign
literature forany bona
fide candidate at the candidate's expense,
and to refrain from
discrimination for or against any candidatewith respect to the use
of
membership lists
and withrespect tothe distribution of campaign
literature of candidates. -
! Right to inspect membership lists- Title 29,

USC,
_S__e__c t_ip_n__48,l,_ c!_=____z__.._._
7_ _.. z_.__"___.__
' Any bona fide candidate
may, once within 30 days
before theelection, inspectalist of members
who are
subjectto
union-security agreements,
which list
must be maintained
and kept at
principal office of the organization.
/
! Right to
have an
observer at
the polls Title
29,
/"' USC, Section 481 c! 92
nzs Any candidate
shall have the right to have adequate
safeguards
to insureafair election, including the right
to havean
observer at the polls of an election and at
the counting of the
ballots.
! Right to be a candidate- Title 29,

USC, Section 481
e! -
Everymember in goodstandingshall
be eligible to b8
a candidate subject to Title 29, USC, Section504, andreasonable
qualifications uniformly imposed!. "
! Right to
choose candidates
" Title
29, USC, Section
481 e!
A reasonable opportunity shall be given
for the
nomination of candidates and every member
in good standing shall have
the right
to vote for or otherwisesupport candidates
of his choice
and to
have the prescribed notice
of election.
- ~8! Right with respect to removal of officers - Title 29,
USC, Section 481 h!
Yf
If the Secretary, uponapplication by any member
of a
local
labor organization, finds the constitution and bylaws do not
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provide an
adequate procedure toremove anelected officer guilty of
serious misconduct, such officer_may be removedby membersin good
standing
voting in
secret ballot; _4 '
9! Right to recover damages tothe union -Title 29,
USC, Section 501 b!
Any member may sue to recover damages or secure an
accounting whenan
officer has violated his fiduciary duties and
responsibilities and
the labor organization refuses to bring such an
action.
EFFECTIVE: 01/31/78
159-4 DEFINITIONS TITLE 29, usc, SECTION402!

"For the purposes of
this chapter -
! " a! Commerce means

trade, traffic, commerce,
transportation, transmission, or communication
among
the several
States or between any State and any place outside
thereof.
! " b! 'State' includes
any State of the United States,
the District of Columbia, Puerto Rico, the Virgin
Islands, American
Samoa, Guam,
Wake Island,the Canal
Zone, and
Outer Continental Shelf
lands defined
in the Outer Continental Shelf Lands
Act." Title 43,
usc, Sections 1331-1343.!
! " c! Industry affecting commerce meansany
activity, business, or industry in commerceor in which alabor
dispute wouldhinder or obstruct commerce
or the free flow of commerce
and includes any activity or industry affecting commerce within the
meaningof
the Labor Management
Relations Act, 1947,as
amended, or in
the Railway Labor Act,
as amended.
-! " d! Person includes one or more
individuals, labor
organizations, partnerships, associations, corporations, legal
representatives, mutual companies, jointstock companies, trusts,
unincorporated organizations, trustees, trustees in bankruptcy, or
receivers. '
! " e! Employer means any employer or any group or

association of
employers engaged inan industry affecting commerce
!
which is, with respect to
employees engagedin an
industry affecting
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commerce, employer
an within
the meaning
of any law of the United
States relating
to theemployment
any
of employees
or ! which may
deal with any labor organization concerninggrievances, labor
disputes, wages,
rates ofpay, hours
of employment,
or conditionsof
work, andincludes anyperson actingdirectly or indirectly as an
employer as
or anagent
of an employer
in relationto anemployee but
does
not include theUnited Statesor any
corporation wholly owned
by
the Government
of the United States or any State or_political
subdivision thereof.
! " f! 'Employee'
means
any individual employedby an
emplpyer,_and_includeswanygindividual_whose_work_has_ceased_as.a_
consequence orlin
of, connection
with, anycurrent labordispute or
because ofany unfair labor
practice or becauseof exclusion or
expulsion from
a labor
organization in any manner or
for any reason
inconsistent with the requirements of this chapter.
! " g! Labor dispute includes anycontroversy
concerning terms,tenure, orconditions ofemployment,concerning
or
the associationor representationof personsin
negotiating, fixing,
maintaining, changing,or seekingto arrangeterms orconditions of
employment, regardlessof whetherthe disputants
stand inthe
proximate relation of employerand employee.
! " h! Trusteeship means
any receivership,
trusteeship, orother method_of
supervision or
control whereby
alabor
organization suspends
the autonomy
otherwise available
to a
subordinate body under its constitution or bylaws.
9! " i! Labor organizationmeans alabor organization
engaged in
an industryaffecting commerce and includesany
organization any
of kind,
any agency, oremployee representation
committee, group,association, orplan soengaged inwhich
employees
participate and
which
exists for thepurpose, in
whole or
in part,
of
dealingwith
employers concerning grievances,
labor
disputes, wages,
rates ofpay, hours,or otherterms orconditions ofemployment, and
any conference,
general committee,
joint or system board,
or joint
councilso
engagedwhichis subordinate to anational or international
labor organization,other thana State
or local central body.
0! " j! Alabor organization shall
be deemed
to be
engaged in
an industryaffecting commerce
if it -
" l! is the certified representative of
employees under
the provisions
of the National Labor
Relations Act,as
amended, orthe RailwayLabor Act, as amended;
or
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~Sensitive
Manual of
Investigative Operations and Guidelines s
Part I PAGE 159
"! although not certified, is anational or

international labor organization or alocal labor organization
recognized oracting as the representative of employeesof an
employer
or employers
engaged an
in industryaffecting commerce;
or '
'
"! has chartered alocal labor
organization or
subsidiary bodywhich is representing or actively seeking to represent
employees
of
employerswithin themeaning
of paragraph
! or !; or
"! has been
chartered by alabor organization
representing"9ractjvely_seeking torepresent employees_within
the_WWz_
meaning
of paragraph ! or ! as
the local or subordinate body"
through whichsuch employeesmay enjoymembership or become affiliated
with such labor organization; or
"! is aconference, general committee, joint

or systemboard, or joint council, subordinateto anational or
international labor organization, which includes alabor organization
engaged in
an industryaffecting-commerce within
the meaning
of any of
the precedingparagraphs ofthis subsection, other
than aState or
local central body.
ll! " k! Secret ballot means-the expressionby ballot,

voting machine,
or otherwise,
but in no eventby proxy,of achoice
with respectto any election or vote takenupon any
matter, whichis
cast in suchamanner that the person expressingsuch choicecannot be
identified with the choice expressed. _
2! "! Trust in which alabor organization is

interested means
atrust or other fund or organization ! which was
created or established by alabor organization, or
one or more of the
trustees or one or more members of the governing body of
which is
selected or appointed bya labor organization, and ! aprimary
purpose ofwhich is to providebenefits for the members
of
such labor
organization or their beneficiaries.
3! " m! Labor relations consultant means any person
who, for compensation, advises or
represents an employer,employer
organization, or labor organization concerning employee organizing,
concerted activities, or collective bargaining activities.
4! " n! Officer means
any constitutional officer, any
person authorizedto
perform the functions of president, vice
'president, secretary,
treasurer, or other
executive functions of a
labor organization, and anymember of
its executive boardor similar
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m _,
.»v-<
2.-._=r; '
--_:_-..- 1 92. .
5,.-.=1:
Q;3JP Sensitive

Part I '
PAGE 159
governing body.
5! " o! Member'member
or in
good standing, when used
in reference to alabor organization, includes any person who has
fulfilled the requirements for
membership
insuch organization, and
who neither has voluntarily withdrawn from membership nor has been
expelled or suspended from
membership
from
appropriate proceedings
consistent with lawful provisions of
the constitution and bylaws of
such organization. '
6! " p! Secretary means

the Secretary of Labor.
_7! " q! Officer, agent, shop steward, or other
representative, whenused with respect to alabor organization,
includes elected officials and key administrative personnel, whether
elected or appointed such as
business agents, heads
of departments or
major
units, and organizers who exercise substantial independent
authority!, but does not include salaried nonsupervisory professional
staff,
stenographic, and service personnel._
K,-.
8! " r! District court of
the United States means a
92___,. United States
district court and aUnited States court ofany place
subject to the jurisdiction of
the United States."
EFFECTIVE: 01/31/78
159-5 JURISDICTION
Jurisdiction under the statute is assigned to the

Secretary of Labor. On 2-16-60 theAttorney Generaland the Secretary
of Labor signed aMemorandumof Understanding whereby the Secretary
delegated jurisdiction with respect to the above-quoted portions
of
the act to the Department ofJustice. Labor Department retained
'urisdiction regards
J
as civil enforcement actions and other criminal
"violations not quoted above. The pertinent portion ofthe text of the
Memorandum ofUnderstanding dealing with the investigation of criminal
violations is as follows: . 92
l"2. Investigations of Matters made Criminal by the Act
"Subject to specific arrangements agreed upon by the

DeP artment
. of Justice and the Department of Labor on acase-byrcase _
basis, investigation under the Act will be conductedas follows:
ff U1
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1 PRINTED: 02/18/98
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Manual of
Part I PAGE 159 15
" a! The Departmentof

Labor will
through its own
staff investigate those criminal matters arising under: -
"1. Title
II Reporting by labor organizations,
officers and employees of
labor organizations and employers!.
"2. Title
III Trusteeship!.
"3. Section 502 Bonding! of Title

V.
"4. Section 503 a! Making of loans

by labor
______prganizatiqn§_tQ_g§§iger§gagd_employees_of_the labor organization!_pf_
Title V.
"5. That part of

Section 503 b! of Title
V
which relates to the payment of a fine of alaboriofficial or employee
by a labor union.
" b! The Department of

Justice will, under
,.-.,_ delegation
from the Secretary of
Labor, investigate those criminal
matters arising
under: -
92-
"1. Section 501! Embezzlement of union
funds! of
Title V.
"2. That part of

Section 503 b! of
Title V
which refers to apayment of afine of alabor official or employee by
an employer.
i"3. Section 504 Prohibition against certain

persons from holding office! of
Title V.
"4. Section 505 Containing an

amendment to
section 302, Labor Management Relations Act of
1947, as
amended! of
Title V."
See Part I,Section 122 of
this manual.!
"5. Section 602 extortionate picketing! of

Title VI. .
' "6. Section 610 deprivation of

rights by force
and violence! of
Title VI."
EFFECTIVE: 05/10/82
xi?
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Part I PAGE 159
159-6 {SIGNIFICANT EXCLUSIONS IN

COVERAGE
_! Unions comprised
solely of.employees
of the United
States, or any corporation wholly owned by the United States. _
'~a! Exception - unions comprised of
employees of the
U.S. Postal Service are covered by the Labor-ManagementReporting and
Disclosure Act LMRDA! of 1959 by virtue of the
Postal Reorganization
Act, Title 39, usc, Section 1209. '
b! Violations involving internal union affairs by
Federal empl9y§g_unions_are investigated_byFthe_Department_pfmLabor__
4 UUiY byvirtue of
the Civil Service Reform Act,Title 5, USC, Section
1101, and Executive Order 11491, as amendedin1978.
A! Unions comprised solely of employees of
any state
or
political subdivision thereof.
Exception -DOL holds that alabor organization comprised of state
or
local governmentemployees iscovered byLMRDA ifthe local admits to
membershipat
least one privateindustry employee.|
EFFECTIVE: U5/10/82
159-7 IPOLICY
! Allegations, together with any pertinent information
in field
office files, should be discussed with USA immediately to
determine whether violation is indicated, and if so, specific section
involved. If violation is within Labor Department's jurisdiction,
furnish USA sufficient information to enable him/her to refer
complaint to Labor-Management Services
Administration, and submit
closing airtel and LHH. If violation is
within our jurisdiction,
obtain USA's
opinion as to whether
material furnished containsa
sufficient indication of possible violation to justify investigation
by the Bureau andprosecutioninFederal court or
whether he/she
desires to refer the matter to local authorities.
! If USA requests matter be referred to local

authorities, determine if violation is one that
if conviction
resulted would prohibit a person
from holding aunion office Title
29,
USC, Section 504!. If conviction of
the crime would bar subject
from holding aunion office, advise local authorities upon
referral.
Also, the name andmailing address of the local prosecutor to which
Sensitive
PRINTED: 02/18/98
1.;-:.;z
>314 Sensitive

Part I " PAGE159 - 17
the case was referred should be set forth in

the closing LHM. When
seriousmatters i.e., deprivationof unionmember
rights by force
or violence! are referred to
state or local authorities for_
prosecution,depending
onavailability of resources,the status of
prosecution
should be followed 120daysafter-referral. If state
or
local authorities
decline prosecution or
fail to commence
prosecutive
actionwithin120days,rediscuss
with
USA andascertain
if investigation is desired. The discussion with
USA should
be
confirmed by letter.
!Joint interviews may be conducted

with DOLon
_authorityWof_SACmand_decided"on_a_case:by:case_basis-__However,__
joint investigationswith DOLmayonly be conducted
with FBIHQ
authority and
will be decidedon a case-by-casebasis. Requestsfor
joint investigations shouldbe submitted
by airtel, unless
circumstancesdictate otherwise, and the communicationshould
contain sufficient justification for the request,
the opinion of the
USA, and
a statement from the-SACreflecting his concurrence.
92
/-'-»._
92 !l FBI reports of LMRDA
investigations may be
disseminatedto DOLsubject
to the provisionsof Rule
6 e!, Federal
92 J. Rules
of CriminalProcedure,
on the authorityof the SAC. However,
dissemination should be decided
on a case-bycase basis, and should be
with the concurrence of the
USA. Questions should be resolved by
1 contactwith FBIHQ.]
EFFECTIVE: 05/10/82
159-3 IINTERVIENor
UNION OFFICIALS _
These interviews maybe conductedon the authority of the
SAC,providedall the following circumstances
exist:
' ! Files of field office'where
interview is to
be
conductedcontain no information to indicate such interview would be
1 inadvisable.
i ! Interview
is notpremature
andotheravailable
i sources of information desired from union official have been
exhausted.
i ! Interview is absolutely necessary in interest of

conducting complete and thorough investigation: "
,::.: 1
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».:_=,;l; ».
,1. 1;:_J
E92 Sensitive
Manual of
Part I -- PAGE 159
-
-! Interview will not interfere with any other
investigation of the official or union.
! FBIHQ is notified in advance in
the event the _
interviewee is prominent, extremelycontroversial, or
of such stature
as to focus national attention on
the investigation.
EXCEPTION: Interviews with officials of national headquarters ofa
I union are to
be conducted onaUACBbasis. The UACB communication
should set forth sufficient identifying data on the union official as
well as recommendation as to advisability of and necessity for the
_..
92_interview.]u_ I _s_ ,_, 0 _ V e _ 1e___V_s-__meem___sa-___ee-_
EFFECTIVEE 05/10/82
||159-9| INVESTIGATIVE PROCEDURE
EFFECTIVE: 05/10/82
92-..u-"2.
l159*9.1| Embezzlement
of Union
Funds Title
29,]U.S. Code,|Section
501 c!!
'[Embezzlement
! investigation
should develop
in detail
shortagesin funds
of labor organizationand independent
evidence
should besecuredto
prove the personor
persons responsible for
shortage.. Besides l-.1;--'
minute examination
¢'-- accounting_or"othe;wgecords?,
of '. '
-=-92z"~»-"92w-*---
" -w"'4"
'
-'4 _»-9-1'
'-H
-'_=--
'
1;»-.'»
" '-92-
of
--;.¢- the
---. union,
- -~_p§£s9ns;wh0'are
-5- --1 "'.' ind1cated,to
_, ._'
':r-ct. 1.; ." knojégggagfushontages
P,--my-ix-e'_
;-...1=92»- - _have
'-'
- .
?"d;xg;,_.-¥s4%+4_:P*£R.%§§=§%_%<s§%§_
oer a~ ersons;gr, Weisp wages»
°f
ou__n¢e£1nwLh $Jé~@$9w@§;_w
ie,
Consid_ _I'Ftshouldbe_afforde
_A "_~_-i,'_-_
_,,;i"~ ¬§:2§inggrecords?Isuch as?bank
"-_f=r'*':jy;§'~;~*:v-go--.>;-K":-'-aA~
92l924'l$_I-I:rI<,:;?u-la-1-P'
*1 92 and
,_9g.¢~Q;j»1,'92¢
_,.lJ:s92,.-iv-og:§,Qie_!;9._-_
r_
,,otherpbusiness agounts,_i2g;0r*lhrough-qhich
fundgéggpgpher assqqggf
*"'msY..
dwhichtfefi
ass.
ii-l@§}Es!25%%s§++s.1?s."i1oLPs.
h'=92's,§
ds;of§theFnionmare
1=:=.r§%=1=1=*;fii'*92-'5
a1tered*or,destro
ed
or for some
other
'15 ' &
~»,_r-;_."..1-*¢;:~=££-,s;>-0
I838O&I6Un8V31
, 1a"bl
e.-*rsF1
J" '-"--""~
'
--- Y
_....<
#L"~ ;~- . ~..six-. &g
!92 Since
funds of health, welfare, or pension plansare
separate from
funds of labor unionsor their locals, alleged
embezzlement of
such welfarefunds is not consideredcovered by
prohibition inthis statutewhich deals
solely withfundsor
other
assets of aunion. Awelfare fund is established in form of a trust,
the funds of which
are contributed by employers,and
such funds are
utilized for hospitalization, insurance, and pensionbenefits payable
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PRINTED: 02/18/98
IIIIIIIIIIIIIIIIIIIIIIIIIIII-------~~
"Sensitive _
Manual
and Guidelines PAGE -159
19
to members
or their beneficiaries. As
distinguished
from
funds of.a
welfare plan,
funds of
a union
are derived
from dues,
initiation fees,
assessments, etc.,
payable by
employees who.are
union members,
and
union funds
are disbursed
to officials of
the union, as
well asfor
purchase
of
any material connection
in the
withofficialoperation
of
the
union. In complaints
received and
investigations conducted,
be
alert to determine
factswhich
specify whether alleged
embezzlement
pertains to
moneyor
other assets considered
as propertyof a labor
union ormoney to
be maintained
in
a welfare
plan trust fund.
Possible violations
concerning funds
of awelfare plan
are covered
I inlPartI,92Sectionsand
122156,
of
this manual.!
EFFECTIVE: 05/10/82
[159-9.2] Payment
of Union
Officer's
By Employer
Fine Title
29,|U.S. Code,|Section
503 b!!
l!' The investigative
jurisdiction of
the Department
of
[:Q*Justiceis confined
-=' payment
toemployer
of afine byan
that
portionof
thissection
imposedalabor
with
dealing
on union officer
or
the
employee convicted
of awillful violation
of thisAct. It does not
prohibit an
employer from
payingfine
a imposed
onsuch
person p
convicted of
violating another law.
! Investigations concerning indicated
violations of
this section
will closelyparallel and
generally will
involve similar
items ofproof
necessary to establish
acriminal violationof
the -
'
ILabor
Management Act
Relations
of
1947. See92Part
I,92Sectionof122,
this manual.!
EFFECTIVE: 05/10/82
I159-9.3 Prohibition
Against Persons
29, |U.S Code,|Section 504 b!!
Certain
Office
Holding
Title
_! Verify from
examinationcourt
of records
that subject_
has been
convicted crime
of that
falls withinscope
of
this section
andthat
conviction is notunder consideration
by higher
court. If
under appeal
and finaljudgment not
rendered, conduct
no further
investigation and
submit closinglairtel
and LHH
suitable for
gfg
~ Ii dissemination
.;yg
<:<P
>-.
to DOJ.|
the
Sensitive.
. PRINTED: 02/18/98
' " Sensitive

Part I . PAGE 159 - 20
.! _If conviction was understate and local statute,
determine andreport specific penal codecitation.
! If the subject, prior to conviction, wasactive in a
particularlabor
organization or oneparticular local,investigation
should notbe limited to determiningwhether|he/shejhas
continuedlhis/herIactivities with respectto
this particular
organization orlocal
alone; itshould be determined
whetherjhe/shelis active in anycapacity prohibited under the
Act
including other labor organizations or asa labor
relations consultant
or officer, etc.,
of agroup or associationof employersdealing with I
____i_anylabornorganization._w . ______ _.
__ _ '
,_im"_~,W_mfui___,
! Investigation should determineexactly what the
isubject's
occupation
been
hassince|the
date of
his/her conviction.|
i! lTo determine
subject's employment
the following
1 sources
of informationshould beconsidered:
f*= I II a! Review the various DOL LM
Reports.
t-§ ' b! Contact subject's co-workers,
neighbors, and
associates. However,
it shouldbenoted
that interviews co-workers
of
j are prohibited duringapreliminary inquiry.
p c! Contact informants
and other
reliable sources
of
iinformation. c -
' '
d! Contact business firms from whichsubject has
sought credit recently;however, note that contact with logical
credit bureausis subject to the provisions of the Fair Credit
Reporting Act see Part
-J
I, 62-5,of this manual!.
ae! Subject to the provisions of the Right to
Financial PrivacyAct of 1978 RFPA!
seePart
II, 23-6, of this
92
manual!, ascertain employmentby:
1card
companies.. 1.
CHHYQEFEEE
"W banks,
7 credit
unions, and
credit
' I ,
s iLN . - __,,__.,.._
__».<<;.'_r=.-
.. _ es...
.,.,.,.,___,__._,________:_;,_,,_:_1,,._;___,n,_
1' | ?.:=:.: to
_D=t@¢mi"-1%
thggughjégéminationof @=1Hs<=.-is--.9
subject's
deposits I?
§=.s;I..§»'
bank accountsT|Ef¬"
.___, , ....
In each case in which it is indicated the subject is
iikal
I employed
other
than
by alabor
organization
asalabor
!
relations
or
consultant, interview|his/her]employer to
verify such employment
and.
hr I-.
Sensitive
PRINTED: U2/18/93
Sensitive

Part I PAGE 159
- 21
determine whether the subject has engaged in any prohibited activity

1 during
the period of|his/herlemployment.
! If the subject is
indicated to be employed byalabor
organization or as
a labor relations consultant, endeavorto verify
such employment through independent
sources, suchas suggestedabove,
rather
than by direct contact withemployer. THiswould include"
_e;amination'df bank'recordsipertaining
to labororganizationfirm1@}M
or
Tpf laborieiations cgsultantsto
show compensationhbeing received
QXQQ
-spgiegtgfggisejyicesirendered?"lIt¢should'benoted7thatwhilevaccessf§
tcgbenk$re¬o?d§:§I§1§b5¥5?ganizatiosvisin3tfEe$ered*5§?tHeRFPA§%ih
1;y§4|.r1gniI=" tn re .»-W, ._~-- p__--Sr. J-é_pr J
,v.92.'<=.='-'
----= _4"--.¢-1.:
=<l;::':'--£3"
3'-'§"".=:=
-..-;_ 92.
.=3".,.'-;1'»",>.1;"f§:;;ii92'"3;_}-s;;,-.,,-5
-. >'"-,,;__~.-_---
- =:-
J.§¬§%%ZE§§§E§§§%§¬§%%%by~¬%e*RfPA*
igsr a1n;instan ~"
es cgig" g§_ cords;p§§igbor$-el§Eionghpon_lt1ng-
92 -....;,,.
;
' _n I,,» .;_ _ .
8! The Department;hasadvised'thatinvestigation
when
é;%§1BsesTa§sub§eE?WisWpFEsently
,"~-:_-'L-*1.
-¢."""" " '-"- . . a_ Aprison
¢-sentence
serving
~' it should
.1" Gil <"£'2?"'_'.'3-1'.-1"'?b
.1;;
[,bedetermined
~ - whether|he/shelis
--- drawing
asalE§$I¥$3§?HTbn*orir§%§»w
"i='-fr
"sf-W
- n">'"*n'*=n1I-'*'-£25 "*9-'*--¢
?carriedonQthe records
ofia »~-=--.-»~=-,~~.'1--'-»~-»<-=~'--~~"~<-cs:-::;~-ew:.~:;$=e::;=
._.... -.s»~_».-~,:r L» .-
union as-anorgies??? This should be_;@~T?J7
Hdeveloped
'__~__ 0 -_. through
,1_V. _independent
92Q1-.1 kw;made sources, such--- as_ment1oned above
1...-_W|'"1"' Q'3
~--1 1'g:&~
1"|g,~ '
_=9.£-_92-51--'
~-,1 "a3dd1t1OnfU3
- -I ,- 1'
._V_,
check
l should
be.-.4.»
i-.-.--.-'. - -
with;prison.o£fioial§§w
_P1" ._~--.
uv-1
e§g5£§§uL§gc,e
:92- qw-:-_':|'
vi..1
."f__ggg.§;4.
_____92_
_..
- -t
_i__L
4- '-'"335'»""_$1'-h:'3l"'1'_-[,",.___.:_-.'.
.92,_. ,:
__;13§Q§wQ§g§§izations§or
>5 LSub]eC§Q§j12£§£§§£?§§dtO"3SCBft31'Fhéthsfhe/5he{h§5E§ggE
management concerning
union
businesses: lab .4-=14".
-- 1
..'3n
eematters. 7w7 .
EFFECTIVE: O5/10/82
{I159-9.4 ExtortionatePicketing Title

29,|U.S. Code,|Section
522!
Investigation concerning indicated violations of this
section will parallel to some extent and will
involve items of proof
which are similar to those necessary to establish acriminal violation
of the Labor ManagementRelations
Act of 1947 or the Hobbs Act.
EFFECTIVE: 05/10/82
¢?>»
3§%
Sensitive
PRINTED: 02/18/98
i
$* Sensitive
Manualof
Investigative Operations andGuidelines
Part I - PAGE 159-22
l59*9.5l Deprivation
of
RightsbyForce
or Violence Title
29,|U.S.
" Code,|Section 530!
'
Complainants alleging violations
of
this section should
be
interviewed thoroughly;
particularstress
should be placed upon having
the complainantidentify witnessesto
the allegedforce
or violence
or threatthereof! whichdeprivedunion
a member
of
rights guaranteed
under the
Act; inaddition, specific informationshould be
obtained
from
the complainant as
to which
rights of
the individual have
been
interfered with
or denied.
EFFECTIVE: 05/10/32
159-10 REPORTING REQUIREMENTS

! |An initial airtel
with accompanyingoriginal
LHH
and three
copies! should
be submitted to FBIHQ
within 60 days
ifthe
investigation involves
LCN members or associates.The LHH
should_
contain thepreliminary opinion
of
the USA and
sufficient
C; identification data on the subject s! for
indexing purposes.
! IA
progressletter should
be submitted
to FBIHQ
every
180 days
containing
asummaryof
investigationconducteddate
to and
a
statement regarding
investigation contemplated
during the
next 180
days.]
! Aclosing airtel shouldbe submitted
to FBIHQ
with
an LHM
restating thepredication
for
opening the investigation,
summarizinginvestigative
the findings
and detailing
the disposition
of
the investigation. TheLHM shouldinclude the
final opinionof
the
uss. 92- I
! |If the investigation
involves non-LCN
groups i.e.,
Asian
organized crime, Sicilian
Mafia, etc.!,advise FBIHQby
airtel
with accompanying
LHM as
describedabove within
60 days.The results
and/or summary
should reported
be LHM
by original
and three
copies!.|
sFFscr1vE='10/18/as
Sensitive
PRINTED: 02/18/98
3,-~__ :___
-A-An-7m»---.1-,1-1_1-.. - _8___
Sensitive
Manualof Investigative Operafions and

Guidelines
- PAGE 159- 23
PartI
CHARACTER
-LABOR*MANAGEMENT
REPORTING
DISCLOSURE
AND ACT
159f11 OF 1959 -INVESTIGATIVE MATTER _ _
EFFECTIVE: 10/18/88
1"" -
'6...-
Sensitive
PRINTED: 02/18/98
"Sensitive
Manual ofInvestigative Operationsand Guidelines PAGE 160

Part I -
1
sscrzo 160. FEDERAL TRAIN
WRECK
srsrurs
160"1 STATUTE
EFFECTIVE: 11/O8/78
_i.7____i__-______.._. _ 7.m
._s4. ___i-.i___i_.£-
160-1.1 Elements
! "Whoeverwillfully derails, disables, or

wrecks any
train,
engine, motor unit,
or carused, operated,
or
employed
in
interstate or foreign commerce
by anyrailroad; or"
"* ! "Whoever willfully sets.fire to, or
places any
s3 explosive substance
onornear,or
undermines
any tunnel,
bridge,
~J Iviaducttrestle, |track,|signal,
S station, depot,
warehouse, terminal,
or anyother
way, structure, property,
or appurtenance
used in
the
operation of
any such railroadininterstate or foreigncommerce, or
otherwise makesany suchtunnel, bridge,viaduct, trestle,track,
signal, station,depot, warehouse,terminal,or
any other way,
structure property,or appurtenance unworkableor
unusable or
hazardousworkto oruse, withintent toderail, disable,or wreck a
train, engine,
motor unit,
or
car used,
operated; or
employed
in
interstate or
foreign commerce; or"
! "Whoever willfully attempts to
do any of the
aforesaid acts or
things --"
"EFFECTIVE: 11/08/78
¢?FR
¢;;R
user
Sensitive
PRINTED: 02/18/98
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIInu---,.__hn.
Sensitive
HanualInvestigative
of Operations
Part I
160-1.1.1 '0ther
Provisions _
! FalseReportsviolations
'
'
of
'
Title
of 18,
'
1992
USC, Section
are covered
1991 Entering
by 18,aTrain
Title USC,to Commit
Section Crime! and
Refer Section
35.Section
to of 149
this
manual.
'
! Double Jeopardy
rSubject
cannot
betried
in
Federal
court under
this statute
for same
acts after
being convicted
or
acquitted
theonmerits
of the
case
inastatecourt.
!
Venue lies
in
Federaljudiciary district
in which
act
Mas. ¢.9mit§ss1.-_
,
EFFECTIVE: 11/O8/78
160-2 POLICY AND PROCEDURE

H'-n-">:_
! Acceptfor investigation
all cases
involving
h92_',; Y
violations of this act.
_! wreck,
major In view
train of widespread
public
immediately
advise by interest
FBIHQ created
teletype
of all
suchby
incidents. ' -
! Noteletype necessary
regarding incidents
minor in
absence-of
unusual
somecircumstances
which would
makeaction
such
expedient.
' !Incumbentthe
upon
SAC
to make
arrangements
that information
regardingoractual wreckswillinsure
attempted
train beto
tlreportedto the
field office
so that
Bureauhave
will
effective coverage
promp y over this
type of
violation. .
! TheBureau of-Alcohol,
Tobacco Firearms
and ATP!,
has jurisdiction
over
Federal Bombing
violations
of
Statute, which
Title
18,
USC, Section
involvemalicious
the
844
damaging
or
i!,
destruction,
meansbyanofexplosive,
of property
usedinterstate
in
or foreign
commerce.
guidelines,jurisdiction
ATF not,to
According
Department
does of Justice
however, investigative
whereFBI thehad
investigative inapply
ato instances
jurisdiction
separate
substantive
area
prior
the
to
case
the
insofar
enactment
of the
explosives
as
Federal
Bombing
offenses
are concerned
under
This
Statute.
the
is
-J23? Federal Wreck
Train Statute
FTWS!.Advise
FBIHQimmediately by
"~e
¢3,@ teletype any ofattempts

by the
ATFinfringe
to upon
FBI jurisdiction
Sensitive
PRINTED: O2/18/98
I
Sensitive
Manual of
and Guidelines
APAGE 160 - 3
Part I
under FTWS.
! As investigations this
of actmay result
in sentences
of capital
punishment theifaction
person!, Agents
making suchresults in
investigation the death
bear of any
should
mind
in that
all
evidenceinused
trialwill be
given strictest
interpretation
willand
be subject
to closest
taken obtain
to
scrutiny
and
bytrial
court.'
preserve pertinent
Every
evidencesuch
means
should
in form
be
thatit
will withstand scrutiny of court.
! Immediately
following receipt
of information
1'ess_¥$i.ss;~j2}2£i.*m__9£.Eh£=_i£s.E2Ps_L-Pam=
1on.=*-_!>2_.i ' ' ' h ld
___i.._-
be made at scene. p
B! Complete
crime
scene search should
be immediately
madevicinity
in wreck
of effort
in to locate evidence
any might
which
c'
be ofvalue
tovicinitypas
immediate investigation.
and
tools should
'sés£¢h
other
objectsbe
not
toconfined,togH@FN
hsed
wreck
s;;;sia;,.
have beeni. If
located '1 s§5t;am
place
where_wreck
.--._k
-' as
occurred. much a
as
ha mi e _y
1
,,./
i l 9! Photographsbe
should
taken
of general scene
and of
any physicalevidencelocatedat
scene. .
0! A thorough neighborhood
be
conductedarea
surrounding
in scene of
wreck.
ll! Officials of railroad
police department
and other
employees, particularly
regarding possibility
section
'wreck was
' '
foremen,
should
brought about
questioned
be
byaorfmer or
disgruntled employee
of railroad company.
2! The use offacilities of the FBILaboratory
as
investigative a id should be
kept continuously in mind.
3! In
manyinstances train
wrecks brought
about as
result of
objects placed
on railroad
tracks by
children.Where
it is
learned that
children have
may committed
act which
brought about
the .. .f
train wreck,
consideration should
be given
to
securingcooperation o
officials ofhls invicinity
in
sc ooorder that
Agents interview
may
students information
for which
might leadto
identity of children
responsible forwreck. '
14! Time isof essence
in initiatinginvestigations.
In
order
that
securing of evidence
through
crime
scene search may
be
ix
enhanced, sufficient
number Agents
of should
immediately
dispatched
be
n Sensitive
PRINTED: 02/18/98
....i.Nllnuulll!!!!!!!!!!!!!!!!!!E==$g§$$m@@@_r
Sensitive
ManualInvestigative
of Operations
and Guidelines
' PAGE 160
Part I
to scene
upon receipt
' '
h
of information
tatute
that wreck
was brought
about as
result of violation of t is
s .
EFFECTIVE: ll/08/78
921603 REPORT
WRITING RULES
f rosecutive summary
I, ! Forward FBIHQ
to copy
0any p
report prepared
in this
classification
investigation
offorthe, _i_s"the for
'delines
.,_t_i. _r____i_r___
_USA92ss0££ice,iuti1izingscurrentrBureau.gui
preparation such
of reports.
! Noreport need be forwarded
under
any other
circumstances
to disseminate it is
determined
the results unless
of to be
the
investigation most
logical
means
accumulated, when itor
' t ans todisseminate such
is
decided that
results toareportFederal
other is thebes me FBIHQ
agencies through than
ratheran
via
92
LHH.l
EFFECTIVE: 11/os/7s
160"4 PENALTIES
M'mum
r $10,000
20or
years,
or both.
Whenresults
act
92
indeath,penalty
the death
is life
axi
orimprisonment.
EFFECTIVE: 11/07/94
l92160-592 CHARACTER
- FEDERAL
TRAINSTATUTE
wnscx
EFFECTIVE: 11/08/73
%
Sensitive
PRINTED: 02/18/98
NUIIIIIIIIIIIIIlllllll!!IU!!llI!!!!!!-!=r==+=tsms_____Wr
Sensitive
Hanua o 1 EInvestigative Operations and

Guidelines PAGE 161 1
Part I
SECTION 161.
SPECIAL INQUIRIES
FOR WHITE
HOUSE, CONGRESSIONAL
COMMITTEES,
OTHER
AND GOVERNMENT
AGENCIES
161-1 GENERAL INSTRUCTIONS

These instructions
supplement those
containedPart
in II,
Section 17, of this manual. _
EFFECTIVE: 12/1O/91 '
161-2 AUTHORITY
See Part
II, Section17-1, ofthis manual
for the
authority toconduct
these investigations.
,.-r» .
--..-.- EFFECTIVE: 12/10/91
l
161-3 NATUREOF SPECIAL
INQUIRIES
lSinvestigations
All]
peci 'al
quiries|are
In specific
conducted
pursuant topersonnel
background
written
requestthe
of'
d r
f thePresident other
or government
agencies for
persons eun
consideration
Office o
Presidential
for Presidential
firmation PAS!;
other appointments
requiring
appointments
' '
' , Senate
s PA
!'atffs of
the White
con
House, National
Security hCouncil
e
NSC!,
uire
frequent
various
andaccess
to
congressional committees;_and
persons owrq
the White
House't'vit
complex
telephone
the
personnel,
repair example!.
and/or
for
highlevel of positions
Because of
the sensi iy
involved,
the
highest priority consistent
with the
established Bureau
deadline BUDED!
and absolute
thoroughness
required
are these
in
investigations.
EFFECTIVE: O7/21/95
_ ,.E;
' Sensitive
_PRINTED: O2/18/98
_
Sensitive
Manualof
Investigative 0perat'ons
and
i Guidelines PAGE 161 - 2
Part I _-
161-4 TYPES
0FlSPECIAL INQUIBYICASES
The type
of|Special Inquirylinvestigation
will be
set out
by theISpecial
Inquiry|Unit92
by subclassification
l61A the
SIU!,]FBIHQ,
rl6lL.!HIOG, opening
communication
II,Part
Section
17, in
defines various
the will
Inquiry92investigation subclassifications.!
161within of
fall fourtype
one of92Special
differentThe
categories, willwhich
alsobe setoutin
theopening communication.-
Set forth
below
in ! are
I r linvestigations thethefour
which categories of]Special
E!1l§__£_QI!_d£§_t_e§__h8_$§¢L_L!P
_i candiaet i___i,,_afi.
' client __gm
_ij _..1.'.92.Q92.£.1._.Y_
._.__i.__ _n_r_.a-_r
. . _ 1
agency served,
' beingthlevel
e'd ofthe position for
which the
is being
considered,other
and considerations:
! ExpandedName Check
ENC!
-Consists
ofasearch
of
the candidate's
Criminal name
Justicethrough
FBIHQ
Information records
systems,
Division,
Services including
the
National
Crime
Information NCIC!,
Center Criminal
CLEA!, Intelligence LawIIS!
Information Enforcement
Application
System
and
ELSUR checks
index;
r"". "<
.i ofthe
field office
confidentialELSUR!general
andand
field other
any
offices
in specialized
where
the indicesand
candidate except
works
92~;i
resides; checks
and
States Attorneys theof civil
and
USA! offices
at thesecriminal
files of
the
same locations.United
ENCs bemay
conductedlieu
initiation
ofa in
of
a
full-field
full-field investigation
investigation. or
prior
should to
ENCs the
benotconfused
with "regular
name
checks"whichhandledare by
the Executive
Agencies,
Resources Personnel,
and
Administrative
for
Division,
various
clientSupport
agencies.Information
Unit,
Regular checks
name
do notinclude checks
of
USAs'
officesFBIandfield
office indices.
! Full-FieldInvestigation -FFI!
AnFFI encompasses
rsonal interviews
in accordance
pe with
anda wide
MIOG,Part II,
range
of recordchecks
Section The
and
17.
scope
of
is
conducted
e th
the osition involvedand
whether or
investigationwill
depend upon p
not there
has
the candidate. been
aprevious
However background
regardless
of the investigation
ofBI!
scopethe concerning
investiga
ion, .. t.
I
-field offices
are
investigation expected
that may
be to conduct
towhatever
necessary andadditional
thoroughly 1et e1y
comp
address
unfavorable
any information
orissues
developed.
The
scope
of
the various
FFIsset
isforth
below,and
will
also be designated
by
I the|SIU92in
the opening
communication:
Type
of
FFI Requested Scope
'Level I Coversextent
the the
of
'15,
I
Sensitive
PRINTED: 02-/18/98
....__Lm ___,___.__
Sensitive
Manual of
andGuidelines PAGE 161 P 3
Part I
candidate's adult
life.
Level I BIs are conducted
primarily on all Cabinet-
level, Inspector General and
senior White
House staff
appointments.
Covers the past
fifteen years
Level II of the candidate's life
or
since age18, or at least
the
last two years. Level IIBls
-arewconducted.£or»all-other~__~»---es-fJ-rs--4-
fulltime Presidential
appointees notcovered by
Level Iand White House,
National Security Council and
Congressional committee
staff/access positions.
Covers the past ten years of
*- Level III the candidate's
life or since
age 18,or
at least the last
~e.. two years.
Level III Bls are
primarily conducted on
support, access and
maintenance positions at
the
White House
and part-time
Presidential appointments.
Covers the period of the
Update Investigation candidate's life
since a
previous BIconducted by
the
FBI and when candidate
has
had continuous employment
or access at the White House
since the last BI.
_| a! determine
If the|SIU]can that
another United
nducted aBI concerning the
States government
candidate, agency previously
the|SIU|will
attempt co
to
obtain the
resu
ts 1 f o those
'
''
!| prio'
rp tooeningan
FBI BI. The
entire scope
of the
candidate's
will '
investigation s
be
"
addressed
BI the by
FBI,
but the
results
t'
the
of
ation
otheragencies'
BI
will be used
to supplement
the 161
inves ig ,
[andduplicative
items will
indicated
on theleads
not
be
set out.history
candidate'sThe92SIU|wil1
marki off
personal
statement
Standard SF!
FormB6!
that have
previously
been
verified by
' '
' ' another
Sensitive
PRINTED: 02/18/98
III!IIIIIII|I!II!l|l!!I!!!!!!!!!!s!!e!-eeeee.IIMM i
Sensitive
Manual
of
Investigative
Operations
Guidelines
and PAGE 161 r
Part I_
agencywhich
results
theand
do
ofnot need
prior
BIs betoused
will
also addressed
betoin the
FBI
identify BI.
Themay
issues
that
have developed
which
may
needto befurther addressed
by the
FBI.
ithat
a
1 !- If afield
office develops information
' that the
'
has
|SIU92is
prior
BI
been
conducted
aware
not
this
b
by another
agency
of information, it
and
the field appears
office ois '
' t
immediately
bethe92SIU92by
information advise
used
can to determine
to supplement
the telephone
FBI
BI. if-this
'
' t'
tion LUI!-Conducted
at the _._.
______..___.._._._.___m._&#
! Limited Update Invesiga
t dwithin thei___iJi
i Wh'te
_,M request'
of then when
an House
' FFI
l'mited
. . has
to an been comple
e
interviewof thecandidate;
interviews
last
five persons
years.
professional of
The who
are
LUI
and
is ifamiliar the
capacity; with
candidate
appropriate
records in a
i.e.,
FBI
checks,
Headquarters
United field
officeand
Attorneys
States indices,
and enforcement
law
Offices,
appropriate
state agencies,
and/or
federal
agencies.
identified
theonwill
Inquiries
86 also
be conducted
SFdeveloped
or concerning
ofissue
theduring
courseLUIany
the that
has notbeen previously
explored.
! LimitedInquiry -LI!
Conducted
to resolve
a
particularor issue
question
' ' usually
fFFI. from
a
arising
regular check
It is not intended name
to be
or anENC
or
after the completion
o an
an FFI
and only
addressesspecific
issue.
the
EFFECTIVE: 07/21/95
92
161-5
DEADLINES
IN92SPECIAL INQUIRY|MATTERS
|_the
Investigative
deadlines
completed
results
theof byare
the92SIU92
setexpected
investigation
to date
be BUDEDS
received
at_FBIHQ!
be set
according from
will date
the of
thethe opening
communication
following
tointervals
schedule; deadlines
however,beagency.
set
at
may
shorter
i92 longer
or to
The92SIU92will_allocate
as as meet
much
timethetheneeds
to ofthe
field
to client
conduct
these
investigations
amount possible.
available
of'
time view
is allotted In
tothe
theof fact
that
field, arethe
maximum
field
officesmust
'
assign sufficient
personnelto
assur e thatthese
cases fully
Iinvestigated,
completed reportedandthe92SIU92by
to BUDED.the
_L Subclassification
Category
or BUDED
Schedule
Sensitive
PRINTED: 02/18/98
0. Sensitive
Manualof Investigative OperationsandGuidelines

Part 1' _' PAGE
161 5
I
of Investigation
161 A, B, c, and
L 21 Calendar Days
1§1
D, E, G, and
I 30 Calendar
Days
161 F, H,
J Five-year 75 CalendarDays
Reinvestigations
- _
10 Calendar Days
161K
I Lu1_1c=n_be_any_161;____W1w__W_
______
mg4M___IgWill,be_set_based_
_i_s__m1Ir"_1_I"rri_e__
subclassification,except
161K! _ uponsubclassification
LICan beany
161 wi11beset by|s1u92
subclassification,
except161K! based
upon the nature
of
- the inquiries to be
covered
w1 Refer to MIOG,Part II, Sectionl7~3.5, for specific instructions

regarding
those situations
in
which circumstances
preclude
reporting
_.w' the completeinvestigation
of a case
by the
BUDED.
EFFECTIVE: 07/21/95
161-6 INTERVIEWS
! A sufficient number
of interviews
of persons
knowledgeable
aboutthe candidate
mustbe conducted
to coverthat
portion
of thecandidate's
life fallingwithinthescope
of the
investigation.In mostcasesthe principaloffice s!, that is, the
office s! whichcoversthe candidate's
past five years
of residence
andemployments, will
be expected
to obtainthe majorityof these
interviews. The|SIU|wil1indicate in the openingcommunication
the
number
of interviews
expected
of the principaloffice s!. Various
factors are takeninto consideration
whendeciding
if a sufficientl
numberof interviews havebeenconductedduring a BI. Some
significantfactorsare the candidate's
age,number
of employments,
length
of employments
andposition s!
held. Thefollowing
chartsets
forth the generalstandards
regarding
the total number
of interviews
|i"=»
whichcouldreasonablybe expectedto be conductedincluding
-9% interviewsin neighborhoods,
at employments,
of givenreferencesand
QQ?associates,
and
of otherpersons
developed
in the investigation
who
Sensitive
PRINTED: 02/18/98 _
"W1-'
'
E
Sensitive
Manual
Part I of
Investigative Operations andGuidelines I PAGE161 - _6
are knowledgeable
of thecandidate!; however,
field officesshould
ensurethat
each aspect of
the candidate's
backgroundcovered
is by
interviewing individuals
who would
bein
a position tocomment
concerning that
person
as
opposedto merely
obtaining "numbers."
Z! Should an office determine thatit cannot locate
sufficient persons
to be
interviewed, the|SIU92shou1d
be
immediately
notifiedby
telephone. Prompt notification
is essentialso theSI
IUI
v'de uidance
and coordination
to the offices involved
in
the
investigation. However,
can pro ig
when
conducting interviews, field
offices are
expecteddetermine
to from
persons interviewed
thenames
of other
_knowledgeab1e_individua1s_and_arrange"to_haverthose
contacted,__Wl__in___n___nn_ pers
if necessary,to fulfill the interviewrequirements.
Type ofBI Interview Standards
ENC None
FFI
av-.»._
Level I Z5 - 30
u.,_4"
Level II 15 - 25
10 - 15
Level III
Five~Year Reinvestigation 5- 7
LUI 5 -10
LI Interviews necessary only

if specifically requested
by
the|SIU|
! Also, field offices are expectedto
conduct whatever
investigation is
required to
thoroughly and
completely address
any
unfavorable information
or
issues developed during
an investigation
to
satisfY the
FBIs obligation toensure that
full and complete
information isdeveloped regarding
the candidate's
suitability for
federal office and/or employment.
EFFECTIVE: 07/21/95
Sensitive
PRINTED: 02/13/98
Sensitive
Hanual of
Investigative Operations and Guidelines PAGE 161 7
Part I
161"? DESCRIBE NATURE OF

EMPLOYING FIRM
-Briefly describe thenature of the businessof employing
firms whenreporting employment
verifications if the natureof the
firm is
not readily apparent.
EFFECTIVE: 01/18/91
161-B AGENCY CHECKS

In Presidential appointment cases, particular attention
must begiven toconducting logical
and appropriate agency checks as
I set
forth in PartII,|l7-6.13,|of thismanual. While FBIHQ will set
leads formany ofthese checks,
the field offices arein aposition to
'ud
JS
ewhich additional local offices of Federal agencies,state,
county or
city government
agencies private
or sources e.g., Better
Business Bureau!
also mightlogically haverecord of complaints or
_ investigationsconcerning the|candidate[orthe businesseswith which
the|candidate|is associated.
Therefore, field
offices should
carefully analyze
the[candidate's[background
conductand
those
additional checks
which coulddevelop information
bearing on
I a|candidate's|character
and fitness
for holding
apositionwith the
Federal Government.
EFFECTIVE: 01/18/91
161-9
CHARACTER| See MIOG, Part11, 17-2,
for character,
classification andalpha designators.!92
l
EFFECTIVE: 01/21/95
i?
Sensitive
PRINTED: 02/18/98
.--4.
o,0-.- _ I -
iSensitive
Manual of Investigative Operations and Guidelines i PAGE

162
Part I ~ _
SECTION 162._ INTERSTATE GAMBLING

ACTIVITIES
162-1 OBJECTIVES '
! Investigations under the Interstate Gambling

Activities IGA! classification are
directed toward ascertaining
the
nature andscope
of gambling activitiesin eachfield office,
including theamount of
illegal participation, the identityand
l__ 19§2£i22_9£_lay0ff_andill§sal_b2£§s
of "line" information and
race
!i5s_£a§ilitiesiIth§_s9urssI,
manner inwhichitis disseminated, the
type
.i_i~
of numbers
game which
isprevalent in certainareas
and
the extent of
corruption facilitating suchillegal
activities.
! Investigations under this classification are
"intelligence-type" inquiries
concerning certain
phases gambling
of
activities andfor conducting
gambling surveys
primarily forthe
purpose developing
of information
all be
to considered
for violations
of Federalgambling statutes
under theFBI's jurisdiction.
EFFECTIVE: O1/31/78
162-2 INVESTIGATIVE PROCEDURES -

! Use of this classification_shou1d confined
be tothe
gathering intelligence
of data
with respect to
gambling activities
and
should not
be
used for generalcriminal intelligenceinquiries.
! New cases onindividual gambling
subjects, developed
asaresult of IGAinvestigations, should
be handled
as substantive
matters under
the appropriate
substantive gambling
statutes, depending
on the nature of the violations.
! Leadsto
initiate investigations mayresult from
informationprovided
by informants, contacts
with law enforcement
agencies and
from public sources.
! It is important that each field office develop a
_well-rounded picture
of theintegral functions
of majorgambling
operations
in their
respective territories. This will requirethat
all field
offices are fully aware ofthe make
up, operationaldetail
and controlof large-scalegambling operations
within their
areas and
Sensitive
PRINTED: 02/13/98
INIIIIIIIIIIIIIIIIIIIIIIIIIIIIII-----___f
4
¬r
Sensitive
of Operations
and Guidelines
- PAGE 162 - 2
Partsl
V, use of interstate wire communication

whether ornot they are making
facilities for gambling purposes.
;9292;
EFFECTIVE: 01/31/vs
162-3 REPORT WRITING PROCEDURESp

II I I II E¢5Ieso¬EEE§é'¥eport§ areidisseminated
and it15
essential that
information included
in them
as furnished
by
confidentialofinformants
identitiesthese be appropriately
sources. paraphrased
Form FD-302 protect
shouldused
beto to all
record the
informationan of
evidentiary
nature including
interviewssubjects
of
andpotential
witnesses whenever deemed
appropriate.
{rm --..
§EFFECTIVE: 01/31/78
92M;H
l6Z'4 CHARACTER
r INTERSTATE
GAMBLING ACTIVITIES
EFFECTIVE: O1/31/78
mg
Sensitive
NNIInIIIIIIIIIIII-IIIIIIIIIIIImIIIIImII---tjr-77 l
R Sensitive _
Manual of
and Guidelines -PAGE 163 1
Part I _
I SECTION
163. CFOREIGN
POLICE COOPERAIION
163"l POLICY _- _
I As many Bureau
cases require
the investigative
assistance
of foreign
police and
intelligence agencies,
the Bureau
will
reciprocate
conducting
by investigations
for such
agencies
the
in
United States.
FBIHQ also
will arrangefor investigations
in the'
foreign countries
covered Les_=l_A§_t3g_119§_l
by
ranastare"a"r"1b¢51'_p<i1ice?
*L - as-=:11q13§,,
g1_1l}?9gba1,i__9§_
____,,_____
all
EFFECTIVE: 10/18/88
163-1.1 Investigative Request

Foreign Police
Cooperation requests
FPC! are
to be
92., accepted in
the followingcategories:
! Requestsof foreign
police and
security agencies
for
coverage
investigative
of inleads
our
field offices
in the
United
States arisingout of foreign investigations.
! Requestsfor name
checks
of Bureau
files
and name
or
fingerp
92
rint searches
the|Criminal
of Information
Services92Division
records. Justice
- -
H- ! Requestsby U.S.
agencies
abroad in matters
handled
by them
providedhave
they adequate
no facilities
to handlesuch
investigations themselves.
' a! Border
offices should
advise FBIHQ
promptly upon
ei tof requestsinvestigation
for ofand
any
action taken
pursuant
thereto. FBIHQ
rec p
need not
be advised
of routine
requestswhich
on
individual cases are not opened.
b! Requests
received at
FBIHQ from
Legal Attaches
and other
sources will
be referred
to thefield_by FBIHQ.
In
the
absence 0 f additional
instructions
or
information
known_the
to field
office
t§§§'
should
which
andwould
the make
it investigation
berequest
inadvisable,
to coverage
conducted.
the should
of logical
The leadsrequested
investigation
be growing
outtothe.
limitedof
the
R
' Sens
itive
' ALL I192l'FOBMA'
comnmrn
PRINTED: 02/18/9&8
BY-ag LASSIF
Q
,
1'* Sensitive
Hanual
Part
I of
Investigative
I Operations
and Guidelines rPAGE163'
2
'
ft'on
developed
Recommendations
S for
additionalinvestigation
outside the
in
orma
scopeof
the original request
1.
should set
be forth
in the
cover letter
transmittingresults
the oftheinvestigationto FBIHQ
and shouldawait FBIHQ
approval. -
EFFECTIVE: 03/05/96
163-Z INVESTIGATIVE
INSTRUCTIONS
PROCEDURES
AND -
7'_ _"__"'i'
'
'
'
"-7 '
7_ 7* '
'7'
14 177""
SIGN ISince investigative
requests received
are Lega
by
Attaches
or
borderoffices FBIHQ
in some
matters! following
the
should be
secured: .
! Brief resume or
background ofcase.
' ! Descriptive data
of
subjects or suspects,
including
,,.--Q photographs, if available.
g.. ' <3! Pertinent information
that will aid investigation.
92
<4!
Aconcise statement ofwhat informationor
investigation is desired.
EFFECTIVE: 10/18/as
I163-2.1 Opening
Foreign Police
Cooperation
- General
FPCI
Criminal Matters
GCM!
92
! The following guidelines
should adhered
be in
all
to
g163A FPCGCM! investigations:
a! Wheninformation received
by the
FBI froma
foreign police
agency contains
no substantive
U.S.
statutory
violation, but
the submitting
agency requires
FBI assistance
in
investigating
acriminaloffense which
occurredthe
in host
country,
the Legatshould
first
assess the nature
of thecrime and
opena163
92
case accordance
in existing
with guidelines,
i.e.,
163A, 163B, etc."
b! Whenahost government police
agency has
.0-
_provided details
which appear
to warrant
statutory inves
iga1
' t'
t've
Sensitive
PRINTED: 02/18/98
Sensitive
Manual
interest by
the FBI,
but areof no
further interest tothe host
government, should
Legats submit
same
in
a detailed communication
to
the appropriate
field office s!. If a field office opens
a
ubstantive case
and assumes
origin, theLegat providingthe initial
s
information should be
so
advised. To facilitatetransmission of
initial information,
Legats should
submit an initial communication
under the zero miscellaneous!
classification ofthe alleged
violation, e.g.,7-0, l96'0,
281-0, etc.;or if the violation
is not
well defined, the 163-0 classification.
if c! When
aforeign police/security agency
provides
'
f t'on
_}D.DrP3_1M E,q..r.uiring
re investigative_lead
._.._ 8 . coverage
- Ftheir
on behal£W__M
which also discloses' potential/existing
a ' violation
of U.S.federal
statutes orinvestigative' interest
within
FBI'
'
purview, Legats sh ou
ld
submit sameunder the

' '
appropriate classification,
'
'
163 '
tth
with
the Legat
FPC as ects
of the
assuming office
of origin statusto
coordina e ep
investigation. This
does not
preclude
afield office from
initiating
" ."'_
aseparatespin-off case
under the
substantive violation,
if
¬.
Y circumstances warrant
same;
however, results ofLegat's inquiries
.., should be
reportedunder
the appropriate 163
classification.
d! Noncompulsory
Letter Rogatory
and MutualLegal
Assistance Treatyrequests
'
facilitated
through' the
Office
M' '
of
International Affairs OIA!, DOJ,fromarespective y trof
inis
Ju stice/Interior
in thehost country and subsequently furnished to
FBIHQ for investigation
'
' the
by
field will be managed
'
' bythe
'
' D'vision
International Relations
S9Ct1On Criminal
IRS!, Investigative
i
CIED, according
to the above provisions.
EFFECTIVE: 03/08/96
, 163-2.1.1 Letter
Rogatory Process
-! OIA, DOJ,
will sendFBIdesignated requests
of a
' '
lnature
d' known
as "letters rogatory"or
"compulsory
investigations/inquiries," directly
JU icia
,
to theAUSA
with instructions for
the AUSA
to contactthe appropriate
federal law
enforcement agenc
Y
,
which willinclude the
FBI,to
assist with theinvestigation. In
the
past, these
requests were
received
..
in
the Internationalaions
.1
Ret.
S t'on
IRS!, Criminal
Investigative Division
CID!, and
sent toeach
YIQ field
office with
instructions
i ec i
coordinate
to request
the the
withAUSA
Iii; 92 6 in the same district.
Sensitive
PRINTED: 02/18/98
!I!Ul!Ill!QIQ!QQQ!;QgQ!Q!HQ!l::Eg!!::Z§§%l%@"@%@£%'T»;_ ,
Sensitive
Manual of
and '
Guidelines
PAGE - 163 -
Part.I
! Uponreceiptof
the request from
theAUSA,
each
office isinstructedconduct
to aglobaland HQ
indices search
eore b f
If the search reveals

a no
record response, the
field
office should
opening the
open the matter
case.
asa163A and assume origin for
'
ti ation If the indices
search reveals
an
office has
already opened
the inves g.
the matter,
each office
will thenuse
' theexisting
ffice of
universal case file number
with theoriginating officeas o
'
'
A1 if theindices search
reveals ongoing
an investigation
under
origin.
so,
adifferentclassification,
.. ..
office
the
.
of
origin should d.
ta
contact
the officewhere the
investigation being
is conducted
to coorina
mwithlthelappropriate- es d kbefore opening ael63A-case._
! Uponcompletionthe
of investigation,
each field
office will
report the
results
to the AUSA
in'
your district which
the' not
provided tasking, '
'
the officeof origin. AUSA
The i w'll be
'bldisseminating
for final
product,
your i.e.,
letterhead
memorandum
responsi e
FD-302orOIAto for
the foreigngovernment requesting the
_,,92 l
Letter Rogatory/Mutual
Legal Assistance
Treaty HLAT! request.
! To ensurethat
foreign fugitive cases meet the
°nts for issuance
of aprovisionalarrest warrant
and
@-
requireme
subsequent
extradition,nofield
investigation in these
' '
matters
tin most
tois
be undertaken
prior toreceipt ofFBIHQ authorization excep
urgent
cases.
Legats or
officeswith border liaison set
mayout such
leads
with appropriate background
and descriptive information withbut
th aveat
that
no
authorization
e c
investigation to be
is
undertaken
isreceived.FBIHQ coordinate
will request
the
untilFBIHQ,
IRS,
with
DOJ, OIA,
to ensure
that
the other. interna
treaty and t.1
iona
considerations are met.
Additionally, will FBIHQcheckwith Interpol
Washington determine
to
tfor afugitive investigation had
been received
by the
USNational
if aparallel reques
Central BureauUSNCB!
ofInterpol and being
is
handledanotherby agency.
If anotheragencyalready
is conduc
ing t.
the fugitive investigation, interested Legatsfieldand

offices will
be advised to discontinue. Any officelocating
aforeign fugitive is
to immediately advise FBIHQ, IRS, andthelocal
USA's Office. The
USAs Office shouldrequested
be to makeimmediate contactwith DOJ
yand OIA. See163-5, ias-5.2.! _
3! For your
information, requests
for investigations
i tht do
NOTrequire compulsory
process will
still bedirected
0 tIRS,
.-: -
92 a
FBIHQ. IRS,
CID, will
remain
'
office
as
'
t
of
origin in
matters which
are
.v'*' conducted solely
onareciprocalbasis a requesfor
pursuant
to
assistancethebyforeign
government OIA.viaFBIHQ
will coordinate
Sensitive
PRINTED: 02/18/98
!!lllllQIQII!llQiQ!QQgE!5!E!====:::======:=:;=:;E;H-¥M&@»¢g91-h§ ,
'-:1.
Lt-.,
Sensitive
2.
Hanual of
Investigative'
Operations
and Guidelines
PAGE 163 - 5
Part I
responsesthe
appropriate
'
' with field office
on behalf
f of
h OIA,
dto and
' OIA. _
responses will
be directed
to IRS
and subsequently
urnis e
! All recipients are
reminded that
these changes
Q
pertain only
to 163A
FPC-GCH investigations/inquiries
an
o no
' d dt
' eduresrelevant to 163B INTERPOL!,

163C
DOMESTIC SECURITY/DOMESTIC
change reporting
proc TERRORISM!,
163E TRACE!
NAME
or cases.
EFFECTIVE: 03/08/96
163-3 REQUESTS
FOR DOMESTIC
SECURITY/TERRORISM INVESTIGAT
Requestsinvestigation
for agencies
by aforeign
of to be
v rnment
concerning domestic security/terrorism matters
II are _
handled under
go e
the captionof "Foreign
Police Cooperation.
Bureau
assistance ' '
' to checksof ureau
willbe limited B files as well as
r"~ records state,
of localand Federallaw enforcementagencies.
._,. _J
EFFECTIVE: 10/16/90
163-4 REQUESTS
FOR NAME
AND FINGERPRINT
CHECKS
Requests received from aforeign police or intelligence
files and/or a search
of Bureau
agency fora search
of Bureau
fingerprint records should bedesignated for
the Executive|Agencies
Subunit Information
Resources Division
IRD!.92 Requests
for asearch
of Bureau
fingerprint records92shou1d
S
onlylbe designated
to
' the|Criminal
Justice Information
Services Division.|
Requests for
a|search92of
files
and/or
Bureau
acheck
of fingerprint records,
which
'
1 u de s arequestfor fieldoffice investigation,
should be
92
designated
to the
attention
also inc
cIn.92
thellnternational
of Section,
Relation
EFFECTIVE: 03/05/96
Sensitive
PRINTED: 02/16/98
._ ._ _'4-1-1_A!L;'_I.}:'4-J|4;LL'-92|;'»4;j~
,..._ _ __
Sensitive

Part I PAGE 163
" 6
163-5 AFOREIGN FUGITIVES
A foreign fugitive cannot be arrested in the United States

basedon
the foreign warrant alone. Sorcalled international arrest
warrants are not valid in the United States. Current United States
law requiresthat aforeign government must
request the arrest ofsa
fugitive from that countryby formaldiplomatic noteand agreeto
J
extradite the fugitive. The fugitive must then be located in a
particular Federal
judicial district, and, thereafter,aUnited States
provisional arrest
warrant
must
be issuedin
that district for his/her
arrest prior
to the actual arrest. !
EFFECTIVE: 10/16/90
-1. 163s.1 Policy|- Moved

to 163-2.1.1]
In-
EFFECTIVE: 03/08/96
1635.2 ACase Captions| See 163-2.1.1.!|

- All communicationsin
Foreign Police Cooperation matters
involving foreign
fugitives will contain thename of
the subjectand
aliases, the character, andthe words"Foreign Fugitive,"followed by
the nameof the foreign country concerned. For example: p
JOHN DOE, aka
Sam Smith;
FOREIGN POLICE COOPERATION
FOREIGN FUGITIVE - FRANCE
'00: FBIHQ
EFFECTIVE: 03/08/96
?¥%
<e~E
es?
Sensitive
PRINTED: 02/18/98
Sensitive

PartI _ PAGE
163
163"6 REPORTING
- Thereputation
of theBureauwithinforeignagencies
will
be directlyaffected
by themanner
in
which FPC casesarehandled.
TheQualitY of the investigations,
the promptness
withwhichthey'are
conducted,and
the accuracy
andcompleteness
of the reportingof the
resultsthereofwill come
directlyunderthe
scrutiny ofofficials of
foreign
police andsecurity agencies.
It is, therefore,
. incumbent
. t.t
uponeachAgent to whom
a caseof this
type is assigned
to inves iga e
it promptlyandthoroughly
andto reporttheresultsaccurately
and
completely.
' _
_.._.._is-_..____
mm-. _i_____..._s7__--
. __v __-i ..- _ ~s7s_-4.
._-es.
-- vs
- -- . 7s _- -I .---- --'57s__-.--k
7 M ! All communications,except LHMs,transmi ing _
Foreign
PoliceCooperation
matter
should include
"Foreign
Police
Coo eration"in the caption,along
with the correctinvestigative
program
P
according
tothealpha
designator,
and
should bemarked
for
theattentionof theparticularunit anddivisionthat is handling
S3158. _
Thealphadesignators
and
an explanationof eachare
as follows: SeeMAOP,
Part
II, 3-1.1, 3-1.2, 10-23;Correspondence
Guide-Field,.l*l7.1.! _
t a! l63AForeign
PoliceCooperation
- General
CriminalHattersshould
bemarked
to the attentionof the
International Relations Section IRS!,
CID.
b! 163B-ForeignPoliceCooperation
- International
CriminalPoliceOrganization
Interpol!should
bemarked to the
attention of the
IRS, CID.
c! l63C~Foreign
Police Cooperation
- Terrorism,
should
bemarked
to theattentionof theDomestic
Terrorism
Unit,
National Security Division.
d! l63EForeignPoliceCooperation
- BureauFiles
andCriminalJusticeInformation
Services
Division
- Information
Requests
should
be marked
to theattention
of theExecutive
Agencies
Subunit,InformationResources
Division IRD!.
"
! |FBIHQ
hasdetermined
thatseveralforeign.police
age
ncies p refer the useof an FDr302
or handwritten
statement
in lieu
of thepreviously
required
LHMswhen
testimony
of theinvestigating
Agent/Officer
is expected.TheFD'302
andhandwritten
statements
have
bee n acce
p ted in foreign
_ courts
'
without
furthertestimony_o£
' t c'ated
the
with travel
investigator, thus, precluding excessive cos s asso i
Sensitive
PRINTED: 02/18/98
A
E!Sensitive _
Part I I- PAGE 163 8
and lodgingwhich must

be borneby the FBI. Therefore, use ofabove
communications are
approved, noting
that useof LHMsare still
Ipreferred
in noncompulsory
cases
since
they provide
areporting
l92flexibility beyond
that ofan FDPBOZ.
All provisions
surrounding the
protection of
sources and
disclosure of
third agency
information
furnished to the foreign governments still apply.
I a! Legats andfield offices are advisedthat lead
Icoveragefor federal government executive
agencies withinthe
' Washington,
D.C., metropolitan
area should
be directedto the
Washington Metropolitan Field Office.
I b! Legats should
obtain all
possible identifying
information on
subjects and
witnesses from
the foreignpolice
agencies
Iso that field offices are able to readily identify, locate, and
interview same.Legats areto ensurethat indexingof pertinent
subjects,et
al., is enteredinto FOIHs.I
- I!IResults of investigation
should be
submittedIvia
»-.s I LHHIor FD-302I original
and fivecopies!Ito the
office oforigin
II I!IDo notuse the
character"Foreign Police
Cooperation"
in LHHs The caption
should be
limited onlyto the subject s! and
aliases and
substantive character
i.e., FinancialInstitution Fraud!.
' Correspondence
See Guide-Field,
2-5.5.6; CorrespondenceGuide HQ,
12-7!.! -
I'I!IHark nondissemination copies

of documents
withproper
classificationlevel
Top Secret, Secret,
Confidential! and
authority
and OADR or declassificationinformation. Mark
dissemination copies
with the
classification level
only and omitauthority andOADR
or
declassification information.See CorrespondenceGuide-HQ, 12-1,
'12-3, 12-7!-!
II!INo classified information
may be
included when
the
_LHH is
submitted through
Interpol channels.Dissemination of
classified informationgenerallyismade toforeign governments when
information disseminated
may serve U.S. nationalsecurity or
policy
interests.
II I I!IThe property statement

should appear
on LHMs
being
disseminated
to aforeign government. I See
Correspondence Guide-
IFBIHQ,
12-2, 12-4;
Correspondence Guide-Field,
2-5.3, 2-5.5.2.!I
{FigII 8!IDo not include thenames
of lawAgents
W enforcementofficers in the LHH.Agents and
law, and
enforcementofficers
Sensitive
PRINTED: 02/18/98
xx
H
..
1'. fl
5;-.. Sensitive
Manual ofInvestigative Operationsand Guidelines .

Part I iPAGE 163 - 91 J"
I should be
identified in the cover communication.
~- "=.~>z2i1.¢~-~*<'-=:==*
A ~ .
TE -| | 9!|l5formation from confidential~ pupcga$3Q§stechniques;;{
musbe
0tparaphrased
identities. _Hhen,such_
_a'T_;qway'
reporting as: "ful
to
information
from an.iqfo£gant§~do.not-qse¬%k
~l"4?""""!"'
"*w~~ --'-~_,
3- ' .~.;..----
~..--.+ _ , i ' "* =-P" ._ ...r=~ 3-~;."'
1-'
"THfsymbo1§?bfth§?$Brdsisource"
,.g92Or-
i I--F:-=1"
or
"informant.1. The
H,,,,.,..¢...-»--=|-.;=-w'==192-_-
phrase Fr
-,-3 ~."""*',*-P-P'>"
_
"inve§Ef§§§%§h§?di?losed.aof§s1milar m,
.
-m.I;£i.';=; _:_-:_:i'.'::__._92.:!;';:;=;.,.
.__1--J?-~~
1- " ' wording
shoul
J _l] ;_se
-'""'--"~------ -----i--...-..._... V e
i1-___
iv
I | l0!|Personal addresses in the United States and Social

Security Numbers are to be omitted on LHMsunless they are pertinent
to the inquiry.
.t ._l -.___._._._._m.m.
___________
m_.__.-.- _ . 1
|1!|If the request concerns information from a loca ,
state, or other federal government agency, include inthe LHH only the
information which that agency is willing to have furnished to the
interested foreign government. Astatement should be included in the
cover communication indicating authority has been secured and the
agency hasagreed to such
dissemination.-
[2!|In applicant-type investigations for foreign
i agencies, no reference should be madeto the applicant's loyalty
to
_. the United States. In such cases, inquiries should be made as to
whether the applicant is loyal to democratic principles.
| l3!]Signed statements in foreign countries should
be
taken only when specifically requested or when goodjudgment dictates.
If feasible, secure aforeign police officer to witness the signing of
the statement. See Part II, Section 23-8.2 8!, 9!, and 0! of
thisimanual.!
|4!|Results of
routine investigation conducted by FBI
field
offices on behalf
of aforeign government mustreach FBI
Headquarters within 60 days from the date of theBureau comunication
which forwarded the request, unless ashorter deadline is specified.
Legal Attaches are given 90 days to respond.
'
-| l5!|Avoid using dual characters. If a foreign police
cooperation request develops into a substantive Bureau case, the
character "Foreign Police Cooperation" should be dropped and the
proper
character used.
I |6!lA1l Bureau
instructions concerning investigations and
report writing are applicable to
this classification, unless
specifically modified herein.
Sensitive
PRINTED: 02/18/98
D F- _. " '
. J-L.---_-. ----_.-4.~+t:~~---»->_s-u_;;4-_--_.~_H_'_~r_~.|-
. . ». A-W, ____
. . __. ;__
>1? Sensitive

Part I PAGE 163 -10
EFFECTIVE: O3/O8/96
163-7 RULE 6! MATERIAL
- Grand Jury material should not be disclosed to

representatives of foreign governments. If foreign government
representatives cannot conduct the investigation without Grand Jury
material disclosure, the field office from which the lead originated
should have the attorney for the government inthe district where the
GrandeJury~wasconvened petition the-courtfor~a court order ~-- = c"g
directing disclosure pursuant to Rule 6 e!! C! i!.|
EFFECTIVE: 10/18/88
163-3 PRIVACY ACT
! The Privacy Act of

1974 does not preclude
dissemination of information to aforeign government- The act's
coverage is limited to records in asystem of records containing_
retrievable information about U.S. citizens or aliens
lawfully
admitted for
permanent residence inthe United
States. The Privacy
Act has no application ifrecords sought to be reviewed do not
contain personally identifiable and retrievable information. The FBI
Centra1»Records System encompasses all
centralized records of not
only FBI Headquarters, but our field
and Legat offices.
! Dissemination of
information from FBI Central Records
Systems to aforeign government is proper when
the following
conditions have been met:
a! Information is disclosed to alegitimate agency

of aforeign government; '
'
1
- b! The FBI determines the information isrelevant

to the
agency's responsibilities;
c! Dissemination serves the best interests of the

U.S. Government;
_1* d! The purpose inmaking thebdisclosure is

~,__ 92
compatible withthe purposefor
which the information was collected.|
¬;§92
Sensitive
PRINTED: 02/18/98
ma
-"QB;
53} Sensitive
Hanual of
Part I ' PAGE 163
EFFECTIVE: 10/13/88 g
163-9 RIGHT TO FINANCIAL PRIVACY ACT l
! The Right to Financial Privacy Act controls the U.S.

government's access
to financial information in
financial
institutions. Foreign governments frequently request access to the
financial records of
individuals in the United States in connection
with criminal inquiries. Arequest from a foreign
government for
financialWrecords_mustnemanate_£rom_a_foreigniadjudicativeibodys _.
___ e
foreign court! in
the form of aletter of
request. Upon receipt of
such a request from aforeign government, the Department of
Justice,
Office of
International Affairs, seeks acourt order under Title 28,
USC, Section 1782.
The order directs afinancial institution to
deliver the information to the Department of Justice for transmittal
to the foreign government.
-92-
e ! Accordingly, requests emanating from
foreign
governments for financial
records maintained inU.S. financial
..
institutions, should be submitted through diplomatic channels directly
to the Department ofJustice, Office of
International Affairs, or may
be forwarded tolFBIHQ, Criminal Investigative Division, International
Relations Section.| -
EFFECTIVE: 03/05/96
.|i 16310- INTERNATIONAL CRIMINAL POLICE

ORGANIZATION INTERPOL!|
EFFECTIVE: 10/18/33
Sensitive
- -4 -- - :- s.nu:-0=|;_-_--'+_-H: -LI-Id'-
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Manual of
Part I _' PAGE 163 - 12
163-10.1 Background| See Legal

Attache Manual, 6-9.!|
! Interpol has a membership composed of
147 countries.
It exists for the purpose of facilitating international criminal
investigations. By providing acommunications channel among the
member countries, Interpol provides afull range
of law enforcement
services from records checks to the accomplishing of complex criminal
investigations. Interpol will, upon request, transmit a worldwide All
Points Bulletin APB! or issue an internationaliwanted notice to
locate and effect the arrest of
international fugitives.
! Interpol member nations will only cooperate in

criminal matters, which include acts ofinternational terrorism. No
classified, source sensitive, or foreign counterintelligence
information will be accepted for investigation. _
! The constitution of
Interpol strictly prohibits
1-.
involvement by the organization in political, religious, racial, or
military matters.
! The U.S. National Central Bureau USNCB! of

Interpol
is
located within the Department of Justice and is operated jointly by
the Departments of Justice and Treasury with amembership composed of
representatives of the FBI; Bureau of Alcohol, Tobacco and Firearms
BATF!; Drug Enforcement Administration DEA!; Internal Revenue
Service IRS!; United States Marshals Service USMS!; Postal
Inspection Service;-Secret Service; Office of the Inspector General,
Department of Agriculture; and the Department of State.
! The USNCB of Interpol has access to and isable to

check
many electronic indices and data bases
through in-house
terminals. These
include: FBI National Crime Information Center
NCIC!; FBI Criminal History Records Interstate Identification
Index!; Drug Enforcement Administration DEA! Narcotic and Dangerous
Drug Information System NADDIS!; U.S. Treasury Enforcement Computer
System TECS!; USNCB Interpol Case
Tracking System ICTS!;
Immigration and Naturalization Service INS! records; all drivers
license and vehicle registration records of 50 states.
! |The|responsibility for Interpol matters|is handled

by
the International Relations Section IRS!, CID. The IRS is the
Bureau's designated point of contact with the USNCB
<
Sensitive
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92
.
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Part IPAGE 163 r13
BFFECTIVE: 03/05/96
1631O.2 Policy See Legal Attache Manual, 6-9.! . p

! FBI
requests for foreign investigation
of matters
involving substantial FBI interest in all FBI Programs will
be handled
by our Legal Attaches Legats! unless there is an excepted concurrence
of FBI Headquarters FBIHQ! and the appropriate Legat. All matters
under our National Foreign Intelligence Program; sensitive matters,
such
as source protection;-classified matters; and civil rightsa@--
matters are to
be handled by our Legats.
! Nhere the
FBI is not formally accredited and where
the FBI does
not have formal representation, investigative requests
from the FBI to aforeign country willbe handled by Bureau
representatives at
Interpol or the
Department of State.
! With the
concurrence of the appropriate Legat, or at
his/her request, simultaneous criminal FBI investigative leads in
multiple
countries, requiring expeditious handling, will be handled by
Interpol. l
p! Foreign criminal record check requests involving auto

registration, drivers licenses, birth
records, passports, outstanding
warrants wants!, and criminal history arrest records! in which
the
request requires no additional investigation will, for the most part,
be handled by Bureau representatives at Interpol.
! The handling of all requests by foreign countries for

criminal investigative assistance tothe FBI
will be left to
the I
discretion of our Legats. '
-! Legats may wish to handle matters from foreign

governments, which
are insubstantial, through direct contact with
the
foreign Interpol channel.
, ' ! Frequently, situations arise whereby foreign police

entities request Legat assistance and/or involvement on
their
investigations and simultaneously request assistance in the same ;
investigations through Interpol, USNCB, Washington, D.C. In those
situations where
the Legat suspects that
dual requests are likely to
occur, Legats are requested to
ensure that
the foreign police entities
§% indicate on Interpol communications that there has been previous
coordination with the Legat and/or investigative action by the FBI in
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Part I .- PAGE 163 14
the U.S. This will ensure the matter is

handled by the FBI
representative to Interpol, as opposedto
some other agency
representative.
8! FBI field offices on

routine investigative matters
are to communicate withInterpol, USNCB, viallnternational Relations|
Section| IRS!,|Crimina1 Investigative Division CID!, FBIHQ. No
direct communication to
the USNCB by the National Law Enforcement
Telecommunications Systems NLETS! or
other means is to be undertaken
by Bureau field offices, except in urgent matters by telephone to the
FBI representative at the USNCB.' Telephonicinquiries in such .
instaosssimuatmbswsgnfirmsdiby.tsl§Lyps_£9.f§l§Q- SLaLeIanQ_lp§al_las
enforcement agencies within the U.S. may contact the USNCB viaNLETS
or other available systems to request investigative assistance.
Legats can directly access USNCB, Washington, D.C., via their "
Embassy's telecommunicationssystem. The FBI representative at
the
USNCB will, upon receipt of arequest by telex,
set forth
leads to any
foreign NCB on behalf of the Legat. Legats may, at their discretion,
utilize the Interpol NCBs in the various countries in
their
92
territories to assist
them in covering criminal leads.
I.
.-- 9! All communications inreply to Interpol requests or
from the FBI requesting Interpol assistance will be by LHM with a
cover|electronic communication,|unless circumstances dictate the use
o£_a teletype. Regardless of character, the titles of all
communications concerning Interpo1related matters should contain the
additional character "Interpol," and when directed to FBIHQ, should be
to
the attention of|IRS,|CID.
' l0! Requests from field offices for Interpol record
checks maybe submitted to FBIHQto
the attention of|IRS,[CID,_by LHM
or, in urgent cases, by teletype. All available identifying data
regarding the individual should be included inthe LHM, along with a
statement indicating the type of criminal activity under
investigation. Such astatement is required to ensure that the
request falls within
the Interpol Constitutional guidelines. Such
record checks will include Interpol files at USNCB, the General
Secretariat in Lyon, France, and, when requested, specific Interpol
member'countries.
EFFECTIVE:~03/05/96
'91».
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PRINTED: 02/18/98
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Part I= _ _PAGE 163 -1s '
163-10.3 International Notices
_! International Notices are published by Interpol to

provide the police services of
all member countries, via their NCBs,
with information about persons and property. FThe Interpol General
Secretariat validates these notices every
five years.
! The six types of International Notices are described
as follows:
a! RED NOTICE - Red Notices request the arrest of a

subject withla viewWto_extradition.n-These_notices.provide detailsrofw
the charge against asubject, along
with warrant information and prior
criminal
record. The USNCB requests the Interpol General Secretariat
to issue Red Notices only after
review and approval of the Department
of Justice, Office of International Affairs.
b! BLUE NOTICE - Blue Notices request information

7 regarding aperson, such as his/her criminal record or verification of
-.~
pi.| his/her identity. They are also used to locate missing persons,
locate acriminal who has not been
fully identified, or
to locate a
wanted person whose extradition may be requested.
c! GREEN NOTICE - Green Notices disseminate

information about persons who have or are likely to commit crimes
affecting several countries and who maybe in those countries.
Specific details are given
regarding prior
arrests and convictions.
.Green notices are issued concerning only important international
criminals.
d! BLACK NOTICE - Black

Notices provide information
about unidentified bodies of
deceased persons who were probably using
false identities. Photographs of the body, description, fingerprints,
and dental charts, as
well as other identifying information is
included. I _
e! STOLEN PROPERTY NOTICE - Stolen Property Notices
provide information about
stolen property on
recovered property
suspected of being stolen. In the case
of works of
art or
cultural
objects, a photograph or detailed description is
included along
with
facts concerning the theft or
recovery.
£! nonus OPERANDI NOTICE Modus Operandi Notices

1?
provide information concerning the modus uperandi, procedures and
Q hiding places used by international criminals. These notices also
av serve
to centralize such information at the
Interpol General
Sensitive
PRINTED: 02/13/98
-- 11~-1-92--§.nunn-u-1--
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Manual of Investigative Operations and92Guidelines

Part I PAGE 163 - 16
Secretariat to
assist in analyzing worldwide criminal activity.
_p ! All requests for the issuance of an Interpol

International Notice will be forwarded to FBIHQ, Attention:
International Relations Section, CID,|in LHMform
with a
coverlcommunication. The cover|communication|will set forth
sufficient background and justification for such arequest to permit
FBIHQ to make adetermination whether the request should be forwarded
to
Interpol, USNCB. Include in the cover[communication|the name of
the Assistant United States Attorney handling the case
and his/her
opinion regarding extradition. In UFAP cases, list local
warrant
information_first_and.list the
name, address,;and.telephone numberlofl._- _________m_
the local
prosecutor.
! LHMs requesting the issuance of aRed Notice will

contain the usual case title, abrief summary of the investigation to
date, and the
following numbered and captioned paragraphs:
Present family last! name

Family name at birth or previous family name
_- I Forenames A
Aliases and nicknames
Sex
Date of birth
Place of birth
Father's name
Mother's maiden name
Nationality indicate confirmed or not
confirmed!
ll. Identity indicate verified or not verified!
12. Occupation
Areas, places,
Date of photograph
or countries subject may visit
13. Identity documents type, number, date and place
14.
-15.
of issue!
-16.
17. Detailed physical description

18. Characteristics habits,
Languages spoken
mannerisms, etc.!
vii " 19.
y Warrant information this information must be
provided for each and every warrant outstanding for the subject!
a. Warrant number s!
b. Date s! of issue
c. Court s! of issue
d. Federal or state criminal citation s! i.e.,
Title 18, usc, Section 659!
_-x1%._:......__. -__....:;e
..__A- ._...-._.>_
__... A 7,_ _._..+» __
...._~ ___ 1__._,V__L_._,__._i.-_.~_1__..
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if Sensitive
Manual of
Part I ' PAGE 163 - 17
Interstate Shipment!
f. Maximum penalty for
each charge or
sentence,
ifalready convicted
g.
Name of prosecuting attorney familiar with
facts of the case and his/her official address and telephone number
20. Summary of the facts of the case date, place,

modus operandi!
21. Name s! of
accomp1ice s!
22. Previous convictions date, place, charge,
sentence!
! Three clear
copies of
the subject's photograph must
accompany the LHH. FBIHQ will automatically provide Interpol acopy
of
subject'sfingerprints from|Criminal Justice Information
Services|Division records.
! LHMs requesting Blue or Green
Notices should follow
the same format as for
Red Notices with the omission of
nonapplicable
information.
....»' a! Blue or Green

Notice requests concerning
criminals who have not been fully
identified or who are wanted and
whose
extradition may be requested should substitute the following
paragraph information}
1. Family name
2.
Forenames
3. Date and place of birth
indicate if
verified!
Father's name
Mother's maiden name _
Harital status
Spouse's name
Identity documents type, number, date and
place of issue! -
9. Occupation
-10. Nationality indicate ifverified or
not
verified!
11. Identity indicate exact or uncertain!
12. Aliases and nicknames
13. Previous addresses with dates
14. Types of
crimes committed and modus
operandi
15. Detailed physical description
16. _
Languagesspoken
gg
»17. Reason
and
for date
oflast
arrest and date
~- ~ .92.cI92I92!'*U'P"""I7V-I"l' _. __..
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ii 1- FL. H P ../.'
__ _| _L __ i_ rd
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Part I ' _PAGE 163
of
release Blue Notice requests concerning_missing persons should
contain adetailed account of
the disappearance!
18. Previous convictions date, place, charge,
sentence! ' ' A
19. Address to which subject intended to go
after release
_b! Dental charts, if available, should accompany

missing person Blue Notice requests
in addition to photographs.
c! Offices contemplating the submission of a

request-for~a~Stolen_Property-Notice_invo1vingsworks~of-art~or_L -_-4~~~ _e
cultural property
should communicate with the|IRS, CID,|for details of
the descriptive information required for such notices.
! The information contained in LHHs requesting the

issuance of
International Notices will be subjected to close scrutiny
and verification at
FBIHQ, and LHMs requiring changes will be returned
to the field
for resubmission.
8! Upon issuance of an Interpol International Notice, a

copy will be provided to the office of origin which will be
responsible for the immediate notification of FBIHQ by LHH of any
change in the notice information, including the apprehension of a
fugitive orthe recovery of
all or part of any stolen property. All
Legats will be provided a copy of
Interpol International Notices
issued at the request of the Bureau and
will be notified by FBIHQ
of
modifications or cancellations thereto.
EFFECTIVE: 03/05/96
163-11
OFFICE or ORIGIN See MAOP, Part 11,
10-16.2!.!
! Legal Attaches will be the office of origin O0! in

all 163 cases which do NOT require Bureau assistance/input. '
! Ilnternational Relations Section IRS!, CID,|wi1l

continue to function as the originating office on Foreign Police
Cooperation requests from theforeign law enforcement representatives
based in Washington, D.C.
l63A!; on requests made
by foreign law
enforcement through Interpol 63B!; and on foreign requests_made
through the Office of
InteI3tiOn31 Affairs OIA/DOJ!. |IRS, CID,[wi1l
continue to assist
operational leads
through the
Interpol channel.
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:.-4.
53*.
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1

Part
I E S PAGE 163 - 19
I a! The Executive Agencies|Subunit|will handle all

163E record
check requests to be
conducted at FBIHQ. The originator
of the request will be the 00. _
I- '
b! The
Bureau App1icant|Investigations|Unit BAIU!
will handle 63E! applicant/background investigative requests in the
United States on behalf of foreign governments. These
applicant/background foreign government
investigative requests are on
United States and non-United
States persons who are either themselves
or are.relatives of persons who are being considered for sensitive
positions in thevoreignvgovernment andbrequire security clearanceshug
The originator of
the request will be the O0. i
I n c! The Domestic Terrorism Unit,|National

Security|
Division, will retain
00 status in all 163C Domestic
- Security/Terrorism DS/T! investigations. i
_-
= EFFECTIVE: 03/05/96
[|16312| CHARACTERFOREIGN
POLICECOOPERATION
EFFECTIVE: 10/18/88
"'-tbs
é§
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492
.
,4-
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Manual of
Part I PAGE 164 l
SECTION 164. CRIME ABOARD'AIRCRAFT
164-1 BACKGROUND
1 ¢
! As a result of several aggravated incidents aboard

commercial aircraft/during 1961 which included the first actual '
hijacking of
an aircraft in
the United States, Congress on
September
5, 1961, passed an amendment Public Law 87-197! as embodied in the
Federally, 'ni$_t§Q1$gsW=1_L1ji_t1e_
imi , 42_ U56 _$e9ti9_11_14ZZ
,. This _______i. ____
___
statute specifically designated the FBI to investigate violations of
aircraft piracy and related criminal acts as contained in
subsections
i! through n! of
this statute. |Title 49, U.S.
Code, Chapter 465,
addresses crimes committed aboard aircraft to
include aircraft
piracy, interference with.flight crews, carrying weapons or
explosives aboard aircraft and false information and threats. .
Chapter
465 replaces subsections i!, j!, !, m!, and n! of
Title
x-.
49, USC, Section 1472 Public Law 103-272!, which also moved the
section concerning the FBI'sexclusive jurisdiction over those
.4 offenses from subsection 1472 ! to Title 28, USC, Section 533.!
! As aresult of several incidents
where accidents 4
involving common carriers resulted from operators being impaired by
alcohol or drugs, Title
18, USC, Sections 341,
342, and 343, were
enacted to address the obvious concern for public
safety.
! Executive Order
12564, dated 9/15/86, entitled "Drug
Free
Federal Workplace," facilitated drug screening of
airline pilots.
EFFECTIVE: 12/23/96
164-2 STATUTES
Title 49, USC, Section|46314 or Chapter 465 and Title 28,

USC, Section 538;|Title 18, USC, Sections 341, 342,
343; and Executive
Order 12564.
'3
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Part I PAGE 164
EFFECTIVE: 12/Z3/96
164-2.1 Section|46502. Aircraft Piracy
|" a! IN SPECIAL AIRCRAFT

JURISDICTION.-f! Inthis
subsection-
- " A! aircraft piracy meansseizing or

exercising contrglggfwanwaircraftgin_the special_aircrafth__m__m .
jurisdiction of the United States by force, violence, threat of force
or violence, or any form
of intimidation, and with wrongful intent.
I " B! an attempt to commit aircraft piracy is in

the special aircraft jurisdiction of the United States although the
aircraft isnot in flight at the time of the attempt ifthe aircraft
would have been in the special aircraft jurisdiction of the United
_'
States had the aircraft piracy been
completed. "
"! An individual committing or

attempting to commit
aircraft piracy-- _ s
" A! shall be imprisoned for at least 20 years;

or
" B! notwithstanding section 3559 b! of title

18, ifthe death of another individual results from the commission or
attempt, shall be put to death or imprisoned for life."
" b! OUTSIDE SPECIAL AIRCRAFT JURISDICTION--! An

individual committing or
conspiring to
commit an
offense as defined
in the Convention for the Suppression
of Unlawful Seizure of
Aircraft! on
an aircraft in
flight outside the special aircraft
jurisdiction of the United States-- »
or *
" AD shall.beimprisoned for
at
least 20 years;
" B! notwithstanding section 3559 b! of title

18, ifthe death of another individual results from the commission or
attempt, shall be put to
death or
imprisoned for life.
its "! There isjurisdiction over the offense in

paragraph ! if-
Sensitive
Sensitive p
Manual of
Part I , lPAGE 164 -3
" A! anational of the United States was aboard

the aircraft; ~
" B! an offender is a national of the United

States; or
" C! an offender is afterwards found

in the
United States.
"! For purposes of this subsection, the term

____U_lnatipnal_of_the_Hnited States[_has_the_meaning_prescribed_in_Sectionm__ _m__n_________
lO1 a!2! of the Immigration and Nationality Act 8 U.S.C.
1101 a!2!!
."|
EFFECTIVE: 12/23/96
1642.2 Section|46504. Interference With Flight Crew Members

|and|Flight Attendants
|"An individual on an
aircraft in the special aircraft
jurisdiction of the United States who, by assaulting or
intimidating
aflight crew member or flight attendant of the aircraft, interferes
with the performance of the duties of the member
or attendant or
lessens the ability of the member
or attendant to perform those
duties, shall be fined under title
18, imprisoned for not more than
20
years, or both. However, if adangerous weapon isused in
assaulting or
intimidating the member or attendant, the individual
shall
be imprisoned for any term of years
or for life."|
Public Law 101-164, passed ll/21/8?, amended Section 404
of
the Federal Aviation Act of
1958 by prohibiting smoking on domestic
airline flights scheduled for six hours or
less. Violations of
these
restrictions are investigated and reported to the Flight Standards
Group of the FAA and not the FBI. However, it is possible that a
violation of
Section|46504 formerly 1472 j!!|could occur, should an
attempt to
enforce the "No Smoking" restriction by aflight crew
member, or attendant, evolve into an assault, intimidation or threat
towards that
crew member or attendant. Should such an incident occur,
FBI investigation would
be warranted.
Sensitive
A PRINTED: 02/18/98
; ----' ~ ' **i1gggl;;~:g§@.;__}--in-»
-»-s;.92-'--
---._;- -s-¢s_-92'-g_;g_-a4._n-§.i;d,>---'92-*---R;-'
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s--__
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Sensitive

Part I ' PAGE 164 -
EFFECTIVE: 12/23/96
164-2.3| Section|46505.I Carrying|a Weaponor Explosive on an

Aircraft
I
92 " s! DEFINITION.-In
this section, loaded firearmmeans
astarter gun or aweapon designed or converted to expel aprojectile
through an explosive, that has acartridge, a detonator, or powder in
the_chamber,_magazine,_cy1inder,wormclip. __~WM as "t"_
Y
" b! GENERAL CRIMINAL PENALTY.An individual shall
be
fined
under title 18, imprisoned for not more than ten
years, or
both
if the individual-
" l! when on, or attempting to get on, an aircraft

in, or intended for operation in, air transportation or intrastate
air transportation, has on orabout the individual or
the property of
C
the individual aconcealed dangerous weapon that is or
would be
accessible to the individual in flight;
92
"! has placed, attempted to
place, or
attempted to
have placed aloaded firearm on that
aircraft in property not
accessible to passengers in flight; or
"! has on or about the individual, or has placed,

attempted to
place, or attempted to have placed on
that aircraft, an
explosive or incendiary device. _
" c! CRIMINAL PENALTY INVOLVING DISREGARD FORHUMAN
LIFE.
--An individual who willfully and without regard for the safety of
human life, or with reckless disregard for the safety of human life,
violates subsection b! of this section, shall be fined under title
18, imprisoned for not more than 15 years, or both. I
" d! NONAPPLICATION.""Subsection b!! of

this section
does not apply tor-
"! alaw enforcement officer of aState or

political subdivision of aState, or an officer or employee of the
United States Government, authorized to carry arms in an official
capacity;
"!
another individual the Administrator of the
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_ ..-_ ----. ___ _ -M 1|.1!'II&#
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. Part
I . ' PAGE
164 5
Federal
Aviation
Administration
byregulation
authorizes
to carrya u
dangerous weapon
in air
transportation or
intrastate air
transportation; or
"! an individualtransporting
aweapon excepta
loadedfirearm!in baggage
notaccessible
to a passenger
in flight if
theair carrierwasinformed
of thepresence
of theweapon."|
EFFECTIVE: 12/23/96
[164-2.4] Section|46506.
Application
of CertainCriminal
Laws
to
Acts on Aircraft
i p"An individual
on anaircraftin thespecialaircraft
jurisdiction
of theUnited
States
who
commits
anactthat- p
"! if committed within the specialmaritimeand
territorial jurisdiction of the UnitedStates as definedin Section
7 of Title 18!would
violatesection113,114,661,662,1111,1112,
1113,or 2111,or Chapter
109Aof title 18,
shall be filed undertitle
] 18,imprisoned
under
thatsection
orchapter,
or
both; or ;
"! if committed
in the District of Columbia
would
violate section
9 of the Act of July29, 1892
D.C. Code,sec.
22-1112!,shall
be finedundertitle 18, imprisoned
undersection9
of the Act, or bQrh."]
!As enumerated
in Title 49, USC,|46506,|Title
1s,
defines the following violations:
Section
113. Assault
Section
114. Maiming
Section 661. Embezzlement and Theft
Section
662. ReceivingStolen Property
Section llll. Murder
Section
1112. Manslaughter
Section 1113. Attempt
to CommitMurder or
Manslaughter p'
Section 2111. Robbery 1
Section
2241. Aggravated sexual
abuse
giqm Section 2242. Sexual
abuse
{@§% Section
2243. Sexual
abuse
of a minor
or ward
Sensitive
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-.-,92..;'_; -1' Sensitive 1
2;,.V"'

Part I .PAGE 164 6
Section 2244.
Abusive sexual contact
|Section 2245. Sexual abuse resulting in death
See MIOG, Part 1, 45-2 and 70-2.![ -
! As referred to
in Title 49,
USC, Section|46506,I
Section 22 1112,
D.C. Code states:
" a! It shall not be lawful for any person or

persons to make any
obscene or indecent exposure of his or her person,
or to make any lewd,
obscene, or
indecent sexual proposal, or
to
commit any other lewd,obscene, or
indecent act in the District of
Co1umbia,.underipenalty of.not.more than $300
fine,.or imprisonmentiof
not more
than_ninety days, or both,
for each andevery such offense.
" b! Any person or persons who shall

1 commit an
offense described in subsection a!, knowing he or she or they
are in
the presence of achild under the age of sixteen years, shall
be
punished by imprisonment of not more
than one year, or fined in an
amount not to exceed $1,000,
or both, for each and every such
offense."
EFFECTIVE: 12/23/96
1642.5 Section|46507.| False Information and Threats

An individual shall
be fined under title 18,
imprisoned
for not more than 5 years, or both, ifthe individual-
"! knowing the

information to
be false, willfully
and maliciously or with reckless disregard for the safety of human
life,
gives, or
causes to
be given, under circumstances in which the
information reasonably may be believed, false information about an
alleged attempt being made or to be made to do an act that would
violate section 46502 a!, 46504,
46505, or 46506 of this title; or
"! A! threatens to
violate section 46502 a!, 46504,
46505, or 46506 of this title, or causes a threat to violate any of
those
sections to
be made; and '
carry out the threat

" T! has
II
the apparent
determination
willto
and
' Sensitive
PRINTED: 02/18/98
F
. Qt
gggi-.
' Sensitive
Manual of Investig
ative Operations andGuidelines
_ PAGE 16b i 7
Part I
EFFECTIVE: 12/23/96
16a-2.6 [Moved
to 1ea<2.1T
'.
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| Title 28, USC, Sect

-16a-2.7
Piracy and RelatedVion 538.Investigation of
Aircraft
iolations
" "The Federal Bureau
or of Investigationshall investigateany
violation of Section 46314
Chapter
A65 of
Title 49."|
EFFECTIVE: 12/23/96
|1642.8 |Venue
'.
d'n
Venue provisionsare containe 1 the FederalRules of
ter 211
92
Criminal
Procedure andof Title18, U.S.
Chap Code.92
EFfECTIVE: 12/23/96
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' ~l Guidelines
and PAGE 164s :1,-
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.-;.--q:
Part I
164-2.9 Title
18,of
aU.S.
OperationCode,
Sections
Common 341,
342,
and
Under
Carrier343. of
Influence
the
§"-.1
-~: Ev?
...~,r
~".-.;
Alcohol or
Drugs _
! Section
341
- defines
common
a tocarrier
include
an .-
air commoncarrier.
I -! Section- 342
states
"whoever operates
or directs
operation
any acommon
carrier
of92j
controlled
substance,
as under
the
while
defined
in influence
Section
102ofof
thealcohol
or
Controlled
Substances
TitleAct
U.S.
21, Code,
Sectionshall
802!,bez"
-
___,.__-_.__._ _-.__J7
.7 V _
92 I-ii
I E-*1
KL.
a! imprisoned
not more
than fifteen
years -+
@-
b! or fined under
this title
c! or
both
C, ! Section
343
r states
for
the purposes
ofthis
statute:
a! an
individualawith
blood
alcohol content
of
.10 percent
ormore
shall
be presumed
be under
the
to influence
of
alcohol; and
. b! an individualshall
be presumed
to
beunder the
influence
drugs
ifof
thequantity
of
the drugthe
in system
of
the a
individual
processes,befunctions
motorwould
sufficient
ofor tothe
impair
theindividual.
perception,
average mental ,,_
1
-.
we
EFFECTIVE: 04/19/91
l642.l0 Executive
Order 12564
- Drug-Free
Workplace
! Executive
Order 12564
facilitatesrandom
the drug
screening ofairline pilots.
~! The Order
specifically
states
"Drug testing
shall
not
be conducted
pursuant
to
thisOrder
for
the purpose
of
gathering
evidence
for
usein criminal
proceedings." T
! Prosecution
ofapilotorcrew
member
cannot
based
be
solely
on
theresults
of
air-carrier
drugrscreening
mandated
as unde
Executive Order
l2564.92
Sensitive
' ' .-._,: _
Sensitive
Manual
Investigative
of Operations
and Guidelines PAGE I64 -
Part I
EFFECTIVE: 04/19/91
164-3 DEFINITIONS
| Title U.S.
49, Code,
section 46501!
1
92
"!
moment
aircraft
external
all are
flight
doors
in
closed
means
an aircraft
from
following boarding--
the
_._,i___7__._.-
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" IO through
the_w1;1e_n__oneu_
aircraft;
the_ jlogegtw
or _____e_;<_ti1f
___
___4f__
" B! until,if aforced
authorities
over
take for landing,
responsibility
the competent
aircraftindividuals
and
i andproperty on
the aircraft.
"! specialaircraft jurisdiction
of the
United
States includes
any the
of following
aircraftflight:
in
p " A!
l
acivilaircraft
theofUnited
States.
U 1" B! an aircraft
of the
armedofforces
the
United States.
i" C! another in aircraft
the
United States.
i " D! another aircraft
outsideUnited
the States
92
__
.
I " i! that has
its next
scheduled destination
or last
place
departure
of in
theUnited ifStates,
the
aircraft next
landsinthe United States;
" ii! on which
an
individualcommits an
offensedefined
as theinConvention
for the
Suppression
Unlawful
of
Seizure
of Aircraft!
if the
aircraft in
lands
the
Unitedwith
States
the individual
still on the aircraft;or
l
' " iii! against
whichindividual
an commits
an
offense
ISafety as
oftheCivil defined
in the
Convention
for subsection
d! Unlawful
or
Suppressione! of
article
of section
I, the
against
Acts
. . of . Aviation!
. if the
. ' aircraft
.. lands
in the. Unite
dst a
teS
1 with
the individual
still on
the aircraft.
Sensitive
PRINTED: 02/18/98
1, SI AO.
Sensitive
PartInvestigative
I of
Manual and GuidelinesPAGE
Operations 164
" E! any
other aircraft
leased without
crewato
lesseeprincipal
whoseofplace business
is in
the United
States or,
if
the
lesseenot
permanent is
doeshave
aprincipal
residence
place
inthe United
States.
business,
of whose
"! anindividualan
commits
offense
as defined
in
the Convention
for Suppression
the Unlawful
whenindividual,
the onwhen
an
of Seizure
Aircraft!
aircraftflight--
in
f " AJ exercises
seizes, byorform
any
control of,intimidation,
toof
attempts
seize unlawful
or exercise
_<==>=192;_£.§>__1
t_=._..,<21-;_.i_i.,_.i1_.i_i.
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_,i_r ,_r __..__._ __,.__s--"
" B!isan
accomplice
of an
individual referred
to
in subclause
of this
A!clause."92
EFFECTIVE: 12/23/96
l644 STATUTORY
INTERPRETATION
! AsTitle
used
distinguished
18,the
statute,
infrom
USC, the term
"piracy"
1651,
Section
where it
is to is
be
referenced
to the
lawnations.
of elements
The aircraft
of piracy
are
specifically stated
within the
statute.
! Accordingly,
acts which
wouldcoveredbeTitleby 18,
USC, 7Section
! crimes
jurisdiction
the United
of thewithin
States! special
maritime
such
should
occur
acts territorial
- and
geographically
jurisdiction
the the special
Unitedmaritime
within
.States,
are
of . by
territorial
. present
the .
and.made
ble statute
criminal
that
asingle regardless
of their
act could geographical
beviolation It is
in bothofsectionsconceiva
situs.
of the
USC.
! Injurisdiction
aircraft connection
of the thewith
United term
"within
asStates"
forth
set special
the
Title
in 49,
USC, Section9246502,
65O,
jurisdiction
the 46506,92and
United
of the
States"
as term
"special
defined
in
Titleaircraft
49, USC,
92
Section92k65Ol,92the
violations FBI
ininvestigative
has
connection
the following
with insofar
aircraft Jurisdiction
are as
concerned:
a! civil
aircraft of the
United_States
matterno
wherethe
in world
they are
in flight; .
Sensitive
PRINTED: O2/18/98
'
~Sensitive
Part Investigative
I of
Manual and Guidelines PAGE
Operations 164
b! aircraft
of the92armed92forces
of the
United
Statesmatter
no where
in the
world they
are in
flight;
c! foreign aircraft
which actually
land the
in
United States.
EFFECTIVE: 12/23/96
154-1
_iR_°1-E
_i_. FFVERAE.
9._Fl*""¥*¥.Y,1_*§I¥.9!_,,
.e_
i Title 49, USC,
Section924903 thate!92provides
"The
Administrator92has
enforcementrelated responsibility92to
activity the92exclusive
to]the
safety direct92law
of92passengers
on
an92aircraft
title92from
the in_an
momentall involved
offense92under
Section924650292of
external
doorsthe ofaircraft
are closed th
following
leave
until
boarding
aircraft.
the and
those
doors
When
are
requested
opened
theof
to allow
passengers
Administrator,
bythe other-
to
departments,
provide assistance
necessary
to agencies,
carryinstrumentalities
out this Government
subsection. shall
EFFECTIVE: 12/23/96
92164-6 MEMORANDUM
OF
UNDERSTANDING
THE BETWEEN
ADMINISTRATION FEDERAL
FEDERAL
BUREAU
AND
OF THEAVIA
INVESTIGATION
- ! Basic
policy with regard
to
theFBI's
handlingof
aircraft
betweenFAAhijacking
and incidents
the
FBI
agreed
upon on'a
centers
officially of understanding
memorandum
2/26/75.
on The
"Memorandum
Understanding
Administration
the of the Between
Federal
Aviation
contained in inFederal
its entiretyBureau
and
Part Investigation"
of this
II, Section
18, is
of manual.MOU!
I! PartIIof the MOU,
entitled "Designation
of
Authority" states:
."A. Whenaircraft
the in is flight.
"1. Whenaircraft
an isinflight, that isfrom the
moment
until all when
the momentexternal
doors
one closed
when
door
suchare
is
openedfollowing
for embarkation,
disembarkation
the
1
Sensitive
PRINTED: O2/18/93
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92:_,, .1
it-:.1"
Manual of
and Guidelines -12
Part I ' 1_PAGE 164
lpilotin
command
of the
aircraft shall
have normal
operational control
l of
the flight.
i "2. The Administrator
of
I Administration
has exclusive
responsibilitydirection
for of any law
enforcement
activity involving
an
offense
under 902 i! or902 ofn!
the Federal
Aviation Act
of 1958,as amended.
"3. As appropriate, in
each case
involving such
an
offense, the
designated official
of theFederal.Aviation
Administrationrequest
shall assistance
the the
of designated
pofficial of_the_Federa1
Bureau
of
Investigati9nL
"4. After fully considering
the expressed
wishes_of the
pilot in
command,
the aircraft
responsible
and the
the official
of the
designated official
of
airline operating
the Federal Bureau
of
Investigation,
designated
the official
of theFederal Aviation
Administration
shall
determine iflaw enforcement action
is
appropriate. those
instances
In inwhichthe designated
official
of theFederal Aviation
Administration determines
that law
enforcement
action
is appropriate,
of he
shall request designated
the
.~.
"1
--" officialof
the Federal Bureau
Investigation
to advise
as to
the
appropriate methods
to be
used and,
after approval
of the
designated official
of the
Federal Aviation
Administration, take
the lawenforcement action
that
is required.
"5. Whenever
such request
a is
made, the
designated
official of
the Federal
BureauInvestigation
of shall
provide such
law
enforcement
assistance as is necessary.
"6. Thedesignated official
of theFederal Bureau
of
I Investigation
and the
designated official
of
Administration maintain
shall continuing
coordination their
between
*respective
offices during
the course
of such
law enforcement
activity.
"B. When theaircraft is not in
flight.
"1. when an
aircraftisnot in flight, that isprior to
the moment
when external
all doors
are closed
after embarkation
and
after the
momentone when such
dooris
opened for disembarkation,
the designated
official ofthe Federal
BureauInvestigation
of
shall make
the decision
totake
law enforcementwith action
respect
toahijacking. The designated
officialof
the Federal Bureau
of
~30.
" . 5-" l"
Investigation
of the
.
shall
give full
pilot incommand,
consideration
responsible
the
to the
expressed
official
of the
airlines
wishes
-_".:..-.--,
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Sensitive
Manual
Investigative
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and GuidelinesPAGE 164 "
operating
Part I
aircraft,-and
thedesignated
Aviation Administration
prior to
theof the
Federal
initiating action.
official
'
"C.- Administration
Federal The decision
ofprevail
Aviation the
designated
those
shall
in of
official
the
instances
where
question
aarises
as
towhether
an
aircraft
is
in flight
or
is
not in flight."92
EFFECTIVE: O2/15/B2 _______,__ __,

J. _____.#
_.__,._._ ,_.____J
'r'r'I'HmI16h:7""'
! The Department
Justice of
continues
D01! advocate
to
severe for
penalties
aircraft
hijackersa deterrent
asto future
acts
0Pf airirac
Division, Consequently
Y mustD01, 9 authorization
obtained
be the the Criminal
Attorney
U.S.
by from
he/she
before
enters
under any
intoUSC,
18, agreement
Title to forego
an
air piracy
Section9246502,92in
favor
of a prosecution
guilty
plea ato
lesser or offense
decides
otherwise to prosecute
not
fully
an act of
!prosecution
The
air piracy.
USAs Department
decline
in
thoseJustice
of
requested
has ofwhen
unaggravated that
USC, Section924650492and acrewviolation
Title
Title USC,_Section9246506,9
49, 49,
member
of isavictim,
the
USA, that
refer
then FBI,
the the
with
matter-to
the approval
local
FAA and recommen
the
representative,
together
fAviation
oceedinthe with
results
against ofany
investigation
offender
the for
for their
civillyconsideratio
violation
ofFederal
Federal
Regulations
°PT Regulations
FAR!
Section codified
CFR!,"Prohibitionofagainst
91.8,as
entitled
8 Titlein
Code
14,
interference with
crewmembers."
in ! FAA preboard
nonpassengers
being
found in procedures
screening
possession
of concealedresult
deadlyperiodically
'
or
dangerous
aircraft
for These
but
theweapons.
mostat
areindividuals
have
partno tickets
discovered
towhile
be board
armed
duringto any
examination
farewellsterile
persons
to areconcourse
areas
who either
ticketed
passengers. meeting
or bidding
Department
The of
Justice
have
no advised
has
apparent since
that
intentboard weapon-carrying
these
to attempt
or board .
toaircraft,
an nonpa
l there
is no
this, violation
isit notof Title
49, field
necessary
the Section9246505.9
USC,
to view
forrespond
to these of
incidents
or submit
toboard
intent totoattempt
LHM
FBIHQ.
orSpecifically
board
an
to that
on indication
aircraft note
an these
part
the of of
Sensitive
PRINTED: 02/18/93
_. Z_,,,_.-v--"I_,,.,-__7_
IIIIIIIII||IIIIIIIIIIIIIIllllllil-----::;__
Sensitive
Manual
Part Investigative
I of
. Operations
and Guidelines
-PAGE
164
weapon-carrying
investigative reporting requires
and nonpassengers
adherence
the
procedures.
Each established
division
field toshould
ensure
that
are aware
local
airline,
of these
airport,
instructions.
andFAA
7
enforcement
law officials
.! In those
unaggravated
Section9246505,[i.e.,
only!violations
where
state
or of
Title49,prosecution
firearms
local USC,
isthe
declined
refer uponFAA
matterdeferral,
USA
to is current
their
for itconsideration
departmental
ofproceedingto policy
against
the offender
CFR,
civilly
Section
107.21,
violation
for"Carriage
entitled
FAR as
of
codified
of explosives,
firearms,
in
Title14, or
incendiary All
devices'willdevices."
offenses
involving
ta bé"§¬5§6EE£eaF5§£he
continue explosives
or
Departmentincendiary
criminal
as
violations.HIOG,
See I,Part
Section
174.!
! Prosecution
underHobbs
the Consideration
Act.
should be
also
given
prosecutionanto
useof the
Hobbs
extortionate
where demand
is asaAct
made vehicle
of orp
directly
indirectly
oraffect acommercial
commerce.upon
The air carrier
which
Department
has obstruct,
would
instructed
all USAs
that delay,
when
such
an
extortionate
desirable asituation
charge
to encountered
violationis Hobbs
under where
it the
the may
Act,be
Department
must be consulted.
EFFECTIVE: 12/23/96
16h-8 REPORTING
PROCEDURES
! Immediately
advise
FBIHQby telephone
or teletype,
dependingthe upon
exigency
involving piracyof
aircraftthe
circumstances,
where
orthere
is of
life,cases
all
lossof danger to
public safety,
orwidespread
public
receive prompt
interest.
and expeditious
Each
complaint
should
investigative attention.
46502 ! In6507,92a
all violations
through of Title
succinct
LHM 49, USC,92Sections
originalone
andcopy!
shouldofbe
submitted
initial FBIHQ
complaint. to
FD-365
Upon by
receipt
often
within
working
days
theLHM,will receipt
of
FBIHQ
disseminate
a
_copy
to
United
Street,
s.w., States
Secret
Washington, Service,
n.c. 20223.
92 See Intelligence
Division,
Part 11,G 1800
HAOP,
10-4.3;
Correspondence
- Field,
Guide
2*5.S.ll.!|
! Theappropriate regional
office
of
FAAshould be
Sensitive
PRINTED: 02/18/93
_
.
.-er.- 92
'<='.-T3.
..»¬|§¢,>,
~. .¢-._
+ Sensitive
.1,.65, I .
92
Manual
and Guidelines
_PAGE 164
- 15
promptly advised
upon receipt
of
all complaintsclose
with liaison
being maintained
during the
course
of
each investigation.
! In all cases,the fieldoffice is
to disseminate
additional copies
of theLHH within
ten working
days
to
the nearest
Civil Aviation
Security Field
Office CASFO!,
FAA Regional
Office,
United States
Secret Service
Field Office,
andto
the FBI field
office
which
covers the subject's
residence. Other
interested agencies,
such
as theNational Transportation
Safety Board,
Officeof
Special
Investigations, should
etc., likewise
be advised
locally when
appropriate. Depending
upon the'exigency
of
the matter, immediate
notification to the above
agencies may
be necessary. o
,! In thosecases
wherein the USA's
office declines
prosecution, defers
prosecution
state
to or
local authorities,
or
refers thematter to
FAA for
civil enforcement,
or wherein
itis known
thatstate
or local prosecution
is
declinedupon USA deferral, the
initial LHH
should so
indicate. One copyof thisLHM shouldbe
directed the
to USA confirming USA's
the in opinion
lieuofaseparate
confirmation letter.
! In all cases,disseminationtoisbeindicated on
the
FD*365 which
transmits the
LHM FBIHQ
to with
the LHM identifying
those
individuals and
agencies already
notified ofthe violation.
! Whenadditional investigation
is required,
record
results so
they may
belater
incorporated into theprosecutive report.
Two copies
of these
reports should
be submitted
to FBIHQ.In each
instance, reports
should set
forth fullfacts including
field office
file numbers,
complete descriptive
and background
data concerningeach-
subject bestdescriptive information
availableanofunknown subject
shouldalso
be set forth!, data concerning
mental stability,theair
carrier,flight
number, origin and destination, time
and placeof
offense, number
of passengersandcrew,
weaponsused,type of aircraft
involved andany injuries.In hijacking
situations, indicate
where
flight diverted
to, motive,
and terroristaffiliation, ifany, and
demands madeby hijacker or hijackers.-
I
8! In
order that theFBIHQ substantive
case filemay
reflect thefinal
outcome of
each violation, the
following FBIHQ
notification policy
should be
followed by
theoffice
of origin.
' a! In those
cases wherein the
initial LHHsubmitted
to FBIHQ
by FD~365
is necessary.
reflects the
final outcome,
no further
notification
Sensitive
PRINTED: 02/ 18/98 O
. _,.._.-l-,,_
i. _ __--. ..-___e;-----.~.~-.---as-T-~.-»~.-.--..~-.~-___
"92..
-.:~:-K
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-mt
.1-Qt, Sensitive
Manualof
Part I PAGE 164
b! In those cases
wherein the Accomplishment
Report, FD-515,
reflects the
final
outcome, no
further notification is
necessary.
9!' Technically,
abombthreat or actual
device! aboard
an
aircraft is aviolation of Title
18, USC, Section
35, Destruction
of
Aircraft or MotorVehicles DAMV!,
as wellas Title 49, USC,
Section|46507.l However,
asamatterof
policy, all
fake reports or
actual instances!of a bomb aboard
an aircraft unrelated toan
aircraft hijacking
incident should
be investigated
and reported
under
theDAMV
49! classification. Anyincidents of
this natureinvolving
an aircrafthijacking incidentshould be
carried under
the Crime____
_m __
Aboard Aircraft7Tlb@!ElassificationT_mTheforegoing
is
to create
uniformityin
the Time Utilization
and Recordkeeping
TURK! records,
as well as to maintain program segregation.
c! In all other cases, includingthose cases
in
whichaUSAdeclination ordeferral was
rendered subsequent
to the
initial
LHM/FD-365 submission and those
unsolved cases closedunder
SAC authority,
aclosinglelectroniccommunication|should
directed
be
to FBIHQ
which clearlysets forth
the basis for closing.
EFFECTIVE: 12/23/96
164-9 OBTAINING FEDERAL PROCESS

! Federal process should be obtained as
soon as
possible
after
the subject is
identified and
it is
determined
that the
subject will be prosecutedfederally. _
! In those instances
wherein anaircraft hijacking
occurs, the
subjectis
successfulin avoiding
apprehensionthe
and
subject's identity_remains
unknown, field
the
division should discuss
with theUSA'sthe
office
obtainingof a"John Doe" indictment
of the
unknown subject
in orderto toll the Statute
of Limitations,
Title 18,
USC, Section3232, prior to
its expiration.
EFFECTIVE: OZ/20/90
Sensitive
PRINTED: 02/18/98
IIIIIINII|uUIlNIIIII.---IIIIIIII--iiJ
Sensitive
of Operations
Part I -
164-10 AIRCRAFT
HIJACKING INCIDENT
MANAGEMENT
92O'B*
92692u
! It will be incumbent upon

eac '
h field division to
ensure that
FBIHQ
is
advised
onacurrentbasis
...
as to on-the*scene
. ..d
devel
opments ineach aircraft h1]3Ck1g inci ent .
l! Ahijacked
aircraft may
change course
rapidly at
a
d to aforeign country. Upon
receipt of
:i;E hijacker's
request
procee
and
Sensitive
PRINTED: 02/18/98
-__-_.-.__,_.-
_-__-_.-
.- ---*---w----~--_--.,__..--.--»--e--
", _ -- 92-->-..._
-I _-_.--- --..'.--
-
nINIIIIIIIIIIIIIIIIIIIIIOIIIIIIIII----__i__
?i
'1} Sensitive
of Investigative
OperationsGuidelines
and PAGE 16h18
Manual
PartI
such information,
FBIHQ should
be d'
imme
ia notified
tely by telephone.
' oriate governmental agencies
FBIHQ will.notify the appr p
through
.. .___ _k_nQ1s_ I
9,
i-1
EFFECTIVE: 02/20/90
164-ll CONTINGENCY
PLANNING
! TheFBls prime
concern
all
Crime
in Aboard Aircraft
incidents
foristhe
safetythe
of passengers
and crew.
! TheFBI and FAA
haveestablished
effective,
an
coordinated
Aircraft onaHeadquarters
effortlevel
incident
management. concerning
Crime
incident
Practical Aboard
management
requires
the continuation
of
Accordingly, that
fieldspirit
eachcooperation
office
should ofmaintainwith
to the
through
field.
liaisonthe
appropriate
FAA
Security
Officeorder
in
toensure_a
mutual effort
inbe
our jointresponsibilities must
the eventof an
incident where
exercised.
-Sensitive
. '
'
Sensitive
'
sand Guidelines
anual ofInvestigative Operation' PAGE 16A
Part I
a!hpInasnubh
itfill beincumbent
as each upon
field
office
to
e§su;e@§hat§FBIHQis
advised
thersceetdevelbpents
each a current
on
aircraft basis
hijacking
in toason- and
direct
incident,
instantaneous communications
betweeninAgents
the
vicinitythe
of the FBIHQ
sabsolutely
c! It is suggested
that
d ostsufficient
telephone
would consist, under
communications
' the
' twithin
primary
last fivecomman
p lines available
telephone for ' b
ideal conditions, '
of ae'
'
l'nes
as
exclusive FBI
utilization. Thosei , an example,
might e
utilized for communic
' ation_with
the following:
s' a. Field Office

5. Miscellaneous
' e! Appropriate be vailable

facilities should a for
the in
terviews of
the subject s!
and witnesses.
g E! f 0r the promptdispatch of
Preplanning
r-F
Sensitive
PRINTED: 02/18/93
_,,._-___.,...._-Ii
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.-.._
i _i__i.92_ c-_c_____i._,c.,.
Q Q
Sensitive
Manual
Investigative
of Operations
and Guidelines PAGE 16$"20
Part I
t to major air
terminals and
military
sufficient personnel
and equipmen" I.
airfieldswithin the
division
is
essentia
g! Allequipment for
necessary
Agents
to carry
out
, ._i:-_ :=rnbe
operative
and readily
available.
'
bél,92
W I
oi}
! All enforcement agencies
and appropiiate
a_"_,
personnel
air terminals
at should be
fully aware t e of h FBI's
" kn s in order toensure maximum
cooperation
' nsibilities
'
respo an
'
tual ac
in" hijacking
aircraft in '
h1]3C '
ig'
situation and the
continuance
of a
- I common
strategy."
! Each
field division
is
to remain prepared
to conduct
thorough
scene
incidents.crime
examinations
in
regard
evidence
Physical to Crime
should
be Aboard
collected
submittedAircraft
FBIHQ
to
for examination
Sectionitby the
appears
when FBI
thatLaboratory
and/or
such
an Fingerprint
Latent
examination
is desirable.
Thorough
instancesscene
examination
a crime becomes
successful
wherein
aircraft critical
most
those
hijacking
occurs, in the
subject s! apprehension,
avoids
and
thesubject's remains identity
unknown, flights
e.g., diverted
to Cuba.
noti 'f'
! FBIHQ is to be
lanningiedb y airtel of instances
aCommand Post Exercise CPX! or
Field
whereinTraining
Exercise regarding
FIX!Attention:
afield division is p
training. airtel
The should
be
directed,
hijacking
aircraft contingen
Violent92Crimes/Fugitive92Unit,
' C
Investigative
'tical Incident
with
Division,
Crimina
an
Response Group's
informationdesignated
Ucopy
it 92
The theforri should
caption indicate
the
type of ' craft
exercise,
i.e.,
CPXand/or the
FIX;
Crisis Management n.
hijacking type
of
contingency
training; training,
divisional
the i.e.,name;
the airdate
exercise
andCrime
the Aircraft
Aboardcharacter,
with
pertinent
details
synopsized
the text
in
of the
communication.
r
Y
orca-20 2-3-96!
0 _ _ 0 XXXXXX
XXXXXX
__h FEDERALINVESTIGATION
BUREAIIOF
-.'1
IDELETED FOIPA
PAGE INFOR1VlATION
SHEET
5Page withheld
explain
this
s!
deletion.
at location
this
entirely
theOne
le.
in
more
or
theof
following
statements,
indica
below
with no segregable
material available
for
Cl Deletions
were made
pursuant
thetoexemp
tl'ons indicated
release to you.
Section 552a
Section 552 _
U d!!
U b!! A!
U b!!
U J'! ?-!
A2! 1:1 b!! B!
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1:1 b!! C!
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U
Information
U b!!
only
toathird pertained
party nowith
reference
to subject
theyourof or
request
subjec
theyou
requestlisted
is thein title
only. .
Cl
Documents with Government
originated
another These agency
were
documents
toreferred
ies!.
agenc
that
for reviewand direct
response you.
to
Pages information
contain by another
Government
furnishedYoubewill
agency
advised
byFBI
theiea
_,_,_1- to the releasability
this information
of
following
consultation
ourthe other
agencyes!.
with
Page inasmuch s! withheld
a final
release
as hasdetermination
been
notYou
made.
bewilladvis
asthe
to
dispositionalater
at
date.
ePages
wereconsidered
_,_,_-1--
not release forare
as-they
duplicative
of_
X Page s!withheld
the for
following
reason s!: _
__.i1-
U lly?-gji;Z§Z<f5Zbs°°
i 9~°§2'
5/#25
F/1»
XX
.:->1; X Deleted X
Page
X No Duplication FeeX
X for this page X
XXXXXX X
.
XXXXXX FBUDOI
,
Sensitive

and Guidelines
Pa
rt I ." PAGE-164
24
| Thefollowing isprescribed by
ARINC:
i _
b"/ >
W
EFFECTlVE: 02/15/82
92 [164-14
NEWS
INQUIRIES
MEDIA POLICY
' ! In manycases, violations of this statute generate
intense public and media
interest. TheFBI's media
news1qU1I1&S
olic is in strict
compliance with
instructions issued by
the
Department
2P Y
Justice
of concerning
'
the release
'
of information
' tained
inin
criminal and civil matters. These instructionsare con
Title 28, CFR, Section
50.2. i
! For complete details
regarding this topic, including
a restatement
of theabove CFR
instructions, see
Manual of
Administrative
'
Operations
and_Procedures,
'
'
II, Part
Section
' 'th
N
5-1,
ws Media "and
entitled "Policy and Guidelinesfor Relations wi e,
92
Section
5-2, entitled
"Contacts
with
News Media." '
*! Utmost
discretion should be
exercisedreleasing
in
to the
news media
any information concerning
a modus
operandi
92 utilized
by asubjectaviolation
in of this
statute.]
EFFECTIVE: 02/15/82
Sensitive
PRINTED: 02/18/93 _
Sensitive
Manual
and Guidelines PAGE- 164
25
164-15 CARRIAGE OF WEAPONS
! Title 49, usc,
Section 46505,
grants the
FAA
Administrator authority
to
except other such
persons as
the .
Administratordeem
may necessary
from prohibition
of carrying
deadly
or dangerous
weapons
in
air transportation
intrastate
or air '
transportation. ,
'! FAR
as
codified in Title 14, crn,Section 103.11,
addressescarriage
the weapons
of aboard
aircraft and
is considerably
abroader than
Title Q9,USC, Section
46505, since
it coversboth
concealedunconcealed
and weapons.~
FBI jurisdiction,
however, is
limited toviolations specifically
enumerated
Section
in 46505
of
Title 419.
EFFECTIVE: 04/07/97
1164-16 CHARACTER
- CRIME
ABOARD CAA!
AISCRAFT
FOLLOWED
- BY
DESCRIPTION
or
CRIME;E.G., CAA
AIRCRAFT
PIRACY|
EFFECTIVE: 02/15/32
[1164-11 CLASSIFICATION
164|
EFFECTIVE: 02/15/82
.,.,_
..'2
1
Sensitive
PRINTED: 02/18/98 -
Mn-l41":Q92
'.--6.-u .4-.
,.....-.,
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-~Q'!Q1'92
, '
:35.-=".
-Sens 1t1ve
Part I PAGE -164
26
|164-13 SUBCLASSIFICATIONS _ _
For details concerning this topic, see the Manualof
Administrative Operations
and Procedures,
Part II, Section 31.1,'
entitled "FBIClassifications and
Subdivided Classifications."
EFFECTIVE: 10/18/95
Sensitive
PRINTED: 02/18/93
Hi... I ____ _i. i"I ...._I| I |-

fez.,'
." O-.
3',-?';'.~§ ;f
"-':-92 Sensitive
._ _.
Manual of Investigative Operations and Guidelines 1

Part1 _PAGE 165
SECTION 165.
A INTERSTATE
TRANSMISSION
WAGERING
OF INFORMATION
165-1 STATUTE
Title 13, usc, Section 10s4

;_ " a5 Nhoever being
engagedthe
in business
of betting
or
wagering knowingly usesawire communication facility for the
transmission in interstate or foreign commerceof bets or wagers or
i5£6¥55£IEh assisting in the placing ofbets orwagers on any sporting
event orcontest, or for the transmission ofawire communication
which entitlesthe recipientto receive money or-credit as aresult of
bets orwagers, orfor informationassisting inthe placingof bets or
wagers, shall be finednot more than $10,000
or imprisoned not more
than two years, or both.
" b! Nothingin this sectionshall
be construedto
prevent
L£1
,_,;,
the transmissionin interstate or foreign commerce
of
information for
use innews
reporting of sportingevents orcontests, orfor the
transmission of information assisting in the placingof
bets or wagers
onasporting event orcontest from aState where bettingon that
sporting event
or contest
islegal intoaState in which
such betting
is
legal. N
" c! Nothing contained in this section shall
create
immunity from
criminal
prosecution under any
laws ofany State,
Commonwealth Puerto
of Rico,
territory, possession,
or the
District of
Columbia. '
" d! Whenany common
carrier, subject to the jurisdiction
of the Federal Communications
Commission, notified
is in writing by a
Federal, State,
or local law enforcement
agency, acting
within its
jurisdiction, that
any facilityfurnished
by
it is being
used or
will
be usedfor the purpose oftransmitting or receiving gambling
information ininterstate
or foreign commercein violation of
Federal,
State
or local law, it shall discontinue orrefuse, the leasing,
furnishing, ormaintaining ofsuch facility, after
reasonable notice
to the subscriber, but
no damages,penalty orforfeiture, civil or
criminal, shallbe foundagainst anycommon carrier for anyact done
in compliancewith anynotice receivedfromalaw enforcement agency.
Nothingin
this section shallbedeemed to
prejudice the right
of any
,!9; person affectedthereby tosecure anappropriate determination,as
ZIJQJ
otherwise providedby law,in aFederal court or in aState or local
Sensitive
PRINTED: 02/18/98
;_
__
__ ______,_
___
______r_;;:
_i _____
_4___,:__
_:________,
V.__
__.._._...,T_,.
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Sensitive
,.

Part I sPAGE 165 - 2
tribunal oragency, that
such facility should not
be discontinued
or
removed, or
should be restored."
EFFECTIVE: 01/31/73
165 1.1 Definition of Term WireCommunication Facility"

Title 18, USC, Section1081. "The term wire
communication facility
means any
and all instrumentalities,
p§_r;sp_13_nel_,__and_s"ery_ices among_0ther,_things.,__the
receipt,__for,warding,._..c_.._..
or deliveryof communications!
used or
usefulin
the transmission of
writings, signs,
pictures, and
sounds all
of kinds by aidof wire,
cable, orother
like connection between
the pointsof originand
reception of such transmission."
EFFECTIVE: Ol/31/78
::5'POLICY
165-2
! In regard to d! of section 1084,
dissemination of
information to the carrierregarding those
individuals utilizingtheir
facilities in interstate orforeign commerce
will be made bythe
Department upon receipt ofevidence such
of utilization.
! In those instances in whichallegations ofviolations
of this type arereceived, it is not necessary to
show thatthe
operator is
engagedthe
in business
of betting,etc., butmerely that
he
is transmitting or
receiving wagering
information through
awire
facility.
! Forward such acomplaint withcorroborative evidence

to FBIHQ
for dissemination
to theDepartmentthe
in formof letterhead
memorandum containing:
a! The name andaddress of the telephone company
furnishing service.
b! The name, address,and telephonenumber, if
available, ofthe subscriber
known
to be in violation of this section.
- c! A short
statement of facts with namesof
witnesses anda brief summary oftheir
potential testimony.
Sensitive-
PRINTED: U2/18/93
.-- I, u u .... HI
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..-fiv,
..,.,__~

Part I i - ' PAGE 165 -
3
-H d! Astatement as to whether it is
known if
4
' subscriber
moves fromplace to place or if itis the general practice
to operate
from aspecific location. _
! Local violations should be disseminated with any
evidence availableto the appropriate local
or state authority in
writing after Bureau's interest
secured. When
disseminating without
-accompanying evidence,state in
letter of disseminationthat
the
information beingfurnished not substantiated throughinvestigation by
this
Bureau;
_! When informationis received from local or state

authorities that notification has been givenby themto acarrier, - ____i._ii
such information should be forwarded to
FBIHQ in
the form of a
-letterhead memorandum. .
! In
connection with
investigations of wire
services,
bear in mind the possibility of prosecution asprincipals under Title
18, USC,Section 2, the aiding and abetting section.
EFFECTIVE: 01/31/78

l! when
information developedthat an
individual engaged
in the business of betting or wagering
is usingawire communication
facility in violation of this
law} '
q_92q a!-pevelop information relative to wire-

n
communication facility
utilized; that is, whethertelephone,
,.
telegraph, etdl kmm' '
I b!
Identify individuals contacting or contacted by
subject.
<2! Determine what service they furnish to or
receive from subject.
l d! Interview these individuals and subject when
. -"i!.". V. - -_ _'
';_ _
investigation has progressedto
point where interviewlogical.
-3,-?3§ ailable
~. -»=--*"'
.suc »svl#%--enmm#a§g?@£$A5em'o?§%a
=as»to11#tic$ts*Tco .e Iecommunrda '
r nsr
,. EV _rams»:
_£qi;gm'e!
.: - ----_-~.,.......s-.8.
'
Obéggqaliidocume
~e»*~**"" '
- agy evidencewfglatibng
mt.--.
etG¢v-
Sensitive
PRINTED: 02/18/98
92
A-i:.'
, '
~rs? I Sensitive
. .

Part I I - I1 PAGE-165
4
1
' f! Utilize informants.
' Consider
g! surveillanceswhen applicable. _
!. Upon developing information
as to the existence
of a
wire service: .
a! 1ar"__
,'the
_- b!
'
eéfggggégéfiia§3§§§pri£vs§ab=c
__nu&bar§r¢a11éa*in§g%§FR%
3 H___ _Ilg*_|r+:1-..
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""" ---< ,--,i ,._ --
---~n|~--n- ;-->-~i-r-;."-~.~-
: .-"-- u';'=»§92=iJ'ii,'i1'
u1 -_.c! Interview_a_;s
,"|',-92i'-
T4-r
'-"-ti
', _ t1-
ti_ Ie__"'é@§ub§c§rPers
"-..-92
c..""' _'____,
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so "9? n=,f-'_'%§P
ialfggttgr Y$£E.g:@sMs!1;sas=sas=seris.s@
inasmgg ass; Qg;pg£g%g§¢pf@the =.§rub=sr1.b¢rs
interview toI is
estabIis§;§E3Euse'bf
--R-W__,,..
I _.
the. sery1céTb§?the
N._ JR
.,;_ H, B92,._:?'.-
--_ . subscriber.
_- '~;_.... .-;_-fl
_..a-r6.rr|
Irv;
v~ ___~__:__
'
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_~_-..,>¢i--. -N. ___,_-,-

of wire
_ service I
rA d!
.4-arr u _"' I M1nte§g§ew»owners_and
J-" "'""
"'"2"-"'_:_ " emploxees
....;-.1-1 V_-'-'
s
' _
e*am1s' j§§§%§§§as£§&#$$§$E$~1"5°'@a"¥éogs""
- -wmjwm
1-»
EFFECTIVE: 01/31/78 .
165' VENUE
In
any district
from, through, orinto which
such
information transmitted.
3237!
EFFECTIVE: 01/31/73
165-5 CHARACTER
rINTERSTATE
TRANSMISSION
WAGERING
OF
INFORMATION
EFFECTIVE: O1/31/78
92
s§§;-
I
?%¥§' Sensitive -
Manual
Part I ofKInvestigative
' Operationsand Guidelines
0 PAGE 166"1
SECTION 166.
IN AIDOF RACKETEERING
166-1 _STATUTE
|Title 18, USC,|Sections|1952,]1958,

and 1959.1
,,_.__W_.___,_E§FP¢T¥f'§LE§
-uu_..._-
?B[?§_-.-- - t _-- 11..
_.-u 5...- ._n_.
166-1.1
Section 1952 - Interstate and Foreign Travelor
TransportationAid
in ofRacketeering Enterprises
l See
A MIOG, Part 1, 504.2.!92
::i- _" a!
*commerce or
uses
Whoever
in interstate
travels
or
foreign
any facility in interstate or foreign commerce,
'
including the mail,.with intent to--
"! distribute the proceedsof any unlawful
activity; or
"! commit any crimeof violence to further

any unlawful activity, or
A "! otherwise promote, manage, establish,
carry
on, or
facilitate the promotion,management, establishment,
or
carrying on,of anyunlawful activity,
and thereafter
performs
or
attemptsperform
any
to of theacts specified
in subparagraph
!,
!, and !, shall
be fined notmore than
$10,000or
imprisonedfor
not more
than five years,
or both.
l " b! As
used in thissection92 i!,]'unlawful
activity means,
! any business enterprise
involving gambling,
liquor on_which
the Federal
excise tax
has not
been paid,
narcotics,
or
controlled substances defined
as insection 102!of the
Controlled Substances
Act,92or prostitution
offenses inviolation of
the lawsof the State invhich
they are committedor of the United
States; or, ! extortion, bribery,or arson
in violation of the laws
of the United States,]or! any act whichis indictable under
I3i%.
Qsubchapter
,s.,5
II of
section1956 or
chapter
1957 of
of title53
31, United
States
this title, and ii! the term
orunder
Code,
State includes
Sensitive
PRINTED: 02/18/98 _
92, %___:__,__
_: __ 7,,
l.-_- ___:___
__Y_v__
______
-_;-,___.
Y.':'IT~§":*92-K:
7?-¢T_.
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41:5.
92._-;.-"s
. '1
,.,__.__.;, Sensitive
_.-I-vi?
;.»-/ -

Part I PAGE 166
'
2
aState of the United States, the District of Columbia,and any

commonwealth, territory,
or possession
of theUnited States.
" c! .Investigations of violations under this section
involving liquor
shall beconducted under
the supervision
of the '
Secretary of the Treasury."
EFFECTIVE: 08/30/93
l66'l.2 Section
1958 Use
* ofInterstate Commerce
Facilities in
the Commission of Murder"for-Hire
" a! Whoevertravels in or causesanother including '
the intendedvictim! to travel in interstate or foreign comerce, or
uses orcauses another
including the intended victim!to usethe
mail
or any facility in interstate or foreigncommerce, with
intent
that amurderbe committed in violation of lawsof anyState orthe
C 1United States
as consideration for the receipt of, or as
consideration forapromise or agreement to pay, anything of
pecuniary value,
shall befined not
more than
$10,000 imprisoned
or
for not more thanten years,or both; and if personal injuryresults,
shall
$20,000 andimprisoned fornot morethan
twenty years,
or both;and if death results,shall besubject to
imprisonmentany
for term
of yearsor for life,
or shall befined not
more than
$50,000, or both.
" b! As used in this section and section 1959 -
g" l! anything ofpecuniary valuemeans
anything ofvalue
in the formof money,a negotiable
instrument, a
commercial interest,
or anythingelse the primary significanceof
which is economic advantage;
"! facility of interstate commerce includes
means of transportation and communication; and
"! 'State"inc1udesa State of the United
States, theDistrict of Columbia, and
any commonwealth,
territory, or
possession of the United States.
_. ._;
'-1. -"X
:-
Sensitive
PRINTED: 02/18/98
Sensitive I

Part I - PAGE 166 - 3
EFFECTIVE: 03/30/93
166*1.3 Section 1959 - Violent Crimes in Aid of Racketeering

Activity
" a! Whoever,as
consideration for the receipt of, or
as_consideration for
apromise or agreement
to
pay, anything of
pecuniary value
from anenterprise engaged
in racketeering
activity,
m,MJ__,_ornformthewpurposemofwgainingmentrance_touor_maintaini
position inan enterprise
engaged racketeering
in activity,
murders,
kidnaps, maims,assaults withdangerous weapon,commits assault
_
resulting in serious bodilyinjury upon,or
threatens to commita
crime of violence against any individual in violation of the laws of
any Stateor the United States,
or attemptsor
conspires so to do,
shall
be punished-
Q::, 92 _"! of yearsorfor

» »for any term
murders
for life or
or
kidnaping,bythanimprisonmen
a fine of not more $50,000,
J0 or
both;
1"! for maiming, by imprisonment for not more

than thirty years or afine of not more than$30,000,or
both;
"! for assault with a dangerous weapon or
assault resulting in serious bodily injury, by imprisonmentfor not
ymorethan twenty
yearsor afine of notmorethan
$20,000, or both;
"! for threatening to commit a crime of
violence, byimprisonment for
not morethan
five years
or a fine of
ynot more than $5,000, or
both;
"! for attempting or conspiring to commit
murder
or kidnaping, by imprisonment for not more
than ten years or a
fine of not more than $10,000, or both; and
"! for attempting or
conspiring to commit a
crime involving maiming, assaultwith a dangerous weapon, or assault
resulting in serious bodily injury, by imprisonment fornot morethan
three years or afine of not more than$3,000, or both.
i" b! As
used in this section-
EEEE
y"! racketeeringhas
activity
meaning
the set
Sensitive
PRINTED: 02/ 18/98
r T7 it _a-._i-Wi.-__..M_-_s_m...WiisWr. _ I tl |_
Sens 1 tive

Part I _ '
PAGE 166 4 s
|forth in section 1961 of

this title; and
"! enterprise includes any partnership,
corporation, association, or
other legal entity, and any union or
group of
individuals associated in fact although not a legal
entity,
which is engaged in, or
the activities of
which affect, interstate or
foreign commerce."|
EFFECTIVE: 08/30/93 e
166-2 POLICY
! At the time these

cases are presented to the USA for
prosecutive opinion, he/she should be advised whether forcible entry
isforeseen in the service of arrest or search warrants.
:CV: !
- r
Furnishof
all
copies
reports
theto
appropriate
USA.
! Extortion violations which involve threats to injure
reputation or to accuse another of
a crime through the use of the
mails are to be handled by the postal inspectors.
! The Department has advised that Title 18, USC,

Section 1084 d! ITWI!, is
sufficiently broad in scope to cover
violations of
Title 18, USC, Section 1952, where "facility" is being,
used for gambling purposes. Appropriate consideration should be given
to termination of telephone or telegraph facilities which are utilized
for gamblingpurposes, asprovided in
Title 18, USC,Section 1034 d!.
Section
See 165-2, of this
manual concerning submission of notice
to
the Department.!
! The amendment adding arson as a'vio1ation tothe
statute, by its terms, applies to any arson, where facilities of
interstate commerce are used; however, the FBI will
concentrate its
efforts
on violations involving organized crime
figures, arsonfor-
profit, arson-for-hire, and/or cases where the complexity of
the
investigation warrants Federal interest. Investigations should be
conducted with organized crime and arson-for-profit as the focus.
That is, where
property owned by organized crime
figures is
deliberately set afire, or
where property is set afire by aknown
iii? professional
- withbytorch,
intent
to defraud
ST? where property isdestroyed
an insurancecompany,
or
fire as astrong-arm tactic by
Sensitive
PRINTED: 02/18/98
. .,. _.__Z,
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___
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,-_.= Sensitive
~. "-
Manual of Investigative Operations.and Guidelines

Part I 92
PAGE 166
organized crime, and facilities of interstate commerceare

used to
effectuate the arson, investigation should be conducted.
! ITAR - Arson non-LCN! - ITAR - Arson investigations

in which no known organized crime members or associates are involved
should be investigated, when appropriate, within
the Interstate Theft
Subprogram. All ITAR Arson investigations involving LCN membersor
LCN associates are tobe referred to
the Organized|Crime/Drug
I Operations Section #2,|Criminal Investigative Division, at FBIHQ.
! The FBI sstatutory authority for conducting arson
investigations@is_underathe Racketeer-Influenced_and~Corrupt_~sswwsmm
Organizations RICO! Statute, Interstate Transportation in
Aid of
Racketeering ITAR! Statute and Crime on a GovernmentReservation
CGR! Statute. The RICO and ITAR Statutes are most frequently used.
Under the RICO Statute there
are several arsonrelated unlawful acts
knownas
"predicate offenses" Federal violations covered are Hail
Fraud, Fraud by Hire, Obstruction of Justice and Bank Fraud!,
violations of state law covered are arson, extortion, murder and
bribery!, which form a pattern of racketeering.
& 8! Inner-city
insurance companies and is
frequently
arson is ascheme
investigated under the ITAR
designed to defraud
Statute. Inner-city arson has adirect impact on the daily lives of

citizens, whereby people are killed or injured, property destroyed,
insurance premiums raised and the very quality of community life
drastically lowered. To assist the investigator in the recognition of
inner-city arson,
the following are sources of arson information:
a! Police/fire department records obtain alist of
arson
suspicion fires!
b! Local newspapers look
for articles on arson!
c! State
fire marshals
d! Insurance Crime Prevention Institute ICPI!
e! Insurance adjusters
I
f! Informants
9! The following are clues which indicate positive

circumstantial evidence that afire was set for an insurance fraud:
I3
92-uni
a! Presence of incendiary material
ISensitive
PRINTED: 02/ 18/98
92
. .H;,,-.-v-92.i.-.¢-4,-ix-.92>-i.h;.;Q,».;-'-e
-_- _' -'
._'1,_:_-N._"
92
.2-.=;_r,-=35 "
*.'-1':
.*3J
,1.-<»..' Sensitive"

Guidelines
Part I PAGE 166
-6
b! ultiple origins of fire arsonmust

be a total '
W
_ loss to be profitable!
J. ~92;§'-6!-192'>'s*""""f'=*,-Pis.-.-=-._
-r, . . .,.'
..--= -A;
4
C! Locaf3§6ItheFf1re?1n
-"ff; a~bu11d1ng:ook.for2§;
92-,-aw.,'f1-,;»:,|»ln"IN".a.---~>v"11""-r"4'lKvl¢-6'-§?*""-"
-' ;;-*-n5..-.I$'*'_n-.,;;...:-H'I:I§;+-~-"Eh--n.
'-
firefstartedloss
N fire_aMtota1 nearthe"roofhas'manysinsuracefadjustors
oncethe roofis"aé§r?6yeE!* '_§e§Iare"a;_
hill
"'6
.' --_-4.
5
d! Suspicious hours no witnesses!
e! Holiday fires
6 E! Vacant
building - '
g! Renovation of building
In! Recent dé§§}r6ié'o£@eEa§55ts

Q
i! Removal of-objectswoodwork, plumbing,
etc,l up
CI? '!Property for sale
k! Previbé r{¬§i¥
! Building overinsured
mil Habitual claimants
.__92_i,- _
n! Fires occurring shortly before the insurance
policypexpirest
92-...L_~e..~¢:-'7 .- ~- _ ___ !_
-._ _
To! Fires where insurance has
recently been
obtained
~-* gY§§_92
:»,92'g,-."'
~-~m..¢.- '5"-:,..;
_,~4'¢~<P~."".:,£;"
*;fr'= V--i
H" 1'
<-, .
p!L RecentsaIe7of#uifding';I _
0!Investigative techniques that are
most frequently
used and
have proven to be effective in arson
investigations are
as
follows:
a! Informants
b! Surveillance
c! Reviewing records
d! Consensual monitoring
Sensitive I
PRINTED: 02/18/98
.. __r_. ,._-_....----..re.-r--.-_._--.!.e.r_iiiir.ee-_.. IH.-

ékf-~ i
7§§5' Sensitive _
ianual of Investigative Operations and Guidelines

Part I PAGE 166
* 7
e! Court-ordered Title III electronic surveillance
f! Grand Jury and/or grants of immunity

1! Field offices should not open cases on the mere fact
that afire is of asuspicious origin, rather
they should concentrate
their
efforts on violationsinvolving organized
crime figures,arson-'
'
for-profit, arson-for-hire, and/or wherethe complexityof
the cases
warrants Federal interest. All investigations being conductedunder
this statute should be closely coordinated with FBIHQand the
a22?°Pria§9E§&;_mw_1_"_,ll__,le1___"rl_n__l0. . A ..,1e.. _1l1l._1. 1l__.l___
|2! [Deleted|
|3! |Deleted|
|4! |Deleted|
iii 5!
*element
Violentiscrime
defined
any use, attempted use,or
as crime
any has
which
anas
threatened use of
physical force
-J against the personor propertyof another; Violent crimeis also
defined as any other offense that is afelony and involves a
"substantial risk" against the person or property of another.
EFFECTIVE: 08/30/93
166-3 REPORTINGPROCEDURES
HAOP,
See Part
II, 1097!.!
!! ITAR violations in support of or

related to organized
criminal enterprisesare handled
by the Organized Crime/Drug
Sections
and will be reported accordingly.
! ITAR Murder and other ITAR offenses in support of
other
violent crimes, committed by subjects who are not connected to
an
organized criminal enterprise,are handled
by the Violent Crimes
and Hajor
Offenders Section
VCHOS!, FBIHQ.
All offices should advise
[FBIHQ,
CID, Violent|Crimes/Fugitive
Unit VCFU!,|by
teletype whenever
an ITAR- Violent Crimes caseisinitiated. The initial communication
sshould set forth
the following:
éggg I a!Acharacterization
of the
target investigation;
Sensitive
PRINTED: 02/18/98
___:;:_._*_
._.._ _.__.
1. __,_ ;'_
_. _ ___
_ __
::----¢.~-7?,-----,-1-,~¢-¢--=-~
---1-H-----_._-___,._.._._._--........._.
_l_.......
.__....
..._..____.i
.....
__
..?,____i_
._.-
iii. e
~Sensitive
92
Part I PAGE 166
-8
b! Abrief summary of the violent crime activity in

which the target of the investigation is involved;
c! Basis
for federal jurisdiction; and
d! Proposed investigative approach.
|! |De1eted| '
|! Each FBI
officewill
advise FBIHQ, CID,|VCFU,|of
all
pending ITARViolent Crimes investigationsthat involve the purchase
**-"-"*s£"a;ag§s§;asa1£EI5g"aqo;;£es1§"sI§£;1"s§"££;"§1:£5"a¥"¢s¢L"t
January, April, July, and 0ctober.i The airtel should include the case
caption, office file number, and abrief summary ofalldrug
transactions that took place during the previous quarter in that
investigation.
I! In the event an ITAR - Violent Crimes investigation,
"" which involves the
purchase of drugs, contemplates the use of any of
JH
Zipthe
I following
sophisticated Prior
techniques,
approval
must be
obtained andthe respective field office must refer to and comply with
IthelPart I, Section 28l|of the Manual ofInvestigative Operations
and
Guidelines HIOG!. I ' -
516
|! Each field
office shouldadvise FBIHQ,
vcnos,lvcFu,[
by teletype whenever an
ITAR-Violent Crimes
investigation is
zilé prosecuted
and/or closed.
Sensitive
PRINTED: 02/18/98
J ;:§f.p;=rY
if ;;_., _j@¥%y;T;92
__Tq@T%j1TTT{?W~@T¢¢~_@¢m~vw@@1@vA%"¢-~
. .
.Jw
12:;
F, . . P'
gs _ Sensitive
Manual of
Part I _PAGE 166 - 9
EFFECTIVE: 07/20/95
}166-4 |THREA'I'
LIFEDISSEMINATION
T0OF INFORMATION
See
HAOP, PartII, 9-7; KIOG, PartI,89-6, 175-22.1,
and l79~7.! '
" The following guidelines cover the FBI's

responsibility
to
warn P ersonsof
threats to their life or threatsthat
may result in" __ _
92seriou§_bodily injury
ahd policy
regarding notification
to otherlaw
of
such threats. Extractedfrom Resolution 20
1dated 12/16/96. See
footnotes atthe endof
this citation.! In all
instances, manner
depending upon
exigencies
of situation, FBIHQ
should
be advisedof details of suchthreats togetherwith a notification of
action takenor a recommendationto action
as to be initiated UACB.
:i©¥"III.
, Guidelines
i
A
"ii "A. Warning to the Person.
'"!
Expeditious
' Warnings to Identifiable Persons.
Except as
providedbelow
in paragraph IIIA!,when Federal
a Law
Enforcement Agency
has information
that a person who
is identified or
92can beidentified throughreasonable means
is subject to credible
threat
to his/her life
or of seriousbodily injury, the Agency
should Al
-
attempt expeditiously
to warnthat person
of thenature and
extentof
, the threat.
1"! Manner, Means,

and Documentation
of Warning.
"a. The Agency may
determine themeans and
mannerof
the warning,using
the method
most
likely to providedirect noticeto
the
intended victim. Insome
of a third party. The Agency
cases,
this may
must documentin
require assistance
the
writing in its files
the contentof the warning, and
when and
where, and
by whom
it was
l
delivered to
the intended victim.
"b. An Agency may
seek theassistanceof
another law
, enforcement
agencyprovide
to the
warning. If
this isdone,
the
i Agency
must document
in
writing in its files
the notification ofthe
Aff$¥ii:§ representative
to whom
it was
delivered,
threat,,and when,
, agreement provide
to
along
with
where, and
atimely warning.
the agency&#
other
the name
of the other agency's
.L
Sensitive
PRINTED: O2/18/98 _
by 1J 0 1
2&#39
*1.'~§?;:I,; é- , _
Sens 1. tive

Part I PAGE 166
- 10
"! Exceptions.
p "a. A FederalLaw Enforcement

Agencyneed
not
5 attemptto warn an
intended victim of a threat
to his/her life or
of serious bodily injury in
the following circumstances:
" i! when providing the warning to the intended
victim is likely to cause equal
or greater physical harm to one or
more persons; 1
______
it _.__ l,_ ..i_i! Y"h°_
l'-!.tL_i_1.._t_E'_,_l'=¬.._."i-Tti."
_r___._u_____r !=
and extent
of the specific threat against him/her; or
" iii! when the intended victim is: a! a
public official who, because
of his/herofficial position, is provided
aprotective detail; b! a participant in
the Witness Security
Program
that is administered bythe UnitedStates Marshals
Service; or c!
detained or incarcerated. See paragraph IIIB!.
ii Agency's
Zl "b. decision not
Whenevertime
andcircumstances an permit,
to providea warningin the foregoing
circumstances must
be approved, at aminimum, by aSenior Field
A Manager.
2In all
cases, the reasonsfor an Agency's decision
not to
provide awarning
must
be documented
in
writing in
the Agency's
i files.
"NOTE: This paragraph doesnot apply to the agencies directly

responsible forproviding thesecurity for the individualsreferred
i to in paragraphIIIA!a iii!, above, when thethreat is to the
N referenced individual. In such cases, documentation, ifany, should
be created
in accordance with the agency
procedures. .
"B. Notification to Law Enforcement AgenciesWith Protective or
92
Custodial Jurisdiction.
" l! Expeditious Notification. When a Federal Law
Enforcement Agency
has information that aperson described abovein
paragraph IIIA!a iii! is subjectto anythreat tohis/her life or
of serious bodily injury, the Agency
must expeditiously
notify other
law enforcement agencies that have protective or custodial
jurisdiction.
"! Means, Manner, and Documentation of Notification.
_;j$ The notifying Agency
may determine
the means
and manner
of the
ii; Qnotification.
When providing
notification,
notifying
the shall
Agency
Sensitive
*PRINTED: OZ/18/98
,_»~ é_ --7--¢=w j-_.m,-w; - _,_

- .-;_..._.-._,:___s-.-.-
--_ --_-_-.__,¬.__-,~.,.__-_-_e
-.-- ---
.-- --_-,--~-A.-_
7.»--ms.--.-.,-_ H,-.----.--.-as
_...-- --.--.--~-.
i§?§- u
*¥§% Sensitive

Part I .p PAGE 166
- 11
92
provide as muchinformation as possible regarding the threat and the
credibility of the threat. The notifying Agency mustdocument in
writing in its files the contentof the notification, and when, where,
and to whom it was delivered.
"C. Notification to Law Enforcement Agencies That Have Investigative

Jurisdiction. '
" l! Expeditions Notification. Except as

provided below
in paragraph IIIC!, when a Federal Law Enforcement Agency
has
, information that a person other than aperson described abovein
i paragraph IIIA!a iii!! who is identified or can be identified
nvwji ithroughreasonable means iE*§B}¬Er
to acredible thréa:EBEI£7E6}
<life or of serious bodily injury, the Agency should attempt
expeditiously to notify other law enforcement agencies that have
investigative jurisdiction concerning the threat.
"! Threats to Occupied Structures or Conveyances. When
i*g conveyance
. fsubject
which
a Federal
becan identified
through means reasonable
to a credible threat which could cause loss of life or
is
Law Enforcement Agency has information that astructure or
~- .serious bodily injury-to its occupants, the Agency should provide

expeditious notification to other law enforcementagencies that have
jurisdiction concerning the threat.
92
! Means, Manner, and Documentation of Notification.
-The Agencymay determinethe meansand mannerof the notification.
The Agencymust documentinwriting in its files the content of the
notification, and when,
where, and
to whom it was delivered.
"! Exceptions.
_"a. A FederalLaw Enforcement

Agency need
not
92
attempt to notify another law enforcement agency that has
92
investigative jurisdiction concerning athreat:
- " i! when
providing the notification to the
other law enforcement agency is likely
to cause equal or greater
physical harm to one or more persons; or
" ii! when the other law enforcement agency

knows the nature and extent of the specific threat to the
intended victim.
.#¥ "b.» Whenever time and circumstances permit, an

;éS%
Agency's
, not provide
to decision
notification
to another
law
Sensitive '
PRINTED: 02/18/98
__._ '_;;'___
_ ____
__ _v;_:.-_A_. _ _____
___
__ __ _ _;._?._-.,, .:_.7___._.
:,.._._.___.Tr._.7-.7...
-__ ___i__,_...:r,__..____.r_.__....-.,.-
..,:._ . ..__,_
__._..,..,____,._.,7,_92
_,_.,,-,____,,,,_,.;.'-~_.,,.._._._.__
,.__._-,
"5%§a ' I
Sensitive

pPart I ' ' PAGE 166 - 12
enforcement agency in the foregoing_circumstances must be approved,
at a minimum, by aSenior Field Manager. In all cases, the reasons
for an
agency's
decision not to provide notification should be
documented in writing in the Agency's
files.
"IV. Rights of Third Parties.
1 "Nothing in these
guidelines is intended to create, or does
create, an enforceable legal right
or private right of action.
Footnotes: ' '
"1 If the equal or

greater harm would occur to a
Government informantor
Agent as a result of his/her participation in
an investigation, consideration should be given
to extricating that
individual from the investigation or taking other appropriate
measures in order
to minimize the risk. _
:j_*refers
*of
toaFederal
Law Enforcement
Agencyfield
operational
"2 As
manager
used in these guidelines, Senior Field
the-GS-15 rank or higher, or the person serving in that capacity in
Manager
r his or
her absence."| , '
EFFECTIVE: 03/14/97
||166-5| POSSIBLE APPLICATIONINVOLUNTARY

OF SERVITUDE
AND SLAVERY
swsrurss IN INTERSTATE TRANSPORTATION
IN AID OF
' RACKETEERING ITAR!-PROSTITUTION CASES
When conducting ITAR-Prostitution investigations, Agents

should be alert
to facts which indicate that prostitutes were held or
sold into
conditions of involuntary servitude or slavery through use
of force, threat of force, or coercion. Such situations may
constitute violations of the Involuntary Servitude and Slavery and
related statutes, Full details of these laws, as well as FBI policy
and procedure, are set forth in Part I, Section 50 of this manual.
EFFECTIVE: 03/14/97
E'_-;¢_.';?
Sensitive
PRINTED: O2/18/93
Sensitive
-Manua 1 of Investigetive Operations and Guidelines .

PAGE 166 - 13 _
Part I
||1666] VENUE
In
any district from, through, orinto which travel or
transports tion in violatzon ' ofstatute has occurred Title 18, USC,
Section 3237!.
»
EFFECTIVE: O3/14/97
CHARACTER ERSTATE TRANSPO RTATION IN

-INT A ID or
||1s67| GAMBLING, PRO STITUTION,
_RACKETEERING - EXT ORTION, BRIBERY,
ARSON, MURDE R
AND
, vxotnnr CRIMES
EFFECTIVE: O3/14/97
_.
Sensitive
PRINTED 02/18/98
*___._, ____e.._,_-_.#_e.._+.. __-.._...,. .,._v...I.._..______

.
etch
g»: ~Sensitive
Hanual of
Part I '
PAGE 167 - l
SECTION 167. DESTRUCTION OF
INTERSTATE PROPERTY
1167-1] STATUTE
Title 15, USC, Sections 1281 and 1282
This statute prohibits the willful destruction or injury
to propertymoving ininterstate or foreign commerce
while such
__:_i.._i_.7
R521:-3,1tv;é3i12i£2s21=_t£2l-.9_¬ls_9;-m9s_21";=2s£5as.t
1;l1is_1_§1 <=§££i21;=
is limited to rail, motor vehicle, and aircraft carriers.
EFFECTIVE: O1/21/86
||1a7-1.1| Section 1231

Prohibition against destruction of
property in possession
of carriers; penalty; prima facie evidence of
commerce
" a! It shall
be unlawful for any personwillfully
to destroyor injure any propertymoving ininterstate or foreign
commercein
the possession of
a common orcontract carrier by
railroad, motor vehicle or aircraft, or willfully to attempt to
destroy or injure any such property.
" b! Whoever violates subsection a! of this
section
shall
be fined
not more than$5,000 or imprisoned notmore thanten
years, or both. i 1
" c! To establish the interstate or foreign commerce
character of
any property involved in any prosecution underthis
section, the waybill or similar shipping document
of
such property
shall be primafacie
evidence of the place from
which and towhich
such property was moving."
EFFECTIVE:iO1/21/86
:._
Sensitive
PRINTED: 02/18/98
.,-_.;:v.;-
..
ts Sensitive
- Manual of Investigative Operations and Guidelines

Part I PAGE 167
- 2
||l671.2| Section 1282. StateProsecutions

"A judgment of conviction or acquittal on the merits under
the laws of any State or possession ofthe United States, the District
'
of Columbia or the Commonwealth
of Puerto Rico, shall
be a bar to any
prosecution under
this chapterfor the same actor acts."
EFFECTIVE:i01/21/86
H1674-3| E15»-"-=n¢=_ __, _ ____

__ 4____ ___W
! Property is moving in interstate or foreign commerce
in
the possession ofa common
or contract carrier. .
l! The propertyis being
shipped by rail, motor vehicle,
or aircraft.
::ii ! The property

is willfully
destroyed
injured.
or
ti? 4! An attempt is
made to willfully destroy or injure
such property.
]|167-2| POLICY
! Upon receipt of a complaint indicating apossible
violation of this statute, FBIHQ mustbe advised by the most
expeditious means
depending upon
the exigenciesof the case involved
setting out briefly the facts and the action being
taken.
! If any questionable complaints are received, the
facts shouldbe immediately
discussed with
the appropriateUSA fora
determination asto whetheraviolation exists and whether he/shewill
authorize prosecutionin
the event the subjects are identified.
! This statute does not limit
in scope the type of
property covered,
mode of
carriage excepting
water transport!
nor
does it distinguish between a common
or contract carrier.
:EE§ !intent isUnintentional
=?f willful
are excluded.
acts
The element of
specifically required toconstitute aviolation.
Sensitive '
PRINTED: 02/18/98
__ g__ ___ _____.._ a.- - -_,r ---.--.. -T_- --.--.-.-____...,.._,._§...,..-_-1--.r-.

;., --..-.,-'-»_-1-:-
4-,.--_-_92~
s.---; 1.-,1.-:1-92
tégég 6 - -
'::=l . Sensitive

Guidelines
Part I. PAGE 167 3
! Those cases whereinthe willfulness of the act is not

obvious orwhere
circumstances do not
strongly indicate concerted
efforts should be brought to
the attention of the USA
before
initiating anyinvestigation so
that
he/she may discuss the matter '
with state
or local lawenforcement officials
and render
aprosecutive
opinion.
y! Once ithas been
determined either
from
the facts of
acase or uponreceipt of the opinion of the USAthat there
has beena
violation of the statute, an immediate,continuous, andexhaustive
investigation must b sm§£&§v¢tsd;_,u_m__m___m,___ __r__"t__m____u__t_w_
EFFECTIVE: 01/21/86
92|1673| INVESTIGATIVE PROCEDURE

"*3 ! Waybill mustbe obtained
to determine the interstate
§Z;}
'
'
foreign
or character
of the
property
identity of the individual competent
involved,
together with
the
to introduceitinto evidence.
_! lAn examinationmust bemade ofthe damaged
goods.
Foreign
substances, bullets, tool marks, and
anyother
items of
evidence located
must besubmitted tothe Laboratoryfor examination.
! Photographs should betaken when
the damage is
extensive or when
deemed warranted.
! The location of the violation should bedetermined in
the early
stages of the investigation.
! Athorough and meticulouscrime
scene search should
be conductedonce theplace ofYviolation has beenestablished.
! Thorough interviews
must be conductedof all persons
connectedwith
the shipment of the damagedproperty. Signed
statements should
be takenfrom anywitnesses furnishing
information
of value.
EFFECTIVE: O1/21/86
Sensitive
PRINTED: 02/18/98 92
V I
_ __ i _ ______
, __I______2__________
__i____.,7_.:l.,>_,__,__._.t__,f,_._sf7,r_._,__.._.._
,.._.,f__
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c..__ -_-
Vit O C
7I-1':
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.11
his 1 -
,f92J.
5: Sensitive
Manualof InvestigativeOperations
andGuidelines
Part I. ' PAGE
167
||167-4| ossrnucrxon
or INTERSTATE
PROPERTY
IN CONNECTION
WITH
UNIONACTIVITY
' _
! If informationis developedindicating the damage

was
causedas
a result of a strike or union activity, advise FBIHQ
immediately.
! FBIHQ
authority is not neededto interview union
members
in connection
with theseinvestigations;
however,
FBIHQ
should
be
advised prior to conducting
an interviewof union officials.
!In r_=°rms9t_i.9_I1l"ir£h__t_hs=s
i=1Is¥vis"s-
_§i?_3.BF}_i..2EL,
'_
memberBr union official should be specifically and unequivocally
advised that this Bureauis not interestedin the demands
or
merits of
the strike; that this Bureauis
charged with protecting
goods moving
in interstate and foreign
commerce and the investigation is to
determine
whetherthere has
been a violation of Federallaw and, if
there has been, to determine the identity of those persons
responsible. _
I.
'1 ! All major developments
mustbe furnished
to FBIHQby
appropriate
communication,
andall leads
to otherofficesmustbe set
forth by teletype. .p
!In connection with these investigations the

Department has stated:
a! "Whereexplosives are
used or where an
attempt
is madeto injure the driver of
a vehicle
moving on the roadwaysthe
actor hasviolated the statute; in the first casebecause he obviously
intendsto destroythe entire vehicle andanycargo it maybe
carrying;
in the secondinstanceonewhocommits suchan act so
directlydangerous
to the life andsafetyof the driverof a moving
vehiclemustbe presumed to intendall of the natural consequencesof
his recklessact whichwouldinevitably includethe wreckingof the
vehicle andthe destructionof whatevercargoit maybe carrying.
Actsshort of shootingwhose
clear intent wouldalso be
to force the
truck into a wreckedsituation wouldlikewise be fit occasionsfor
prosecutions
for thesame
ultimateobjective
of destruction
of
truck
and cargo is
a presumptiveconclusion." I
b! "While the cases might be more difficult of
proofandlessobvious,
it cannot
besaid thatdamage
notof an
explosive
nature!
to a vehicleat rest is invariablyoutsidethe
statute. Wheredamageis doneto a vehicle at
rest whichmight
reasonably
causeharmto that vehicleat a later timeandwhile in
Sensitive
PRINTED: 02/18/98
z
/ O r» Qt or
- 4
§§§%~
=§$ .. .
Sensitive
Manual
Part
I of InvestigativeOperations
andGuidelines
E PAGE
167 5»
motion
would
fall withinthesame
category
as previously
mentioned
e.g.,theweakening
ofanairbrake
system
oroftherunning
gearthe
intended
effectof which
is to occur
at
a later time. These
cases
would
depend
upon
the specific
kindof
damageoccurring
andthe
probable
intended
results." _ i
' c! "Attempts
at damage
to cargoes
difficult or
incapable
ofdamage
are
to beconsidered
ascovered
unless
theattempt
couldnot conceivably
havebeensuccessful;"
Errscriyg;Q1/2;/86'
pp _ _ _ 4__
g 7 __rgu pg _
92|167-51
VENUE - - E 7
In the district in
which the damage
or destruction
occurred.
If thelocation
of theactis unknown,
prosecutive
jurisdiction
will lie either
inthedistrict
of
origin orthedistrict
Ci:
'
ofterminus
ofthe
shipment. _ p
EFFECTIVE: O1/21/86
11167-6]E mounts
JEOPARDY
Ajudgment of conviction oracquittal
onthemerits
under
thelaws
of anystateorpossession
of theUnited
States,
theDistrict
of Columbia,
or theCommonwealth of Puerto
Ricoshall
be abar to
any
prosecution
under this
act for thesame actor acts.
EFFECTIVE: 01/21/as
|92167-7| CHARACTER
DESTRUCTION
orINTERSTATE
PROPERTY
EFFECTIVE: 01/21/86
Egg?i .
Sensitive c
' PRINTED: 02/18/98
-
_.
.-. ;,
;.;--.¢
I
-.7-3"".
1;-_?]._J ,
5.-' -7
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--
Manual ofInvestigative Operationsand Guidelines 1

Part I _- PAGE -168
SECTION 163.
OF WAGERING
PARAPHERNALIA
168-1
STATUTE .
' Title 18, USC, Section 1953
" a! Whoever,exceptacommon
carrier in the usualcourse
of its business, knowingly
carries
. or
..sends in
interstate
. .1.or
foreign
commercerecord,
any paraphernalia,E}§hQgl_E§5P1f1C§t¬!_blilS3§_}Pj___4M__
't8ké5;'555éii"GEifI5g;"d¥"6iher
used, orto bedevice
used,or
adapted, devised
or designed
for use
in a!bookmaking;
orb!
wagering pools
with
respect to asportingevent; orc! in anumbers,1
policy, bolita,
or similar
game shall
be fined
not more
than $10,000
or imprisoned
for not more than
five years,or both.
_" b! This section
shall notapply to! parimutuel
betting equipment,
parimutuel tickets
where legally
acquired, or
parimutuel materials
used or
designedusefor atracetracksother
or
sporting events
in
connection
withwhich
betting is legal
under
applicable State
law,or
! the transportation
of betting
materials
tbo eus edin the placing
of betsor wagerson asportingevent
into a
State inwhich
such betting islegal
under the statutes of thatState,
or ! the carriageor transportationin
interstate or foreign 1
commerceof any
newspaperor similarpublication, or! equipment,
tickets, ormaterials used
or designed
for usewithina Statein a
lottery conducted
by thatState acting
under authority
of Statelaw.
1" c! Nothingcontained inthis section shall
create
immunity from
criminal prosecution
under any
laws ofany
State,
Commonwealth
Puerto
of Rico,territory, possession,or t h eD'
is t'
ric tof
Columbia."
Note: In regard tothe useof the mail as avehicle of
transportation, violations
are investigated
by
the U.S. Postal
Service
under Title 18, Section 1302.
EFFECTIVE: 01/31/78
Sensitive
PRINTED: 02/18/98
;g ________'
_ ___ _v_.__;__
__,,__
___
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Sensitive

Part I s PAGE 168
163"2 DEPARTMENTAL POLICY
! With respect to bookmaking, Section1953 would

prohibit transportation
of items,such asflash paperintended for
recording of bets, pads
of paper, addingmachines, andsimilar
material, whereitcan be shown
that the material usedwas intended
adapted for such use
! Regarding wagering poolswith respect to sporting

events, the section wouldprohibit transportation of sweepstakes
tickets football, basketball, and baseball pool cards, andsimilar
material, as "ell as snx_9the£_9Pis§t= "hishim§y_Pe uses 1n9§££y1ns
dnsuch_activities
3 Material used in numbers, policy bolita, and similar
games thatis prohibitedfrom transportation would include
slips
on
which numbersare recorded, tally slips, adding machinepaper,
printing plates,presses, and the like. The Department does not
construe thelanguage ofthe lawto extendto lotteries of all kinds,
but rather it should be
confined to the types enumerated and
variations thereof. Games, suchas bingo or punchboards,are not
included in the statute. The Departmentinterprets the work
"knowingly" to require aconscious act on
the part of the person
carrying orsending the
material, which
act wouldrequire aknowledge
of thenature ofthe materialandaknowledge and intentthat the
material be transported. Itdoes notrequire aknowledge of the
specific prohibition
of thestatute oreven ofthe existence of the
statute
EFFECTIVE: 10/18/as

! The records of the carrier should beexamined to
determine thename ofthe shipper, consignee, route,and dateof
shipment
! Any material usedby the carrier or other documentary
evidence thatwould
establish the interstate character of the shipment
should be
obtained
! When transportation is accomplished by meansother

than the use of acommoncarrier, consider the advisability of
surveillances to establish the interstate transportation of the items.
Sensitive
PRINTED 02/18/98
ié . .
>:- Sensitive e
Manual of
Part I PAGE 1683
! The development and utilization of

confidential"
informants, otherinvestigative techniques, and theuseof
the FBI
Laboratory should be considered. .
! Violations of the1nterstate.Transmission
of
Wagering
Information and
Interstate Transportationin Aid of Racketeering
statutes may
accompany violations
of
Interstate Transportation
of
Wagering Paraphernalia. 1.
__ii,§EE§CIIYE3 1Q[l§l33-. Baria r___ni__r___nI__ I _ I- or _
168-4 VENUE t
L
In any district from,
through, or into which such
paraphernalia transported.
3237!
r_; EFFECTIVE: 10/18/88

92.ai
168-5 IREPORTING PROCEDURES

! In 163Acases
involving LCN members
and/or associates
or
168B cases
involving other
organized crime groups
i.e., Asian
organized crime,
Sicilian Mafia,
etc.!, submit
an airtelto FBIHQ
within 60daysof
opening the case.This communicationshould-include
facts predicating
the case
and sufficient
identification data
on the
92
subject s! for indexing purposes.
1! A progress
letter should
be submittedevery
180 days
restating thepredication and
asummary
of the investigation.
! The results and/orsummary of
be
j reported by
airtel.
92-! In 168C
cases,reporting
no FBIHQ
to isrequired.|
EFFECTIVE: 10/18/88
Sensitive
PRINTED: O2/18/98
Sens i-tive
Manual ofInvestigative Operationsand Guidelines 168 -1|

.
PAGE
_Part I 92
_ _
||1686| CHARACTER
- INTERSTATE
TRANSPORTATION
WAGERING
OF
_PARAPHERNALIA
EFFECTIVE: 10/18/88
____.._i__i
92_;¥
9*. .
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§'.'_'?!%
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Part I .PAGE 172
' SECTION 172. sronrs BRIBERY
172-1 STATUTE
Title
18, bSC,
Section 224, effective 6-6-64-
Section
224. Bribery in Sporting Contests
- " a! Whoever carries into effect,_attemptsto_carrybinto

1effEct,7or*conspires with sE§'6thé}
person to carry into
effect any
scheme incommerce toinfluence, in any way,by
bribery any sporting
contest, with knowledge that the purpose of such scheme is to,
influence by
bribery that contest, shall be fined not more than
$10,000, orimprisoned not
more than5 years,
or both.
" b! This
section shall
not be
construed as indicatingan
r - intent on the part
of Congress tooccupy thefield in which this
section operates
to the exclusion ofalaw of anyState, territory,
§ .-I Commonwealth, possession
or ofthe United States, which
would be valid
inthe absence ofthe section shall
be declaredinvalid,
and no local
authorities shall be deprived of any jurisdiction over any offense
over whichthey wouldhave jurisdiction in the absence ofthis
section. g ' .
" c! As
used in this section -
"! The term scheme in commerce means any scheme

effectuated in whole or inpart through the use in interstate or
foreign commerce
of anyfacility for transportation or
communication;
"! The term 'sporting_contest'
means any contest
inany sport, between
individual contestantsor teams
of contestants
without regard to
the amateur orprofessional status of the
contestants therein!, the occurrenceof which-is publicly announced
before its occurrence,
"! The term person means any individual and any

partnership, corporation,association, orother
entityr"
EFFECTIVE: 01/31/78
Sensitive
--'_
Sensitive
Manual of Investigative Operations and Guidelines- -

Part I PAGE.172
172-1.1" Elements
! A"scheme in commerce"
! Designed to influence asporting contest by bribery

!! An
attempt to carry
into effect the scheme or actual
carrying into effect of the scheme or alternately, aconspiracy to do
this, noting that this section contains its own conspiracy provision!
! With knowledge of the.purpose of the scheme
EFFECTIVE: O1/31/78 .
l72*1.2 Exceptions 92
Nothing in this section shall

pre~empt the laws of any
state, territory, commonwealth, or possession of the U.S. or deprive
local authorities of jurisdiction over existing statutes in this
field. '
EFFECTIVE: 01/31/78
172-1.3 Analysis of Statute '
! 'This section makes it aFederal offense to attempt to

or
to influence, in any way, asporting contest by bribery. From the
legislative history it isclear that Congress intended this statute to
cover
not only outright "throwing" of contest but also more subtle
practices, such as "point-shaving." The section covers both the
briber and the recipient, be he
participant, coach, trainer, referee,
or anyone else who could in fact "influence" the outcome of the
contest.
! It is also evident from the legislative history of

the section that Congress intended to extend Federal jurisdiction only
to those schemes which involve interstate use of interstate facilities
in carrying the scheme into effect.
. -! "Bribery" is not defined by the statute, and at

common law
referred only to the misconduct of public officials. The_
Department has advised, however, that it is apparent the congressional
Sensitive
PRINTED: O2/18/93
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.2;
Sensitive _
I
Manual
Part I of Investigative'
AOperations and Guidelines
K -PAGE 172'
3
intent wasto use the wordin its generally acceptedcontext, such
that it includes theoffering of any reward
to
any one who could
influence thecontest byacting or not acting! in amannerother than
he
would have but for
the bribe. 7
! When investigation under this section encompasses a
ssible violation
of theFederal Communications
Act, the
provisions
po Title 47, USC, Section
atute!, are applicableto
409 ! referred to
as the FCC
the grand juryinvestigation.
immunity
Consideration ofsuch actionshould besuggestedto
the USA where _
of
grand jury presentment is warranted.
st
EFFECTIVE: 01/31/78
sC -
F-"">._
?
P
'-1
. U" 172-2 POLICY
! FBIHQ mustbe immediately informed

by expeditious
means, depending upon the urgency of
circumstances,all
allegations
of
of violations of
this statute. Seekingprosecutive opinionof
appropriate USAs in thefield
is authorized. However,
FBIHQ, because
of expected widespread public
interest in casesinvestigated and
prosecuted under
this statute,
must be
kept fullyand currently
advised of all developments.
! Every effort mustbe made
to avoidcharges
of
illegal
arrest withoutawarrant at the scene ofabribery payoff. Where
facts of asubstantive offense, suchas_offer orsolicitation, are
learned priorto actualpayoff,consult
the USA asto
the desirability
of obtaininga warrantof
arrest, based
on such offense
already
committed,be to served
at timeof payoff. Opinions ofthe USAin
this regardmust beclearly indicatedin reports.
! The USA must
be
consulted prior to-takingany action
with regard
to
renewal of offer, solicitation,or
payoff which
might
involve entrapment.
"Any
indication of entrapment
must bebrought
immediatelyto
the attention of the USAand FBIHQ.
EFFECTIVE: U1/31/78
»..
if-2'
bi"'7Sensitive
Manual of
Part I »PAGE 172 4
' ! Information concerning bribery attempts may be

92 received from established sources, such as school
officials;"coachesj
game officials, or the players themselves. When information
is" '
received from informants or sources that
attempts are being made to
rig acontest or large wagers arebeing madethat would indicate a
.
5 contest has been rigged, appropriate investigation should be
conducted. " '
! Identify sports contest involved.

I! Immediately make discreet efforts through reliable
informants and sources to identify the conspirators and
their targets,
whether they be players or officials.
! Identify proposed method of
communication or liaison
between conspirators and targets.
7-!- ! Attempt to effect coverage when contact is

made.
I
:
-.:..A'/ ! Cove5_contestand identify subjectshasmspectators and
record theiractions byappropriate observations
or means.*
EFFECTIVE: 10/13/88
172-4 VENUE
' In
any district from, through, or into which travel,
transportation, or communication
in
violation of
statute has occurred
Title 18, USC, Section 3237! o
EFFECTIVE: 10/13/88
Sensitive
PRINTED: 02/18/98
.'i
.,_.
*w~
:__
Y*5
d~P vl
_, A
in
.;,-Ail
Sensitive »._
-::
-?P"r!
Manual of Investigative Operations and Guidelines ask
Part I - _g ' .PAGE172 W
' .,-'
.1 1.,-.
172-5 |REPORTING PROCEDURES JI
Iu
5-3»-
! Immediately inform FBIHQof all allegations of . .
V
violations of this statute. __ ¢-
! In 172A casesinvolving LCN members and/orassociates

or 172Bcases involving other'organized groups
crime i.e., Asian
organized crime,Sicilian Mafia, etc.!, submit an airtel
to FBIHQ
within 60 days ofopening thecase. This communication should
include
facts predicating
the caseand sufficientidentificationdataon
the
subject s! for indexing purposes} _
92
Y
_bi ! A progress letter
should he
submitted every 180days Vs.
-.»
restating the predication and a summary
oEthe investigation. F
I! The results and/or summaryof investigation should be 92-¢

reported by airtel.
" _! In 172Ccases, noreporting isrequired, other than 4-.
the initial advisement to FBIHQ asin ! above.
EFFECTIVE: 10/18/88
||1726| CHARACTER SPORTS

BRIBERY 4-Ii
1
.~_-2.
-.-*5-<
EFFECTIVE: 10/18/as i
.3 , <T
»an
a
-e
Sensitive
311:
m - Sensitive
Manual of
Part I PAGE 173
-1
SECTION 173. CIVIL RIGHTSACT OF1964
173-1 BACKGROUND
" _The Civil Rights Act of

1964 was enactedinto law on
7-2-64 andbecame effectivethat date with the exceptionof
the
employment provisions
whichbecame
effective 7-2-65. Theprincipal
items whichaffect the Bureau'sare
work
the titles dealing with
4_EEbLiF aggpmmggati0nsL_pgQl§g_g§ggg§igg._Qg§lig_§§gi}ities,
and _ _ _.___L -____ 8
employment. ' "
EFFECTIVE: 08/08/78
173-2 STATUTES
/7.
Public Law 88-352 Civil Rights Act of
1964 Title 42,
92_E Section 2000!
245, PublicLaw 92-261
- Equal
Employment Opportunity
Actof
1972, effective 3-24-72.
EFFECTIVE: 08/08/78
173-3 POLICY _
i! Do not advise personsinterviewed of

their rights
except wheninterference byforceor
threat of force, interference
with witnesses,or
other obstructionof
justice is present. Be guided
by Section
7-3.2,of
the Legal Handbook
for Special
Agents concerning
confessions
and interrogations. '
! Interview may be
conducted in the presence of
attorneyifrequested by
interviewee. Two Agents
should bepresent at
all interviews of
subjects and witnesseswhen thepresenceof
an
attorney is anticipated. SACapproval should
be obtainedin such
instances. Ifcircumstances indicate that the interview should not be
conducted in
the presence
of
the interviewee's attorney,
furnish full
details to FBIHQ
with
your recommendations. Any other interviews
should beconducted bytwo Agentswhere goodjudgment sodictates.
! Do not identify source of
complaint to any person
Sensitive
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IUNIIIIIIIIIIIIIIIIIIIIIIII----__________
"Fifi:
.79:. Sensitive
Part iIPAGE
and Guidelines 173
- 2
interviewed
or
contacted during
the course anof
investigation.If
necessaryeffect
to identificationof specificincident involved,
it
is sufficient
to stateto theeffect
that aCivil Rights Act
of 1964
investigation being
is conducted
identifying victim hasofbeen
by name! allegation
that92victim
discriminated against.
' '
|!Field officesmay communicate
directlywith
the 1
men tt of JusticeDOJ! Civil
Rights Division
CRD! attorney
who
generates
Depar
written
a verbal
or request
for investigation,
,
the latter
of
which will
also be
documented
D01byand
subsequently transmitted
to
the fieldby airtelfrom
FBIHQ. "In theevent
field offices strongly
disagree with_the
m;m-WWmMr.. requir
,..snmW.M ents"of_the_QQl_investigative
U .r .rl-.._.. it requests__4_
andl
g_,
ortaskin
s and
cannot resolve these
issues with DO], field
offices should
contact the
Civil
Rights Unit, FBIHQ.92
EFFECTIVE: 08/10/94
173-3.1 Privacy Act 4Requirements

C1 ! When interviewing thesubject, agent or
representative. . performing
management functions,
in order to solicit
information about or ,. activities,
5Ub]ECt SUb]BCt s .. .. .
theinterviewig n
Agent must
follow the
procedure described
inSection190-5,
subparagraphs and! !of thismanual. Inall civil rights-type
noncriminal! investigations,
the interviewee
is
to be provided with
form
FD-496.'
The FD*302
used'
toreport
results
' f'
of theseinterviews
should
clearly state that
the interviewee wase hd
urnis a co
py of
this
statement.
! When interviewing an
individual tosolicit
someone other
than
the interviewee thereby
classifying that
individual as
asourceof
information!,the -
interviewing
Agent
must follow the procedure relating
to promises
of
confidentiality described
as in
Section 190"?
of
this manual.
EFFECTIVE: O3/03/73 1
;x1'
.»"=
. _ -. 1
J;-1
Sensitive
. PRINTED: O2/18/98
Sensitive p

Part I ' '
'
PAGE 173 -
173-4 PUBLIC ACCOMMODATIONS
-Section 201. Provides injunctive relief against

discrimination because of race, color, religion, or national origin in
places ofpublic accommodations;
i.e., establishmentoffering lodging
or food for consumption on the premises, gasoline*station, and place
of entertainment if its operation affects commerce or if
discrimination or segregation by it is supported by state laws.
173-4.1 Establishments Covered
! Inn, hotel, motel, or other establishment which

provides lodgingto transient guest, other than an establishment
within abuilding which contains not more than
five rooms for rent or
hire and aportion of such establishment is actually occupied by the
proprietor. Category 1!
'! Restaurant,cafeteria, lunchroom, lunch counter, soda
fountain; or any gasoline station. Category 2!
! Hotion~picture house, theater, concert hall,
sports
arena, stadium, or other
places of exhibition or entertainment.
Category 3!- -
! Any establishment which is physically located in any
covered establishment; e.g., abarbershop in a motel or hotel.
Category 4!
i! Private clubs are exempt except to the extent to
which they open their facilities to an
establishment covered bythe
act. See instructions below for "Private Clubs" and "Private
Facilities" under Category 4.! _
EFFECTIVE: 12/08/78
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.;i1
'l-_*.r_- Sensitive
Manual
Part I of
InvestigativecOperations
, and Guidelines PAGE -173
4
173-4.2 '
Preliminary Investigations
[! By memorandum 10/25/78,
dated the
Civil Rights
Division CRD! advised thatresponsibility for
enforcement Public
of
Accommodations StatutesTitle II, Civil RightsAct of1964! has
been transferredfrom theDepartmentJustice
of tothe respective
USAs indistricts wherealleged violationsoccur. TheCRD instructs
that allnew public
accommodation complaints
received the
by FBI and
all LHMsand/or investigative
reports be
sent directly
to theUSA in
the districtwhere violation
occurred. Any
request forinvestigation
of allegedTitle
II violations received
from the
USA's should
Office
_n_lI__"_l__l_lQ_l____,_Q_ll-.._
be conducted oQ§_the
o.l- CRD
without pr1or_apprqgal '
The r____
,_llI
CRDwill re ain_
'
review'
authority over pu b1'c
1 accommodations
matters consistent with
its generalsupervisory responsibility
for civil rights matters
USA Manual8-1.000! and
desires copy
of LHM or report;submit two
copies ofreports and
three copies
of LHM to FBIHQ for
dissemination. ,
_! The CRD also directed theFBI conduct

preliminary
investigation of
alleged violations
upon receipt
of a
complaint from
acitizen. when _conducting
apreliminaryinvestigation, follow
instructions setout below
for the particular category
of
establishment involved.
Notify FBIHQ
and appropriate
USAin
writing
when instituting investigation in these matters.
.! ACRDmemorandum
6/22/78,
of tothe Director,
FBI set
forth guidelines
for conducting
preliminary investigations
relating to
public accommodations.
The Department
notes theseinstructions will
supersedereplace
preliminaryand all
prior
Titlememoranda
investigations
under covering
II of "standard"
the Civil
Rights Act
of A
1964. The
standard preliminary
investigation
isnormally to be 7
completedfull.
in Throughout
the guidelines
below the
words
"blacks
and Hispanics"
areused
and where appropriate these words
should be
read torefer towhatever race,
color, religion,
or national
origin
is
alleged tobe thebasis ofthe discrimination.r
h! The Department's instructions
for investigationare
as fol1ows:| .
" "The ownership of
any establishment
or facility should
always established
be although
not specifically
requested under
each
category.
Where
the complaint originates
with theFBI, and
statements
are obtainedfrom the
victims ofthe detailsof theincident, the
victimsneed
not be reinterviewed
unlessaspecific request is
made to
do so. The following
investigation will
comprise thestandard
applicableall
to types
of facilities.
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Part I -PAGE 173-
"Section 201 b! of the Act sets forth four categories of

establishmentswhich
are subject to
coverage under Title II. The
investigation requested
for eachcategory willbe listedseparately.
Category ! Any inn,hotel, motel,
or otherestablishment which
provides lodging to transient guests.
"a. If it is initially determined that the
establishment hasno morethan five rooms
and aportion of the
establishment is actually occupiedby the proprietor, it is
not
coveredmunderAct.the How§ygr,_priQ5_to_te£mipating_the
;__W_ 4_ M
investigation, determineéwhether
Category !applies and,if so,
follow-the instructionslisted underthat category. Otherwise proceed
as follows:
'
"b. If the complaint alleges arefusal of
accommodations because
of race, color,
religion, or
national origin.
'2'-_._-"i! Interview the victim or victims and any
witnesses for specific details.
92-/'
ii! Interview the manager or proprietor
concerning the present policy of renting
rooms
to blacks, Hispanics, etc., and
ascertain the number and type of
accommodations, if any, which were
available
at
the approximate time of the victim's
arrival. Note the type of records used to
record andretrieve this information and,if
permitted, personally check
the records for
confirmation. It is a common
practice to
hold
non-guaranteed reservations only until
6:00 p.m.
or shortly thereafter.
Accordingly, rooms may be available after
6:00 p.m.! Determine if it isa policy to
notify prospective guests of this
information and whether the victim was so
notified.
"iii! If it is determined that vacancies were

available, interview the desk clerk who was
on
duty at
the time and ascertain the reason
the victim was not given accommodations.
cg;% "iv!
.E@&_ .
Determine
thewhether
subject
establishment
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Manual
Part I of
andrGuidelines
PAGE - "6
173
has ever followed, for any reason,acustom
or policy of refusing accommodations to
blacks, Hispanics,etc. If so, ascertain
the approximateperiod of such customor
policy and
the reasons
therefor. '
"v! Interview arepresentative number of
non-management employees,
minority and
non-minority, preferably away from the
establishment asto their knowledge ofa
practice ofrefusing accommodations
to
' I ,_1=,_1a5=_l_§=»,,Hispani_<;_§.-_st_<=.
_, -_ _r,_
,_ _____.,_
_I .__#_,_I._I;_
__,
"vi! Note the presence
and locationof_any
t discriminatory signs
and photograph same.
"vii! Ascertain the name and address of the owner
or ownersof establishment. If the owneris
acorporation, ascertain thename and
F; registered address of
the corporation
and
' the names and
addresses of
the officers and
92~" 'directors. '
"c. If the complainant
alleges discriminatory
ractices by
the establishment,
such as
charging higher
rates to
blacks, Hispanics
P or other
minorities, setting
aside certain
rooms or
sectionsthe
foraccommodation
of blacks,
Hispanics,oretc.,
I
discourteoustreatment orservice byemployees,
"i! Interview the victimand any
witnesses for
specific details.
"ii! Interview the employeeor employees
involved.
"iii! Interview the proprietoror manager

as
to
his knowledge of the incident of
discourteous treatment or service. Also,
determine his knowledge of any other
discriminatory practices and ascertainwho
is responsiblefor the existence ofsuch
discriminatory practices.
"iv! Interview arepresentative number of
employees, particularly
room maids
and bell
:i;§
=?§& _
hops, preferably
from
away
the
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Part I .
establishment, as to their knowledge of such

discriminatory practices, whether the
management
is
aware of such practices, how
long they have beenoccurring, andwhether
they occur frequently
"Category ! Any restaurant,

cafeteria, lunchroom,
lunch
counter,
soda fountain,
or other.faci1ityprincipally engaged
in selling food
for consumption on thepremises, including,but not limited to, any
such facility locatedon
the premises ofa retail establishment.
Upon receipt
of complaints
regarding gasoline
stations, the
D rtment should be solrc F
"QP_§__u,,,._.__,._4___WA__é____
' i§2§._th£9ush
FBlH9,_fg5_§Ps=ifi¢"7
guidelines.!
"a. Determination of Discrimination or Segregation
"i! Interview the victim or
victims and any
witnesses for specific details.
7"!, éh uii! Identify and

interview the employee
or other
erson
involved in the particular incident
iTas
92-i...-W
P to his or her version of what occurred.
Ascertain if the employee is under any
instructions as to providing service to
blacks, Hispanics, etc.,
or whether it is a
custom or practice of the establishment to
refuse service to blacks, Hispanics, etc.,
or to provide discriminatory service suchas
maintaining separate areas for blacks,
"Hispanics, etc., or providing carry
out
service only.
"iii! Interview other employees of the

establishment as to the custom or practice
of providing service
etc., and
regarding same. to
blacks, Hispanics,
what
instructions they are under
Interview the owner,

his or her
manager or
proprietor
incident. Iliv!
regarding
of the
Ascertain
establishment
knowledge of the
what the present policy
is with respect to
serving blacks, Hispanics, etc. Determine
how long the policy has been in
effect and
the details of any previous policy different.
from the present.
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Investiga ive Guidelines PAGE 173 -
Part I i
Irv! Determine whether the establishment

maintains separateserving areascustomarily
used byminorities. If so, prepareasimple
diagram of
the establishment
showing the'
location of the separate area with respect
to the main area, the location of any
separate entrance, separate washroom
facilities, and any signs
designating the
area for use by minorities. Photograph the
exterior and interior of both the main and
_§sPsrats_a2saian§_asyW5isesr_iri._r_"-ii__ml__.i_ _e___e___e_
92
llvi! Interview a representative number of
minority patrons who utilize the separate
area and ascertain a! How longhave they
patronized the
establishment. b!Have they
at any time soughtor receivedservice in
the main area. c! Have they ever sought-
and beenrefused service in the main area.
f§ d! Havethey everobserved or
know ofother
M-.1"
minorities who have either requested or have
been denied
service in the mainarea. e!
What is their understanding of the
establishment's policy
with respect to
serving minorities
in the main area. E!
Nhat'is
their
reason for utilizing the
separate
area,
i.e., do theyfeel theywould
be refused service in
the main area,treated
discourteously, or charged different prices
for the same services and g! if the
uti1ization_of the separate area is a carry
over from past segregated laws or customs
which existed prior to the passageof the
Civil
Rights Act of 1964, havethey at any
time since 1964 beennotified by the
establishment that they could be servedin
the main area.
vii Where there are no dual facilities and the

only witness is the victim, if the owner or
proprietor denies any policy of _
discrimination,_interview a representative
number of black residents inthe community
and other minorities, if appropriate, as to
their knowledgeof adiscriminatory policy
"-L-L: Ii
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IIINIUNIIIIUIIIIIII--__-___W ' ..-.. .;
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Manual of
and Guidelines
. PAGE 173 -
Part I
at the establishment.
"b. Coverage:
Hi! Anyestablishment
under this
category
located on an
Interstate of United States
Highway isautomatically covered
and no
further investigation on coverageis
required.l
viii!
Any establishment which isadjacent toan
ei rvvrt, ,|l9245___§§£@,i,£!§_1,_.°E__l1.!31!!._§ll§.§!-_9£_}s
.-
automatically covered.
"iii!
Any establishment
which isin theimmediate
vicinity of an
airport, bus terminal,or
train station is,
in most cases,
automatically covered. However, it is
necessary toshow thatthese
establishments
serve or offer to serve travelers who use
these facilities- Coveragewould
be
C? established if the establishment
acknowledges that
they serveor offer to
.
serve travelersusing these
facilities. The
management
such
of establishment
should be
questioned concerning
their policy. If the
response is
negative orequivocal, then
complete the
following investigationon
coverage which
applies toall establishments
in this category not mentioned above.
uiv! I Obtain fromthe owneror manager,
a dollar
amount ofhis expendituresfor food and
non-alcoholic beverages
for each of three
months preceding
the investigation. From
this statement, identify the most
costly
items purchased,such asmeats,
poultry,
seafoods, dairyproducts and produce. Obtain
the namesand addresses of the suppliers of
these products.andinterview them as to the
source in-state or out of state! of these
products. Inmost instances,
the immediate
supplierwill
be able to furnish this
information. If not itwill be necessaryto
follow through on the immediate suppliers
source
until it can definitely be
'~
. T,-2;
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..92
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Manual
of
Guidelines
-PAGE 173 - 10
Part I -
established whether
the goods
moved in
interstate commerce.Copiesof
records of
purchases
from
suppliers should be
made
if
it appearsthat the records will not be
maintained for at least six monthsfrom
date of
the investigation. the
nv! Ifany facility under

this category claims
to be a private club, unlessotherwise
indicated, it will be sufficient to obtain
informationtoshow whether membership is
.9P§2.¢2I¢h¢rssn2£a1
@5592;
puhlisi blasts,
rI__ f
Hispanics, etc.,whether members have any
voice in the operationofthe facility
including passing onnewmembers and whether
the facility is
actually owned by
others
than themembers. Ifthere is amembership
:j=Category
" ! Any
'!
motion
ncert
house,
picture
cotheater,
' requirement,
hall, sports
how are members selected.
arena, stadium
or other
place
of
exhibitionor
entertainment:
- "a. Determination
of
Discrimination
or
Segregation
thevictim or
victims
specific details.
and any
Hi! Interview
witnesses
for
A
"ii! Interview the owner,
manager, or proprietor
regarding
his or
her knowledge of
the
incident. Ascertainthe facility's
present
policy withrespectto
admitting blacks,
Hispanics, etc.,or
permitting blacks,
Hispanics, etc.,to
participate in any
functions conducted
by or held within the
premisesof
the facility.
Identify andinterview theemployee other
or
"iii!
person
involved in theincident as
to
his or
her versionof
what occurred. Ascertainif
the employee
is underany instructions
as to
admitting blacks, Hispanics, etc., or
permitting blacks,Hispanics, etc.,_to
fparticipatein
functions conducted by or
held within the premises
ofthe facility, or
whether tothe knowledgeofthe employee, it
is apolicy, practice,or
custom to refuse
Sensitive
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PAGE 173
equal service to blacks, Hispanics, etc.

Interview other employees of the facility as
to the practice, policy or custom of
admitting blacks, Hispanics, etc.,to the
facility or permitting blacks, Hispanics,
etc., to
participate in any functions
conducted by or held within the
premises of
the facility, or to
refuse equal service to
blacks, Hispanics, etc.
ovesassg c _ ¥__l_. ,m_. ll __ _l_
With respect
to theaters which commonly
present
motion picture
films, determine the
name of the distributor of the films
presented. Interview the distributor and
ascertain the out of state source of all
films shown within the past
six months.
With respect
to theaters and concert halls
which commonly present
entertainment other
than motion picture films, determine the
type of entertainment which is commonly
presented. Ascertain the particular event
which was being presented at the time of the
incident and the name of the person or group
who was performing and whether they were
from out of state. Also, ascertain a Z
description of all
performances which were
presented within the past six months, the
name of the person
or group and whether they
were from out of state. As to all
performances presented within the past six
months, obtain the name and address of the
agency which booked the performance.
with respect to bars, lounges, or other

similar facilities;
"1! Ascertain if any live entertainment is

presented and, if so, obtain the
information requested in ii! above.
"2!A Identify any mechanicalsources of

entertainment e.g., pool
tables and
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Manual ofInvestigative
Part I' PAGEOperations
and Guidelines 173 -12
related equipment, pin ball machines,
juke boxesor,other devicesproviding
music!.
Determine thename and

address of the
manufacturer and supplier of such
sources of entertainment. If readily
ascertainable, determine the
manufacturer's serial
number of any
source of entertainment.
If_any_faci1ity_under this category_m4M_m____

serves food,
ascertain the
dollar
amount
of purchases from all sources
for the past three months. Fromthis
amount,
determine the dollar amount
which representsfood purchases.Obtain
the names and addresses of the
principle suppliersof food products
rr".
and interview the suppliers to
,.
determine the
dollar amount
of such
92..
purchases which
originated from
out
of
state.
"iv! With respectto all other

places of
exhibition or entertainment, such as
athletic fields, parks, playgrounds,
swimming pools,beaches or lakes;
Ascertain whether such facilities
presentevents
which are engaged
in,
utilized by, or
available to persons
from out of state. '
Ascertain whether the facility utilizes

equipment ofany kind,
e.g., golf
carts or equipment roller or ice
skates, automatic bowling pin setters
or
bowling pins, boats, ramps, boating
equipment, divingboards or other
swimming equipment!or
any other type
of recreational devices or
equipment
which
originated from out_ofstate.
Determine the name and address of the
iii? H3! manufacturer and supplier of all such
0 -
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if-'-'.r
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Manual of Investigative Operations and Guidelines - PAGE 173

Part I
entertainment devices or
equipment.
"4! Determine what facilities e.g.,

" benches, seats or other designated
areas! exist
for patrons either to
watch any entertainment presented orto
observe any other patrons entertaining
themselves by use of such recreational
devices or
equipment}
"5! If any facility under this category

serves f<>=»2,_.s§.ss.££si==
L112. <1qL1_er
amount of purchases from all sources
for the past three months. From this
amount, determine the dollar amount
which represents food purchases. Obtain
the names
and addresses of the
principle suppliers of food products
and interview the suppliers to
r'7"»-_ determine the dollar amount of such
purchases which
originated from out of
.-y state.
"v! In many instances,

athletic and sporting
events are provided for local groups such as
Little League, Babe Ruth and other such
groups or teams, youthand adult. In these
circumstances, it will be necessary to
identify and
interview the sponsors of the
teams
and ascertain their policy with
respect to participation by
blacks, t
Hispanics, etc.
Hvi! In the event any of the above facilities

under this category or groups,
teams, etc.,
utilizing such facilities claim to be
private clubs, conduct the additional
investigation listed below under "private
clubs," unless otherwise requested.
"Category ! Any establishment
which isphysically located
within
the premises of any establis'
h
men ttho erwise covered by
this statute or
within thepremises of
which-is physically
located any
such covered
establishment and
which
holds.itsel£ out as serving patronsof such
covered establishment. _
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Part
I jPAGE 173 -14
"a. In most cases, this category will involve
covered
establishments suchas
hotels and motels,
which have
located
on orwithin
their premises other
establishments which
would not
otherwise becovered, such
as
barbershops,beauty parlors,and bars.
In suchcircumstances, the
principal establishment
is automatically
covered. As
to theother facilitiesitis only necessary
to show
that
they serve
or offerto servepatrons of the covered
establishment.
Some facilitiessuch as
bars orlounges willmaintain
that
they are
private clubs.
However,patrons
if or
guests of theprincipal
establishment are
freely
offered membershipservice
or inthe other
establishment,
itmay be assumed
without further
investigation, that
such facilities are covered. _ _ _ éé
n_
"b. Private Clubs:

"i! Obtain, if available, acopy of the club's
bylaws or
charter;
viii!
Determine the legal entities involved in the
F"{92_
ownership ofthe property andmanagement
of
the club e.g., corporation, partnership,
-w unincorporated association, sole
proprietorship! and the names,addresses,
- and race
of persons involved e.g.,
partners!; determine
the presentclub
officers and methods by which they were
selected; *
"iii!
Determine whetherany numerical limit is
set
upon membership in the club; -
lliv! Determine whether payment of any dues,

annual
or lifetime, is required in
connection withmembership inthe club, and,
if so, in what amount;
"v! Obtain acopy of anymembership

list
that is
maintained; I
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Manual of Investigative Operations and Guidelines - 15

PAGE 173
Part I
llvi! Ascertain the number of members of the club

and whether there are any non-white members;
if there are, obtain their names and
addresses; ' '
vii! Determine all details of the procedures by

which aperson orfamily makes application
for membership in, and is admitted to, the
club;
_ __ _ _"Yiii!,__ MAscertain_whatrgualifi§ati0ns._if_any,"a_mi",,_ _i_i____i____;_

prospective membermust
meet to be eligible
for membership and what items,
if any,
disqualify him; .
Nix! Determine whether the recommendations of

existing members are required from
prospective members;
ii,
nx! Determine what control, if any, existing
5':-Q-P members have over the admission of
applicants for membershiP; e.g., whether
there is
a membership committee selected by
the members to represent them!, if such a
membership committee exists, obtain the
names and addresses of its members, whether
there is ablackball system by which one or
more individual members can reject an
applicant even though he
might have been
recommended by another member or members,
whether notice of pending applications is
given to existing members, whether existing
members are notified after
an applicant has
been admitted;
ltxi! Ascertain whether the members exercise

control over the financial operations of the
establishment and to what extent e.g., do
they own any of the property, do they
determine how the revenues from the
establishment's operations
are used, are
these revenues retained by the -
establishment's manager!;
"xii Ascertain whether the club advertises in any
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Manual of
- PAGE 173 -16
Part I -
manner
and, if possible, obtain copies of
all advertisements. If copies cannot be
obtained, please describe the_
advertisements, including whether such -
advertising indicates in any way that the
subject establishment is aprivate club not
open to
the general public;
"xiii! If the subject establishment is listed in

the local telephone directory, determine
whether its_li§tins_ssn_bs_9i§;inguishsd __ll
from any other restaurant or other place of
public accommodation
and whetheritis
designated as aprivate club;
"xiv! Determine the established procedures, if

any, for permitting non-members
or guests of
membersto
use the
subject establishment's
r"*"_- facilities e.g., whether nonmembers can
E rent the facilities of the club!; and
ll--J"
uxv! Determine whether the establishment has ever
been operated on somebasis other than a
private club. If so, please obtain all
details, including date of, and reasons for,
the purported change to aprivate club.
"b. ! Private Club Facilities
I i"This group will involve bonafide private clubs

which
operate facilities whichmay be
open
to
the public. Such
groups
will include organizations whichare clearly private, such as
fraternal or military organizations e.g., Elks and Moose Lodges, the
VFW and the AmericanLegion!. In order to determine whetherthe
facilities they operate areopen tothe public and thereforewithin
the coverage of
Title II, conduct the following investigation:
_| ni! Ascertain what precise policy is followed in

admitting guests to
the facility.
nii! May non-members

of the
club be admitted who
are not invited by members. 1
K??? "iii! What procedure

is followed in determining
whether a non-member isauthorized to be
i Sensitive '

Part I PAGE 173
"
admitted.
If any customers are present on

the
premises, interviewarepresentative number
and ascertain if they are membersor
guests
of members. If they are neither, ascertain
under
what circumstances they were permitted
to enter, whether
and how often they have
patronized the establishment in the past,
and whether they were ever asked to show
whether they were guests of members. If
the? claim t° be BE°5§§bE§mP°mb°E§;_. __
i4_ _ _ _
determine therprocedure they are required to
follow in order to be admitted e.g.,
required to sign aguest book or required to
be accompanied by the member, etc.!."
EFFECTIVE 12/08/vs
173-43Copies of Communications
and Deadlines
Submit two copies of a report to FBIHQwithin
21 workdaysof receipt of a complaint. _
EFFECTIVE O4/O8/80
173-4 4 Repeated Complaints

Same Establishment
Where the same accommodationis involved in numerous
refusals of service, onecase may
be opened
and victimsand
dates
added
to the title as
complaints are received.When logical
investigation hasbeen completed,
case may
be closed,subject to
reopening when
additional complaints
are received.
EFFECTIVE 04/08/80
173-5 PUBLIC EDUCATION
Sensitive
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,
Sensitive _
Manual of
and Guidelines PAGE 173 *_
18
Part I
EFFECTIVE: 04/08/80
173-5.1 Definition
l Aplaceof public
educationany
is education
institution
operateda bystate,any subdivision
of astate,any Government92agency
withinastate, or operated
wholly or_predominantly
from or
through
theuse
of governmental
funds
or property derived
from
agovernmental
source. '
__i,,...._._
ii_*_._.1; .._
.._4...__4._.
_i i_ _.ih.___W__.r
ii. IW
-___
e .-es-_.~i-
_.-
EFFECTIVE: on/oa/so
173-5.2 Basis
of Complaint
Take the
following action
upon receipt
of a complaint
r~ allegingdiscrimination because
of race,
color, sex,
religion,
or
5national origin in aplace of public education.
! Interviewcomplainanttake
and signed
statement
to
include:
a! Pertinentpersonal history
and background
information.
b! Full details ofthe alleged
discrimination.
' 0 c! All information the
complainant regarding
has
the operation
of thepublic school
or
public school system
on a
dcriminatory
is
basis
and the identities
of any
other persons
who have
sought
the
use of the
school on anondiscriminatory basis.
d! Full details ofany other
efforts made
by the
complainant
others
or complainant's
on to
th
rectify
lainant
behalf
the alleged
to
discrimination and
the ability or inability of ecomp
'
1 lction on his/her
own behalf
or through
some interested
organization.
bring ega
thisInconnection
a
the
complainant
shouldbe
bl tsue
not asked
inasmuch
whether,in
his/her opinion, he/sheisable or una e 0 ,
.as this'
ld
wou be a
g 1eal
conclusion
. Complainant should,
however, be
asked for
general information
regarding his/her
employment,
'
' whether
he/she owns home andautomobile;so, 0fthe
if tofurnish description
1 hw
.};£ house and automobile.Aso 0 man
y dependentsthe complainant
he/she" '
7%? supportsand whether of anycivi'1
isamember rig'
hts
.:_,._
Sensitive
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t
Sensitive
Manual
of Investigative
Operations
andGuidelines
- PAGE 173 19
Part I
E- ~
organiza t 10n thatprovides
legalcounsel
in this
type of cas
,!If thecomplainant
refuses to submit
a signed
statement
I
takenofurther
action
andsubmit
anLHH
setting
forth
facts of complaint and details of the interview.
EFFECTIVE: O4/OB/80
173*5.3 "Preliminary Investigation

7 I Q
lid *_Interview
f1 aSW4""*_'"'A'_i*E§é?'»¬E¥H|'§_'
representativenumber
0 0
named
by the complainant.
1 H! thesuperintendent
Interview or other
appropriate
ble for operationof the schoolto
personor personsresponsi
determine:
-' a! Fulldetailsof situation

described
by
i complainant.
-
92-._'.-'
b! What
policy
andpractice
have
been
followed
with
respectto operating
in a nondiscriminatory
manner.
c! Whether
anychange
in
such policyor practiceis
contemplated.
EFFECTIVE:O4/D8/80
173-5.4 ReportingDeadline
Submit
reportwithin21|workdays92of
receiptof the
i complaint.
EFFECTIVE: O4/U8/80
173-6 PUBLIC
FACILITIES
Sensitive
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Sensitive
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Part I - PAGE 173 20 ;'
EFFECTIVE: 04/08/so
173-6.1 Definition _
-A public facility is one other than aplace of education
which
is owned, operatedor managedby or on behalf of any state or
subdivision thereof.
W1iE.F.!3C_II92,E=__Q§L03L8_0_
, I...
__,. I. __ _- _
173-6.2 Basis of Complaint
Take the following action upon receipt of acomplaint

-. alleging discriminationbecause ofrace, color, religion, or
national
origin
.'I' in a place
of public facility.
1:
s ! Interview complainant and take signed statement to
..;./" include: I
a! Pertinent personal history and background

information. '
Qb! Full detailsof thealleged discrimination.

c! All information the complainant has regarding
the operationof the public facility on adiscriminatory basis andthe
identities of any other persons whohave
sought the use of the
facility on anondiscriminatorybasis. '
d! Full details of any other efforts
made by the
complainant orother
on his/her behalf
to rectify the alleged
discrimination and the ability or inability of the complainant to
bring legal action onhis/her ownbehalf or throughsome
interested
organization. In this connectionthe complainantshould notbe
asked
whether, in
his/her opinion, he/she isable or unable to sue, inasmuch
as
this would be a legal conclusion.. Complainant should, however, be
asked
for general informationregarding employment,
whetherhe/she
ownshomeand
automobile; if so, to furnish description of the house
and automobile. Also howmany dependents
the complainantsupports and
whether he/she is amember of any civil rights organization that
L provides legal
counsel in this type of case.
Sensitive
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' Sensitive

Part I PAGE 173 - 21
! If the complainant refuses to

submit a signed
statement, take no further action and submit_an LHM setting forth
facts of complaint and details of the interview.
EFFECTIVE: 04/08/80
! Interview a representative number of other victims

n_e1I1s.s=L1;yJ.tLass>192Pl.a_in=nI._ 7I, i____._.rWrr 4lF?l- _ ._____--..-._
A ! Interview the manager or other appropriate person or '

persons responsible for operation of the facility to determine:
. a! Full
details of situation described by
complainant.
*2 b! What policy and practice have been
followed with
respect to operating in a nondiscriminatory manner.
__1
=> Whether any change in such policy or
practice is
contemplated.
" EFFECTIVE: 04/08/80
173-6.4 Reporting Deadline

|Submit report within 2l|workdays|of receiptof the
complaint. '
EFFECTIVE: 04/08/80
Sensitive
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-_ - _1|I|If-** =4,,,.s..i.n.u-Lziv-14L*+---~1--§1<~~--»i-+-iii:
- » ~~..=.....-,-_. _.. 7 ..._.
5%
r it
mi
*92_*.} Sensitive

Part I' PAGE173
173-7 EMPLOYMENT
_ .
Section 703. Prohibits discrimination in employment

becauseof race,
color, religion, sex, or national origin. Prohibited
acts extend to hiring, firing,
promotions, wage scales, and all
other
conditions of employment,including discrimination on the
basis of
pregnancy,
childbirth, andrelated medicalconditions.
Exemptions are
granted for legitimate occupationalqualifications
based upon
religion, sex, or national origin only. Discriminationis not
punishable
as acrime but the
aggrieved person,Equal Employment
0PP ortunit Y Commission EEOC!, or under certain conditions,
the
AttorneysGeneral_may_filecivil_suit.__EEOC_wasmestablished_to_receive--
and adjudicate complaints.
'
EFFECTIVE: 04/08/80
173-7.1' Establishments Covered

_'92~92.
5. ! Business establishments affecting commerce
and
having
_92 15 or more employees
! Employment
agenciesprocuringemployees
for the
above
firms
' ' -
! Labor unions in industries affecting commerce
! State and
local governments,agencies, political
subdivisionsand the District of Columbiadepartments and agencies
whichare not subject
by law to the Federal CompetitiveServices.
! FederalGovernment
employment
by
handled EEOC!
! Exceptions: The Act does not apply to state or local
elected officials, personschosenby
such officials to be on their
personalstaffs, policymakinglevel appointees
andimmediate
advisors
of such elected officials, or
to religious educational institutions.
Preferential treatment may
be given to Indians
on or near an Indian
reservation.
EFFECTIVE: O4/03/30
Sensitive .
PRINTED: 02/18/98
- _ |
*.;92'_-
5,.s -,
:!.'*i'
5!:; Sensitive

Part I C PAGE 173 -23
173-7.2 Investigation - Private Employer or Labor Union

Investigation to be conducted upon receipt of acomplaint:
! Complaint against private employer or

labor union
representing employees of private employer or
private employment
agency
a! Advise complainant such violations are handled

by EEOC
bl _§$..1Ei§E_°£_'EPl,§i!L§E1_i§_.L§.["E_YE£12.?L.E9_P9!i§l4§
_ W
r--- ,
matter GIEEEOcI_HE/she should do so within 180 days of the alleged
discrimination
c! Furnish complainant with location of nearest

EEOC office .
! Complaint against state

or local government and
1-, educational institution or unions representing government employees or
public employment agencies, such as state
employment services.
4 Conduct preliminary investigation under each category as
set forth.
EFFECTIVE! 10/U9/79
l737.3 Preliminary Investigation
EFFECTIVE: 10/09/79
173-7.3.1 Employer
Where complaint involves any actions or practices of the

employing governmental entity, interview complainant, preferably at
some place other
than place of employment, and obtain following
information:
! Full background of complainant for all details that

might bear onlhis/herIqualifications or
eligibility for employment or
promotion
by the subject employer, including age, sex, race,
education, previous employment experience and length of time,
if any,
'
.3*~.,;
IIhe/shelhas worked for subject employer.
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92~r Sensitive
Manual of
Part I PAGE 173
! Nature of
subject employer e.g., city, county,
irrigation district!, approximate number of employees, and approximate
percentage of
female and minority employees employed by
the
jurisdiction or unit involved. Ascertain whether office or
installation where complainant works is located near or in aminority
neighborhood. _
! Full details of complaint.
! Ifcomplainant is or has been working for

subject
|employer, as wouldbe true if|complainant|comp1ains
of
discriminatory
P§0m0t_i_Qn 911
,§i_s~=h_a1rse_ '1w_l__i<=ie==
__ sresent
.. _. ._
job category _ and p_ _ ___ -__,_m.____..__
| !|P' aCom lainant Iv
department and any
previous jobs and departments indicating length
of
time in each.
| b! |Complainant's|wage category
and its position
relative to other wage categories of the employer.
-|
[ c! and whether
|Complainant's|duties, any white
persons, in the case of a race complaint, or males or females as
appropriate, in the case of
a sex complaint, perform or have performed
similar duties.
d! Number of minority and female employees

| categories
in|comp1ainant's|job
category
and departmentsof
department;
or
which|comp1ainant|is aware.
and in other
job
e! Names of other minority or female

employees who
work for
employer and departments and job categories to
which they are
assigned, ifknown. '
I f! ]Comp1ainant'sIunderstanding
of
the operation of
the promotion, recall
and layoff
systems, if any.
g! Total number of departments, seniority lines,

roduction areas
and any other information known about structure of
P
employer
or employing
agency.
! Ifcomplainant is not and has never worked for the
employer, but instead is alleging discrimination in hiring:
-In
~~%r a! Date w.
3! b! Hethodon
which
by whichheheor orshe
sheapplied for the
found out aboutjob
Sensitive
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§~
+3
F} Sensitive -

Part I ' PAGE 173 -5
availability of the job or decided to apply for ajob
c! Whether he or
she was reguired to take any test
and, if so, nature of the test - _
her
I d! Name
of person,
any,
ifwho
interviewed|him
or
e! Whether he or she submitted written application
E! Any other steps
he or she was
required to take
tg_gQmplgte_§mplpymentmandrapplication_process___ H rrr_
_m_wW
g! When and by what means notification or rejection_

for employment given
! If employing agency is unionized, ascertain name of

union,
how many
members ithas, percentage of minority or
female
members, whether complainant in question
was brought to attention of
"'-. the union
and what action, if any, was taken by the union on
complaint.
in
! Determine whether
similar complaint has been filed
with any other
Federal or
state or local agency
and, if so,details
including date on which
it was filed, and disposition, if any, which
that agency
has made.
_8! Determine whether complainant knows any other

minority group persons orfemales who have been similarly-affected by
subject employer, and, if so, their
names and dates of alleged
discriminatory conduct.
9! Obtain copies of any pertinent written material or
documents that complainant may have inlhis/her|possession, such as
copies of applications to
employer and correspondence from it.
EFFECTIVE: 06/08/78
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a-
F Sensitive

Part
I . ' PAGE 173
173-7.3.2 Unions
When complainant
appears to involve any actions or
practices of union which
represent or
seeks to represent employees of
a governmental employer, interview complainant, preferably
away from~
place of
employment and obtain following information:
! Full background of complainant including all details

that
might bear on qualifications for membership in subject
union or
for referrals
by subject union, such as
age, sex, race, education,
previous employment, experience, and any municipal licenses
all
I complainant]maympossesswqualifying_jhim/herjto_workWin_the_trade,___m_;W__
_
! Nature of subject union, that is whether
it is an
industrial
union representing employees ina plant or craft or
building trade! union.
If it is a craft union, ascertain from
complainant whether union operates a hiring hall and, if so,
details
about operation of the hiring hall.
p
1-_ ! Full details of complaint
.1 !If complainantwas seeking membershipin the union:
a! Typeof membership|comp1ainant|was
seeking,
i.e., whether|complainantIwasseeking apprentice status
or journeyman
status '
_ b! Whether|comp1ainant1made
any written
applications
to the union and if so, dates of those applications
c! How|complainant|cameto makeapplication
to the
union, i.e., whether referred
by friend or relative, interested
organization, or employment service
d! Nhether|complainant|wasrequired to take any

examination and nature of examinations .
_' - e! Whether
therewasjanlipterview
and,if so,
person
who |conducted|interview
acceptance"
f! Nhether|complainant|wasnotified of
and, if so, when and how,and whether|comp1ainant|hashad any
further
contact with the union
! If complainant
wasclaimingdiscriminationin.some
practice of_subject union other than that relating
to admission to
Sensitive-
Hanual of Investigative Operations and

Guidelines
Part I uPAGE 173 " 27
membership in the union, determine whether it related to

operation of
grievance procedures, work referral system, a work permit system, or
some other union function and'ascertain details of alleged
discriminatory practice.
i _! If on any previous occasion complainant sought

membership, to be referred for work, utilize grievance procedure or
other service benefit
from subject union, ascertain all dates
upon
which such occurred and full details about each of these contacts with
the union.
E
W
____ Z!___B11_et11er___there,__are b1ag1c____9r_,9,t_her,,ethnic_minor_i_ty________
_____________
_,
members, or female members of the union
or who are working under
auspices of the union. If so, ascertain the names
of those
persons
from interviewee.
8! Whether_simi1ar complaint was

filed with any state or
local agency or
any other Federal agency and, if so, details including
date on which it was filed, and disposition made of it, if known.
~ 9! Obtain copies of any written material or documents

that complainant may have in|his/her|possession pertaining to
complaint or to |complainant's]contactor
connection with subject
union.
EFFECTIVE: O6/O8/78
173-7.3.3 Employment Agencies
When complaint appears to question practices of any public

employment agency, such as a state
employment service, interview
complainant at some place other than place of employment, and obtain
following information: ' *'
' ! Full background of complainant including all details

regarding qualifications for employment, such as
age, sex, race,
education, previous employment experience.
! Nature of employment agency, and types

of jobs to
which it generally refers persons. Ascertain whether employment
agency's officeis in
minority neighborhood.
! Full details of complaint
Sensitive
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___,.,_,.,~,.--~..- -.,---.-.,.-_--asp 7 5: .= ]_L4;;;L924_;l_;
_s._i~ ..-.__a_.____.;_A;_L-_._..
.-s-4; -'-1113141-_-.~
. .
Sensitive
Hanual of Investigative Operations and Guidelines '

Part I ~' PAGE 173
_! Type of job for which|complainant|sought employment.

Ascertain whether|complainant|had any previous experience in such
jobs. ' ' .
! Type of job to which|complainant|was referred,

indicating nature of work and level
of pay, whether any other minority
or female person held similar jobs.
! If comp1ainant|was not referred to job, what

reasons|comp1ainant was given for the failure or inability for
referral. Ascertain whether]complainant|was refused referral on any
previous_occasion_and,_ifmso,ldetai1s. 4,. nl_r_
! Previous experience with employment agency, including

whether|complainant|was everreferred
to any other job and, if so,
nature of those jobs and dates of referrals. '
' 8! Full details about contact with employment agency

including applications and other forms filled out,
the name of person
who interviewed|complainant,|what jobs possibilities were
mentioned,
F and whether|complainant| was advised formally or informally that
certain jobs about which|complainant| had expressed interest would not
be available to|complainant.
_9! Hhether|complainant|knows any other minority group
persons or females who have been similarly affected by subject
employment agency and, if so, their names and dates
of alleged
discriminatory conduct.
0! Obtain copies of any written

documents that
complainant may have in possession relating to contact or dealings
with employment agency.
EFFECTIVE: 06/08/78
17377.4 Advise All

Complainants
EFFECTIVE: 04/19/91
Sensitive
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.-~_;
_1_"»,.- Sensitive

Part I , IPAGE 173 - 29
1737.4.l Information
Advise complainant that information furnished
will be
forwarded to the U.S. Department of Justice.
EFFECTIVE: O4/19/91
173-7.4.2 Existence
Advi5?_£91'¬!P}3i!}i11E_£§_Q1£l§
_3_1.'!Y_3PP!Z..°.P_1'_1§
H-es§==_sf at-a...s.t§_t
law or local ordinance and refer complainant to appropriate state or
local agency. Also, that in order
to obtain relief on his/her
individual grievance, he/she
should file complaint with EEOC,and this
must
be done within 180 days after
the alleged discrimination occurs.
Include fact that complainant has been so advised in investigative
report.
-1-R
EFFECTIVE: O4/19/91
5-J"
173"7.5 Copies of Communications and Deadlines

Submit two copies of areport to FBIHQ within 21 days of
receipt of complaint.
EFFECTIVE: 04/19/91
173-8 INTERFERENCE WITH

FEDERALLY PROTECTED
ACTIVITIES RELATING
TO
PUBLIC ACCOMMODATIONS, PUBLICFACILITIES, PUBLIC
EDUCATION, AND EMPLOYMENT
! Where interference consisting of force or threat of

force prohibited by Title 18, USC,Section 245, is involved, handle in
accordancewith
provisions of Section|444|of this manual using
appropriate Civil
Rights Act of 1964 character and
submitting|two[copies of report to FBIHQ.
! Where other interference is
alleged, such
as by
coercion, intimidation, and economicpressure, submit LHM toFBIHQ
and
take no further action. ,
Sensitive
PRINTED: O2/13/98
___-" ;f;; --_--7"4.;---1,, -_._.- _.________
__
_*_7_ ____
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_

Part I PAGE173 - 30
! The employmentprovisions of this

act require a
specified minimum
numberof employees
to establish jurisdiction. No
such minimumnumberis required
under provisions of Title 18, USC,
Section 245, relating
to interference with employment.
! Title-18, USC,
Section 245, covers all public
accommodationsas defined by Civil Rights Act of 1964 and also covers
an establishment
which serves the public and
which is principally
engagedin selling beveragesfor consumption
on the premises,
e.g., a 92
bar.
EFFECTIVE: 04/19/91
173-9 ANNOUNCED
TESTING
OFACCOMMODHTIONS
OR FACILITIES
! When information is received
that persons are
planningto test the practicesof a facility or accommodation
in a
--|
.,_ community in
which the free use
of suchfacilities
or accommodations
1
has previously beeninterfered with by
force or threats, submit
4.0 teletype
to FBIHQ.Do
not assignpersonnel
to observesuchtesting
and/or photographacts of interference
or obstruction in the absence
of specific
prior FBIHQauthority.
1
! If there is interference involving personal injury,
threat of serious injury, or substantial damageto property, or if a
complaintis received concerningrefusal of service, initiate a
preliminaryinvestigationandsubmita report within 21 days.
! If there is
no interference
or refusal of service,
submit an LHM original and|two|copies! setting
forth the details
of
the testing.
! Whereyour office receives advancenotice of testing

of public accommodations
or public facilities and there is
no
indication there will be any interference, obtain details concerning
the testing andpromptlyfurnishan LHMoriginal and|two1copies!.
!No commitments
are to be made
to groups which advise
your office
of plans
to test accommodations
or facilities that Agents
will or will not be presentto observeandphotograph
such
demonstrations. .
! Furnish copy of LHMin both of the

above instances
to
.i. R the local office of military intelligence if within scope
of present
£3;
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Part 1 . PAGE 173 -
requirements to do so, and advise appropriate local

authorities
orally.
EFFECTIVE: 04/19/91
173-10 PENALTIES
There are no substantive criminal penalties attached to

discrimination prohibited by the act. The aggrieved person, or in"
ne '
th ou ' '
______§ Owe instances £EE_éE£9{B§Y_§E, £eli_2ex_§ss§i£2l1s§ is sh =1v11
.___
action. Written complaints with regard to public facilities and public
education are subject to the provisions of Title 18, USC, Section
1001. A$100 fine is provided for failure on
the part of an employer,
employment agency, or labor
union to post notices required by the
Equal Employment Opportunity Commission; however, this violation will
be handled by the Commission.
EFFECTIVE: O/19/91
173-11 MISCELLANEOUS
! All deadlines are counted by

commencing on the first
day following receipt of complaint, i.e., complaint received 81-82 -
Sunday, submit 8-22-82.
! The first paragraph of

the details of the report
should so indicate if the investigation is limited or preliminary. A
limited investigation is one other
than apreliminary, or
mere receipt
of acomplaint. -
! Furnish acopy of all reports and LHHs to the USA,
! Retain one copy in the field office file.
1! Note that abusiness, such as adepartment store,

which would not normally be covered by the act is completely covered
if it has a lunch counter or some
other subsidiary unit which
would be
covered by the act. Abarbershop is
not normally covered, but a
barbershop in ahotel or any other place subject to the provisions of
the act would likewise be covered.
! Discrimination is
not limited to
refusal to admit or
Sensitive
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J_
mi-"
2'1 Sensitive
s-1
Manual of
Part I I PAGE 173 32
serve but includes any indifference in the nature or extent of

services or prices charged. _'
! Information concerning discrimination obtained solely

from legitimate news media, personal observation by Bureau personnel, J
or from
any other source not known to be unreliable should immediately
be submitted
to FBIHQ in aform suitable for dissemination. If the
information is obtained from published material, it will be sufficient
to submit two copies of the clipping by cover airtel. No other
action
should
be taken
in the
absence of acomplaint with the
exception of
information indicating interference which should be handled in "
_____2§s9£daassi withllj-712 above. ___ wm__ gWW_ gpp
W__ AML_
8! Any_instance of
interference or violence or
potential
interference or
violence in connection with the desegregation of
public schools, public accommodations, public facilities, and
employment under the provisions of
the Civil Rights Act of1964 is to
be
brought to the immediate attention of appropriate state and local
"w officials. Also advise military intelligence and'Secret Service if
within scope of present requirements to do so. The initial
1; communication to
FBIHQ should show that
this has been done.
9! Upon receipt of acomplaint, a request

for
investigation by the USA or arequest for investigation by the U.S.
Department of Justice, the field division must promptly submit Form
FD610 within five ! workdays of receipt of complaint!. All items
on the form are to be
completed on the initial submission or later by
supplemental submission. This action is to be taken prior
to the
close of each case in all Civil Rights matters. Along these
lines,
the field
division should make an effortto provide the maximum amount
of information if all data is not immediately available. Submit a
supplemental form when additional information necessary to complete
the form
is secured. In those instances where FBIHQ is advised by
telephone or teletype of anew case, the FD-610 should be submitted at
the earliest possible moment. Specific instructions regarding the
completion of the FD-610 are set forth in Part I,|282-8.1|of this
manual.
EFFECTIVE:A0l/31/94
Sensitive
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Part I " A PAGE 173 - 33
' 173-12 CHARACTER
! PUBLIC ACCOMMODATIONS - CIVIL RIGHTS ACT OF 1964
! PUBLIC FACILITIES - CIVIL RIGHTS ACT OF 1964
! PUBLIC EDUCATION CIVIL RIGHTS ACT OF 1964
! EMPLOYM ENT - CIVIL RIGHTS ACT OF 1964
In cases of interference involving attempted or actual use of force or I

_m__mthethreatFpfWq;ee,wadd _INTERFERENCE_HIIW§EQERALLY_PROTECTEQWT_
ACTIVITIES to character.
EFFECTIVE: 04/19/91
>
1
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PRINTED: 02/18/98
Sensitive '
_ . I
Manualof
Investigative.Operations and Guidelines
Part I - PAGE 174
1SECTION 174. BOMB THREATS
EXPLOSIVES ANDINCENDIARY DEVICES
174-1
' STATUTES
11:18
18, usc, Section844 8! -| j!,|effective 10/15/70,
amended 10/12/82,|amended
10/12/84 by
Public Law
98-473.]
8 f,__ ! ec qgi 8._.__=1>
S 11. 44 Interstate
4 transportatipn
..8 Itgr _____
_,_ _
receiptlof explosives
or incendiary
devices with92know1edge
orlintent
to|kill,|injure or
intimidate aperson or damage
property.
! Section 844 e! -Use of telephone,
mail,|te1egraph,92or
other
instrument of
commerce
to
transmit afire or
bomb threat,or maliciouslyconveys falseinformation knowing
the same
to
be false.
..,§5"
! "Section 844 f! - Use of explosives, fire or
incendiary devices
to
damage92or
destroy, or attempt todamage or
destroy,Iany-property used
owned,
by,lor
leased to,|the
U.S.
Government,|ordepartment
any agency-thereof,[or
or institution
any or
organization receiving
_92u p
Federal financial
.
assistance. 1
! Section 844 g! - Unauthorized possession
of
explosivesincendiary
or devices
in abuildingowned, used
by,[or
leased to,[the
U.S. Government|or
any department
or agency
thereof.
! Section 844 h! ~Carrying explosives orincendiary
devices during
the commission
of anyFederal felony,
or
use of fire
during the commissionof afelony. 1
! Section 844 i! r Use of
explosives, fire or
incendiary devices
to damage,
or attempt
to
damage,any property
used
in an activity affectinginterstate|or foreign|commerce.
92! Section844 j! -For the
purposes
of
subsectionsd!,
'f!,e!,g!, h!, and i! of this section,the term"explosive"
means gunpowders,
powders used
for blasting,all
forms of high,
explosives, blasting
materials,
fuzes
other than electric
circuit
breakers!, detonators,
and otherdetonating agents,
smokeless powders,
other
explosive or
incendiary devices within
the meaning
of paragraph
! of Section 232of this title,
and any chemical
compounds,
mechanical mixture,or
device that
contains any oxidizing-and
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and Guidelines
Part I PAGE 174 - 2
combustible units or
other ingredients, in such proportions,
quantities, or packing that ignition by fire, by friction, by
concussion, by percussion, or by detonation of the compound, mixture,
or device or
any part thereof may causean explosion.| _
EFFECTIVE: 03/21/87
174"2 DEPARTMENTAL GUIDELINES
EFFECTIVE: 08/21/87
174-2.1 Jurisdiction
Statutory jurisdiction concerning above violations lies

concurrently with FBI and Secretary of Treasury. Bureau of Alcohol,
Tobacco and Firearms ATF! handles Treasury'sinvestigative
responsibilities under above statute. Guidelines issued by Department
effective 3/1/73 provide for jurisdiction as follows:
! General
a! Section 844 e!, E!, and g! - FBI.
b! Section 844 d! and i! - ATF.
c! Section 844 h! - Agency having jurisdiction over

underlying felony. "
! Exceptions
a! Violations directed against diplomatic or quasi-

diplomatic functions - FBI. '
b! Violations which
appear at outset to
have been
perpetrated by terrorist or revolutionary groups or individuals -FBI.
For the purpose of this section, the Department of Justice has
defined terrorist or revolutionary groups or individuals as "Those
groups or individuals whose motivation for violating the explosives
statutes is political in nature rather than the desire for personal or
mt organizational gain..."!
-.____m.
c! Violations directed against Treasury Department
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Part I. PAGE174 ~3
functions AIF.
' d! 'Violations
directed against Postal
Service
functions
or involving explosives sent through the mail
- Postal
Inspection Service.
-
EFFECTIVE: 08/21/a7
174-2.2
Other Provisions
! Guidelines provide
that no investigation is to be
conducted
unless prior authorization
is obtained from the Department
except in those instancesnoted below.
In these instancesthe
Guidelinesprovide authorization for immediate,full investigation by
the FBI without
prior consultation with the Department.
p-w-.
: a! Any violation which appears at outset to have
bl...-¢'been perpetrated by terrorist or revolutionary
groups or individuals.
b! Explosive as distinguishedfrom incendiary!

bombing
or attemptedbombingof college or university facilities.
c! Bombing or attempted bombing of property owned,
possessed,usedor leased by Federal Government,
or by a Federal
function such as National Guard or
ROTC.
d! Anyviolation of|Section|844 g!, except those

involving Treasury
or Postal Service buildings.
e! Any violation against diplomats or
quasidip1omatic functions.
! Regarding 174-2.1 ! b! above, guidelines provide
that if ATF or Postal Inspection Service has properly initiated
investigation and information is subsequently developed indicating
apparent involvement of terrorist or revolutionary groups or
individuals, jurisdiction shall
be relinquished to FBI unless
Departmentdetermines that such a transfer
would unduly impair further
investigative efforts.
G7? Departmentby! theGuidelines require prompt notification to the

agencyhaving investigative jurisdiction in each
-i%%instancewhereinan investigation is instituted underlSection|844.
I cases In
where FBI has investigative jurisdiction notification is also to
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Q
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Part I PAGE 1744
be made to ATF and/or Postal Inspection Service if those agencies have

a logical interest. Follow-up liaison and dissemination is to be made
as necessary to avoid duplication of investigation. Also to
be
disseminated, in amanner not to interfere with active investigations,
is information regarding types, sources, movement,
and storageof
explosives involved in
such investigations.
EFFECTIVE: 03/21/87
lZ:§ _" POLICY _,_ _WW
EFFECTIVE: 09/22/87
174-3.1 Bombings and Attempted Bombings
-5- ! Each office is to arrange, through appropriate

liaison, to be advisedof all bombing and
attempted bombing
incidents
.»,, within its respective territory.
! Immediately advise FBIHQ by teletype of all actual
and attemptedbombing incidentswithin the investigative jurisdiction
of FBI, whether explosiveor incendiary. Initial communication should-
fully describe the nature and function of the target of the bombing
and cover
the following points: '
a! Basis for FBI investigative jurisdiction.
b! Whether or not investigation instituted.
c! If investigation not instituted, identify

investigating authorities.
d! Specific comment regarding indicated or probable .
motive. Include occupation and general reputation of victim if
bombing directed against an individual.
e! Applicability of state
and local laws and
likelihood of state or local investigative and prosecutive action.
f! Whether or not there is any information
vs indicating the bombing is part of a pattern or plan by aparticular
ig subject or against aparticular victim.
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PRINTED: O2/18/98
_._ _v __ ___-
mi A- _-.....-.. 711,-.-. ___92;_y__».5_..__..._._;.._ _ _ _
.2
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Manual of
Part I ' PAGE 174
r g! Specific commentthat Secret Service, ATF, USA

and appropriatelaw enforcementand other
logical agencies havebeen
advised; also, that ATFadvised asto whetheror
not FBI instituting
investigation. Notice to military intelligence agencies is not
required unlessthey have
a specific interest inthe incident or
unless dissemination otherwise required by_the "Agreement Governing
the Conduct of
Defense Department Counterintelligence Activities in
Conjunction withFederal Bureauof
Investigation" see Appendix
3 of
the FCI Manual! or the Memorandum
of
Understanding between Justice and
Defense Departments. '
! In those explosive incidents which are likely to

receive nationwide publicity and wherein itis not immediately known
ifan actual bombing has occurred or ifthe incident is within FBI
jurisdiction, furnish
FBIHQ with
background and details by
teletype.
EFFECTIVE: 09/22/B7
:5!
.4
.1" 174-3.2 Bomb Threats
i! Immediately adviseappropriate lawenforcement

agencies and
Secret Service.Refer to 174-3.1 ! g! aboveregarding
notice to military intelligence agencies. _
! If abomb threat is directed against Bureau
facilities or personnel, all logical leads
to identify subject are to
be covered immediately. Bureau
space, ifinvolved, should be searched
by Bureau
personnel familiarwith the specific area.
An assessment of
any suspiciousitem shouldbe madeby an FBI bombtechnician, bomb
squad
personnel, or military Explosive Ordnance
Disposal EOD!
unit.
Rendersafe
responsibilities for located bomb devices rest with the
bomb squad
personnelor military EOD unit. Each field division should
have abomb threat plan. I
i! Notify FBIHQ in the following instances:

a! By
teletype, ifthreat concerns adiplomatic
establishment or asituation which mayresult in widespread publicity.
b! By teletype, if threat results in request by
local authorities or private citizen for FBI investigation.
2:».
c! By
teletype, ifthreat is directed against
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Part
I PAGE 174
- 6
Bureau facilities or personnel. IfBureau space involved, indicate

same searched by Bureau personnel.i .
_d! By airtel FD-365! andLHM, tobe submittedsame
day, or
following workday ifthreat receivedafter regular
working
hours, if: threat
concerns amilitary or
U.S. Government
installation; identity of
subject is known, alleged, or
readily
available; or threat
appears to
be part of a pattern
or plan by a
particular subjector againstaparticular victim. | SeeMIOG, Part
I,
174-6.!| _
1_ A! Notification_to_SecretwService_and_other_agencies~Wh A-
must be confirmed in writing the same daythe information regarding
the threat
is received. Ifinformation is received after
normal
working hours,written confirmation should bemade thefollowing
workday. Include in confirmation the time and date of oral
notifications and identify, by name, personsnotified. | See MAOP,
..
Part II10-4.3 & Correspondence Guide-Field -2-5.5.11& 341.! I
»._--..,-"en-u--.-»
,--=,;~_,'_u
M-~
! rAll§wr{ttensass Ereéts.;s1is_§§§§g§g1gigg,;9;ihe¢;;_
1 I Laboratory
..___ _ far,a5§§mé6¥s£spinaiisn?sp¢
.y _ '
_.. .. ,..forflatentrfingerprintigr
, -. '-21 A~-I;
examination, whether
or
not active
investigation § is being~conductffjb,
the FBI.'
EFFECTIVE: 09/24/93
174-3.3 General Instructions .
! Submit 4 copies of
reports and 7copies of
LHMs.
! When active investigation
is instituted, notify FBIHQ
by teletype, submit initial report
within 30 daysand
submit
subsequent reports
every 30days thereafter.| See MIOG,
Part I,
174-6, and HAOP, PartII,
104.3.!|
! Disseminate all reports and LHMsto the USA.
! In those instances wherein this section requires
submission of LHMto
FBIHQ, acopy of the LHHshouldbe disseminated
locally to Secret Serviceby FD-376. Original and one copyof
FD376
should be submitted to
FBIHQ with LHH.
I'*92i.
! In those instances where notification to FBIHQ by
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Manual92of Investigative Operations and Guidelines

Part I p - 1PAGE 174 7
teletype is required, submissionshould not be delayedif all
necessary information is not immediately available. Such additional
information should be submitted by
supplemental teletype as soon as it
is available. - p _
! Advise the USAtelephonically of all incidents or

threats reported to FBIHQ, within FBI jurisdiction. Unless
circumstances dictate otherwise, such notification should
be made
during business hours.
! Bombings, attempted bombings and bomb threats

constituting other substantiyg_viQlations within_§§l_jg;jsQigtign, _ _
such_asmfederal Train Wreck Statute, Destruction of Aircraft or Motor
Vehicles, Civil Rights, Extortion, etc., should be handled in
accordance with existing instructions pertaining to the particular
violation involved. FBIHQ should be advised of the incident under
appropriate substantivecaption. Exceptions: Situations involving
bombings orattempted bombings of Governmentproperty, and sabotageby
use of explosive, are handled as 174 matters. p
M
ii
8! Advise FBIHQ by teletype or telephone ifATF attempts
to exercise any jurisdiction in amatter being investigated by the FBI
or ifany other problem is encountered with ATP.
9! All offices should maintain liaison with military

Explosive OrdnanceDisposal EOD!units and/or local law enforcement
bomb
squads in order that
assistance can bepromptly obtainedif bombs
or live explosives are encounteredin
connection with official
investigations. p"
0! The U.S. Army has EODunits stationed throughout the

United States, including Alaska and Hawaii. These units, which have
assisted the FBI in the past, have personnel qualified to disarm bombs
and handle and dispose of live explosives. Due to emergency
conditions, requests for assistance from ArmyEOD units are usually
poral. All such
oral requests are to be confirmed in writing by
letter addressed to the Commanding Officer of the EOD unit involved.
The Armyhas no EOD unit in Puerto Rico. Therefore, the San Juan =
Office should maintain liaison with the appropriate U.S. Navy facility
for the purpose of
obtaining any necessary assistance.
1! Bombs are to be rendered safe by
qualified bomb
disposal personnel. Render safeis the responsibility of public
safety bomb squads andmilitary EOD units. Bureau bomb technicians
and Laboratory explosives specialists are available at all times for
on-site consultation concerning bombs and explosives.
at
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Part
I PAGE 174 8
2! The cooperative facilities of the FBI which aremade -

available to local
authorities inbombing matters are the services of
thelLaboratory Division.|
EFFECTIVE: 09/24/93
l74"4 OTHER
VIOLATIONS
The following are within the primary jurisdiction of ATF

but Agentsshould bealert
for such violations and investigative
jurisdiction should be assumed
by the
FBI if they
arise.during any
substantive FBI investigation.
! Title 26, Section 586l d! - f! Unlawful

manufacture, possessionor
transfer of adestructive device.
,! Title 18, Sections 841-843 - Unlawful importation,
..;." manufacture, distribution or storage of explosives.
EFFECTIVE: O9/22/87
174-5 PLAN OF ACTION FOR MAJORCASES
_! Each
office is to
have aproposedplan ofaction
whichcan
become operative
automatically wheneverthere
is a bombing
or attemptedbombing
which will
be the subjectof a major
investigation.
! These
investigations are to receive top priority
under the
personal supervision of the SACand should cover all
investigative steps to
ensure that evidence is
preserved and logical
investigation instituted immediately.
! Immediate consideration should be given to
the
advisability of requesting Laboratory Division personnel to proceed to
the scene.
_' J.
igi
'
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I
r
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Part I PAGE 174 9
EFFECTIVE: O9/24/93
174-6 REPORTING REQUIREMENTS
F! When active investigation is instituted, notify FBIHQ

by teletype; submit initial
report within
3O days; and submit F
subsequent reports every 3O days or as soon thereafter as possible.
! Submit four copies of reports to FBIHQ to allow for
dis:emi=1-=1ti.0n._etmtl1s__,.H.easqvsrtierso 1eYs.l._P.9..._U,_S.-...Department
of _-has
Lise m__._._
__m___l___
and other appropriate agencies.
_! Disseminate all reports to the USA. _
! In those instances wherein this section requires

submission of LHM to FBIHQ, submit seven copies of LHMs to allow for
dissemination at the Headquarters level to U.S. Department of Justice;
"vs U.S. Secret Service; Bureau of Alcohol, Tobacco andFirearms and other
1 appropriate agencies. Acopy of the LHM shouldbe disseminated E
E..- local1y92to SecretService by FD-376. Original and one copy of FD-376
should be submitted to FBIHQ with LHM. FD-376 should also be used
when disseminating information to Secret Service in other matters
concerning individuals involved in
illegal bombingor
bomb making.
EFFECTIVE: Q9/22/87
174-7 STATISTICAL DATA
Form FD-436
is to be submittedfor every
incident
involving the use, attempted use, or recovery of an explosive,
incendiary, or "hoax" bomb device, regardless of jurisdiction.
EFFECTIVE: 09/22/87
T%
%Fi
Egg
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PRINTED: 02/18/96
'
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I-592l:-"1
"-"
W ___ __ W_ ~ -- - --...
»-92;_- 6.n.;~n'»Lii._92.-cu
"V - 92
3 '"
Sensitive
manual
. Part I. PAGE 174- 10
174*8 PENALTIES
!p Section 844 d!, E!, and i!.

a! $10,000 fine and/or 10 years imprisonment.
b! $20,000 fine and/or 20 years imprisonment if
personal injury results, including any public safety officer
performing duties as adirect or proximate result of conduct
prohibited by this subsection.
Hi;__ c!_iAnyitermsof_years_ormdeath_penaltyHor_1ifem___m___mm_ ______

_______
imprisonment if death results.
! Section 844 e! $5,000 fine and/or 5 years
imprisonment.
! Section B44 g! ~$1,000 fine and/or 1 year

imprisonment.
L
? _! Section 844 h!
l a! Not less
than 1 nor more than 10 years
imprisonment.
b! For second and subsequent convictions, not less

than 5 nor more than 25 years
imprisonment and there shall be no
suspended or probationary sentences.
EFFECTIVE: 09/22/B7
174*9 CHARACTER - "BOMB THREATS" OR"EXPLOSIVES ANDINCENDIARY

DEVICES"
EFFECTIVE: 09/22/87
Sensitive
PRINTED: 02/18/98

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...._ :.:-.;92..-._.

SECTION 46. FRAUD AGAINSTTHE GOVERNMENT,

46-1 FRAUD STATUTES :

Purpose - to protect the U.S.;Government from any attempt

461.1 Conspiracy to Defraudi Title§l8§ usc, Section 286

461.2 False, Fictitious, or

The elements are ! to make or present a false claim

Manual ofInvestigative Operationsand Guidelines

46-1.3 "False Statements, Title 18, USC, Section 1001

To knowingly and willfully falsify amaterial fact; or

46l.4 Conspiracy to Commit Offense or Defraud the United States,

If two or more.persons ! conspire either to commit any

46*l.4.1 Mail Fraud, Title 18, USC, Section 1341

The U.S. Postal Service is specifically charged with the

46-1.5 Other Fraud Statutes

46-1.5.1 Theft or Bribery Concerning Programs Receiving Federal

Manual of Investigative Operations and Guidelines

|461.5.2 National Organ Transplant Act NOTA!; Prohibition of Organ

&#39; ! Section 274e, Prohibition of organ purchases, reads

,"It shall be unlawful for any person to

"For purposesof subsection a! of this

i"! The term human organmeans thehuman

"! The term valuable consideration does

- "! The term interstate commerce has the

! Violations of the above

"K others, asiappropriate. S

Manual of Investigative Operations and Guidelines

EFFECTIVE: 10/23/86 &#39;

461.5.3 Major Fraud Againstthe United States

! Prohibits anyone fromexecution or attempted

"! obtain money or

! Subsection Fprovides a statute of limitations of

461.e Anti-Kickback Act of

46-1.7 FAG-Federal Lending and

! Federal Crop InsuranceCorporation - acorporation

! Federal Emergency Management

Manualof Investigative Operationsand Guidelines

! Title 18, USC,Section213. Prohibitsacceptance of

! Title 18, USC,Section215. Prohibitsreceipt of

! Title 18, USC,Section

! Title 18, USC,Section

8! Title 18, USC,Section

0! Title 18, USC,Section

1! Title 18, USC,Section

3! Title 18, USC,Section

-.n 4! Title 18,USC,

of services for compensation by examiners.

EFFECTIVE: 02/20/90 &#39;

! Except to the extent that

! All FAG allegations which&#39;serve as

! with regard toreferrals&#39;wherein the victim

Manual of Investigative Operations and Guidelines

consideration should be given to having the agency investigator

Manual of Investigative Operations and Guidelines

8! Promptly report significant investigative/prosecutive

9! FAG investigations which fail to disclose evidence

46-1.9 Investigative Procedure

! Determine the identity of the governmental agency and

Manual of Investigative Operations and Guidelines

Determine in advance the substance of testimony which Government

! Identify and obtain any false or fraudulent

! Gather evidence of willful intent on the part of the

! Special Agents of the FBI are empowered to take

' ! Section 274e, Prohibition of organ purchases, reads

EFFECTIVE: 10/23/86 '

EFFECTIVE: 02/20/90 '

! All FAG allegations which'serve as

! with regard toreferrals'wherein the victim

Q! Federal agencies Offices'of

' 5! Title 18, USC, Sections 1907-1909 - $5,000 and/or 1

206 A&B FAG Department of' Defense DOD! Appropriate

EFFECTIVE: 10/16/90 '