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UNITED STATES MARSHALS SERVICE FUGITIVE TASK FORCE
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UNITED STATES MARSHALS SERVICE FUGITIVE TASK FORCE
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Last modified
3/18/2024 9:41:03 AM
Creation date
12/13/2023 3:57:39 PM
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Contracts
Company Name
UNITED STATES MARSHALS SERVICE FUGITIVE TASK FORCE
Contract #
N-2023-338
Agency
Police
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parent agency agrees to notify USMS of the request and coordinate with the USMS prior to any <br />proposed disclosure. <br />Information that identifies, or tends to identify, a USMS confidential source, a USMS sensitive <br />program, or the use of sensitive equipment/techniques will not be recorded on parent agency <br />forms or parent agency issued devices and will not be released outside of the USMS unless <br />approved by the Office of General Counsel (OGC). Absent exceptions noted below for <br />discovery related purposes, information related to RFTF/VOTF activities will not be <br />disseminated at any time to any third party (including a non -task force law enforcement officer <br />or other law enforcement agency) by any task force member without notification to the <br />RFTF/VOTF Chief Inspector/Chief Deputy or his/her designee, in consultation with USMS OGC <br />where appropriate. This guidance applies to requests to share reports, memoranda, or other <br />records (both formal and informal) compiled during the course of RFTF/VOTF operations. <br />Nothing in this paragraph supersedes requirements pursuant to federal discovery obligations <br />and/or the DOJ Touhy regulations, 28 C.F.R. § 16.21, et seq. <br />All requests for task force -related information, testimony (including any preparation in support) <br />and documents (whether maintained in USMS systems and/or parent agency systems) in <br />connection with state or federal litigation require compliance with the DOJ Touhy Regulations. <br />Any disclosure of records pertaining to task force operations in state and federal litigation will <br />only be done by or with the permission of the U.S. Attorney's Office (Civil Division) and the <br />Office of General Counsel. The partner agency agrees TFOs receiving requests to testify in <br />federal or state litigation regarding task force matters, or for the disclosure of records pertaining <br />to task force matters in federal or state court, will notify the Office of General Counsel. The <br />TFO will await authorization for such testimony or record disclosure prior to testifying, engaging <br />in trial preparation with a prosecutor, and/or providing records, consistent with the DOJ Touhy <br />regulations. <br />TFOs whose parent agency are properly onboarded to the USMS Body Worn Camera Program <br />(B WCP) may wear parent agency issued BWC during certain USMS task force operations. <br />TFOs are governed by the provisions set forth in the USMS TFO BWC Standard Operating <br />Procedures and USMS Policy Directive 2.11, Body Worn Cameras. Any copy of TFO BWC <br />recording shared with the USMS upon culmination of an enforcement action is deemed a federal <br />record, subject to federal disclosure laws and DOJ policies. If a partner agency receives a <br />request for TFO BWC footage pursuant to state records laws, that agency agrees to provide <br />USMS with advance written notification of the request and proposed disclosure. Requests to the <br />USMS for footage in connection with state or federal criminal prosecutions or civil litigation will <br />be handled pursuant to the DOJ Touhy Regulations and/or applicable federal discovery rules and <br />routed to the USMS Office of the General Counsel. <br />CONFIDENTIAL SOURCES / CONFIDENTIAL INFORMANTS: Pending the availability <br />of funds, the USMS may provide funding for payment of Confidential Sources (CS) or <br />Confidential Informants (CI). The use of CS/CIs, registration of CS/CIs and all payments to <br />CS/CIs shall comply with USMS policy. USMS payment to an individual providing information <br />Rev. 03/2023 Page 5 of 8 <br />
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