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9.4.4  Requests for Information (Cont. 2)

9.4.4.3 
Obtaining Records from Financial Institutions

9.4.4.3.23 
Insurance Company Records

9.4.4.3.23.1  (12-10-2007)
The Equitable Life Assurance Society

  1. The Equitable Life Assurance Society of the United States has waived the hand delivery requirements of 26 USC §7603 and will accept summonses by personal service, mail, or express service at: 1290 Avenue of the Americas, New York, NY 10014. This company has indicated they would prefer requests be made by mail rather than in person.

9.4.4.3.23.2  (12-10-2007)
Prudential Insurance Company

  1. Summonses for Prudential Insurance Company may be served in person or mailed to its home office: The Prudential Insurance Company of America, Law Department; 213 Washington Street; Newark, NJ 07102–2992. If possible, summonses should include the individual’s birth date or the serial number of one of the policies, or both. A request for mortgage information should include the name of the subject’s spouse, the exact location of the property in question, and, if possible, any other identifying details such as the Prudential mortgage number appearing on the document or the date of the transaction.

9.4.4.3.23.2.1  (12-10-2007)
Liberty Mutual Insurance Records (former Prudential Insurance Companies)

  1. In 2003, Liberty Mutual acquired the following Prudential Insurance Companies:

    1. Prudential General Insurance Company

    2. Prudential Commercial Insurance Company

    3. Prudential Property and Casualty Insurance Company

  2. Summons for records of these former Prudential Insurance Companies should be delivered to the CT Corporation Systems office within the state where the policy holder resides.

9.4.4.3.23.3  (12-10-2007)
Travelers Insurance Company

  1. Whenever information is needed from Travelers Insurance Company, Hartford, Connecticut, special agents outside the Boston Field Office will prepare a collateral request together with a summons for any information or data desired from the company for transmittal to the SAC, Boston field office.

9.4.4.3.23.4  (12-10-2007)
Union Central Life Insurance Company

  1. The Union Central Life Insurance Company, has waived the hand delivery requirements of 26 USC §7603 and will accept summonses by registered mail at: Union Center Life Insurance Company, Attn: Executive Vice President General Counsel and Secretary, 1876 Waycross Road, Cincinnati, OH 45240.

9.4.4.3.23.5  (12-10-2007)
Metropolitan Life Insurance Company

  1. The Metropolitan Life Insurance Company has waived the hand delivery requirements of 26 USC §7603 and will accept summonses by personal service, mail, or express service at: Metropolitan Life Insurance Company, Attn: Legal Department, 2701 Queens Plaza N., Long Island, NY 11101.

9.4.4.3.23.6  (12-10-2007)
Pan American Life Insurance Company

  1. The Pan American Life Insurance Company has waived the hand delivery requirements of 26 USC §7603 and will accept summonses by personal service, mail, or express service at: Pan American Life Insurance Company, Attn: Legal Department, Pan American Center, 601 Poydraf, 12th Floor, New Orleans, LA 70130. Although personal service of a summons is not required, all mail requests for information should be accompanied by a summons.

9.4.4.3.23.7  (12-10-2007)
CNA Insurance Companies

  1. The registered agent for the CNA Insurance Companies has waived the hand delivery requirements of 26 USC §7603 and will accept summonses by personal service, mail, or express service at: Registered Agent for CNA, CNA Plaza, Attn: Law Dept. Chicago, IL 60685. The registered agent is authorized to accept service. Upon such service, the law department logs the receipt of the summons/subpoena and, if of a criminal nature, forwards the summons/subpoena to: Corporate Security, CNA Plaza, 333 S. Wabash, 24th FL, Chicago, IL 60604. CNA Insurance Companies include:

    1. American Casualty Company of Reading, Pennsylvania

    2. CNA Casualty of California

    3. CNA Casualty of Puerto Rico

    4. Columbia Casualty Company

    5. Continental Assurance Company

    6. Continental Casualty Company

    7. Mid-States Insurance Company

    8. National Fire Insurance Company of Hartford

    9. Transcontinental Insurance Company

    10. Transportation Insurance Company

    11. Valley Forge Insurance Company

9.4.4.3.23.8  (12-10-2007)
Aetna Life and Casualty

  1. Special agents outside the Boston field office seeking information from Aetna Life and Casualty will request the information through collateral requests to the SAC, Boston field office. The summons should be addressed to: Aetna Life and Casualty, 151 Farmington Avenue, Hartford, CT 06156.

9.4.4.3.24  (12-10-2007)
Newspaper Records

  1. Newspaper records can include want ads, payment records, and clippings on a given person assembled in one file with photographs, notes, unpublished data, etc.

9.4.4.3.25  (12-10-2007)
Oil Companies

  1. Oil companies maintain the records listed in the sections below.

9.4.4.3.25.1  (12-10-2007)
Chevron Credit Records

  1. Chevron Corporation has waived the hand delivery requirements of 26 USC §7603 and will accept summons/subpoena by mail, express service: Chevron Headquarters, Attn: Legal Department, 6001 Bollinger Canyon Road, San Ramon, CA 94583.

9.4.4.3.26  (12-10-2007)
Photograph Records

  1. If a photograph of an individual is needed, driver’s licenses are the most likely source. Additional sources may include relatives, associates, and friends; places of employment; police and FBI files; and school yearbooks.

9.4.4.3.27  (12-10-2007)
Private Business Records

  1. Private business records may include personnel & payroll records; customer account information; and leads to other companies with whom the subject transacted business.

9.4.4.3.28  (12-10-2007)
Publication Records

  1. Publication records may include professional, trade, and agriculture directories and magazines; vanity publications such as Who’s Who of America and various states; city directories; and a variety of industry-specific periodicals.

9.4.4.3.29  (12-10-2007)
Public Utility Company Records

  1. Public utility company records may include present and previous address of subscribers, and records of payments.

9.4.4.3.30  (12-10-2007)
Real Estate Agency or Savings and Loan Association Records

  1. Useful real estate agency or savings & loan records include: property transactions, financial statements, loan applications, payments made and received (settlement sheets), and credit files.

9.4.4.3.31  (12-10-2007)
Telephone Company Records

  1. Title 18 USC §2703(c) provides that telephone toll records shall be disclosed to a governmental agency only when the governmental agency uses a grand jury subpoena, administrative subpoena (summons), court order or obtains a search warrant related to such information. This information may also be disclosed to the government if the government agency has obtained the consent of the customer or subscriber. Notice to the customer or subscriber is not required.

  2. Some telephone companies require service to a specific company location.

9.4.4.3.31.1  (12-10-2007)
AT&T Wireless

  1. The law enforcement support needs of AT&T Wireless Services are to be directed to their National Subpoena Compliance Center in West Palm Beach, Florida. This also includes service of court orders for surveillance and subpoenas for customer information via fax.

  2. The mailing address and contact numbers for the National Subpoena Compliance Center are: AT&T, National Subpoena Compliance Center, 11760 US Highway One, North Palm Beach, FL 33408.

  3. Subpoenas and court orders related to AT&T Wireless Services must specifically name "AT&T Wireless Services." AT&T Wireless Services will not comply with legal processes that simply address "AT&T" or "AT&T Corp." Legal process not specifically addressed to AT&T Wireless Services will be returned without processing.

9.4.4.3.32  (12-10-2007)
Transportation Company Records

  1. Transportation company records may include passenger lists; reservations; payments; departure and arrival times; and freight carrier-shipper destination and storage points.

9.4.4.3.33  (12-10-2007)
Consumer Loan Exchange Records

  1. The Consumer Loan Exchange or Lenders Exchange exists in all of the large cities in the United States, as well as in some of the smaller cities. It is a non-profit organization, supported by and for its members. Most of the lending institutions are members of the exchange. It can supply information concerning open and closed loan accounts with member companies, and other information. These organizations are not listed in directories or telephone books. Their location in a city may be obtained through local lending agencies. Consumer Reports may be obtained from these organizations only by court order or in accordance with written instructions of the consumer to whom the information relates.

9.4.4.3.34  (12-10-2007)
Marshall Field and Company

  1. Inquiries will not be made by mail addressed direct to Target Corporation c/o CT Corp, 208 S. LaSalle St. Suite 814, Chicago, IL 60604. The subpoena will then be directed to the corporate office located in Minneapolis. Special agents with posts-of-duty outside Chicago requiring information from that company will make inquiry by collateral request together with a summons to the SAC, Chicago field office for such information.

9.4.4.3.35  (12-10-2007)
Western Union

  1. Western Union has waived the hand delivery requirements of 26 USC §7603 and will accept subpoenas and summonses for money transfer records by personal service, mail, express service or fax to Western Union Financial Services Attn: Custodian of Records, 20 Corporate Hills Drive, St. Charles, MO 63301.

9.4.4.3.36  (12-10-2007)
National Credit Card Agencies

  1. Credit card companies maintain the records listed in the sections below.

9.4.4.3.36.1  (12-10-2007)
American Express

  1. To obtain information from American Express, summonses may be served in person at any American Express Office. The summons should be addressed to the Custodian of Records, American Express Travel Related Services Company, Inc., CT Corporation Systems, Registered Agent, 111 8th Ave., 13th Floor, New York, NY 10011.

9.4.4.3.36.2  (12-10-2007)
Citibank Diners Club and Carte Blanche

  1. Citibank Diners Club and Carte Blanche have waived the hand delivery requirements of 26 USC §7603 and will accept summonses by personal service, mail, or express service Custodian of Records. Citibank, 701 East 60th Street North, Sioux Falls, SD 57117. In addition to the monthly statements and charge slips, copies of the original application and payment check can be made available upon official request. These records are usually maintained for seven years.

9.4.4.3.37  (12-10-2007)
Car Rental Agency Records

  1. Car rental companies maintain the records listed in the sections below.

9.4.4.3.37.1  (12-10-2007)
Avis Rent-a-Car, Inc.

  1. Avis Rent-a-Car has waived the hand delivery requirements of 26 USC §7603 and will accept summonses by personal service, mail, or express service at: Avis Rent-a-Car, Inc., Legal Department 3rd Floor, 6 Sylvan Way, Parsippany, NJ 07054.

9.4.4.3.37.2  (12-10-2007)
Hertz Corporation

  1. Hertz has waived the hand delivery requirements of 26 USC §7603 and will accept summonses by personal service, mail or express service at Hertz Corporation, Law Department, Attn: Deputy General Counsel, 225 Brae Blvd., Park Ridge, NJ 07656. The body of the summons must clarify the specific corporate records sought, as a Hertz Equipment is a subsidiary of the Hertz Corporation.

9.4.4.3.37.3  (12-10-2007)
National Vanguard Car Rental

  1. Vanguard Car Rental is the owner of Alamo Rent-a-Car and National Car Rental. Vanguard Car Rental has waived the hand delivery requirements of 26 USC §7603 and will accept summonses for Vanguard, National and/or Alamo by personal service, mail, express service or fax at Vanguard Car Rental Company, 6929 North Lakewood Ave., Legal Department Suite 100, Tulsa, OK 74117.

9.4.4.3.38  (12-10-2007)
Horse Registration Records

  1. Horse organizations maintain the records listed in the sections below.

9.4.4.3.38.1  (12-10-2007)
Jockey Club of America

  1. The Lexington, Kentucky office maintains statistics on pedigrees, racing record and purses; and records of foals for stallion and mares. However, there is no historical record of owners for a particular horse. The registration records are passed from owner to owner. The horse cannot be raced without these registration papers. A summons should be addressed to the Jockey Club of America, 821 Corporate Drive, Lexington, KY 40503 and sent via collateral to the Nashville field office.

9.4.4.3.38.2  (12-10-2007)
American Quarter Horse Association

  1. The American Quarter Horse Association (AQHA) is located in Amarillo, Texas. Information available includes registration history, racing record, record of purses and pedigree records. The AQHA is able to provide records reflecting the ownership history of a particular horse. However, the records cannot be searched by owner since they are categorized by horse. A summons should be addressed to the American Quarter Horse Association, 1600 Quarter Horse Drive, Amarillo, TX 79104 and sent via collateral to the Dallas field office.

9.4.4.3.38.3  (12-10-2007)
United States Trotting Association

  1. The United States Trotting Association is located in Columbus, Ohio. Information available includes pedigrees and winnings of all registered trotters and pacers listed by horse registration number. Their records also contain the date and place of each race, how the horse finished, the total purse and the name of the driver. Information relating to changes in ownership and winnings by year and lifetime is also available. A summons will be addressed to the United States Trotting Association, 750 Michigan Ave., Columbus, OH 43215 and sent via collateral to the Cincinnati field office.

9.4.4.3.39  (12-10-2007)
Amway Corporation

  1. Amway Corporation has waived the hand delivery requirements of 26 USC §7603 and will accept summonses by personal service, mail, or overnight service at Amway Corporation, 7575 E. Fulton, Ada, MI 49355, Attn.: Director, Legal Division. Direct distributors who further qualify for profit sharing bonuses receive the non-cash part of that bonus through a mutual fund account administered by Amway Mutual Fund, Inc., 7575 E. Fulton, Ada, MI 49355, which requires a separate summons.

9.4.4.4  (12-10-2007)
Information from Foreign Countries

  1. The subsections below contain procedures for obtaining information from foreign countries and specifically addresses the following:

    • general procedures

    • information from Canada

    • information from Switzerland

    • data to be included in requests for information from foreign countries

    • witnesses In foreign countries

    • information from INTERPOL

    • information from foreign financial investigative unit

9.4.4.4.1  (12-10-2007)
General Procedures

  1. For all international investigative matters, either formal or informal, the field office's first point of contact must be the Director, CI:OPS:I or CI Country Attaché.

  2. Formal requests for information or assistance from a foreign country can be made pursuant to the following (see IRM 9.4.2, Sources of Information, for further details about these mechanisms):

    1. Tax Treaty

    2. Mutual Legal Assistance Treaty

    3. Letter Rogatory

    4. INTERPOL

    5. FinCEN

  3. Information or assistance from a foreign country includes:

    1. requests for information from consulates or embassies in the United States

    2. requests to interview foreign officials located in the United States who appear to have diplomatic status

  4. All formal requests for information or assistance from a foreign country should be submitted by a collateral to the Director, CI:OPS:I unless otherwise instructed.

  5. Subsection 9.4.4.4.3 details the information to be included in the collateral.

  6. Documents and reports received from foreign countries, or from embassies or consulates of foreign countries, and made available to CI personnel will not be furnished to another government agency, except as may be permitted by statute and/or the applicable treaty.

  7. When a foreign government makes direct inquiry of CI personnel or when it is learned that a foreign government is interested in an investigation, such information will be immediately referred by the SAC to the Director, CI:OPS:I for coordination purposes.

  8. See IRM 9.4.12, Arrests for procedures to arrest an individual in a foreign country.

9.4.4.4.2  (12-10-2007)
Information from Canada

  1. The procedures for obtaining taxpayer or tax return information, as defined in 26 USC §6103, from foreign countries also apply to requests for information from Canada. However, because of the unique relationship between Canada and the United States, an exception to these procedures is allowed in the following circumstance:

    1. Special agents in some border field offices have developed a close, informal relationship with Canadian tax officials stationed on or in the immediate proximity of the border, and frequently obtain, informally through such tax officials, collateral information from individuals, financial institutions, government officials, and business establishments. It is intended that this type of informal cooperation be continued provided 26 USC §6103 type information is not being disclosed or exchanged outside of the Competent Authority channels. However, special agents are not to make direct requests of the authorities in Ottawa; make direct requests of a Canadian citizen or other Canadian entity in Canada on a third-party basis; or make requests for information outside the adjacent border area except via prescribed exchange procedures through the Competent Authority.

  2. Upon approval by CI:OPS:I, the CI Country Attaché will obtain the necessary clearances and furnish the originating office with the procedure to be followed and, where appropriate, the name and location of the Canadian tax official who is to be contacted by the special agent. A Canadian agent will usually accompany the special agent when third party contacts are made. If these contacts involve taxpayer or tax return information, then approval for such contact must be obtained from the US Competent Authority.

  3. Requests for information from Canada will be prepared and routed pursuant to subsection 9.4.4.4.3 which details procedures for obtaining information from foreign countries. The request will also contain the information specified in (a) below. Except under special circumstances, respective procedures should be observed in limiting a request for information to a period not to exceed 10 years immediately preceding the request. Where informal arrangements for inquiries exist in some border field offices, such field offices should identify in their formal requests those with whom they have been transacting official matters to avoid duplication of effort. There is no informal process for disclosing taxpayer or tax return information. To the extent requests to Canada involve taxpayer or tax return information, such requests must be sent to Canada by the US Competent Authority:

    1. Provide adequate background to support a Canadian tax interest, because Canadian tax authorities are authorized to furnish only that information which they can obtain under the revenue laws of Canada.

  4. In some investigations, where the essential information sought is complex, involved and voluminous, it may be desirable to have preliminary discussions with Canadian authorities. If the investigation involves taxpayer or tax return information, there must first be an exchange of appropriate correspondence between Competent Authorities, prior to any preliminary discussion, to avoid a violation of 26 USC §6103. The request to hold preliminary discussions in such investigations will be prepared and routed through the Director, CI:OPS:I. Exchange of information resulting from the preliminary discussions will be formalized as early as possible and before any documents are exchanged.

  5. If information received from Canada Revenue Agency (CRA) through regular channels requires further correspondence, the SAC or his/her designee, (delegated no lower than SSA level), may communicate directly with the Canadian district office which furnished the original information pursuant to approval by the Competent Authority. However, copies of any such communication will be forwarded, one each, to the CI Country Attaché and to the Director, CI:OPS:I. Such direct communication applies only in instances where information was received through regular channels and follow-up communication is necessary. The original communication and any new areas of inquiry must be routed as prescribed above. Similarly, any CI field office, which has provided information to CCRA officials through the usual channels, may subsequently communicate directly with those officials with respect to the information provided pursuant to approval of the Competent Authority. However, copies of any such communication will be forwarded, one each, to the CI Country Attaché and the Director, CI:OPS:I. In the instances where the information is being exchanged not pursuant to the tax treaty, a copy of any such communication need only be sent to the CI Country Attaché.

  6. In accordance with an agreement between the United States and Canadian tax officials, where the tax affairs of an individual, partnership or corporation are being investigated by the United States and the same type of investigation is also being currently conducted by CCRA, it may be advantageous to conduct the investigation pursuant to the Simultaneous Criminal Investigation Program (SCIP). This program is designed to assist in furnishing information timely (see IRM 9.4.2, Sources of Information).

9.4.4.4.2.1  (12-10-2007)
United States Swiss Treaty on Mutual Assistance in Criminal Matters

  1. There are several legal mechanisms available to obtain testimony and tangible evidence from Switzerland. To deal primarily with the problem of Swiss Bank Secrecy Laws, especially as it applies to criminal tax investigations, special procedures were put into place to request assistance from the judicial and executive authorities of Switzerland.

  2. The treaty applies to specified offenses which are mutually criminal (i.e., punishable under the laws of both the United States and Switzerland). It generally does not apply to violations with respect to taxes. However, it does apply to offenses relating to tax laws if:

    1. The offense is committed by a person reasonably suspected of being in the upper echelon of an organized crime group or of participating significantly in any important activity of such a group.

    2. Available evidence is insufficient to provide a reasonable prospect of successful prosecution of this person for the illegal activities of such group.

    3. It is reasonably concluded that requested assistance will substantially facilitate the successful prosecution of such person and should result in his/her imprisonment for a sufficient period of time so as to have a significant adverse effect on the organized criminal group.

    4. The securing of the information or evidence without the requested assistance is impossible or unreasonably burdensome. Another limitation especially applicable to tax investigations relates to requested assistance with respect to two crimes: one to which the treaty applies and one to which it does not. If, under Swiss law, the first crime merges into the second, no assistance will be provided.

  3. An organized criminal group is defined by the treaty. The elements of such a group, without any one of which the special organized crime provisions will not apply, are:

    1. An association or group of persons combined together.

    2. Association for a substantial or indefinite period.

    3. Purpose of association, monetary or commercial gains for itself or others, and illegal means of obtaining these gains.

    4. Carrying out purpose in a methodical and systematic manner. This is under acts or threats of violence or other acts which are likely to intimidate and are mutually criminal, and either, striving to obtain influence in politics or commerce, especially unpolitical organizations, public administrations, the judiciary, commercial enterprises, employers' associations, labor unions or other employees' associations, or association with a similar (organized crime) group which strives to obtain such influence.

  4. Requests for assistance must be made according to procedures detailed in IRM 9.4.2, Sources of Information and must include the following elements:

    1. An introductory paragraph naming the authority on whose behalf the request is being made, the offense being investigated, a brief statement of the need for the evidence, identification of the subject of the investigation, and a concise statement of what assistance is requested.

    2. A description of the offense in concise terms; state the code section violated; include facts of the investigation, showing that the offense has taken place or the reasons for believing the offense has taken place.

    3. A statement of the need for assistance and how the evidence sought fits into the proof of the investigation (e.g., to prove one or more of the elements of the crime or to show a motive).

    4. A statement of the full name, place and date of birth, address, individual's citizenship and any other information which may aid in the identification of the persons who are present at the time of the request of the subject of the investigation.

    5. A statement naming witnesses or other persons who may be affected by the request (e.g., joint bank account holders).

    6. The statement as to any particular procedure that is requested (e.g., the use of compulsory process for documents before notice to a witness).

    7. A statement as to whether the testimony to be taken (if any) should be done under oath or not.

    8. A description of the information, statement or testimony sought.

    9. A description of documents, records or articles of evidence to be produced or preserved, the persons on whom they are to be obtained, and the desired method of reproducing or authenticating them. This description must be as specific as possible.

    10. Information as to the allowance and expenses to which a person appearing in the United States will be entitled. The dollar amount for attendance fees and per diem can be ascertained from 28 USC § 1871.

    11. Information, which provides reasonable suspicion under the organized crime provisions; reasonable suspicion is less than reasonable cause.

9.4.4.4.3  (12-10-2007)
Data to be Included in Requests for Information from Foreign Countries

  1. Before forwarding any collateral request for foreign inquiries, field office personnel are to ensure that the information sought is vital to the successful completion of the investigation at issue. If so, the request must include or be accompanied by all pertinent information and documents required by the International function to process the request, make travel arrangements, and conduct inquiries. The request should not be repetitious of prior requests but should include:

    1. Subject's name and address, and, if an individual, social security number, place and date of birth, and whether the subject is a citizen or resident of the United States.

    2. Name and address of pertinent entities affiliated with the subject and the nature of such affiliations.

    3. Brief resumé of the investigation involved with particular reference to the tax issues (the prospects of obtaining information from a foreign country are enhanced if it can be shown that the foreign government may have a related tax interest).

    4. Detailed statement of the information sought and why it is needed.

    5. Statement of the efforts made to secure the desired information prior to the request and why the efforts were not successful (including comment on any relevant data supplied by the subject and the reasons for considering such data inadequate).

    6. If records of a foreign affiliate of the subject are to be examined, the name and address of the custodian of the records and a document authorizing the custodian to permit that examination or an explanation as to why the authorization was not obtained.

    7. Information on an individual who is to be interviewed, including: name, address, date of birth, nationality, profession, relationship with the subject and with any foreign corporation controlled by the subject, or as much of the foregoing data as may be available, together with any other information that may be helpful in identifying the individual.

    8. All pertinent names, addresses, leads, and other information that may be helpful in complying with the request.

    9. If the request requires bank records, please identify the specific branch.

    10. Name and telephone number of the requesting special agent.

    Note:

    For Canadian requests, also address subsection 9.4.4.4.2, Information from Canada.

  2. The following data will also be included to the extent known at the time of request:

    1. Date upon which a response is required in order to comply with instructions concerning timely submission of investigations involving the statute of limitations for prosecution and any other facts indicating the urgency attached to the need for the information. It should be noted that pursuant to 18 USC §3292 (Suspension of limitations to permit United States to obtain foreign evidence), the field office can petition the district court to toll the statute of limitations while the foreign request is outstanding. The tolling of the statute of limitations is generally limited to six months if the information sought is provided by the foreign country before the statute of limitations expires (see IRM 9.1.3, Criminal Statutory Provisions and Common Law).

    2. Information concerning the importance of the investigation to the field offices enforcement effort and any other facts which make the investigation unusual and worthy of preferential treatment.

    3. A brief statement as to the degree that the desired information, if obtainable, will affect the success of the civil and criminal aspects of the investigation.

    4. The taxable years and approximate tax liability or additional income involved.

  3. If information is sought from more than one country, the general information may be included in a single memorandum. However, any information specific to any one country, including the information sought, should be on a separate attachment.

  4. The US Competent Authority may turn over the entire background file, and all information contained in the collateral request, to the foreign government in order to obtain the information most efficiently. The requesting special agent should specify any information, which is provided for background information but should not be released to representatives of the foreign government or source.

  5. Identify all grand jury information contained in the collateral request and that the United States Attorney's Office authorizes its use, so it may be properly protected.

  6. The request will be submitted in the manner described in paragraphs (1) through (3) above.

  7. All requests will ask whether any witness in a foreign country who furnishes information would be willing to voluntarily appear in a US court, if needed.

  8. Any inquiries should be directed to the CI Country Attaché handling the collateral.

  9. The CI Country Attachés will update the status of the collaterals that are opened in their inventory on at least a quarterly basis and will notify the requesting special agent of the status of their inquiry at the time of the update.

9.4.4.4.4  (12-10-2007)
Witnesses in Foreign Countries

  1. Nonresident aliens physically present in a foreign country cannot be compelled to appear as witnesses in a US district court since they are beyond the jurisdiction of US officials. Since the Constitution requires confrontation of adverse witnesses in criminal prosecutions, the testimony of such aliens may not be admissible until the witness appears at trial. However, certain testimony related to the admissibility of documents may be obtained under 18 USC §3491 et seq. without a personnel appearance in the United States. Additionally, 28 USC §1783 et seq. provides limited powers to induce the appearance of US citizens physically present in a foreign country.

  2. Expenditures necessary for witness fees and travel costs to secure witnesses from outside the United States for grand jury and district court purposes, whether US citizens or foreigners, are made from DOJ funds and are authorized only by the Attorney General upon the application of attorney for the government. All matters involving service of subpoenas abroad are also handled by the Attorney General. Special agents will identify in his/her report those witnesses from a foreign country who may be expected to voluntarily appear so that the attorney for the government may make whatever arrangements are necessary for their appearance. No commitment will be made by CI personnel concerning witness arrangements involving travel from outside the United States (other than for IRS personnel) without the full advance approval of the attorney for the government handling the case. Such arrangements should be made sufficiently in advance so that the attorney for the government can inform the Attorney General thereof.

  3. If the special agent wishes to interview the witness in a foreign country, it may be necessary to obtain a letter of invitation from the foreign country before travel can be approved. The special agent will contact the CI Country Attaché responsible for the country to which the special agent wishes to travel to determine if the country has this condition. A letter between Competent Authorities is also required if there is a tax treaty between the United States and the foreign country.

9.4.4.4.5  (12-10-2007)
Information from INTERPOL

  1. INTERPOL can provide assistance in obtaining leads, information, and evidence from foreign countries. This request is an official request made directly to the police or criminal law enforcement authorities or another country seeking what is commonly known as police information or assistance. Police information or assistance is, generally, information that can be obtained or assistance that can be provided by law enforcement authorities without using subpoenas or another legal process. The request is pursued within the context and confines of each country's laws and policies. Cooperation by participating countries is voluntary.

  2. Examples of the types of information and assistance include:

    • criminal records and intelligence checks

    • asset searches

    • photos of persons and properties

    • travel and immigration records

    • telephone subscriber checks

    • address checks

    • business and corporate filings

  3. To request information through INTERPOL, it is recommended that the CI liaison at INTERPOL be contacted first (see Financial Crimes Web page for contact) to determine the effectiveness of obtaining the information through INTERPOL. If it is recommended that INTERPOL can help, a collateral will be submitted to the CI liaison describing the assistance needed (see Document Manager for Memo Request of INTERPOL Assistance.)

9.4.4.4.6  (12-10-2007)
Information from a Foreign Financial Investigative Unit

  1. The Financial Crimes Enforcement Network is the FIU operating in the United States. The Financial Crimes Enforcement Network can formally request assistance in gathering information on behalf of US law enforcement agencies from FIUs established in other countries. The assistance that can be provided by the foreign FIU will vary with the individual country. Only information concerning a money laundering investigation can be requested.

  2. To request information through FinCEN, it is recommended that the CI liaison at FinCEN be contacted first (see Financial Crimes Web page for contact) to determine the effectiveness of obtaining the information through FinCEN. If it is recommended that FinCEN can help, two documents need to be submitted to the CI liaison describing the assistance needed (see Document Manager for FinCEN's Request for Research Form and the Egmont Group's Request for FIU Information Form.)

Exhibit 9.4.4-1  (12-10-2007)
Financial Crimes Enforcement Network Financial Intelligence Units around the World

See FinCEN Web site for an updated listing on the information concerning Financial Intelligence Units around the world.

Exhibit 9.4.4-2  (12-10-2007)
Formal Written Request

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  Department of the Treasury
    Criminal Investigation Internal Revenue Service
  Washington, DC 20224
   
 
  (Date)
Name of Financial Institution  
    Address  
City, State Zip  
       
IN RE: FORMAL WRITTEN REQUEST FOR PRODUCTION OF INFORMATION PURSUANT TO RIGHT TO FINANCIAL PRIVACY ACT, 12 USC §3401– §3422 ET SEQ.
       
To Whom It May Concern:
       
  This letter is a Formal Written Request for you to provide any and all records, documents, and other information in your possession, or within your control, relating to the following persons or entities:
       
    NAME:
ADDRESS:
SSN: