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Part 9. Criminal Investigation

Chapter 3. Disclosure and Publicity

Section 2. Publicity and Internal Communications

9.3.2 Publicity and Internal Communications

Manual Transmittal

August 12, 2026

Purpose

(1) This transmits revised IRM 9.3.2, Publicity and Internal Communications.

Material Changes

(1) Updated internal controls.

(2) Updated “CI” to “IRS-CI” throughout the IRM.

(3) Updated all IRM and CFR references to quick links throughout the IRM.

(4) Subsection 9.3.2.5(1) removed “as well as inquiries from national media on matters”.

(5) Subsection 9.3.2.5(2) removed “service all other national”.

(6) Subsection 9.3.2.5(4) removed “on local issues that are” and “on national issues or matters”.

(7) Added subsection 9.3.2.11.1.1.3, Public Record Exception.

(8) Exhibit 9.3.2-2 updated title to “Justice Manual 1-7.000, Confidentiality and Media Contacts Policy” and updated content to current policies.

(9) Editorial changes made throughout the IRM that did not result in substantive changes but contributed to clarity of the subject matter.

Effect on Other Documents

This IRM supersedes IRM 9.3.2 dated July 08, 2024.

Audience

Criminal Investigation

Effective Date

(08-12-2026)

Justin H. Campbell
Acting Deputy Chief, Criminal Investigation
for
Jarod J. Koopman
Chief, Criminal Investigation

9.3.2.1 (08-12-2026)

Program Scope and Objectives

  1. Purpose: to build awareness about Criminal Investigations and the work the agency does to both internal and external audiences. Products focus on informing, educating, and protecting U.S. taxpayers on how to identify and avoid criminal activity, as well as deterring and preventing future tax and financial crimes. The Office of Communication:

    1. Conducts media relations,

    2. Handles crisis communications,

    3. Develops and implements IRS-Criminal Investigation’s social media strategy,

    4. Oversees strategic communication initiatives,

    5. Coordinates external speaking engagements,

    6. Conducts congressional outreach,

    7. Provides technical guidance and content management assistance for Criminal Investigations Connections,

    8. Prepares talking points and collateral materials to support outreach and media relations efforts.

  2. Audience: All Criminal Investigation employees.

  3. Policy Owner: Criminal Investigation Chief, Deputy Chief, and Chief of Staff.

  4. Program Owner: Director, Office of Communication within Criminal Investigation Chief, Deputy Chief, and Chief of Staff program.

  5. Primary Stakeholders: All Criminal Investigation employees.

  6. Contact Information: To make changes to this IRM section contact *CI-HQ-IRM.

9.3.2.1.1 (07-08-2024)

Background

  1. Research demonstrates that Criminal Investigation’s law enforcement efforts have a measurable effect on voluntary compliance; specifically, that Criminal Investigation investigations involving tax, tax-related, and money laundering violations have a measurable influence on compliance. This section will discuss why, how, and when Criminal Investigation seeks publicity involving their investigative efforts. The subsections are:

    • Purpose of Publicity,

    • Publicity, Taxpayer Information, and Taxpayer Rights,

    • Roles in Relation to Publicity,

    • Information Available for Media Use,

    • Information Not Available for Media Use,

    • Investigative Publicity,

    • Non-Investigative Publicity,

    • Media Inquiries,

    • Media Procedures.

9.3.2.1.2 (08-12-2026)

Authority

  1. See IRM 1.2.2.12, Delegations of Authority for Communications, Liaison and Disclosure Activities, for the delegated authority relating to IRM 9.3.2, Publicity and Internal Communications.

9.3.2.1.3 (08-12-2026)

Roles and Responsibilities

  1. The Director, Office of Communication, owns this IRM and is responsible for

    1. Providing program oversight.

    2. Maintaining and overseeing updates to this IRM.

    3. Ensuring this IRM provides reliable information for decision making and quality assurance.

    4. Creating awareness about Criminal Investigation and the work the agency does to both internal and external audiences. Products focus on informing, educating, and protecting U.S. taxpayers on how to identify and avoid criminal activity, as well as deterring and preventing future tax and financial crimes.

    5. Reviewing and approving any updates to this IRM before they are published.

9.3.2.1.4 (08-12-2026)

Program Management and Review

  1. The Director, Office of Communication, will manage this IRM’s content by:

    1. Reviewing this IRM annually.

    2. Updating references to forms, letters, publications, documents, notices, etc.

    3. Updating contact information, phone numbers, email addresses, web addresses, etc.

    4. Removing outdated or duplicated content.

    5. Providing other procedural, operational, and editorial changes as needed.

9.3.2.1.5 (08-12-2026)

Program Controls

  1. The Director, Office of Communication will

    1. Review all IRS-Criminal Investigation media relations, strategic communications, social media/web, etc., for procedural, operational, and editorial changes.

    2. Review this IRM frequently to ensure their programs goals and objectives are efficiently and effectively being accomplished.

9.3.2.1.6 (08-12-2026)

Acronyms

  1. The table lists commonly used acronyms and their definitions:

    Acronym Definition
    ASAC Assistant Special Agent in Charge
    IRS-CI Criminal Investigation
    DEA Drug Enforcement Administration
    DOJ Department of Justice
    FBI Federal Bureau of Investigation
    HQ Headquarters
    PAO Public Affairs Officer
    PIO Public Information Officer
    SA Special Agent
    SAC Special Agent in Charge
    SSA Supervisory Special Agent
    USAO United States Attorney’s Office
9.3.2.1.7 (08-12-2026)

Related Resources

  1. IRM 1.2.2.12, Delegations of Authority for Communications, Liaison and Disclosure Activities.

  2. IRM 9.3.1, Disclosure,

  3. IRM 11.3.11, Information Available to the Public.

  4. Justice Manual 1-7.000, Confidentiality and Media Contacts Policy.

9.3.2.2 (07-08-2024)

Purpose of Publicity

  1. IRS-Criminal Investigation (IRS-CI) serves the American public by investigating potential criminal violations of the IRC and related financial crimes in a manner that fosters confidence in the tax system and compliance with the law. One of the most effective methods to encourage compliance is through publicity of the activities that IRS-CI undertakes to enforce the laws within IRS-CI's jurisdiction.

9.3.2.3 (07-08-2024)

Publicity, Taxpayer Information, and Taxpayer Rights

  1. IRS-CI always adheres to the statutes, regulations, and policies regarding the disclosure of tax returns and return information (26 USC 6103) and privacy (5 USC 552a) when seeking publicity.

9.3.2.4 (07-08-2024)

Roles in Relation to Publicity

  1. The following subsections describe the responsibilities of IRS-CI employees in relation to publicity matters.

9.3.2.4.1 (07-08-2024)

Role of the Special Agent in Charge

  1. For all local enforcement news releases, the Special Agent in Charge (SAC) is the approving official. This approval authority may be delegated no lower than the Assistant Special Agent in Charge (ASAC).

  2. Designated IRS officials may participate in press conferences relating to enforcement actions at the invitation of the attorney for the government. Generally, the SAC will participate. The Director, Field Operations (DFO), however, may be the appropriate official in investigations of regional or national significance, or multi-functional compliance issues. Any IRS participation will be coordinated with the IRS-CI Public Affairs Officer (PAO) primarily or Public Information Officer (PIO) secondarily as early as possible.

9.3.2.4.2 (07-08-2024)

Role of the Supervisory Special Agent and Special Agent

  1. In general, the special agent (SA) or supervisory special agent (SSA) whose investigation is the subject of a court action is responsible for notifying the PAO, primarily or PIO, in advance, of all scheduled legal actions.

  2. Coordination among the SA or SSA, the attorney for the government, and the PAO should begin as soon as possible. This allows all parties to agree to a plan of action to maximize deterrent publicity.

  3. The SA or SSA will notify the PAO of pending enforcement actions.

  4. The SA or SSA will notify the PAO of non-investigative publicity activities. These include the following activities:

    1. Public speaking engagements,

    2. Compliance projects,

    3. Written articles,

    4. Public Service or outreach projects,

    5. Award presentations,

    6. Social media posts.

9.3.2.4.3 (07-08-2024)

Role of the Public Affairs Officer (PAO)

  1. Public Affairs Officer (PAO): The PAO is a headquarters (HQ) employee in direct support of an assigned field office and is the critical link to ensure field office communication practices, goals and objectives are aligned with IRS-CI communication practices, goals, and objectives. PAOs are typically located in close geographic proximity to the assigned field office headquarters. The duties include:

    1. Serve as the primary communication advisor to the Field Office SAC.
      -Develop talking points for speaking engagements, media interviews, etc.
      -Develop attributable quotes for inclusion in Department of Justice (DOJ) and U.S. Attorney’s Office press releases.
      -Manage crisis communication efforts.

    2. Develop and execute field office communication strategies that nest within national-level strategies, communication goals and objectives.
      -Develop external communications (news releases, talking points, etc.) for appropriate field office activities.
      -Support Office of Communication campaigns as appropriate.

    3. Serve as the primary point of contact for all media relations activities including but not limited to media queries; media pitches; interview coordination and facilitation; other forms of media projects such as podcast recordings, documentaries, television series or movie production.
      -PAOs may not be geographically positioned to support all media engagements and are empowered to request PIO support for such opportunities.
      -Some field offices may not have PIOs positioned to handle media engagements, in which case PAOs should seek to train SSAs or other IRS-CI personnel to handle media opportunities.
      -SAs are the best individuals to have on camera when discussing investigations and other IRS-CI-specific information and PAOs will arrange, train, and facilitate appropriate interviews with media personnel.
      -SACs, ASACs, SSAs, PIOs, and other SAs not involved in undercover work are the primary IRS-CI personnel identified for interviews. PAOs may do in person interviews where geographically feasible but all case-specific interviews should involve a SA.

    4. Establish and maintain relationships with other agency PAOs/PIOs (United States Attorney’s Office (USAO), Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), etc.) to ensure message alignment and coordination when applicable.

    5. Forward DOJ and USAO news/press releases to appropriate personnel; conduct/distribute media collections within 48 hours of news/press release publication.

    6. Coordinate with field office recruiting leads to ensure messaging consistency across IRS-CI.

    7. Coordinate with field office personnel conducting outreach events to ensure messaging consistency across IRS-CI.

    8. Update the IRS-CI Outreach calendar with media events as they are scheduled and executed.

    9. Review/edit submissions for IRS-CI Connections posts, Tax Case of the Month, etc., as requested.

    10. Coordinate with PIOs to ensure appropriate items are selected and posted to Featured News on IRS-CI Connections.

    11. Cover PIO responsibilities when PIOs are on leave or conducting activities associated with investigations, training, etc.

    12. Coordinate with PIOs and other field office personnel to ensure imagery capture of various events occurring across the field office (outreach events, recruiting efforts, etc.).

    13. Ensure field office personnel adhere to IRS-CI branding and style guides.

9.3.2.4.3.1 (08-12-2026)
Role of the Public Information Officer (PIO)

  1. PIOs are SAs assigned a collateral responsibility to support public affairs activities specific to their assigned field offices. The PIOs primarily responsibility is case work and communication support should be as minimal as possible. The number of PIOs may vary by field office based on needs. The duties of the PIO include:

    1. Maintain situational awareness of public affairs across the field office or an assigned area of responsibility as appropriate.

    2. Conduct in person interviews as needed when the focus is on criminal cases.

    3. Cover critical PAO responsibilities when the PAO is on leave or traveling outside of the field office area of responsibility.

    4. Serve as a point of contact for media. All media queries should be referred to the PAO initially for determination of who will handle a specific media activity.

    5. Assist to ensure SSA’s within assigned regions keep "Legal Action Calendars" updated with recruiting activities and outreach activities and outreach activities associated with their groups.

    6. Post information about field office cases to CI Connections.

    7. Support field office recruitment and outreach activities.

9.3.2.4.4 (07-08-2024)

Role of Criminal Investigation Office of Communication

  1. The IRS-CI Office of Communication is in HQ and has primary responsibility for accomplishing the following activities:

    1. Developing and managing a market-driven, public relations focused, educational strategy to foster voluntary compliance.

    2. Promoting the IRS-CI message nationwide.

    3. Coordinating IRS-CI publicity activities through the PAO and PIO.

    4. Developing a public relations program to deliver the IRS compliance strategy.

    5. Developing talking points, speeches, social media posts and articles on IRS-CI activities for dissemination to both internal and external audiences.

    6. Assisting with the development of Congressional testimony.

    7. Serving as a conduit between IRS Communication and Liaison for external media contacts and IRS-CI executives for interviews and articles on IRS-CI matters.

    8. Communicating publicity on IRS-CI investigations to executives, IRS-CI employees, and other internal and external stakeholders.

    9. Producing documents and publications regarding IRS-CI investigations, program areas, strategies, and related matters.

    10. Maintaining biographical information on IRS-CI leadership.

    11. Managing media training for all IRS-CI executives, liaisons, and PIOs.

    12. Managing national outreach and compiling nationwide statistical data on IRS-CI outreach efforts.

9.3.2.5 (08-12-2026)

Jurisdictional Areas

  1. As a general rule, field offices will service inquiries from the local media under jurisdiction of that field office.

  2. The IRS Communications & Liaison will forward media inquiries to IRS-CI Office of Communication.

  3. Field offices receiving national media requests for interviews will contact the IRS-CI Office of Communication before taking any action on the request.

  4. IRS-CI Office of Communication will inform IRS Communications & Liaison of substantive media inquiries received directly by IRS-CI. The IRS Office of Communications & Liaison and local offices will inform the IRS-CI Office of Communication of substantive media inquiries or matters they receive directly.

9.3.2.6 (08-12-2026)

Information Available for Media Use

  1. These instructions regarding the release by IRS personnel of information relating to criminal and civil proceedings are based on the Attorney General's Statement of Policy concerning the release of information by personnel of the DOJ relating to criminal and civil proceedings and published in 28 CFR 50.2.

  2. The type of information that can be released is as follows:

    1. General information concerning IRS-CI and the type of work done by the organization.

    2. Information that is a matter of public record (such as pleadings filed with the U.S. Tax Court, a sworn affidavit or an indictment, which has been made public) may be supplied upon request.

  3. All news releases concerning criminal actions will be submitted to the appropriate attorney for the government for awareness before distribution to the news media. News releases may be attributable to either the attorney for the government, or to both the IRS and the attorney for the government. Jointly attributable news releases may be issued via approved IRS platforms and may be distributed by IRS officials. News releases, which are attributable only to the attorney for the government, may be distributed by IRS officials.

  4. Any disclosure of return information under this provision may only be made pursuant to the public record exception recognized by most circuit courts.

  5. Because of the statutory prohibition on the disclosure of tax returns and return information, it is imperative that material contained in news releases be limited to information that is taken directly from the public record. Media requests for information that go beyond public record information, or general IRS program issues, will be referred to the attorney for the government.

  6. With respect to those special situations referred to in 28 CFR 50.2(b)(9) of the Attorney General's Statement of Policy, the SAC is designated for approving release of information beyond the Attorney General's guidelines, after clearance with the attorney for the government. This exception is to permit the release of information that would not be prejudicial under the particular circumstances. See Exhibit 9.3.2-1.

  7. All information intended for release to the public is subject to the provisions of IRM 11.3, Disclosure of Official Information, with respect to the disclosure of official information from IRS files or records.

    Note:

    Just because an item is considered information suitable for release in the Attorney General's Policy statement does not mean that it can be disclosed pursuant to 26 USC 6103. See IRM 11.3, Disclosure of Official Information, and IRM 9.3.1, Disclosure. Public Record Information is defined in the Ninth Circuit as follows: "If a taxpayer's return information is lawfully disclosed in a judicial proceeding, the information is no longer confidential and may be disclosed again. Once tax return information is made part of the public domain, the taxpayer may no longer claim a right of privacy in that information."

9.3.2.7 (07-08-2024)

Information Not Available for Media Use

  1. In many instances, information cannot be disclosed because of prohibitions contained in 26 USC 6103 and other statutes such as the Privacy Act. The SA, PAO, PIO, SSA, ASAC, and SAC should be familiar with 26 USC 6103 and the penalties for unauthorized disclosure in 26 USC 7213 and 26 USC 7431.

  2. IRS personnel will not make public statements, news releases, or other public disclosures concerning the defendant, the evidence, or any other aspect of a criminal investigation from the time a person is the subject of a criminal investigation until any proceeding resulting from such an investigation has been entered into public record. Under no circumstances will IRS officials release to the public the following type of information:

    1. Observations about a defendant's character.

    2. Information concerning a defendant's prior criminal record.

    3. Statements, admissions, confessions, or alibis attributable to the defendant or the refusal or failure of the accused to make a statement.

    4. References to investigative procedures, such as fingerprints, polygraph examinations, ballistics tests, or laboratory tests, or to the refusal by the defendant to submit to such tests or examinations.

    5. Statements concerning the identity, credibility, or testimony of prospective witnesses.

    6. Statements concerning the evidence or argument developed during the course of an investigation, whether or not it is anticipated that such evidence or argument will be used at trial.

    7. Any opinion as to the accused's guilt or the possibility of a plea of guilty to the offense charged, or the possibility of a plea to a lesser offense.

    8. Any statement or information expected to influence the outcome of a pending or future trial.

    9. Any information that would be highly prejudicial and where release would serve no law enforcement function.

  3. IRS personnel will take no action to encourage or assist news media in photographing or televising a defendant or accused person being transported or held in federal custody, nor should photographs of a defendant be made available to news media. These restrictions are not intended to prohibit the release of information concerning a defendant who is a fugitive from justice.

  4. Generally, extensive pretrial publicity does not, itself, render a trial unfair and violate a defendant's right to due process. See Dobbert v. Florida, 432 U.S. 282 (1977); Irvin v. Dowd, 366 U.S. 717 (1961).

  5. When civil actions result from a criminal investigation, IRS-CI personnel should not make or participate in making an extra-judicial statement.

  6. The mere fact that disclosure of certain information may be embarrassing to the IRS is not a sufficient basis for withholding it.

9.3.2.8 (08-12-2026)

Investigative Publicity

  1. While IRS-CI conducts criminal tax investigations, DOJ is responsible for prosecutions and should take the lead in publicizing such actions.

  2. If the attorney for the government chooses not to issue a news release, the SAC may issue a release after obtaining the concurrence of the attorney for the government.

  3. While there are many pre-trial, trial, and post-trial activities of IRS-CI that are of interest to the media, any disclosure of return information under this provision is made pursuant to the public record exception.

    Note:

    Media representatives are prohibited from accompanying IRS-CI personnel carrying out an investigative, enforcement, or similar assignment.

9.3.2.8.1 (07-08-2024)

Pre-Trial Actions

  1. News releases related to pretrial actions, such as indictments and the filing of criminal information, may be prepared upon approval of the attorney for the government. Releases will be cleared as stated in IRM 9.3.2.10. After appropriate clearances, the release may be issued on approved IRS platforms.

  2. Media requests for information about a pretrial action that goes beyond the contents of a release will be referred to the attorney for the government.

  3. Pre-trial activities that may warrant publicity, but require pre-approval from the attorney for the government include the following:

    1. Execution of search, seizure, and arrest warrants,

    2. Motions, hearings, and injunctions,

    3. Indictments and information,

    4. Pleas and arraignments.

9.3.2.8.1.1 (07-08-2024)
Search, Seizure and Arrest Warrants

  1. At the conclusion of the execution of a search, seizure, or arrest warrant, IRS may release to the news media information contained in the warrant and affidavit, provided such information has been filed with the clerk of the U.S. District Court. At that time, the warrant and affidavit have become matters of public record in the judicial proceeding relating to the warrant, unless there are specific limitations imposed by law or court order. The release of such information may be made, after obtaining approval from the attorney for the government.

  2. Any disclosure of return information under this provision is made pursuant to the public record exception.

  3. The information that is released will include only incontrovertible factual matters and should not include subjective observations. Where such information would be highly prejudicial and where release would serve no law enforcement purpose, it will not be made public. Needs information concerning a defendant's prior criminal record will not be made public by IRS officials.

  4. Media requests for information about a warrant that go beyond the contents of a public warrant or public affidavit will be referred to the attorney for the government.

9.3.2.8.1.2 (07-08-2024)
Motions and Hearings

  1. The IRS may provide advance media notice.

  2. A news release may be issued with the approval of the attorney for the government.

9.3.2.8.1.3 (07-08-2024)
Indictments and Information

  1. News releases related to pre-trial actions such as indictments and filing of criminal information will be released only upon the approval of the attorney for the government on a case-by-case basis. These news releases must be prepared by the field office in accordance with local procedures and submitted to the attorney for the government for approval before distribution to the news media. At the request of the attorney for the government, the field office will assist with the distribution of a release to the news media. News releases that are jointly attributable to the IRS and the attorney for the government may be released on approved IRS letterhead and platforms.

9.3.2.8.1.4 (07-08-2024)
Pleas and Arraignments

  1. If a plea agreement does not contain a "no publicity" clause, the IRS may provide advance media notice, and the field office may issue a news release with the approval of the attorney for the government.

  2. If the attorney for the government does not wish to initiate a news release upon the entry of a plea of either guilty or nolo contendere, rendition of a trial decision, or upon ultimate sentencing, then the SAC is authorized to issue an appropriate news release.

  3. Any disclosure of return information under this provision is made pursuant to the public record exception.

9.3.2.8.2 (08-12-2026)

Trials

  1. Because a trial is a public forum, anything introduced at trial is considered public information and is no longer confidential. Therefore, information derived from the public record is not afforded confidential protection under 26 USC 6103. Typically, the attorney for the government's office will issue news releases or hold press conferences at the conclusion of a trial.

  2. If the attorney for the government does not wish to initiate a news release upon the entry of a plea of either guilty or nolo contendere, rendition of a trial decision, or upon ultimate sentencing, the SAC is authorized to issue an appropriate news release.

  3. Release by IRS of information provided at legal proceedings can be made if recorded by an IRS employee other than the investigating SA. Verbatim notes should be taken by the IRS employee and should be filed with the background documents, and with the news release. No editorial comments should be placed in the release, even those made by the judge. The release must contain the facts of the conviction, plea, or sentence. Information from the already publicly filed indictment can be used to describe the charges.

  4. Any disclosure of return information under this provision is made pursuant to the public record exception.

9.3.2.8.3 (07-08-2024)

Post Prosecution Actions

  1. News releases may be issued within guidelines for post-prosecution actions. The media may also be notified if public information is available (e.g., indictments, criminal complaints, etc.).

  2. Post-prosecution activities that may warrant publicity include the following:

    1. Sentencing,

    2. Appeals,

    3. Seizures, sales, and auctions,

    4. Asset sharing.

9.3.2.8.3.1 (08-12-2026)
Sentencing

  1. A good opportunity to seek publicity to further IRS-CI's mission to promote voluntary compliance exists at the time of sentencing.

  2. The IRS may notify the media in advance of the date, time, and place of sentencing.

  3. A news release may be issued by the SAC and with the approval of the attorney for the government.

  4. If the attorney for the government does not wish to initiate a news release upon the entry of a plea of either guilty or nolo contendere, rendition of a trial decision, or upon ultimate sentencing, then the SAC is authorized to issue an appropriate news release.

  5. Any disclosure of return information under this provision is made pursuant to the public record exception.

9.3.2.8.3.2 (07-08-2024)
Appeals

  1. The IRS may provide advance media notice.

  2. A field office may issue a news release with the approval of the attorney for the government.

9.3.2.8.3.3 (08-12-2026)
Seizures, Sales, and Auctions

  1. For unique or exceptional newsworthy situations, the IRS may contact the media and provide information pursuant to the guidelines listed for search warrants. See Exhibit 9.3.2-2.

  2. The specific notification procedures required for asset seizures and forfeitures are not publicity situations as referred to in this section. These procedures can be found in IRM 9.7, Asset Seizure and Forfeiture.

9.3.2.8.3.4 (07-08-2024)
Asset Sharing

  1. Photos, public record investigation summaries, news releases, social media, and press conferences can be used to publicize asset-sharing events. Because the investigations have been adjudicated, asset-sharing investigations have substantial amounts of public information.

  2. One occasion where the IRS can reap positive publicity occurs when a check is presented to an assisting state or local law enforcement agency involved in a seizure investigation. The PAO can arrange for the DFO and/or SAC to participate in the presentation.

9.3.2.9 (07-08-2024)

Non-Investigative Publicity

  1. IRS-CI has many opportunities to promote its mission, beyond investigation-related activities. Outreach to key audiences provides many of those opportunities. Outreach is defined as any proactive education, assistance, or marketing activity designed to provide or enhance top quality service to internal or external customers and/or to help taxpayers better understand and meet their tax responsibilities. Criminal Investigation’s customers have been defined as tax professionals, the taxpaying public (including representatives), attorneys for the government, and the IRS operating divisions.

  2. The PAO or PIO is to be notified of all non-investigation related outreach opportunities to promote IRS-CI’s mission. The following is a list of some non-investigation related opportunities:

    • Public speaking engagements,

    • Compliance projects,

    • Written articles,

    • Public service or outreach projects,

    • Award presentations,

    • Citizen Academies,

    • Job Fairs.

9.3.2.9.1 (07-08-2024)

Public Speaking Engagements

  1. Frequently IRS or IRS-CI is asked to speak to civic organizations, professional associations, law enforcement organizations, schools, or banks. Criminal Investigation talking points and speeches are available for these events by contacting the PAO.

9.3.2.9.2 (07-08-2024)

Compliance Projects

  1. Consideration should be given to coordinated news releases through IRS Communications and Liaison at the onset of major compliance projects. Such projects frequently are worked in conjunction with the other operating divisions covering major industries or occupations involved in widespread noncompliance. These activities may result in a significant number of audits resulting in high dollar assessments, and ultimately many successful criminal prosecutions. A proactive approach would involve a general news release at the time the civil audits begin, followed by releases regarding the number of audits and assessments made, and still later with the traditional criminal action news releases. A comprehensive approach could result in greater overall compliance.

9.3.2.9.3 (07-08-2024)

Professional Articles

  1. Frequently, newspapers, periodicals, web platforms, and newsletters ask for contributing articles on IRS-CI or agent profiles. Responses to these requests provide positive publicity.

9.3.2.9.4 (07-08-2024)

Outreach and Public Service

  1. Participation in outreach programs and public service programs also provide a platform for positive news coverage.

9.3.2.9.5 (07-08-2024)

Award Presentations

  1. Awards, both internal and external, received by IRS-CI personnel, as well as awards presented by IRS-CI personnel to persons in the community who have aided the mission of the IRS, provide a positive image of the IRS.

9.3.2.9.6 (07-08-2024)

Information Regarding Non-Investigation Publicity

  1. The PAO is to be furnished with the following information regarding non-investigation publicity and outreach:

    1. Date the request was received,

    2. Date and time of the event,

    3. Requesting information,

    4. Location,

    5. Topic,

    6. Type of activity,

    7. Point of Contact – name, phone number, email address,

    8. Length of presentation,

    9. Type and size of the audience,

    10. Audience feedback.

9.3.2.10 (07-08-2024)

Media Inquiries

  1. Media inquiries and contacts must be coordinated through the PAO.

  2. Media is the basic means of mass communications with the public, therefore effective procedures are necessary to ensure the handling of inquiries promptly and in a spirit of genuine helpfulness. Such cooperation is dictated by the valuable contribution made by the media in disseminating the requirements of tax law compliance and the policies and programs of the IRS.

  3. Timeliness is essential in news dissemination and should be given major emphasis in meeting the requirements of the media. It is particularly important in adversary situations. If it is appropriate to comment, the IRS's side of the story should be made available as quickly as possible, preferably in time for the first reporting of the story.

  4. Extreme care should be used in responding to inquiries of a general nature when it can reasonably be deduced that the answers are going to be applied to a specific situation.

  5. When media inquiries are made, a statement of "no comment" should be avoided. If the media inquiry is made at a stage in the investigation when little or no public information is available, the PAO should explain the law that prohibits IRS from either confirming or denying the existence of an investigation. Unauthorized disclosure of tax returns or return information imposes severe criminal and civil penalties on the party responding to such questions. See IRM 9.3.1, Disclosure.

  6. Media requests for information that go beyond the contents of a news release or public information should be referred to the attorney for the government's office.

9.3.2.11 (08-12-2026)

Media Procedures

  1. The IRS and IRS-CI in particular, have specific procedures that must be followed to release, track, and record newsworthy information. The subsequent subsections address these procedures.

  2. For additional information on public record issues. See IRM 11.3.11, Disclosure of Official Information, Information Available to the Public.

  3. Neither section 6103, nor any other provision of the Code, contain any express exception authorizing publication of returns or return information that have become a matter of public record. See the Disclosure & Privacy Law Reference Guide.

9.3.2.11.1 (07-08-2024)

Releasing News

  1. Before news is released or an interview takes place, prepare the information to be released and obtain the appropriate approvals.

9.3.2.11.1.1 (07-08-2024)
The Printed News Release

  1. A printed news release consists of information prepared by the attorney for the government or IRS-CI for publication by the news media. It should meet the following criteria:

    1. Be well structured,

    2. Furnish all available public record facts,

    3. Provide date of issue,

    4. Provide a contact point for further information.

9.3.2.11.1.1.1 (07-08-2024)
Notification Process for the News Release

  1. Coordination among the SA or SSA, the attorney for the government, and the PAO, should begin at the earliest possible date. This allows all parties to agree to a plan of action to maximize deterrent publicity.

  2. As soon as the SA is notified by the attorney for the government of the date of any anticipated legal actions, they should notify the PAO.

  3. The SA or SSA will place the anticipated action on the Legal Action Calendar.

  4. The SSA is responsible for ensuring that anticipated legal actions are communicated to the PAO using the process adopted by the field office (e.g., email notification, Outlook calendar, etc.)

9.3.2.11.1.1.2 (08-12-2026)
The Criminal Investigation News Release

  1. Since only public record information can be included in a news release issued by the IRS, it is imperative that as much information on the defendant and the offense be included in legal action documents, i.e., indictment, plea, etc.

  2. Use of state and local public record sources are permissible in news releases as long as source and attribution are given to that record.

    Note:

    The public record must be accessible to the general public. If the record is only accessible to law enforcement personnel, you may not use it as a public record.

  3. The SA and SSA should ensure that the attorney for the government includes the following information in each legal action document:

    1. Defendant’s name,

    2. Age,

    3. Residence,

    4. Employment,

    5. Marital status,

    6. Substance or text of charge,

    7. Scope of the investigation,

    8. Scheme utilized in committing the offense.

  4. The PAO is responsible for the preparation of all IRS-CI generated news releases. Accordingly, the SA and SSA should work closely with the PAO to:

    1. Provide copies of warrants, affidavits, indictments, and other publicly filed investigation-related documents to assist in drafting news releases.

    2. Get factual basis for the legal action (e.g., plea) read into court record or have an IRS employee (not the investigation SA) take verbatim notes of the court findings.

    3. If appropriate, the SA or SSA can prepare a draft press release for use by the attorney for the government or the PAO will ensure that the contents of the release conform to the disclosure and privacy statutes and guidelines.

  5. An IRS-CI news release may be issued after all the following steps have been completed:

    1. Field office clearance procedures as established by the SAC in coordination with IRS-CI Office of Communication.

    2. Approval by the attorney for the government.

  6. All IRS generated news releases relating to IRS-CI investigations will be approved by the SAC prior to issuance. This authority may be delegated no lower than the ASAC. Copies of all news releases will be provided to the investigating SA and forwarded electronically to IRS-CI Office of Communication. News releases must be cleared within the field office in accordance with procedures established by the SAC in coordination with IRS-CI Office of Communication.

  7. All IRS generated news releases relating to IRS-CI investigations will be approved by the SAC prior to issuance. This authority may be delegated no lower than the ASAC. Copies of all news releases will be provided to the investigating SA and forwarded electronically to IRS-CI Office of Communication. News releases must be cleared within the field office in accordance with procedures established by the SAC in coordination with IRS-CI Office of Communication.

  8. All news releases concerning criminal actions will be submitted to the attorney for the government for awareness before distribution to the news media. News releases related to pre-trial actions will be released only upon the approval of the attorney for the government on a case-by-case basis. News releases may be attributable either to the attorney for the government, or to both the IRS and the attorney for the government.
    Jointly attributable news releases may be issued after the PAO ensures that the content in the release came from the public record documents and is approved by the attorney for the government. The release may be distributed by IRS officials. News releases, which are attributable only to the attorney for the government may be distributed by the IRS.

    Note:

    The fact that the attorney for the government may generally draft and issue news releases in a particular judicial district in no way diminishes the responsibility of IRS-CI for proceeding with the process detailed above. The PAO should still be involved in the drafting of the release to ensure IRS issues are covered. The PAO can also assist in providing legal action documents to the media as appropriate. Additionally, the PAO will have targeted media markets, which may not be on the general distribution list of the attorney for the government.

  9. At the request of the attorney for the government, the field office will assist with the distribution of releases to the news media whether they are released jointly or only attributable to the attorney for the government.

  10. Absent strategic or legal limitations, most legal actions on an IRS-CI investigation could be the subject of a news release. If the attorney for the government is not issuing a news release, then the responsibility rests on IRS-CI to consider the need for a news release (depending on the stage of the investigation, e.g., warrant execution, trial phase, or plea negotiations) and ensure that an appropriate release is drafted, reviewed, and distributed to the appropriate media outlets.

  11. Any disclosure of return information under this provision may only be made pursuant to the public record exception.

9.3.2.11.1.1.3 (08-12-2026)
Public Record Exception

  1. Extreme care should be used when determining whether tax information has actually become a matter of public record. To be considered a matter of public record, the source of the information must be a document or other record that has in fact been filed with the court by, or on behalf, of the IRS in a judicial proceeding or is a matter of public record available to the general public. For information coming from a proceeding, the proceeding must be held in open court and the source of the information must be the public record of the judicial proceeding. An IRS copy of a document filed in a tax administrative judicial proceeding that does not bear a stamp evidencing its filing with the court should not be relied upon by itself as a public record.

  2. Besides verifying that the information came from public record source, or was made public by, or on behalf of, the IRS in a court proceeding, the SAC must also attribute the disclosure they intend to make to the public record when making disclosure.

  3. The fact that tax information has been made public by someone other than the IRS does not affect the confidentiality of the same information contained in our files. The IRS cannot confirm or deny information made public by any other party unless specifically authorized by 26 USC 6103. Be careful of media questions that seek further (non-public) information that could result in unauthorized disclosures.

9.3.2.11.1.2 (07-08-2024)
Personal Public Appearance

  1. PAO will notify IRS-CI Office of Communication before the SAC personally appears in public on behalf of IRS-CI.

9.3.2.11.1.2.1 (07-08-2024)
Press Conference

  1. Designated IRS officials may participate in press conferences at the invitation of the attorney for the government.

9.3.2.11.2 (07-08-2024)

Tracking Publicity and Post Publicity Procedures

  1. Tracking investigation publicity is the responsibility of all IRS-CI employees, but primarily rests with the investigating SA and SSA.

  2. Publicity may occur at various stages of an investigation, i.e., execution of warrant, indictment, trial, plea, conviction, sentencing, and/or appeal. Publicity at those junctures should be entered into CIMIS on the affected investigations. However, it is not necessary to document every media pick up. The IRS-CI publicity rate is calculated by all sentenced investigations that received publicity sometime during the period the investigation was open. It is important to document in CIMIS the various types of publicity obtained.

Exhibit 9.3.2-1

28 CFR, Chapter 1, Part 50.2 Release of Information by Personnel of the Department of Justice Relating to Criminal and Civil Proceedings (07/01/08 Edition)

(a) General
(1) The availability to news media of information in criminal and civil cases is a matter which has become increasingly a subject of concern in the administration of justice. The purpose of this statement is to formulate specific guidelines for the release of such information by personnel of the Department of Justice.
(2) While the release of information for the purpose of influencing a trial is, of course, always improper, there are valid reasons for making available to the public information about the administration of the law. The task of striking a fair balance between the protection of individuals accused of crime or involved in civil proceedings with the Government and public understandings of the problems of controlling crime and administering government depends largely on the exercise of sound judgment by those responsible for administering the law and by representatives of the press and other media.
(3) Inasmuch as the Department of Justice has generally fulfilled its responsibilities with awareness and understanding of the competing needs in this area, this statement, to a considerable extent, reflects and formalizes the standards to which representatives of the Department have adhered in the past. Nonetheless, it will be helpful in ensuring uniformity of practice to set forth the following guidelines for all personnel of the Department of Justice.
(4) Because of the difficulty and importance of the questions they raise, it is felt that some portions of the matters covered by this statement, such as the authorization to make available federal conviction records and a description of items seized at the time of arrest, should be the subject of continuing review and consideration by the Department on the basis of experience and suggestions from those within and outside the Department.
(b) Guidelines to criminal actions
(1) These guidelines shall apply to the release of information to news media from the time a person is the subject of a criminal investigation until any proceeding resulting from such an investigation has been terminated by trial or otherwise.
(2) At no time shall personnel of the Department of Justice furnish any statement or information for the purpose of influencing the outcome of a defendant’s trial, nor shall personnel of the Department furnish any statement or information, which could reasonably be expected to be disseminated by means of public communication, if such a statement or information may reasonably be expected to influence the outcome of a pending or future trial.
(3) Personnel of the Department of Justice, subject to specific limitations imposed by law or court rule or order, may make public the following information:
(i)The defendant’s name, age, residence, employment, marital status, and similar background information.
(ii)The substance or text of the charge, such as a complaint, indictment, or information.
(iii)The identity of the investigating and/or arresting agency and the length or scope of an investigation.
iv)The circumstances immediately surrounding an arrest, including the time and place of arrest, resistance, pursuit, possession and use of weapons, and a description of physical items seized at the time of arrest.
Disclosures should include only incontrovertible, factual matters, and should not include subjective observations. In addition, where background information or information relating to the circumstances of an arrest or investigation would be highly prejudicial or where the release thereof would serve no law enforcement function, such information should not be made public.
(4) Personnel of the Department shall not disseminate any information concerning a defendant’s prior criminal record.
(5) Because of the particular danger of prejudice resulting from statements in the period approaching and during trial, they ought strenuously to be avoided during that period. Any such statement or release shall be made only on the infrequent occasion when circumstances absolutely demand a disclosure of information and shall include only information which is clearly not prejudicial.
(6) The release of certain types of information generally tends to create dangers of prejudice without serving a significant law enforcement function. Therefore, personnel of the Department should refrain from making available the following:
(i)Observations about a defendant’s character.
(ii) Statements, admissions, confessions, or alibis attributable to a defendant, or the refusal or failure of the accused to make a statement.
(iii) Reference to investigative procedures such as fingerprints, polygraph examinations, ballistics tests, or laboratory tests, or to the refusal by the defendant to submit to such tests or examinations.
(iv) Statements concerning the identity, testimony, or credibility of prospective witnesses.
(v) Statements concerning evidence or argument in the case, whether or not it is anticipated that such evidence or argument will be used at trial.
(vi) Any opinion as to the accused’s guilt, or the possibility of a plea of guilty to the offense charged, or the possibility of a plea to a lesser offense.
(7) Personnel of the Department of Justice should take no action to encourage or assist news media in photographing or televising a defendant or accused person being held or transported in federal custody. Departmental representatives should not make available photographs of a defendant unless a law enforcement function is served thereby.
(8) This statement of policy is not intended to restrict the release of information concerning a defendant who is a fugitive from justice.
(9) Since the purpose of this statement is to set forth generally applicable guidelines, there will, of course, be situations in which it will limit the release of information which would not be prejudicial under the particular circumstances. If a representative of the Department believes that in the interest of the fair administration of justice and the law enforcement process information beyond these guidelines should be released, in a particular case, he shall request the permission of the Attorney General or the Deputy Attorney General to do so.
(c) Guidelines to civil actions
Personnel of the Department of Justice associated with a civil action shall not during its investigation or litigation make or participate in making an extrajudicial statement, other than a quotation from or reference to public records, which a reasonable person would expect to be disseminated by means of public communication if there is a reasonable likelihood that such dissemination will interfere with a fair trial, and which relates to:
(1) Evidence regarding the occurrence or transaction involved.
(2) The character, credibility, or criminal records of a party, witness, or prospective witness.
(3) The performance or results of any examinations or tests or the refusal or failure of a party to submit to such.
(4) An opinion as to the merits of the claims or defenses of a party, except as required by law or administrative rule.
(5) Any other matter reasonably likely to interfere with a fair trial of the action.
 
Exhibit 9.3.2-2

Justice Manual 1-7.000, Confidentiality and Media Contacts Policy.

1-7.001 Purpose - updated April 2018
The Department of Justice (DOJ) Confidentiality and Media Contact Policy (the Policy) applies to all DOJ personnel, including employees, contractors, detailees, and task force partners.
The Policy governs the protection and release of information that DOJ personnel obtain in the course of their work, and it balances four primary interests: (1) an individual’s right to a fair trial or adjudicative proceeding; (2) an individual’s interest in privacy; (3) the government’s ability to administer justice and promote public safety; and (4) the right of the public to have access to information about the DOJ.
The Policy provides internal guidance only and does not create any rights enforceable in law or otherwise. DOJ components may promulgate more specific policies, consistent with and subject to this policy.
 
1-7.100 General Need for Confidentiality - updated April 2018
Much of DOJ’s work involves non-public, sensitive matters. Disseminating non-public, sensitive information about DOJ matters could violate federal laws, employee non-disclosure agreements, and individual privacy rights; put a witness or law enforcement officer in danger; jeopardize an investigation or case; prejudice the rights of a defendant; or unfairly damage the reputation of a person.
DOJ personnel should presume that non-public, sensitive information obtained in connection with work is protected from disclosure, except as needed to fulfill official duties of DOJ personnel, and as allowed by court order, statutory or regulatory prescription, or case law and rules governing criminal and civil discovery. Other than as necessary to fulfill DOJ official duties, disclosure of such information to anyone, including to family members, friends, or even colleagues, is prohibited and could lead to disciplinary action. Unauthorized disclosures of sensitive personal or proprietary information could lead to criminal prosecution or administrative action.
 
1-7.110 Unauthorized Disclosures of Classified Information - updated April 2018
Only DOJ personnel with the appropriate security clearance and a specific need to know should have access to classified information. Those with access must take every precaution to ensure that such information is safeguarded.
It is against the law to disclose classified information to someone not authorized to receive it. Deliberate unauthorized disclosures of classified information, which can endanger national security and undermine DOJ’s law enforcement and intelligence work, will be prosecuted to the fullest extent of the law. DOJ will also pursue all available administrative remedies, including revocation of a security clearance or disciplinary action up to termination of employment.
 
1-7.120 Whistleblower Protections - updated October 2024
DOJ personnel may disclose to their management or the Office of the Inspector General (OIG), among others, concerns they have with government policies or actions. If you are a non-FBI DOJ employee and believe that you have suffered a reprisal because of a protected disclosure as described below, you may submit a retaliation complaint, pursuant to 5 USC 2302, to the U.S. Office of Special Counsel (OSC) or the OIG Hotline. If you are an FBI employee, you may submit a retaliation complaint to the OIG Hotline or the DOJ Office of Professional Responsibility, pursuant to 5 USC 2303. It is illegal for a Department employee to take or fail to take, or to threaten to take or fail to take a personnel action against a Department employee or applicant in reprisal for making a “protected disclosure”—that is, a communication (e.g., to a supervisor in the direct chain of command, the OIG, OSC, or Congress, among others) that reasonably evidences: a violation of any law, rule, or regulation; gross mismanagement; a gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety—or for cooperating with or disclosing information to the OIG or OSC.
Nothing in this Policy is intended to conflict with or limit whistleblower protections, such as those provided in 5 USC 2302 (for non-FBI DOJ personnel) and 5 USC 2303 (for FBI personnel) and applicable regulations. Rather, the provisions of this Policy “are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this [Policy] and are controlling.” 5 USC 2302(b)(13)(A).
For more information on whistleblower rights and protections, see the Whistleblower Protection page on the OIG’s website
 
1-7.200 Designation of Media Representative - updated April 2018
Each United States Attorney’s Office and DOJ component field office shall designate at least one person to act as a point of contact on matters pertaining to the media. The DOJ Office of Public Affairs (OPA) shall designate a media point of contact for Main Justice components.
 
1-7.210 Reporting Media Contacts - updated April 2018
DOJ personnel must report to their designated media representative any contact with a member of the media about a DOJ matter. DOJ components may, as they deem appropriate, exclude from this requirement the ministerial confirmation of matters of public record, such as the spelling of a charged defendant’s name or the date of the next court hearing. If the contact concerns suspected classified or grand jury subject matter, DOJ personnel must immediately notify a supervisor.
 
1-7.300 Department of Justice Components - updated April 2018
Public affairs officers at the headquarters level of DOJ components are responsible for coordinating news media contacts with the Director of OPA.
 
1-7.310 United States Attorneys - updated April 2018
Each of the 93 United States Attorneys will exercise discretion and sound judgment, consistent with this Policy, as to matters affecting their own district, but must coordinate their news media contacts with OPA in cases that transcend their district or are of national importance. The United States Attorney has responsibility for all matters involving the local media,
 
1-7.400 Disclosure of Information Concerning Ongoing Criminal, Civil, or Administrative Investigations - updated February 2024
A. Any communication by DOJ personnel with a member of the media relating to a pending investigation or case must be approved in advance by the appropriate United States Attorney or Assistant Attorney General, or their designee, except in emergency circumstances. For administrative investigations not overseen by a United States Attorney or Assistant Attorney General, approval must be obtained from the Assistant Attorney General for Administration, or their designee. Where the investigation is being handled by the Office of the Inspector General, approval must come from the Inspector General, or their designee. Obtaining information from or related to the news media is covered by the department’s news media policy.
B. DOJ generally will not confirm the existence of or otherwise comment about ongoing investigations. Except as provided in subparagraph C of this section, DOJ personnel shall not respond to questions about the existence of an ongoing investigation or comment on its nature or progress before charges are publicly filed.
C. When the community needs to be reassured that the appropriate law enforcement agency is investigating a matter, or where release of information is necessary to protect the public safety, comments about or confirmation of an ongoing investigation may be permissible, subject to the approval requirement in subparagraph A.
D. An investigating agency may not disclose to a member of the news media or general public its recommended charging decision in a criminal case without the approval of the appropriate United States Attorney or Assistant Attorney General overseeing the prosecution of the case, or their designee.
 
1-7.410 Comments on Requests for Investigations - updated April 2018
Individuals, groups, and organizations occasionally send letters requesting that a person or entity be investigated for violations of law. Sometimes, the requestor then publicizes the request,
Receipt of a request to open an investigation may be publicly acknowledged, but care should be taken to avoid implying that the referral will lead to an investigation. There is a distinction between reviewing a request and opening an investigation.
Any acknowledgment, which must be approved by the appropriate United States Attorney or Assistant Attorney General, should state that such requests are referred to the proper investigative agency for review, that all allegations are reviewed in light of the Principles of Federal Prosecution (see JM 9-27.000), and that DOJ ordinarily does not confirm or deny the existence of an investigation.
The same considerations apply if there is an investigation already underway.
 
1-7.500 Release of Information in Criminal, Civil, and Administrative Matters - Disclosable Information - updated April 2018
Subject to limitations imposed by law or court rule or order, and consistent with the provisions of this policy, DOJ personnel may make public the following information in any criminal case in which charges have been brought:
A. The defendant’s name, age, residence, employment, marital status, and similar background information;
B. The substance of the charge, as contained in the complaint, indictment, information, or other public documents;
C. The identity of the investigating or arresting agency and the length and scope of the investigation; and
D. The circumstances immediately surrounding an arrest, including the time and place of the arrest, resistance, pursuit, possession and use of weapons, and a description of physical items seized during the arrest.
A news release issued before a finding of guilt should state that the charge is merely an accusation, and the defendant is presumed innocent until proven guilty.
In civil and administrative cases, subject to limitations imposed by law or court rule or order, and consistent with the provisions of this policy, DOJ personnel may release similar identification material regarding parties and the concerned government agency or program, along with a summary of the claim and an explanation of the government’s interest.
The public policy significance of a case may be discussed by the appropriate United States Attorney or Assistant Attorney General when doing so would further law enforcement goals.
 
1-7.510 Disclosure of Information Concerning Person’s Prior Criminal Record - updated April 2018
During an investigation or before trial, DOJ personnel generally may not provide to the media any information concerning a person’s prior criminal record. When a prior conviction is an element of the current charge, such as in the case of a felon in possession of a firearm, DOJ personnel may confirm the identity of the defendant and the general nature of the prior charge if such information is part of the public record in the case.
 
1-7.600 Release of Information in Criminal, Civil, and Administrative Matters— Non-Disclosure - updated April 2018
DOJ personnel shall not make any statement or disclose any information that reasonably could have a substantial likelihood of materially prejudicing an adjudicative proceeding.
 
1-7.610 Concerns of Prejudice - updated April 2018
Because the release of certain types of information could prejudice an adjudicative proceeding, DOJ personnel should refrain from disclosing the following, except as appropriate in the proceeding or in an announcement after a finding of guilt:
A. Observations about a defendant’s or party’s character;
B. Statements, admissions, confessions, or alibis attributable to a defendant or party, or the refusal or failure of the accused to make a statement;
C. Reference to investigative procedures, such as fingerprints, polygraph examinations, ballistic tests, or forensic services, including DNA testing, or to the refusal by the defendant to submit to such tests or examinations;
D. Statements concerning the identity, testimony, or credibility of prospective witnesses;
E. Statements concerning anticipated evidence or argument in the case; and
F. Any opinion as to the defendant’s guilt, or the possibility of a plea of guilty to the offense charged, or the possibility of a plea to a lesser offense.
DOJ personnel should not encourage or assist news media in photographing or televising a person held in custody. DOJ personnel should not voluntarily disclose a photograph of a defendant unless it serves a law enforcement function or unless the photograph is already part of the public record in the case.
 
1-7.700 Guidance for Media Contacts - updated April 2018
A. Press conferences should be held only for significant newsworthy actions, or if an important law enforcement purpose would be served. Before holding a press conference or making comments on a pending investigation regarding another DOJ component, the U.S. Attorney or Assistant Attorney General shall coordinate any comments, including written statements, with the affected component.
B. There are circumstances when media contact may be appropriate after indictment or other formal charge, but before conviction. In such cases, communications with the media should be limited to the information contained in publicly available material, such as an indictment or other public pleadings.
C. DOJ personnel must avoid making public statements that violate DOJ guidelines, regulations, or legal requirements, including those imposed by case law, applicable bar policies, and local court rules.
D. In juvenile proceedings, special rules apply and should be followed to ensure that the identity of a minor is not revealed. See JM 9-8.000, et al.
E. In cases where the IRS has provided information to DOJ, care should be taken to comply with applicable statutory disclosure provisions, including 26 USC 6103. When communicating with the media, DOJ personnel should attribute the immediate sourcing of information to the public record of the judicial proceeding. No information should be provided from IRS materials, even if those materials are located in DOJ files.
F. In clemency matters, DOJ acts both as prosecutor and as advisor to the President. Any communications concerning clemency should be approved by OPA and the Deputy Attorney General to ensure that there is no infringement upon the President’s prerogative in exercising his clemency powers.
 
1-7.710 Assisting the News Media - updated April 2018
A. DOJ personnel shall not prevent lawful efforts by the news media to record or report about a matter, unless by reason of a court order. DOJ personnel may enforce access restrictions that apply to all persons, such as a crime scene perimeter.
B. In order to promote the aims of law enforcement, including the deterrence of criminal conduct and the enhancement of public confidence, DOJ personnel, with the prior approval of the appropriate United States Attorney or Assistant Attorney General, may assist the news media in recording or reporting on a law enforcement activity. The United States Attorney or Assistant Attorney General shall consider, among other things, whether such assistance would:

  1. Unreasonably endanger any individual;

  2. Prejudice the rights of any person; or

  3. Be otherwise proscribed by law.

C. In cases where a search warrant or arrest warrant is to be executed, no advance information will be provided to the news media without the express approval of the appropriate United States Attorney or Assistant Attorney General. This requirement also applies to operations in preparation for the execution of a warrant.
 
1-7.800 Freedom of Information (FOIA) - updated April 2018
Nothing contained in this policy is intended to control access to DOJ records under the Freedom of Information Act (FOIA).
 
1-7.900 Office of the Inspector General - updated April 2018
A. Consistent with the independence of its operation under the Inspector General Act of 1978, OIG is exempt from the requirements of this chapter regarding media contacts and approvals. OIG should, however, timely inform the Attorney General, or the Deputy Attorney General upon delegation, about any significant media issues in matters handled by OIG.