1-10.000
LITIGATION AGAINST
STATE
GOVERNMENTS AND RELATIONSHIPS
WITH CLIENT AGENCIES
1-10.100 Litigation Against State
Governments, Agencies or Entities
1-10.200 Relationships With
Client Agencies
1-10.210 Notification to Special
Agent in Charge Concerning Illegal or Improper Actions by DEA or
Treasury Agents
1-10.220 Case Processing by
Teletype with Social Security Administration
1-10.230 Procedure for Obtaining
Disclosure of Social Security Administration Information in
Criminal Proceedings
In order to enhance productive communications with state
governments and to avoid inter-governmental litigation whenever
possible, the Attorney General has advised the Assistant Attorneys
General for the Antitrust, Civil, Civil Rights, Criminal,
Environment and Natural Resources, and Tax Divisions that it shall
be Department of Justice policy to give timely notifications to the
Governor and Attorney General of a state prior to the filing of a
suit or claim against a state government, agency or entity. United
States Attorneys should observe the same policy for cases delegated
to them by those divisions.
The foremost goal in applying this policy to individual
cases shall be to provide fair warning to state Governors and
Attorneys General and thus to afford these leaders the opportunity
both to resolve matters prior to litigation and to prepare for
inquiries from local officials and the news media if an action is
commenced.
Specifically, each United States Attorney or the Assistant
Attorney General in charge of such litigation shall:
- Prior to the filing of each action or claim against a state
government, agency or entity;
- Advise the Governor and the Attorney General of the affected
state of the nature of the contemplated action or claim and terms
of the remedy sought; and
- Notify the Deputy Attorney General and, if appropriate, the
Associate Attorney General of compliance with subsection (a).
- Ensure that such prior notice is given sufficiently in advance
of the filing of the suit or claim to:
- Permit the state government, agency or entity to bring to the
Department's attention facts or issues relevant to whether the
action or claim should be filed; or
- Result in settlement of the action or claim in advance of its
filing on terms acceptable to the United States.
- Ensure that each attorney in his/her respective office or
division reads, becomes familiar with, and complies with, this
directive.
Exceptions to the notice requirements of this section are
appropriate only when the United States Attorney or Assistant
Attorney General determines that good cause for such an exception
exists and notifies the Deputy Attorney General and, if
appropriate, the Associate Attorney General of that determination.
Sections 1-10.210 through 1-10.230 discuss relationships
with client agencies.
The Department of the Treasury and the Drug Enforcement
Administration have requested that their appropriate Special Agent
in Charge (or the equivalent) be notified by the United States
Attorney's Office whenever the actions of one of their agents
result in the granting of a motion for suppression of evidence, or
are otherwise deemed illegal or improper in a judicial opinion.
You should feel free to similarly notify Special Agents in Charge
of other investigative agencies and/or the Criminal Division in
appropriate situations.
Of course, all allegations of misconduct by Department
employees should be brought to the attention of the Office of
Professional Responsibility following the guidance set forth in 28
C.F.R. Sec. 0.39 et seq.
There is a teletype receiver at the Social Security
Administration's Office of Hearings and Appeals in Arlington,
Virginia, which facilitates the processing of Social Security
cases. Please include the routing signal address for the Office of
Hearings and Appeals and the Office of General Counsel in
Baltimore. The routing signal for both addresses is SSAGC. Each
teletype on Social Security litigation (Social Security retirement,
survivors and disability benefits; supplemental security income and
medicare benefits, will include:
- Case name;
- Plaintiff's Social Security number;
- District court where case was filed;
- Date the complaint was filed;
- Date the United States Attorney was served;
- Name and FTS telephone number of the AUSA handling the case;
- Date petition in forma pauperis was filed if applicable; if not
applicable, N/A.
The essential transmittal must be sent within 3 days upon
receipt of notification of suit to insure a timely answer.
The teletype receives only. It cannot transmit messages.
The proper routing signal will be "RR AA SSAGC."
Any questions may be directed to the Office of General
Counsel in Baltimore, FTS 934-7543.
On February 12, 1975, an understanding was reached between
the Department of Justice and the Social Security Administration
(SSA) regarding the release of information from records of the SSA
where such information is required to afford a defendant a fair
trial in a criminal case pursuant to Brady v. Maryland, 373
U.S. 83 (1963).
- Whenever the defendant in a criminal proceeding moves on trial
for disclosure of information from social security records about
someone else, the Department of Justice will attempt to resist such
disclosure arguing that such personal information in social
security records is confidential by law. In no event will the
Department of Justice request such personal information for
prosecutive purposes.
- Where the defendant in a criminal case moves in court that
information about, or the appearance of, the holder of a given
social security number is necessary to his/her defense, and the
court seems inclined to grant the motion, the Department of Justice
will attempt to satisfy the court by offering to provide
identifying data about the social security number holder such as
sex, date of birth and race, without divulging his/her name or
whereabouts. In such a case a designated official of the
Department of Justice will contact a designated official of the
Office of the General Counsel, Health and Human Services (HHS) to
arrange for the disclosure of such information. The information
will be furnished by SSA as expeditiously as possible.
- If the court considers such information insufficient and
orders the appearance of the social security number holder on
grounds of due process, a designated official of the Department of
Justice will contact a designated official of the Office of the
General Counsel, HHS. If the Department of Justice assures SSA
that it will not use the appearance of the number holder or any
information derived from his/her appearance, or any information
otherwise received from the Social Security Administration,
directly or as a lead in any prosecution of the number holder, the
Commissioner of Social Security will, under his "ad hoc" authority
in Section 401.1 of Regulation 1 (20 C.F.R. Sec. 401.1) provide the
Department of Justice expeditiously with the information.
- If in a specific case the Department of Justice is unable to
provide assurance that it will not use the information or
appearance of the social security number holder for prosecution
purposes, the Commissioner will nevertheless review the specific
order under his/her "ad hoc" authority, considering all
circumstances in that case, provide an expeditious reply -pro or
con- to the Department of Justice, and if necessary, discuss the
matter further with the Department of Justice.
- The proscription against the Department of Justice requests
for such information for purposes of prosecution does not apply in
the case of violations of the Social Security Act or fraud against
the Social Security Administration, as disclosure in these cases is
provided for in 42 U.S.C. Sec. 1306, 20 C.F.R. Sec. 401 et seq.
| September 1997
| USAM Chapter 1-10
|
