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9-13.100 Out of Court
9-13.200 Communications with Represented Persons -- Generally
9-13.220 Communications During Investigative Stage
9-13.230 Overt Communications with Represented Persons
9-13.231 Overt Communications with Represented Persons -- Presence of Witness
9-13.232 Overt Communications with Represented Persons -- Restrictions
9-13.233 Overt Communications -- Assurances Not to Contact Client
9-13.240 Overt Communications with Represented Targets
9-13.241 Overt Communications with Represented Targets -- Permissible Circumstances
9-13.242 Overt Communications with Represented Targets -- Organizations and Employees
9-13.250 Overt Communications During Investigative Stage -- Office Approval Procedure
9-13.260 Enforcement of the Policies
9-13.300 Polygraphs -- Department Policy
9-13.400 News Media Subpoenas -- Subpoenas for News Media Telephone Toll Records -- Interrogation, Indictment, or Arrest of Members of the News Media
9-13.410 Guidelines for Issuing Grand Jury or Trial Subpoena to Attorneys for Information Relating to the Representation of Clients
9-13.420 Searches of Subject Attorneys' Offices
9-13.500 International Legal Assistance
9-13.510 Obtaining Evidence Abroad -- General Considerations
9-13.512 Intended Use of the Evidence
9-13.514 Time Required
9-13.516 Cost of Obtaining Evidence
9-13.520 Methods of Obtaining Evidence from Abroad
9-13.526 Forfeiture of Assets Located in Foreign Countries
9-13.530 Special Considerations -- Translations
9-13.534 Foreign Travel by Prosecutors
9-13.540 Assisting Foreign Prosecutors
9-13.600 Use of Hypnosis
9-13.800 Access to and Disclosure of Financial Records
9-13.900 Access to and Disclosure of Tax Returns in a Non-tax Criminal Case
|Editor's Note: The provisions of 28 C.F.R. Part 77 were extensively revised in 1999 because of 28 U.S.C. § 530B. USAM 9-13.200 through 9-13.260, which pre-dates 530B and the 1999 revisions to the C.F.R., is being reviewed.|
It is the Department's policy to protect freedom of the press, the news gathering function, and news media sources. Therefore, all attorneys contemplating the issuance of such subpoenas, the interrogation of a member of the new media, or the initiation of criminal proceedings against a member of the news media should be aware of the requirements of 28 C.F.R. § 50.10.
See also the Criminal Resource Manual at 263.
NOTE: For purposes of this policy only, "subject" includes an attorney who is a "suspect, subject or target," or an attorney who is related by blood or marriage to a suspect, or who is believed to be in possession of contraband or the fruits or instrumentalities of a crime. This policy also applies to searches of business organizations where such searches involve materials in the possession of individuals serving in the capacity of legal advisor to the organization. Search warrants for "documentary materials" held by an attorney who is a "disinterested third party" (that is, any attorney who is not a subject) are governed by 28 C.F.R. 59.4 and USAM 9-19.221 et seq. See also 42 U.S.C. Section 2000aa-11(a)(3).
NOTE: Prior approval must be obtained from the Assistant Attorney General for the Criminal Division to issue a subpoena to an attorney relating to the representation of a client. See USAM 9-13.410.
NOTE: Attorneys are encouraged to consult with the Criminal Division as early as possible regarding a possible search of an attorney's office. Telephone No. (202) 514-5541; Fax No. (202) 514-1468.
|October 1999||USAM Chapter 9-13|