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Witness Security Program Report Committee On If you have issues viewing or accessing this file contact us at NCJRS.gov. ---~------------------------------------ .. 97TH CoNGRESS } REPORT 181 Beasion SENATE { No. 97-300 WITNESS SECURITY PROGRAM .' REPORT OF THE COMMITTEE ON GOVERNMENTAL AFFAIR,S UNITED STATES SENATE - MADE BY ITS PERMANENT SUBCOMMITTEE ON INVESTIGATIONS ~gislative day, NOVEMBER 30), 1981.-0rdered to be printed U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1981 " 'fl.'" "" ~ ,I ! ,, CONTENTS Page I. Introduct.ion ________________________________________________ _ 1 II. Subcommittee staff investigation _______________________________ _ 3 COMMITTEE ON GOVERNMENTAL AFFAIRS Inaccurate or false promises _______________________________ _ 3 Security breaches are often marsha~s' fault- . ________________ _ 4 WILLIAM V. ROTH, JR., Delaware, Ohairman Incomplete or delayed documentatIOn ______________________ _ 5 CHARLE~ H. PERCY, Illinois THOMAS F. EAGLETON, Missouri Difficulties of finding employment ____________________ .______ _ 7 TED STEVENS, Alaska HENRY M. JACKSON, Washington No procedure for reso.lving complaints ______________________ _ 7 CHARLES Mce. MATHIAS, JR., Maryland I,AWTON CHILES, Florida All persons treated alIke __________________________________ _ 8 JOHN C. DANFORTH, Missouri SAM' NUNN, Georgia Effect on persons not r~lo~at~d----------------------------- 9 WILLIAM S. COHEN, Maine JOHN GLENN, Ohio National office control IS lImIted ___________________________ _ 10 DAVID DURENBERGER, Minnesota JIM SASSER, Tennessee Oversight by Justice Department __________________________ _ 11 MACK MATTINGLY, Georgia DAVID PRYOR, Arkansas Training is inadequate ____________________________________ _ 11 WARREN B. RUDMAN, New Hampshire CARL LEVIN, Michigan III. Testimony of protected witnesses ______________________________ _ 13 Gary Haak had been invo~ved with gangsters _______________ _ 13 JOAN M. MCENTEE, Stat! Director F. Harvey Bonadonna resIsted ~ob overtur~s---------------- 15 Calimano family objected to.beI~g tr~ated lIke mobsters ______ _ 16 Art Beltran required protectIOn m pnson ___________________ _ 18 PERMANENT SUBCOMMITTEE ON INVESTIGATIONS IV. Testimony of prosecutors, investigat~rts, marshals:---1;---e--s-a-b-Ie------ 23 Veteran prosecutor tl3rmed secun y program me .1Sp n _ - __ _ 23 WILLIAM V. ROTH, JR., Delaware, Ohairman Unique problems of prisoner-witnesses are ?escn?ed __________ _ 26 WARREN B. RUDMAN, New Hampshire, Vice Ohairman Prison time said to be tougher for cooperatmg wltnesses ______ _ 28 CHARLES H. PERCY, Illinois SAM NUNN, Georgia Profiles given of typical protected witnesses ___________._ -:_. _.__ _ 31 CHARLES McC. MATHIAS, JR.) Maryland HENRY M. JACKSON, Washington Sponsoring agencies reportedly ~an assume ~o~e responsIblhtles_ 34 JOHN C. DANFORTH, Missouri LAWTON CHILES, Florida Point of view of marshals workmg o';lt of ehstnct offices _______ _ 36 WILLIAM S. COHEN, Maine JOHN GLENN, Ohit> V Views from Social Security, B~reau?f Pnsons _________________ :- __ 39 . Social Security AdmimstratIOn confronts documentatIOn <> JIM SASSER, Tennessee problems ______________________________________________ _ 39 S. CASS WEILAND, Ohiel OounBeZ "Harder Time" aJJegation of witl!~sses is. confirmed __________ _ 40 MICHAEL C. EBERHARDT, Deputy Ohiel OounBel VI. Marshals service cited improvements.tIn secunty program _________ _ 43 (; MARTY STEINBERG, Ohiej OounBel to the Minoritll Recent changes in witness secun y program _________________ _ 43 KATHY BIDDEN, Ohiel Olerk Inspec~or positions in secur~ty program _____________________ _ 45 Documentation problems discussed _________________________ _ (ll) 46 Employment problems examined.________ : __________________ _ 47 Marshals Service record on phYSIcal secunty ________________ _ 47 Marshals provide social services and other help ______________ _ 48 U.S. Department of Justice Avenue of appeals _______________________________________ _ 4'9 National Institute of Justice Overtime and traveL _____________________________________ _ 4n Appointment of U.S. marshals ____ -: _____________. ______ . _____ _ 50 This document .has been reproduced exactly as received from the VII. Findings, conclusions and recommendatIOns for correctIve actIOn ___ _ 53 per~?n ~r organization originating it. Points of view or opinions stated Summary _______________________________________________ _ 53 In t IS ocumen~ ~re th~~e of the authors and do not necessaril Recommendations _______________________________________ _ 56 reprt~sentus Ice. the offICIal posIt/on or POliCies of the National Institute OYf J (ill) Permission to reproduce this material has be granted by c~d en Public Domain United States Senate to the National Criminal Justice Reference Service (NCJRS). ~urthefrhreprOdU~ti?n outside of the NCJRS system reqUires permis­ SIon 0 t e OO~) "gil~ owner. 97TH CONGRESS } SENATE REPORT 1st Session { No. 97'-300 ,VITNESS SECURITY PROGRAM DECEMBER 14 (legiJ31ative day, NOVEMBER 30), 1981.-0rdered to be printed Mr. ROTH, from the Committee on Governmental Affairs, submitted the following REPORT I. INTRODUCTION The Senate Permanent Subcommittee on Investigations held hear­ ings on the Witness Security Program on December 15, 16, and 17', 1980. The hearings were conducted under the authority granted the Senate Governmental Affairs Committee and its Permanent Sub­ committee on Investigations by rule XXV of the Standing Rules of the Senate and by Senate Resolution 361, agreed to on March 5, 1980. The Witness Security Program was created by the Organized Crime Act of 197'0. Administered by the Marshals Service with the assist­ ance of the Bureau of Prisons in the Department of Justice, the mis­ sion of the Witness Security Program is to protect Government wit­ nesses and their families when there is reason to believe that because of their testimony their lives are in danger. Most of the prosecutions that require thalG witnesses be protected involve organized crime. The Witness Security Program, known as WITSEC, provides Government witnesses and their familie·s with a variety of services, including temporary protection, relocation, establishing a new iden­ tity, providing documentation to support the new identity and limited financiflJ and employment assistance. At the time of the hearings, about 3,500 witnesses and about 8,000 of their dependents were participating in the security program. Senator Sam Nunn of Georgia, who was chairman of the subcom­ mittee at the time of the hearings, commented on the value of the Witnesses Security Program. He said: In general, the contributions of these [Government wit­ nessesJ to the war on organized crime cannot be overesti­ mated. We can all appreciate this fact when we consider the courage it takes for a victim or a member of organized crime to come forward and testify against the mob. Their lives, and often the lives of their families, instantly become potential targets for reprisals. (1) ~--- --.---------~ 2 . These people face tremendous fear and pressure. They hterally tear up their roots and move to new towns and cities, leaving their homes and most of their rel3\tives behind. Eyen though they live in a new place, they walk the streets wIth at?- eagle eye for fear tha:t som~one from the past might reco~l1ze them and compromIse theIr safety. They and their faIDllIes ~re under constant p.ressure not to say anything II. SUBCOMMITTEE STAFF INVESTIGATION about theIr past for fear of dIvulging their true identity. The staff of the Permanent Subcommittee on Investigations studied , When t?ey start out, anew ~nder another name, they have no the operations of ~he vVitness Security Pr?gram. T~e resul~ of ~he bIrth ce,rtificate, no drIver's lIcense, no s<?Cial s~urity number, staff inquiry were gIven to th~ subcommItte~ In the testImony of ASSIst­ no credIt ,cards, no passport, no automobIle regIstration-none ant Counsel Gregory BaldWIn and Investigator Raymond Worsham. of the th~ngs we all take for granted. They quickly become a ,t people WIthout a past. , 1 (pp.4-59) ,. , Baldwin, an attorney, worked for 5 years In the organlz~d cnme,and The Government bea:s a high responsibility in protecting racketeering section of the Justice Department. He was aSSIgned briefl.y these l?eople, and st~rtIn~ t~e~ off on a new life. Safely to the Washington, D.C. office and then to Rochester, N.Y. I-Ie also reloc,atlng wltnesse~ IS a Job In It,self. GettIng them on their worked 1 year in the district attorney's office in Philadelphia, where, feet In a n~w pla?e IS even more dIfficult, given the wrenching on leave from the Justice Department, he assisted in establishing a psyc~ologlCal a:dJustments that, must be made. The job must be grana. jury investigations unit and in creation of an electronic surveil­ done In an effiCIent and profeSSIOnal way. If not, the witnesses lance unit. As a Federal prosecutor, he sponsored the entry of 12 per­ are n~t the ~:mly ones who suffer. So does the fight against sons in the Witness Security Program. organIzed crIme, and so do we all. (p. 2) * Worsham was a veteran of 14 years in Federal drug enforcement. While endorsing, the Wi~ness Security Program and commending As a Federal drug agent, he sponsored the entry of four persons into the l\far~hals SerVICe for ItS management of the program, Senator the Witness Security Program. N unn pOInted out that m~ny complaints had been lodged. Baldwin and Worsham identified the principal problems that con­ Former q-overnment WItnesses who had relocated said that they had front the Witness Security Program. Their findings were based
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