The federal witness protection program was established as part of the Organized Crime Control Act (OCCA) of 1970. The primary purpose of this act was to eliminate organized crime by providing harsher penalties and offering alternate remedies in dealing with these crimes. The OCCA has thirteen parts broken down into Titles. Title V authorizes the Attorney General to create a witness protection program for cooperating federal and state witnesses, along with their families.
How Does the Program Work?
The Federal Witness Protection Program, also known as the Witness Security Program (WITSEC) allows witness and their families to obtain new identities. The U.S. Marshals Service provides 24-hour protection to all witnesses while they wait to testify against the defendant. This protection is given to witnesses whose testimony is crucial in obtaining a conviction in certain criminal cases in which their life or the life of their family members may be at risk. Three different organizations manage WITSEC, which include:
- The U.S. Department of Justice—The Office of Enforcement Operations (OEO) authorizes which witnesses will be admitted into the program. Typically, these are witnesses who will be testifying against drug traffickers, members of organized crime, terrorists and other major types of criminals.
- The United States Marshals Service—They provide new housing, identities and assist the family in obtaining new employment while giving them money for basic living expenses and medical care.
- The Federal Bureau of Prisons (BOP)—This agency maintains custody of all incarcerated witnesses.
The U.S. Marshals Service explains the program to the family and makes sure that they understand what will be expected of them during this time. They are not allowed to make contact with any former friends, family members or former colleagues. The riskiest part of the process comes when the witness returns to give testimony against the defendant.
Who Qualifies for WITSEC?
The U.S. Attorney General’s office has the final say on who qualifies for the program. Specific cases where witnesses may be allowed entry into the program include:
- Any offense defined in Title 18 of the U.S. Code covering organized crime and racketeering
- Any drug trafficking offense outlined in Title 21 of the U.S. Code
- Cases involving federal felony offenses where the witness provides testimony that may subject them to retaliation by physical violence
- Certain civil proceedings where testimony provided by a witness jeopardizes their safety
The process begins whenever a state or federal law enforcement agency submits a request for protection. This application summarizes the type of testimony that will be provided and the level of threat to the witness and their family. They also assess the level of risk that the witness may pose to a new community upon relocation. The Attorney General will also examine other factors such as, alternatives to witness protection and testimony from other potential witnesses.
Obtaining Legal Advice Before Changing Your Life
The government offers individuals the opportunity to start a new life if they agree to testify against major criminals. In exchange for this testimony, their past crimes may be forgiven. While this may appear to be a tempting offer, being cut off from family and friends may be difficult. Many people are unwilling to start over in a new career after spending years establishing themselves in a chosen profession. If you are facing prosecution and have been offered admission into WITSEC, you should obtain legal advice from a criminal defense attorney before making any life-altering decisions.
