FOR OFFICIAL USE ONLY
1 FEDERAL BUREAU OF INVESTIGATION
Fontana
MEMORANDUM OF UNDERSTANDING
PARTIES
1. This Memorandum of Understanding (MOU) is entered into by and between the Federal these agencies.
AUTHORITIES
2. Authority for the FBI to enter into this agreement can be found at Title 28, United States Code (U.S.C.), Section (§) 533; 42 U.S.C. § 3771; Title 28, Code of Federal Regulations (C.F.R.), § 0.85; and applicable United States Attorney General's Guidelines.
PURPOSE
3. The purpose of this MOU is to delineate the responsibilities of the Inland Regional Child Exploitation Task Force (CETF) personnel; formalize relationships between participating agencies for policy guidance, planning, training, public and media relations; and maximize inter-agency cooperation. This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, the United States, or the officers, employees, agents, or other associated personnel thereof.
MISSION
4. The mission of the Child Exploitation Task Force (CETF) is to provide a rapid, proactive, and intelligence-driven investigative response to the sexual victimization of children and other crimes against children within the FBl's jurisdiction; to identify and rescue child victims; to reduce the vulnerability of children to sexual exploitation and abuse; to reduce the negative impact of domestic and international parental rights disputes; and to strengthen the capabilities of the FBI and federal, state, local, and international law enforcement through training, intelligence-sharing, technical support, and investigative assistance.
5. The defined priority threats that are aligned with the mission of the CETFs are:
a. Child Abductions
• Non-ransom child abductions
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agenc leither it nor its contents may be released without authorization by FBI Headquarters
FOR OFFICIAL USE ONLY
• Domestic parental kidnapping
b. Sexual Exploitation of Children Enterprises
• Domestic Child Sex Trafficking
• Online Networks and Enterprises
• Domestic travel with intent to engage in illegal sexual activity with a minor • Child Sex Tourism - travel abroad to engage in commercial sexual exploitation of a child under the age of 18.
• Production of Child Pornography
• Coercion/enticement of a minor
d. Trafficking of Child Pornography
• Mass Distribution of Child Pornography
• Possession of Child Pornography
e. International Parental Kidnapping
f. Other Crimes Against Children
• All other crimes against children violations within the FBl's jurisdiction should be investigated in accordance with available resources.
SUPERVISION AND CONTROL
A. Supervision
6. Overall management of the CETF shall be the shared responsibility of the FBI and participating agency heads and/or their designees.
7. The Special Agent in Charge (SAC) of the FBI Los Angeles Division shall designate one Supervisory Special Agent (CETF Supervisor) to supervise the CETF.
The CETF Supervisor may designate a Special Agent to serve as the CETF Coordinator.
Either the CETF Supervisor or the CETF Coordinator shall oversee day-to-day operational and investigative matters pertaining to the CETF.
8. Conduct undertaken outside the scope of an individual's CETF duties and assignments under this MOU shall not fall within the oversight responsibility of the CETF Supervisor or CETF Coordinator. As stated in paragraph 77, below, neither the United States nor the FBI shall be responsible for such conduct.
9. CETF personnel will report to his or her respective agency for personnel and administrative matters. Each participating agency shall be responsible for the pay, overtime, leave, performance appraisals, and other personnel matters relating to its employees detailed to the CETF. The FBI and the participating agency may provide for overtime reimbursement by the FBI by separate written agreement.
10. All FBI personnel will adhere to the FBl's ethical standards, including Department of Justice (DOJ)/FBI regulations relating to outside employment and prepublication review FOR OFFICIAL Use ONLY
his document is the property of the FBI and is loaned to your agenc either it nor its contents may be released without authorization by FBi Headauarter
FOR OFFICIAL USE ONLY
3 matters, and will remain subject to the Supplemental Standards of Ethical conduct for employees of the DOJ
11. All CETF personnel, which includes Task Force Officers, Task Force Members, and Task Force Participants, must adhere to the applicable U.S. Attorney General's Guidelines and Domestic Operations Investigative Guidelines (DIOG).
12. CETF personnel will continue to report to their respective agency heads for non- investigative administrative matters not detailed in this MOU.
13. Continued assignment of personnel to the CETF will be based on performance and at the discretion of appropriate management. The FBI SAC and CETF Supervisor will also retain discretion to remove any individual from the CETF.
B. Case Assignments
14. The FBI CETF Supervisor will be responsible for opening, monitoring, directing, and closing CETF investigations in accordance with existing FBI policy and the applicable U.S. Attorney General's Guidelines.
15. Assignments of cases to personnel will be based on, but not limited to, experience, training, and performance, in addition to the discretion of the CETF Supervisor.
16. For FBI administrative purposes, CETF cases will be entered into the relevant FBI computer system.
17. CETF personnel will have equal responsibility for each case assigned. CETF personnel will be responsible for complete investigation from predication to resolution.
C. Resource Control
18. The head of each participating agency shall determine the resources to be dedicated by that agency to the CETE, including personnel, as well as the continued dedication of those resources. The participating agency head or designee shall be kept apprised of investigative developments by his or her subordinates.
OPERATIONS
A. Investigative Exclusivity
19. It is agreed that matters designated to be handled by the CETF will not knowingly be suiet to nonest gency to make proper in terma notication regating the CET 1 is existence and areas of concern.
FOR OFFICIAL USE ONLY
either it hordes contenis may be released without authorization by FBi Headuarters
FOR OFFICIAL USE ONLY
4 20. It is agreed that there is to be no unilateral action taken on the part of the FBI or any participating agency relating to CETF investigations or areas of concern as described in paragraph 3. All law enforcement actions will be coordinated and cooperatively carried out.
21. CETF investigative leads outside of the geographic areas of responsibility for the FBI Los Angeles will be communicated to other FBI offices for appropriate investigation.
B. Confidential Human Sources
22. The disclosure of FBI informants, or Confidential Human Sources (CHSs), to non-CETF personnel will be limited to those situations where it is essential to the effective performance of the CETF. These disclosures will be consistent with applicable FBI guidelines.
23. Non-FBI CET personnel may not make any further disclosure of the identity of an FBI CHS, including to other individuals assigned to the CETF. No documents which identify, tend to identify, or may indirectly identify an FBI CHS may be released without prior FBi approval.
24. In those instances where a participating agency provides a CHS, the FBI may become solely responsible for the CHS's continued development, operation, and compliance with necessary administrative procedures regarding operation and payment as set forth by the FBI.
25. The U.S. Attorney General's Guidelines and FBI policy and procedure for operating FBI CHSs shall apply to all FBI CHSs opened and operated in furtherance of CETF investigations. Documentation of, and any payments made to, FBI CHSs shall be in accordance with FBI policy and procedure.
26. Operation, documentation, and payment of any CHS opened and operated in furtherance of an CET investigation must be in accordance with the U.S. Attorney General's Guidelines, regardless of whether the handling agency is an FBI CETF participating agency. Documentation of state, county, or local CHSs opened and operated in furtherance of CETF investigations shall be maintained at an agreed upon location.
C. Reports and Records
27. All investigative reporting will be prepared in compliance with existing FBI policy. Subject to pertinent legal and/or policy restrictions, copies of pertinent documents created by CETF personnel will be made available for inclusion in the respective investiative agencies' files as appropriate.
FOR OFFICIAL USE ONLY
5 28. CETF reports prepared in cases assigned to CETF personnel will be maintained at an FBI approved location; original documents will be maintained by the FBI.
29. Records and reports generated in CET cases which are opened and assigned by the CETF Supervisor with designated oversight for investigative and personnel matters will be maintained in the FBI investigative file for CETF.
30. CETF investigative records maintained at the Los Angeles Field Office of the FBI will be available to all CETF personnel, as well as their supervisory and command staff subject to pertinent legal, administrative and/or policy restrictions.
31. All evidence and original tape recordings (audio and video) acquired by the FBI during the course of the CETF investigations will be maintained by the FBI. The FBl's rules and policies governing the submission, retrieval, and chain of custody will be adhered to by CETF personnel.
32. All CETF investigative records will be maintained at an approved FBI location.
Placement of all or part of said information into participating agency files rests with the discretion of supervisory personnel of the concerned agencies, subject to CETF Supervisor approval.
33. Classified information and/or documents containing information that identifies or tends to identify an FBI CHS shall not be placed in the files of participating agencies unless appropriate FBI policy has been satisfied.
34. The Parties acknowledge that this MOU may provide CETF personnel with access to information about U.S. persons which is protected by the Privacy Act of 1974 and/or Executive Order 12333. The Parties expressly agree that all such information will be handled lawfully pursuant to the provisions thereof. The Parties further agree that if this access to information by CETF personnel requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted.
INFORMATION SHARING
35. No information possessed by the FBI, to include information derived from informal communications between CETF personnel and FBI employees not assigned to the CETF, may be disseminated by CETF personnel to non-CETF personnel without the approval of the CETF Supervisor and in accordance with the applicable laws and internal regulations, procedures or agreements between the FBI and the participating agencies that would permit the participating agencies to receive that information directly. Likewise, CETF personnel will not provide any participating agency information to the FBI that is not otherwise available to it unless authorized by appropriate participating agency officials.
36. Each Party that discloses PIl is responsible for making reasonable efforts to ensure that the information disclosed is accurate, complete, timely, and relevant.
FOR OFFICIAL USE ONLY
his document is the property of the FBI and is loaned to your agency leither it nor its contents mav be released without authorization bv FBI Headquarters
FOR OFFICIAL USE ONLY
6 37. The FBI is providing access to information from its records with the understanding that in the event the recipient becomes aware of any inaccuracies in the data, the recipient will promptly notify the FBI so that corrective action can be taken. Similarly, if the FBI becomes aware that information it has received pursuant to this MOU is inaccurate, it will notify the contributing Party so that corrective action can be taken.
38. Each Party is responsible for ensuring that information it discloses was not knowingly obtained or maintained in violation of any law or policy applicable to the disclosing Party, and that information is only made available to the receiving Party as may be permitted by laws, regulations, policies, or procedures applicable to the disclosing Party.
39. Each Party will immediately report to the other Party each instance in which data received from the other Party is used, disclosed, or accessed in an unauthorized manner (including any data losses or breaches).
40. The Parties agree that either or both may audit the handling and maintenance of data in electronic and paper recordkeeping systems to ensure that appropriate security and privacy protections are in place.
PROSECUTIONS
41. CETF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution.
42. A determination will be made on a case-by-case basis whether the prosecution of CETF cases will be at the state or federal level. This determination will be based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the CETF.
43. In the event that a state or local matter is developed that is outside the jurisdiction of the FBI or it is decided to prosecute a CETF case at the state or local level, the FBI agrees to provide all relevant information to state and local authorities in accordance with all applicable legal limitations.
A. Investigative Methods/Evidence
44. For cases assigned to an FBI Special Agent or in which FBI CHSs are utilized, the Parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. However, in situations where the investigation will be prosecuted in the State Court where statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by FBI case agents shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution.
FOR OFFICIAL USE ONLY
Neither Thor dos come is thay be released without authorization by FBi feadquarters.
FOR OFFICIAL USE ONLY
7 45. In all cases assigned to state, county, or local law enforcement participants, the Parties agree to utilize federal standards pertaining to evidence handling and electronic surveillance activities as outlined in the DIOG to the greatest extent possible. However, in situations where the statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by state and local law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution.
46. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policies and procedures of the FBI.
B. Undercover Operations
47. All CETF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the U.S. Attorney General's Guidelines on FBI Undercover Operations. All participating agencies may be requested to enter into an additional agreement if an employee of the participating agency is assigned duties which require the officer to act in an undercover capacity.
USE OF LESS-THAN-LETHAL-DEVICES
48. The parent agency of each individual assigned to the CETF will ensure that while the individual is participating in FBI-led task force operations in the capacity of a task force officer, task force member, or task force participant, the individual will carry only less- lethal devices that the parent agency has issued to the individual, and that the individual has been trained in accordance with the agency's policies and procedures.
49. The parent agency of each individual assigned to the CETF will ensure that the agency's policies and procedures for use of any less-lethal device that will be carried by the task force officer, task force member, or task force participant are consistent with the DOJ policy statement on the Use of Less-Than-Lethal Devices.? Pursuant to Section VIlI of the DOJ Less-Than-Lethal Devices Policy dated May 16,2011, all state/local officers participating in joint task force operations must be made aware of and adhere to the policy and its limits on DOJ officers.
Less-lethal - When use of force is required, but deadly force may not be appropriate, law enforcement officers may employ less-lethal weapons to gain control of a subject. Less-lethal weapons are designed to induce a subject to submit or comply with directions. These weapons give law enforcement officers the ability to protect the safety of officers, subjects, and the public by temporarily incapacitating subjects. While less-lethal weapons are intended to avoid causing any serious harm or injury to a subject, significant injuries and death can occur from their use.
The term "less-than-lethal" is synonymous with "less-lethal", "non-lethal", "non-deadly", ano other terms referring to devices used in situations covered by the DOJ Policy on the Use of Less-Than- FOR OFFICIAL UsE ONLY
his document is the property of the FBI and is loaned to your agency Veither it nor its contents mav be released without authorization by FBI Headquarters.
FOR OFFICIAL USE ONLY
8 DEADLY FORCE AND SHOOTING INCIDENT POLICIES
50. CETF personnel will follow their own agencies' policies concerning firearms discharge and use of deadly force.
DEPUTATIONS
51. Local and state law enforcement personnel designated to the CETF, subject to a limited investigator's assignment to the CETF or until the termination of the CETF, whichever comes first.
52. Deputized CETF personnel will be subject to the rules and regulations pertaining to such deputation. Administrative and personnel policies imposed by the participating agencies will not be voided by deputation of their respective personnel.
VEHICLES
53. In furtherance of this MOU, employees of participating agencies may be permitted to drive FBI owned or leased vehicles for official CETF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Government Vehicle Policy Directive (0430D) and the Government Vehicle Policy Implementation Guide (0430PG). The assignment of an FBI owned or leased vehicle to participating agency CET personnel will require the execution of a separate Vehicle Use Agreement.
54. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to CETF business.
55. The FBI and the United States will not be responsible for any tortious act or omission on the part of each participating agency and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by participating agency CETF personnel, except where liability may fall under the provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability Section herein below.
56. The FBI and the United States shall not be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by participating agency CETF personnel while engaged in any conduct other than their official duties and assignments under this MOU.
Lethal Devices. "Less-lethal" is the industry standard and the terminology the FBI has elected to utilize in reference to this policy.
For OffIcIAL UsE ONLY
his document is the property of the FBI and is loaned to your agenc either it nor its contents may be released without authorization by FBI Headquarte
FOR OFFICIAL USE ONLY
57. To the extent permitted by applicable law, the participating agencies agree to hold harmless the FBI and the United States, for any claim for property damage or personal injury arising from any use of an FBI owned or leased vehicle by participating agency CETF personnel which is outside the scope of their official duties and assignments under this MOU.
SALARY/OVERTIME COMPENSATION
58. The FBI and each participating agency remain responsible for all personnel costs for their CETF representatives, including salaries, overtime payments, and fringe benefits onsistent with their respective agency, except as described in paragraph 59 below.
59. Subject to funding availability and legislative authorization, the FBI will reimburse to participating agencies the cost of overtime worked by non-federal CET personnel assigned full-time to CETF, provided overtime expenses were incurred as a result of CETF-related duties, and subject to the provisions and limitations set forth in a separate Cost Reimbursement Agreement to be executed in conjunction with this MOU. A separate Cost Reimbursement Agreement must be executed between the FBI and participating agencies for full-time employee(s) assigned to CETF, consistent with regulations and policy, prior to any reimbursement by the FBI. Otherwise, overtime shall be compensated in accordance with applicable participating agency overtime provisions and shall be subject to the prior approval of appropriate personnel.
PROPERTY AND EQUIPMENT
60. Property utilized by the CETF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the CETF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by CETF in connection with authorized investigations and/or operations and is in the custody and control and used at the direction of CETF, will be the financial responsibility of the agency supplying said property.
FUNDING
61. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the Parties hereto of the tasks and methods for performing the tasks described herein. Unless otherwise agreed in writing, each Party shall bear its own costs in relation to this MOU. Expenditures by each Party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The Parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures.
FOR OFFICIAL USE ONLY
his document is the property of the FBI and is loaned to your agenc! either it nor its contents may be released without authorization by FBI Headquarter:
FOR OFFICIAL USE ONLY
10 FORFEITURES
62. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with CETF operations.
63. Asset forfeitures will be conducted in accordance with federal law and the rules and regulations set forth by the FBI and DOJ. Forfeitures attributable to CET investigations may be equitably shared with the agencies participating in the CETF.
DISPUTE RESOLUTION
64. In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the CET's objectives.
65. The participating agencies agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the field level first before referring the matter to supervisory personnel for resolution.
MEDIA RELEASES
66. All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines.
67. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued without FBI final approval.
SELECTION TO CETF AND SECURITY CLEARANCES
68. If a participating agency candidate for the CETF will require a security clearance, he or she will be contacted by FBI security personnel to begin the background investigation process prior to the assigned start date.
69. If, for any reason, the FBI determines that a participating agency candidate is not qualified or eligible to serve on the CETF, the participating agency will be so advised and a request will be made for another candidate.
70. Upon being selected, each candidate will receive a comprehensive briefing on FBI field office security policies and procedures. During the briefing, each candidate will execute non-disclosure agreements (SF-312 and FD-868), as may be necessary or required by the FBI.
71. Before receiving unescorted access to FBI space identified as an open storage facility, CETF personnel will be required to obtain and maintain a "Top Secret" security
FOR OFFICIAL USE ONLY
Neither it hordes contents may be released without authorization by FBi Headquarters.
FOR OFFICIAL USE ONLY
11 clearance. CETF personnel will not be allowed unescorted access to FBI space unless they have received a Top Secret security clearance.
72. Upon departure from the CETF, each individual whose assignment to the CETF is completed will be given a security debriefing and reminded of the provisions contained in the non-disclosure agreement to which he or she previously agreed.
LIABILITY
73. The Parties acknowledge that this MOU does not alter the applicable law governing civil liability, if any, arising from the conduct of personnel assigned to the CETF.
74. Each participating agency shall immediately notify the FBI of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information of which the agency receives notice, concerning or arising from the conduct of personnel assigned to the CETF or otherwise relating to the CETF. Each participating agency acknowledges that financial and civil liability, if any and in accordance with applicable law, for the acts and omissions of each employee detailed to the CETF remains vested with his or her employing agency. In the event that a civil claim or complaint is brought against a state or local officer assigned to the CETF, the officer may request legal representation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below.
75. For the limited purpose of defending against a civil claim arising from alleged negligent or wrongtul conduct under common law under the FTCA, 28 U.S.C. § 1346(b) and §§ 2671- 2680: an individual assigned to the CETF who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request to be certified by the U.S. Attorney General or his designee as having acted within the scope of federal employment at the time of the incident giving rise to the suit. 28 U.S.C. § 2679(d)(2). Upon such certification, the individual will be considered an "employee" of the United States government for the limited purpose of defending the civil claim under the FTCA, and the claim will proceed against the United States as sole defendant. 28 U.S.C. § 2679(d)(2).
Once an individual is certified as an employee of the United States for purposes of the FTCA, the United States is substituted for the employee as the sole defendant with -TCA are made on a case-by-case basis
certification to any CETF personnel.
76. For the limited purpose of defending against a civil claim arising from an alleged violation of the U.S. Constitution pursuant to 42 U.S.C. § 1983 or Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971): an individual assigned to the CETF who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request individual-capacity representation by DOJ to defend against the claims. 28 Neither or as on may rased hoi unrato y Read arters.
FOR OFFICIAL USE ONLY
12 C.F.R. §§ 50.15, 50.16. Any such request for individual-capacity representation must be made in the form of a letter from the individual defendant to the U.S. Attorney General.
The letter should be provided to Chief Division Counsel for the FBI Los Angeles Division, who will then coordinate the request with the FBI Office of the General Counsel.
In the event of an adverse judgment against the individual, he or she may request indemnification from DOJ. 28 C.F.R. § 50.15(c)(4). Requests for DOJ representation and indemnification are determined by DOJ on a case-by-case basis. The FBI cannot guarantee the United States will provide legal representation or indemnification to any CETF personnel.
77. Liability for any conduct by CETF personnel undertaken outside of the scope of their assigned duties and responsibilities under this MOU shall not be the responsibility of the FBI or the United States and shall be the sole responsibility of the respective employee and/or agency involved.
DURATION
78. The term of this MOU is for the duration of the CET's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved.
79. Any participating agency may withdraw from the CETF at any time by written notification to the CETF Supervisor with designated oversight for investigative and personnel matters or program manager of the CETF at least 30 days prior to withdrawal.
80. Upon termination of this MOU, all equipment provided to the CETF will be returned to the upplying agency/agencies. In addition, when an entity withdraws from the MOU, th entity will return equipment to the supplying agency/agencies. Similarly, remainin agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any CETF participation.
FOR OFFICIAL USE ONLY
Neither it odo colenis may be rely a d without authorization by FBi Headquarters.
FOR OFFICIAL USE ONLY
13 MODIFICATIONS
81. This agreement may be modified at any time by written consent of all involved agencies.
Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency.
SIGNATORIES
Special Agent in Charge Date
Federal Bureau of Investigation
Chief/Sheriff Date
Fontana Police Department
FOR OFFICIAL USE ONLY