AGENCY PROCEDURES IN CONNECTION WITH PROSECUTION IN CRIMINAL CASES WHERE OPERATIONAL SECURITY IS INVOLVED

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01495R000400050049-3
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 4
• Document Creation Date: December 20, 2016
• Document Release Date: October 19, 2006
• Sequence Number: 49
• Publication Date: June 10, 1964
• Content Type: MF

Approved For Release 2006/11/06: CIA-RDP80BO1495R000400050049-3
SECRET
OGC 64-1784
10 JUN 1964
MEMORANDUM FOR: Deputy Director of C.ntrsl l*t*1ltgence
SUBJECT:
Agency Procedures in Connection with
--
Prosecution in Crtmtnsl Cases W
Operattonal Security is Involved
1, This memorandum contains a recommendation in
ph 4 for approval by the Deputy Director of Centrol
ceo
decisions concerning prosecution in criminal cases
Execu:ie
peector oral recently proposed that Agency
hih have oerational security implications be formalized in
c p
w
writing. He suggested also the de st rabUtty of not reducing the
matter of regulation. We agree with these sug-
to
a
p ac urees
ge;sttesr. The prose rees suggested herein, howe"ro are concerned
only with Agency decisions with respect to prosecution (and other
dtactpltnary actions). The Executive Direector?COmptrv1lor and the
DDCI need to be informed promptly on any occasion when there its
indication that a crime may have been committed by an Agency employee
or agent. The responsibitty of Deputy Directors to so inform the
Executive Director-Cornptreller and the DDCt continues.
3. Thar following proc
dures are PIOPO*Gd:
component has information indicating
that an Agency employee or agent may have committed a
crime Bch involves Goverumant money or property or
the comp ent will report promptly to the Inspector General
and the General Counsel.
b. The Inspector General will then conduct an
investigation.
C, The Inspector General will report the results
of bis investigation to the Deputy Director of Central Intellt-
goncee, the General Counsel, and the Deputy Director of the
ti,~CF~I~~:D
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component having cone and responsibility for the, employee
or agent.
d. The General Counsel will determine whether there
asonable basis to believe that a crime has been committed.
e. If the General Counsel determine* there is no
reasonable basis to believe that crime has been committed,
he will so advise the Deputy Director of Central Intelligence.
the Inspector General, and the appropriate Deputy Director.
Insofar as criminal prosecution is concerned, the case will
~nsidered closed.
f. If the General Counsel determine& there is basis
crime has been committed, he will discuss
security aspects with the appropriate Deputy
cd the inspector General. If there is agreement
rational security aspects preclude prosecution
appropriate Deputy Director will so inform the Deputy
Director of Central Intelligence with a commendation. that
the case not be referred to the Department of Justice for
prosecution.
g. If the three officials fall to agree or
hat possible prosecution should be further explored,
al Counsel will discuss the case in general terms
with the Department of Justice in order to determine whet!
a prepared to prosecute and, in the event the Justice
try is in the affirmative, the nature and extent of the
evidence which will be required for prosecution. The s-
cussioo will not reveal the identity of the individual nor the
location of the incident.
K. If the Department of Justice belle
-basis for prosecution, the General Counsel will so advise the
Deputy Director of Central intelligence,. the Inspector General
and the appropriate Deputy Director. Insofar as criminal
prosecution is concerned, the case will then be considered
closed.
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ULU I1*
t. If the Justice attitude is in the affirmative, the
morel Counsel will advise the appropriate Deputy Director
of the Nature and extent of the evidence regutred. The
appropriate Deputy Director will initiate * memorandum to
the Deputy Director of Central Intelligence in which he will
"commend in favor of or against referring the case to the
Deparbnent of Justice for prosecution. In those instances
in which he recommendo against referral, he state the
rearms for his recommendation in sufficient detail to permit
review and decision by the Deputy Director of mistral tlntte:lli-
gee. such memorand shall be forwarded to the Deputy
Director of Central Intelligence through the General Counsel
ae the Inspector General for their concurrence or non
concurrence.
I. When the incident involves. dither directly or
Di rectly, a covTonent other than the component of the
# dual, the memorandum required in subparagraph i.
stall be forwarded the the other iatore d
neat for concurre nce or noncbncurrence as well as
through the General Counsel and the Inspector General.
k. The decision to refer or not to refer the case to
Department of Justice for prosecution will be made by
the Deputy Director of Central Intelligence.
1. In any case which to not referred for prosecution,
**or adnAnistrative or disciplinary action* may be recommended
to the Deputy rector of Central Intellismuce.
M. cases arising within the ice o
of G ral Intelligence, the responsibilities of the
Directors specified above will be discharged by the Executive
,rec r-Coznptro r.
4. Your approval of the foregoing procedures is recommended.
L41. ~h~~rma~iL
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ce Sheet for General Counsel Memo random to the Deputy
,th Prosecutian in Criminal Cases Where
-f Central Intelligence. Subject: Agency Procedures in
`
d, dated 1 0J UN 19 64__ _.:_.._?
CONCURRENCES:
Is! a
Opector Gene
S r-
. rma~
2.6
j j'~ 196,
2 JU'- iQE4
Deputy IX"ctdf* or Support
Signed:l Tohn X. Blake;
Deputy -- I :rector for Sct -c & ecbology
.end,ation Ca tatned in
Paragraph 4 is Approved.
8 JUL 1~4
JL
Deputy Director of Central Inte:t igence ate:
l stributt+ :
0 -t
I ? DDCI
I - DDIP
IDDII
DDIS I /_/
1 DDS&T
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