A witness, having entered the Witness Security Program (Program), maintains an ongoing relationship with DOJ. Even after subsistence allowances and other support are terminated, the residual relationship requires that investigative agencies and attorneys observe certain restraints in dealing with these persons in connection with investigations and/or new cases.

1. 1. Current Program Participants
   Only in extraordinary circumstances will a currently protected witness or anyone relocated because of a witness’s cooperation be authorized to serve as an informant. Investigators must secure the written authorization of OEO before establishing/registering or using a current Program participant as an informant. Investigators also must secure the written authorization of OEO before re-establishing/re-registering any such person as an informant if such person previously had been terminated as an informant (for cause or any other reason).
2. 2. Former Program Participants
   In addition, formal consultation with OEO is required before using a former Program participant as an informant. OEO will consult with the former sponsoring United States Attorney’s Office regarding the request to use a former Program participant.
3. 3. OEO Approval/Consultation Process
   Evaluation of requests made pursuant to section A (authorization) and B (consultation) above may be time consuming. Investigators should contact OEO’s Special Operations Unit (SOU) at (202) 514-3684 regarding the particular information needed to evaluate such requests.
4. 4. Judicial Approval in Certain Circumstances
   If the proposed informant is on probation, supervised release, or pretrial supervision, the prior approval of the Court - through the U.S. Probation or Pretrial Services Officer - must be obtained. If the witness is on parole, approval of the U.S. Parole Commission must be obtained through the U.S. Probation Officer.
5. 5. Reporting Requirements
   If any person who has received protective services through the Program is established/registered and used as an informant, during the length of such use, investigators must submit to OEO on a semi-annual basis (i.e., every 180 days), unless otherwise directed by OEO, status reports summarizing the person’s use as an informant, including the estimated duration of the person’s use. Investigators must immediately advise OEO of the termination (for cause or any other reason) of the use of such person as an informant.

[updated January 2020]