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HomeMy WebLinkAboutMOU - FBI & MPDU.S. Department of Justice Federal Bureau of Investigation In Reply, Please Refer to File No.88A-MM-C107701 16320 NW 2nd Avenue North Miami Beach, FL 33169 MEMORANDUM OF UNDERSTANDING (MOU) This Memorandum of Understanding (MOU) is being executed by the below listed agencies: Federal Bureau of Investigation (FBI) City of Miami Police Department (MPD) - Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between the participating agencies listed above. I. PURPOSE This MOU establishes and delineates the mission of the south Florida Violent Crimes/Fugitive Task Force, herein after referred to as the VCFTF, as a joint cooperative effort. Additionally, the MOU formalizes relationships between and among the participating agencies in order to foster an efficient and cohesive unit capable of addressing violent incident crimes, significant violent fugitives and special jurisdiction crimes, with a nexus to south Florida. It is the desire of the participating, agencies to achieve maximum inter -agency cooperation in a combined law enforcement effort aimed at reducing the most violent criminal activity within the communities served. II. MISSION a. The mission of the VCFTF is to combat significant -- violent crime in south Florida and make streets safer for its citizens. . VCFTF Mission Components will include: i. Bank Robbery (Title 18 USC 2113): Whoever, by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain by extortion, any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association. Law Enforcement Sensitive ii. Violent Robbery (Hobbs Act Title 18 USC 1951): Commonly referred to as the "Hobbs Act,"; the statute prohibits the obstructing, delay or affecting of commerce, or the movement of any article or commodity in commerce. Robbery, extortion, conspiracy and the commission or threat of physical violence are all specifically precluded in the statute. The Hobbs Act does not require the commerce affected to have been legitimate commerce. Only de minimis effect is necessary to establish the jurisdictional predicate. Use of the Hobbs Act is not restricted to actual interference with commerce. Threats and/or physical violence to persons or property committed to compel the furtherance of a plan that would violate this statue are also prohibited. In addition to the specifically enumerated offenses of robbery and extortion, the provisions of the Act can be applied to numerous criminal activities, including convenience store robberies, check cashing store robberies, car - jacks, drug trafficking, and drive -by shootings. Violations carry a penalty of up to twenty years. iii. Unlawful Flight to Avoid Prosecution (Title 18 USC 1073): Whoever moves or travels in interstate or foreign commerce with intent either (1) to avoid prosecution, or custody or confinement after conviction, under the laws -of -the -place -- from which he flees, for a crime, or an attempt to commit a crime, punishable by death or which is a felony under the laws of the place from which the fugitive flees, or(2) to avoid giving testimony in any criminal proceedings in such place in which the commission of an offense punishable by death or which is a felony under the laws of such place, is charged. c. The VCFTF will enhance the effectiveness of federal/state/local law enforcement resources through a well coordinated initiative seeking the most effective investigative/prospective avenues by which to convict and incarcerate dangerous offenders. III. ORGANIZATIONAL STRUCTURE A. •Composition The VCFTF will consist of a combined enforcement body of agencies participating in this MOU. These participating agencies will provide full-time assigned personnel, as set forth below: Miami -Dade Police Department Florida Department of Law Enforcement 2 Law Enforcement Sensitive Broward Sheriff's Office Fort Lauderdale Police Department FBI City of Miami Police Department B. Direction All participants acknowledge that the VCFTF is a joint operation in which all agencies act as partners in the operation ofthe task force. An Executive Board, made up of the department/agency head, or his designee, a Supervisory Special Agent of the FBI, and other appropriate heads of participating entities, will be responsible for the policy and direction of the VCFTF. The Executive Board will meet semi-annually in order to collectively provide policy oversight. Membership on the Executive Board can be delegated by the law enforcement agency head to a subordinate. C. Supervision Oversight, supervision, and administrative control of the VCFTF will be the responsibility of a Supervisory Special Agent (SSA) of the FBI. The day to day operation, coordination, and execution of the VCFTF will be the joint responsibility of the Special Agent (SA) of the FBI and the Task Force Officer/Detective. The daily management of the VCFTF will be closely coordinated with the Executive Board. Responsibility for the conduct of VCFTF members, both personally and professionally, shall remain with the respective agency heads. IV. PROCEDURES A. Personnel Continued assignment of personnel to the VCFTF will be based upon performance and will be the discretion of the respective agency heads/supervisors. Each participating agency, upon request, will be provided with an update as to -the program, direction and accomplishments of the VCFTF. B. Deputation All local and state law enforcement personnel designated to the VCFTF, subject to a limited background inquiry, will be federally deputized, with the FBI securing the required Deputation authorization. This Deputation will remain in effect throughout 3 Law Enforcement Sensitive the tenure of each investigator's assignment to the VCFTF or until termination or the task force, whichever occurs first. Personnel from participating agencies will receive a comprehensive. briefing on. FBI field office security policy and procedures. During the briefing, each individual will execute non -disclosure agreements (SF-312 and FD-868). Upon departure from the VCFTF, personnel from participating agencies will execute non -disclosure agreements (SF-312 and FD-868) and will be given a security debriefing. C. Investigations All VCFTF investigations will be initiated in accordance with United States Attorney General Guidelines on General Crimes, Racketeering Enterprise and Domestic Security/Terrorism Investigations (AG Guidelines). The investigative methods employed will be consistent with the policies and procedures of the FBI and the AG Guidelines. However, in situations where the statutory or common law of Florida is more restrictive that 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. D. Prosecution The criteria for determining whether to prosecute a particular violation in state or federal court will focus upon achieving the greatest overall benefit to law enforcement and the public. Any question which arises pertaining to prospective jurisdiction will be resolved through discussion among all investigative agencies and prospective entities having an interest in the matter. V. A. ADMINISTRATIVE Case Assignments The FBI SSA assigned to the VCFTF will oversee the prioritization and assignment of targeted cases and related investigative activity in accordance with the stated objectives and direction of the VCFTF. Cases will be assigned to investigative teams based on experience, training, performance, expertise, and existing case load. B. Records and Reports 4 Law Enforcement Sensitive All investigative reporting will be prepared in compliance with existing FBI policy and respective agency reporting. Subject to pertinent legal and/or policy restrictions, copies of pertinent documents created by each member agency of the task force will be made available for inclusion in the respective investigative agencies' files as appropriate. C. Evidence and Undercover Operations All evidence and original tape recordings (audio and video) acquired during the course of VCFTF investigations will be maintained by the FBI. The FBI's rules and policies governing the submission, retrieval and chain of custody will beadhered to by the VCFTF personnel. All VCFTF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attorney General's Guidelines on Undercover Operations. D. Investigative Exclusivity Investigations designated to be handled by the VCFTF will not knowingly be subject to non -Task Force law enforcement efforts. It is incumbent upon each agency to make proper internal notification regarding VCFTF existence, including areas of concern. There shall be no unilateral action taken on the part of any participating agency relating to VCFTF investigations. All law enforcement action will be coordinated and conducted in a cooperative matter. VCFTF investigative leads outside the south Florida territory will be communicated to other FBI offices for appropriate investigation. E. Informants and Cooperating Witnesses The United States Attorney General Guidelines and the FBI's guidelines regarding the operation of informants and cooperating witnesses will apply to all informants and cooperating witnesses directed by members of the VCFTF. The FBI agrees, subject to funding availability, to pay informants/cooperating witnesses' expenses in accordance with FBI policies and procedures and which are determined by the FBI to be reasonable and necessary. An appropriate FBI informant/cooperating witness file will be opened wherein all information furnished by the informant/cooperating witness will be maintained. In addition, 5 Law Enforcement Sensitive any recommendations for payments to this informant/cooperating witness will also be documented herein. F. Staff Briefings Periodic briefings on VCFTF investigations will be provided to the heads of the participating agencies or their designees. VI: MEDIA All media releases pertaining to VCFTF investigations and/or arrests will be coordinated and made jointly by all participants of this MOU. No unilateral press releases will be made by any participating agency without the prior approval of the other participants. No information pertaining to the VCFTF itself will be released to the media without mutual approval of all participants. VII. VEHICLES AND EQUIPMENT A. In furtherance of this MOU, employees of the participating agency may be permitted to drive FBI owned or leased vehicles for surveillance, case management and investigation in connection with any VCFTF investigation. FBI vehicles must only be used for official VCFTF business and only in accordance with applicable FBI rules and regulations. B. Any civil liability arising from the use of an FBI owned or leased vehicle by a participating agency task force member while engaged in any conduct other than his or her official duties and assignments under this MOU shall be the responsibility of the participating agency. The participating agency will indemnify and 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 a participating agency VCFTF member which is outside of the scope of his or her official duties and assignments under this MOU. C. Equipment available to the VCFTF will be equipment currently organic to each respective organization. 6 Law Enforcement Sensitive Additional equipment and training will be sought as mission requirements dictate. VIII. FUNDING Each participating agency agrees to provide the appropriate time services of its respective personnel for the duration of this operation. Participating agencies agree to assume all personnel costs for their task force representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency. Subject to funding availability and legislative authorization, the FBI will reimburse to participating local and state agencies the cost of overtime worked by VCFTF members assigned full time to the task force, providing overtime expenses were incurred as a result of VCFTF related duties. Separate Contract Reimbursable Agreements (CRAVES) will be executed by the FBI and each participating agency consistent with regulations and policy. IX. LIABILITY Unless specifically addressed by the terms of this MOU, the parties agree to be responsible for the negligent acts or omissions of their respective employees. Nothing herein is intended as a waiver of sovereign immunity as provided in Section 768.28, Florida Statutes. Legal representation by the United States is determined by DO on a case -by -case basis. The FBI cannot guarantee the United States will provide legal representation to any Federal, state or local law enforcement officer. Congress has provided that the exclusive remedy for the negligent or wrongful act or omission of an employee of the United States government, acting within the scope of his employment, shall be an action against the United states under the Federal Tort Claims Act (FCA), 28 U.S.C. Section 1346 (b), Sections 2671- 2680. For the limited purpose of defending claims arising out of TASK FORCE activity, state or local law enforcement officers who have been specially deputized and who are acting within the course and scope of their official duties and assignments pursuant to this MOU, may be considered an "Employee" of the United States government as defined in 28 U.S.C. Section 2671. See 5 U.S.C. Section 3374 (c) (2) . 7 Law Enforcement Sensitive Under the Federal Employees Liability Reform and Tort Compensation Act of 1988 (commonly known as the West fall Act), 28 U.S.C. Section 2679 (b) (1), the Attorney General or his designee may certify that an individual defendant acted within the scope of his employment at the time of the incident giving rise to the suit. Id., .28 U.S.C. Section 2679 (d)(2). The United States can then be substituted for the employee as the sole defendant with respect to any tort claims. 28 U.S.C. Section 2679 (d) (2) . If the United States is substituted as defendant, the individual employee is thereby protected from suits in his official capacity. If the Attorney General declines to certify that an employee was acting within the scope of employment, "The employee may at any time before trial petition the court to find and certify that the employee was acting within the scope of his office or employment". 28 U.S.C. Section 2679 (d)(3). Liability for any negligent or willful acts of TASK FORCE employees, undertaken outside the terms of this MOU will be the sole responsibility of the respective employee and agency involved. Liability for violations of federal constitutional law rests with the individual federal agent or officerpursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S.C. 388 (1971) or pursuant to 42 U.S.C. Section 1983 for state and local officers or cross -deputized federal officers. TASK FORCE officers may request representation by the U.S. Department of Justice for civil suits against them in their individual capacities for actions taken within the scope of employment. 28 C.F.R. 50.15, 50.16. An employee may be provided representation "When the actions for which representation is requested reasonably appear to have been performed within the scope of the employee's employment and the Attorney General or his designee determines that providing representation would otherwise be in the interest of the United States." 28 C.F.R. 50.15(a). A TASK FORCE officer's written request for representation should be directed to the Attorney General and provided to the Chief Division Counsel (CDC) of the FBI division coordinating the TASK FORCE. The CDC will then forward the representation request to the FBI's Office of the General Counsel (OGC) together with the Letterhead memorandum concerning the factual basis for the 8 Law Enforcement Sensitive lawsuit. FBI/OGC will then forward the request to the Civil Division of DO together with an agency recommendation concerning scope of employment and Department representation. 28 C.F.R., 50.15(a) (3) . If a TASK FORCE officer is found to be liable for a constitutional tort, he/she may request indemnification from DO to satisfy an adverse judgement rendered against the employee in his/her individual capacity. 28 C.F.R., 50.15 (c)(4). The criteria for payment are substantially similar to those used to determine whether a federal employee is entitled to DO representation under 28 C.F.R., 50.15 (a). X. DURATION This MOU shall remain in effect until terminated as specified below. •Continuation of this MOU shall be subject to the availability of necessary funding. This agreement may be modified at any time by written consent of all involved agencies. This agreement may be terminated at any time by any of the participating agencies, including the FBI. The participating agencies may withdraw from this agreement at any time by providing a 30 day written notice of its intent to withdraw to all other participating agencies. Upon the termination of the VCFTF and the MOU, all equipment will be returned to the supplying agencies. XI. MODIFICATIONS 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. milAy 11))3())�K (Jonathan I. Solomon) Special Agent in Charge Federal Bureau of Investigation Date Law Enforcement Sensitive Jodi' F. Tiinoney Chief City of Miami Police Department __AUG_ 1 if_ 203___ Date tott/zood' Maury V.TayleSiate Contracting Officer Federal Bureau of Investigation