project save our children task force federal office of child support enforcement investigative...
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The Statute – 18 U.S.C. § 228TRANSCRIPT
Project Save Our Project Save Our Children Task Force Children Task Force
Federal Office of Child Federal Office of Child Support EnforcementSupport Enforcement
Investigative Analyst (PSOC) Special Agent (OIG)
& Assistant United States Attorney (USAO)
ObjectivesObjectivesHistory of Federal
involvement in CSE investigations
Project Save Our Children
CSE InvestigationsProving the Elements in a
CSE caseCommunicationChallenges
The Statute – 18 U.S.C. § The Statute – 18 U.S.C. § 228228
Child Support Recovery Act-Child Support Recovery Act-19921992Deadbeat Parents Punishment Deadbeat Parents Punishment Act-1998Act-1998
Elements of a Section Elements of a Section 228(a) Offense228(a) Offense
Having the ability to pay a support obligation with regard to a child
Did willfully fail to payKnown past due obligation Which has remained unpaid:
– For longer than one year, or– In amount greater than $5,000
(misdemeanor violation; 228(a)(1)); – Felony if we can show the above and
travel in interstate or foreign commerce “with intent” to avoid the support obligation (228(a)(2)).
– Felony if we can show non-payment for longer than two years, and
– In amount greater than $10,000 (228(a)(3)).
For a child residing in another state
Elements of Interstate or Elements of Interstate or Foreign Travel OffenseForeign Travel Offense
Knowingly traveled either:– Across a state border, or– Across an international border
With a purpose (intent) to evade child support obligation
Which has remained unpaid– For longer than one year, or– In amount greater than $5,000
Punishment for 228(a)(2) or (3)
Felony – up to 2 years imprisonmentA fine of up to $250,000.00 Supervised release for up to one (1)
yearMandatory restitution
Office of InvestigationsOffice of Investigations
1165 Subjects Convicted
$60.8 Million in Restitution/Civil Settlement Ordered
PROJECT SAVE OUR PROJECT SAVE OUR CHILDREN (PSOC)CHILDREN (PSOC)
WHAT WILL WE DOWHAT WILL WE DO
MISSIONMISSION
IDENTIFYIDENTIFY
ANALYZEANALYZE
INVESTIGATEINVESTIGATE
PROSECUTEPROSECUTE
EVALUATE EVALUATE OUTCOMESOUTCOMES
HIGH PROFILE,CRIMINAL NON-
SUPPORT CASES
Custodial Parent
State Agency
DHHS/OIG
PSOC Screening Unit
PSOC Screening ProcessPSOC Screening ProcessReceive and Evaluate
InformationConduct Data Searches
– Locate information for the State– Prepare package for referral to
OIG
Data SourcesData SourcesSSADARS (now SSANET)Federal Parent Locator
Service (FPLS)IRS 1099 ReportAutoTrack ReportFair Credit ReportLexis-NexisSearch SystemsInternet Searches
Investigating a CSE CaseInvestigating a CSE Case
Overall Best PracticesOverall Best PracticesEstablish relationship
with child support office
Preview referralsEstablish ability to payUse leads to other
regionsAct as liaison between
USAO, OIG and CSE office
Reviewing the Case Reviewing the Case ReferralReferral
All elements of offense met?All necessary and relevant
documents included?Construct a “time line”If not included, construct a
payment history worksheetScrutinize referral packages
for leadsDetermine best time for
presentation to AUSA
Contacting the Custodial Contacting the Custodial ParentParent
Absolutely Essential!!– May utilize CSEA
caseworkerConstruct
questionnaireExplain proceduresRequest updates:
– Contact– Statements– Payments received
Interview of the Interview of the DefendantDefendant
Daily existenceSkillsEducationEmploymentTravelTransfers of moneyAssets/DebtKnown support obligation
Use of available law Use of available law enforcement methods and enforcement methods and
data sourcesdata sourcesNCIC/NLETS/LEIN/LEADSSearch Public RecordsGrand Jury Subpoenas
– Cannot use IG SubpoenasInterviewsSSADARSPublic databasesInternet Search (Google,
Altavista, etc.)
Use of available law Use of available law enforcement methods enforcement methods and data sourcesand data sourcesPostal mail covers
– Certain limitationsSurveillance, where possible
– Physical – Audio (consensual monitoring)– Video
Special circumstances– Military– Passport information– Special licenses
U.S District Court
Preparation for Preparation for Complaint, Information, Complaint, Information,
or Indictmentor Indictment Complaints are filed only in
emergencies, and after prior consultation with the AUSA;
Information's are filed only with the consent of the defendant;
Typically will proceed by Indictment:
First step for AUSA is to review investigation to decide what violation to charge?– CSE, UFAP, other…
Key issues will be evidence to establish elements of offense (i.e. can we win in court?)
Recurring questions: does target have clear ability to pay? Are we dealing with minor children?
Child Support Cases from Child Support Cases from an AUSA’s Perspectivean AUSA’s Perspective
Child support cases can be easy to prove; but key is obtaining meaningful proceeds to benefit the minor child…
Usually need less than 5 witnessesIf the investigation is done properly,
litigation is often resolved quicklySuccessful cases generate good
pressGreat deterrent valueHelping folks that need it
Possible DefensesPossible DefensesConstitutional IssuesInability to make payments (we
defeat this at the investigative stage…)
PaternityNCP’s restricted access to childrenChild support was not being used
for support of the children (detected, and rebutted, at the investigative stage…)
Some payments made directly
Proving the ElementsProving the ElementsChild support
obligation– Certified court or
administrative order establishing support obligation
– Custodial parent, CSE worker or clerk of court
– Docket sheet from divorce or paternity action
Proving the Elements (Part Proving the Elements (Part 2)2)
Failure to Pay– Payment record from the clerk of
the court or IV-D agency– Testimony of custodial parent– Judgment of arrearage, if one
exists– Admission of defendant
(establishes both knowledge of obligation and failure to pay)
– Exhibits-summary chart showing date of order and payment history
Proving the Elements (Part Proving the Elements (Part 3)3)
Known support obligation– Clerk of Court of CSE
caseworker– Testimony of Custodial Parent– Court orders– Signature on Documents– Admission by defendant
Proving the Elements (Part Proving the Elements (Part 4)4)Ability to Pay
– Income tax records (if not produced voluntarily, may need assistance of AUSA to obtain these records)
– Always obtain a court order before you disclose tax information to any third party, including victims.
– Use IRS employee to authenticate tax records
– Tax records handled with great care (must keep in separate file under lock and key)
– IRS usually has information on non-filers
Other Ways of Proving Other Ways of Proving the the
Ability to PayAbility to PayPayroll RecordsBank RecordsCredit Card BillsReal Estate BillsAutomobile TitlesEmployer interviews
Proving the Elements Proving the Elements Ability to Pay (Part 2)Ability to Pay (Part 2)
Testimony of Custodial Parent– Education of Defendant– Work History While Married
Testimony of Children– Life Style Testimony– Gifts from Defendants
Proving the ElementsProving the ElementsWillfulnessWillfulness
Testimony of Custodial Parent
Testimony of CSE caseworker– Case Notes– Admissions of Defendant– Pattern of quitting work after
Garnishments– Pattern of Flight after Civil
Collection Case– Failure to make payments after
being held in Contempt– Forum Shopping in effort to
reduce obligation
Proving the ElementsProving the ElementsWillfulness (Part 2)Willfulness (Part 2)
Efforts to hide assets or income through corporations or putting title to assets in family member or friend
Proving the ElementsProving the ElementsResidence/DomicileResidence/Domicile
Testimony of the Custodial Parent
Testimony of IRS employee
Testimony of EmployerTestimony of CSE
caseworkerOfficial Records in
Administrative File
Preparation for Arrest:Preparation for Arrest:Early contact is
important!!Provide fact sheet with:
– Photo, if available– Criminal History, if any!– All employers, addresses,
vehicles, relatives, associates
– Emergency contact number for Case Agent and AUSA
Provide copy of the original warrant
Provide “Statement of Facts” of arrest
Preparation for Arrest:Preparation for Arrest: Consider search possibilities ( is
defendant likely to be arrested where financial records/computers are maintained?)
Effective Arrest planning & execution (the key: “show me the money;” get control of financial records at the time of arrest; credit cards, check books, receipts for large purchases, etc.)
Always attempt to interview; if not familiar with Miranda warnings and documenting a waiver, have someone present who is…)
Thorough search of suspect, and inventory of seized property– Record, photocopy,
photograph/videotape, seize documents
Prisoner processing/security is your responsibility; listen to what he says…
Timely report to Case Agent/AUSA
Communication and Communication and CoordinationCoordination
Ongoing communication among all parties– OIG agent from field office– AUSA from each district – Caseworker from each
county/state PSOC investigative analyst
Communication and Communication and CoordinationCoordination
Key to Success– Commitment on the part of all partners;
the better we do at the investigative level, the better our results will be in court…
– Communication after indictment to keep partners informed/committed
– Bring in new partners; success breeds success, and with winning prosecutions, more agencies will want to help.• Local and state law enforcement &
prosecutors will “spin off” of our successes on interstate cases, to handle more intrastate cases as well.
Action PlanAction PlanStrengthen public
understandingSend a message to the
custodial and non-custodial parents
Outreach to State officials/USAOs
Timeliness
ConclusionConclusionCSE is major OI InitiativeExpected to continueGreat opportunitiesGreatest dangersQuestions ???