Project Save Our Children Task Force Federal Office of Child Support Enforcement Investigative...

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 ???