MIOG Part 1, Section 62: Misconduct Investigations of Employees, Officers and Employees of the Department of Justice and Federal Judiciary (Section 62.1 - 62.2)

The document includes sections of the FBI Manual of Investigative Operations and Guidelines, including information on investigations of government employees, investigations of FBI employee misconduct, and administrative inquiries.

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Other
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Tuesday, June 14, 2011
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MILKi PAR[ I SECTION 62. ADMINISTRATIVE INQUIRIES, ET AL • Page 1 of 28
MIOG PART 9 SECTION 62. ADMINISTRATIVE INQUIRIES, ET AL
**EffDte; MCRT#: 0 Div: D6OP Cav: SecCls:
162-1 MISCONDUCT INVESTIGATIONS &FBI EM PLOYEES,IOFFICERS AND
EMPLOYEES OF THE DEPARTMENT OF JUSTICE AND FEDERAL JUDICIARY
**EffDte: 05/08/1980 MCRT#: 0 Div: OPD6 Cav: SecCls:
62-1.1 Policy
(1) Allegations concerning misconduct on the part of
officers or employees of the Department of Justice or df the Federal
judiciary which do not involve violations of any statute within the
Bureauts'investigative jurisdiction should be forwarded to FBIHQ
immediately by letterhead memorandum (LHM) or by more expeditious
means if the circumstances warrant. (If teletype or telephone is
used, follow with LHM.)
(2) No investigation is to be conducted withoUt FBIHQ
authority.
(3) When authority is granted, the office to which the
matter is referred by FBIHQ will be the office of origin and, upon
completion of- nvestigation, that office should submit a 'closing
report. " , —• •

(4) Reports are not to be furnished to USAs unless FBIHQ
so directs.
(5) Investigations are to be handled in an expeditious
manner.
1(6) Allegations concerning misconduct on the part of an
1 FBI employee will be handled as set forth in the MAOP, Part I,
J Section 13, entitled "Disciplinary Matters."1
"EffDte: 05/08/1980 MCRT#: 0 Div: OPD6 Cav: SecCls:
62-1.2 Other Investigations of Government Employees
'`*EffDte 05/08/1980 MCRT#: 0 Div: D6 Cav: SecCls:
62-1.2.1 Policy
• (1) Administrative investigations involving,Government •
. officials or employees shall not be conducted without prior FBIHQ
authority. , •
(2) Prior FBIHQ authorization is not necessary in the
investigation of alleged criminal violations by Government officials
or employees when the alleged activities are unrelated to their
official duties, except when such officials or employees are,highly
placed.
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MIOG PART 1 SECTION 62. ADMINISTRATIVE INQUIRIES, ET AL Page 2 of 28
• (
(3) FBIHQ authorization is not necessary in
investigations of criminal violations within our primary jurisdiction
by any official or employee of the Department of Justice even though
the activities are related to their official duties.
(4) In any event.FBIHQ should be immediately advised by
LHM transmitted by airtel, or by teletype, as the exigencies of the
case dictate, of the full facts of the complaint and the action being
taken. (If teletype is used, also submit LHM by airtel immediately.)
(5) Investigation of violations of statutes within the
Bureau's investigative jurisdiction by Treasury Department employees
and other persons in matters within the administrative control of the
Treasury Department are conducted by the Bureau under a Justice
Department agreement with that Department dated,2-5-55. This
agreement supplements Public Law 725, 83rd Congress.(approved
8-31-54), which confers upon the Attorney General and FBI the
authority to investigate violations of Title 18, USC, on the part of
Gbvernment employees unless such authority is otherwise assigned by
another provision of law. '
(6) Because of certain provisions of the Internal Revenue
Code relative to corruption violations involving employees of the
Treasury Department, an agreement was necessary to. bestow exclusive
jurisdiction. upon the FBI in these matters. Prior to this agreement,
the Bureau was stopped from conducting investigations of allegations
of bribery and fraudulent practices on the part of employees of the
Treasury Department by the provisions" of Public Law 79, 82nd Congress,
approved by the President on 7-16-51. The Bu'reau,is to be informed •
immediately of the -receipt of complaints of violations:within.the
Bureau's jurisdiction on the part of the Treasury Depai -tment personnel
.or in Treasury Department matters. A brief statement of the facts of
the complaint and the action being taken is to be forwarded to FBIHQ
by Air Mail Special Delivery letters, airtel, teletype, or telephone
depending upon the urgency of the circumstances. (If teletype or
telephone is used,, follow with LHM.) In a complaint involving a
Treasury Department employee, the initial communication to the Bureau:
should identify the employee, his/her position, and the Treasury
branch where'he/she is employed. Any instances of delay on the part
of the Treasury Department in referring complaints, encroachment by
the Treasury Department of the BUreau's investigative jurisdiction, or
lack of cooperation by Treasury Department officials or employees
should be immediately referred to FBIHQ. Submit four copies of an LHM
in all cases in which investigation is instituted. Dissemination of
the LHM will be made in Washington, D.C., and no copies of LHMs are to
be furnished on a local level other than to USAs.
**EffDte: 02/22/1988 MCRT#: 0 Div: D6 Cav: SecCls:
62-1.3 Misconduct Investigations of FBI Employees
**EffDte: 02/22/1988 MCRT#: 0 Div: OP Caw: SecCls:
62-1.3.1 Policy
(1) Allegations of criminality or serious misconduct on
the part of FBI employees.
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(2) Inquiries will be conducted and reported as described
in MAOP, Part I, Section 13, entitled "Disciplinary Matters."
(3) Inquiries will be placed in a separate12631
I classification file, both in the field division and FBIHQ, and stored
in the SAC's safe in the field and in the secure personnel file
section at FBIHQ.
**EffDte: 02/22/1988 MCRT#: 0 Div: OP Cav: SecCls:
62-1.4 Privacy Act - Requirements
(1) When interviewing anyone in the above classification,
in order to solicit information about himself/herself or his/her own
activities, the interviewing Agent must follow the procedures .
described in Part I, 190-5, subparagraphs (2) and (3); of this manual.
(2) When interviewing an individual to solicit
information concerning someone other than the interviewee (thereby
• classifying that individual as a source of information), the
interviewing Agent must follow the procedure relating to promises of
confidentiality as described in Part I, 190-7, of this manual.
**EffDte: 02/22/1988 MCRT#: 0 Div: PA Caw SecOls:
j 62-1.5 Character - Administrative Inquiries
' The character "Administrative Inquiry," which is ,
applicable to investigations cfpersminel of the Department-pi-Justice ..
and the Federal judiciary only, should . be used until such time as
FBIHQ instructs that it be changed to some substantive violation. In
the event the allegation is against an FBI employee, the character
I will bel"Office of Professional ReSponsibility Matter (OPRM)" and ,
I should be dealt within accordance with Part I, Section 263, of this
I manual.'
**EffDte: 02/22/1988 MCRT#: 0 Div: OPD6 . Cav: Secas:
62-2 STATUTES
Title 13, USC, Sections 211-214, 221-224, 304, 305
(1) Section 211 - Receiving or securing compensation for.
appointment of employees.
(2) Section 212 - Refusal or neglect of employees to
perform duties.
(3) Section 213 - False statements, certificates, and
information.
(4) Section 214 - Wrongful disclosure of information.
(5) Section 221 - Refusal or neglect to answer questions;
false answers. •
(6) Section 222 - Giving suggestions or information with
intent to cause inaccurate enumeration of population.
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Doc_nid: 
11575
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75