Skip to content Skip to footer site map

Sign In
Home
Treasury For...
AboutExpand About
Resource CenterExpand Resource Center
Empty
ServicesExpand Services
InitiativesExpand Initiatives
CareersExpand Careers
Connect with Us
 

About

TREASURY ORDER 105-13

DATE:  January 6, 2016
 
SUBJECT:    Policy Regarding the Disclosure to Prosecutors of Potential Impeachment Information Concerning Department of the Treasury Witnesses (“Giglio Policy”)
 
1.  PURPOSE.  This order establishes Treasury policy on the disclosure to prosecutors of potential impeachment information concerning Treasury employees who will be providing a sworn statement or testifying as a witness for the Government in a federal criminal proceeding.  The purpose of this policy is to ensure that prosecutors receive sufficient information to meet their obligations under Giglio v. United States, 405 U.S. 150 (1972), while protecting the legitimate privacy rights of Treasury employees.[1]  To achieve these objectives, this Treasury policy adopts, and is deemed coextensive with, the Department of Justice’s (DOJ) Giglio Policy in effect at the time a request for disclosure is made.  
 
2. SCOPE.  This Order applies to all bureaus, offices, and organizations of the Department of the Treasury, including the offices of Inspectors General.  The provisions of this Order shall not be construed to interfere with or impede the authorities or independence of the Department’s Inspectors General.
 
3.  POLICY.
 
a.       Preface.
 
1) To ensure continuing consistency with Department of Justice policy, Treasury adopts and shall follow any existing Department of Justice Giglio Policy in effect at the time a request for potential impeachment information from a prosecutor is made. 
 
2) This policy applies to all Department employees who will be providing a sworn statement or testifying as a witness for the Government in a federal criminal proceeding, but will primarily be applicable to law enforcement employees of the Internal Revenue Service, the Office of the Inspector General, the Office of the Treasury Inspector General for Tax Administration, and the Office of the Special Inspector General for the Troubled Asset Relief Program. 
 
b.      Obligation to Disclose Potential Impeachment Information Relating to Department of the
Treasury Employees.
 
 
 
 
 
Treasury and its bureaus, offices, organizations, and employees have an obligation to disclose to the prosecuting offices of DOJ, upon request, any potential impeachment information concerning Treasury employees who will be providing a sworn statement or
testifying as a witness for the Government in a federal criminal proceeding.  To meet this obligation, Treasury shall follow the DOJ Giglio Policy in effect at the time a request for disclosure is made.  The DOJ Giglio Policy shall be maintained on the Treasury intranet, and shall be circulated to bureau counsel annually by the Office of the General Counsel. 
  
4.   AUTHORITIES.
 
a.       Brady v. Maryland, 373 U.S. 83 (1963)
b.      Giglio v. United States, 405 U.S. 150 (1972)
c.       31 U.S.C. § 321(b)
d.      5 U.S.C. § 301
 
5.   CANCELLATION.  Treasury Order 105-13, “Policy Regarding the Disclosure to Prosecutors of Potential Impeachment Information Concerning Department of the Treasury Witnesses,” dated February 19, 1997, is superseded.
 
6.   OFFICE OF PRIMARY RESPONSIBILITY.  Office of the General Counsel. 
 
 
 
 
 /S/
                                                                        Jacob J. Lew
Secretary of the Treasury
 


[1] This policy is not intended to create or confer any rights, privileges, or benefits to prospective or actual witnesses or defendants.  It is also not intended to have the force of law.
 
 
Last Updated: 1/12/2016 10:17 AM

Contact Us

Department of the Treasury
1500 Pennsylvania Ave., N.W.
Washington, D.C. 20220

General Information: (202) 622-2000
Fax: (202) 622-6415
Hours: Mon-Fri 8:00am - 5:00pm

Untitled 1
Untitled 1

E-Mail Signup

Sign Up to Receive Treasury.gov News src= Sign up to Receive
Treasury.gov News