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Reactivation Suitability Request
ICR 202305-1140-005 · OMB 1140-0111 · Object 131972001.
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Document Metadata
| File Type | application/pdf |
|---|---|
| File Title | Reactivation Suitability Request |
| Last Modified By | Adobe InDesign 18.0 (Windows) |
| File Modified | 2022-12-29 |
| File Created | 2022-12-28 |
| Conversion State | complete |
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OMB Number 1140-0111 (xx/xx/xxxx) U.S. Department of Justice Bureau of Alcohol,Tobacco, Firearms and Explosives Reactivation Suitability Request Instructions: This form is used when seeking suitability approval for a former ATF confidential informant (CI). The ATF special agent (SA) or ATF task force officer (TFO) who will serve as the handler for the potential CI must complete this form. All fields must be typed and completed in full. Handwritten forms are not acceptable. If additional space is needed, continue on a separate sheet. Before performing as a CI, the individual must be approved by the Special Agent in Charge (SAC) or his/her designee and, in some instances, by the CI Review Committee (CIRC) or Department of Justice. Sections I. through IX. pertain solely to the individual who will perform as a CI, if approved. Section X. pertains to the CI handler. Section XI. pertains to the review and decision regarding this request by agency officials. Utilize the Confidential Informant Master Registry and Reporting System (CIMRRS) to locate and utilitze the existing CI number and record. If one does not exist, create a CI record in CIMRRS to generate the required CI number. CI Number: Date: Legacy CI Number (if applicable): Privacy Notice: The Privacy Notice (located at the bottom of the form) was read aloud to the potential CI before gathering any information required by this form. CI Handler Initials: I. Personal and Biographical Information Instructions: Provide the legal name of the individual and all personal and biographical information. Verify the individual’s identity by viewing an original, driver’s license; an original birth certificate and a valid photo identification card; original U.S. passport; or, if the individual was not born in the United States, the individual’s original immigration documentation. If a driver’s license cannot be verified through a state database, the individual must also present an original birth certificate. 1. Last Name: 2. First Name: 6. Social Security Number (SSN): 7. U.S. Citizen: 9. Birth State (if applicable): 10. Birth City: 12. Sex: 14. Height (feet): 13. Race: 8. Birth Country: 11. Country(ies) of Citizenship: 15. Height (inches): 16. Weight (lbs.): R 19. Aliases (Names, Dates of Birth, SSNs, etc.): 4. Suffix: 3. Middle Name: AF T Full Legal Name 5. Date of Birth: 17. Hair Color: 18. Eye Color: 20. Scars/Marks/Tattoos: D 21. Select the Method Used to Verify the Individual’s Identity: a. Driver’s License or State-Issued Identification Card Issuing State: c. Naturalization Certificate and Photo Identification Card d. Birth Certificate and Photo Identification Card Number: b. U.S. Passport Passport Number: Certificate Number: Type of Identification Card: State Issuing Birth Certificate: Type of Identification Card: e. Other: (Applies only to international CIs living abroad.) Provide a detailed description of the documents used to verify the international CI’s identity. II. Immigration Information Instructions: If the individual is NOT a U.S. citizen, provide his/her immigration information. The Department of Homeland Security must approve in writing the use of any alien who entered the U.S. without authorization before he/she may serve as a CI. Attach a copy of the immigration documentation (e.g., approved deferred action, Resident Alien card, Permanent Resident card, etc.). The individual is a U.S. citizen. Skip section II. Page 1 of 7 ATF Form 3252.5 Revised ( ) 22. Immigration Status: 23. Alien Number (if applicable): 24. Immigration Documentation: 25. Sponsoring Agency: 26. Approval Date: 27. Expiration Date: III. Residential, Employment, and Educational Information Instructions: Provide the individual’s current physical residential address, telephone, employment, and educational information. Identify the individual’s pertinent skills and qualities, if applicable (e.g., fluent in the Russian language, motorcycle mechanic, former straw purchaser). 28. Residential Physical Address (Line 1): 30. City: 29. Address (Line 2): 32. Zip Code: 31. State: 33. International Address (Applies only to CIs living abroad.): 34. Mobile Telephone Number: 35. Home Telephone Number: 37. Unemployed: 38. Name of Employer: 40. Duration (Years/Months): 39. Occupation: 42. Address (Line 2): 46. Employer International Address (If applicable): 43. City: 48. Supervisor’s Telephone Number: 50. Highest Level of Education: 44. State: 45. Zip Code: AF T 41. Employer Physical Address (Line 1): 47. Supervisor’s Name: 36. Other Telephone Number: 49. Source(s) of Income: 52. Skills and Qualities: 51. Name of School: R IV. Criminal History and Conduct Information Instructions: Provide information regarding the individual’s criminal history, personal conduct, and criminal associations. Attach an additional page if more space is needed. Yes No D 53. Has the individaul been previously arrested? If no, move to question 66. 54. Has the individual been arrested for crimes involving firearms, arson, or explosives? If yes, for each arrest, provide the date of arrest, reason for arrest, arresting law enforcement agency, and disposition of arrest. 55. Has the individual been arrested for crimes involving perjury, fraud, providing false information, or other arrests similar in nature? If yes, for each arrest, provide the date of arrest, reason for arrest, arresting law enforcement agency, and disposition of arrest. 56. Has the individual been arrested for crimes of a sexual nature? If yes, for each arrest, provide the date of arrest, reason for arrest, arresting law enforcement agency, and disposition of arrest. 57. Has the individual been arrested for crimes against a child/children? If yes, for each arrest, provide the date of arrest, reason for arrest, arresting law enforcement agency, and disposition of arrest. Violent Crime - as defined by 18 U.S.C. Part 1, Chapter 1, Section 16: 1) An offense that has an element of the use, attempted use, or threatened use of physical force against the person or property of another; or 2) Any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of coitting the offense. 58. Considering all arrests, how many times has the individual been arrested for non-violent crimes? 0 times 1-5 times 6-10 times 11+ times 59. Considering all arrests, how many times has the individual been arrested for violent crimes? 0 times Page 2 of 7 1-2 times 3-4 times 5+ times ATF Form 3252.5 Revised ( ) 60. FBI Universal Control Number: 61. State Criminal Number(s): 62. City/County Criminal Number(s): 63. Other Criminal Number(s). Provide an explanation for any other criminal number(s) identified. 64. Parole/Probation Status: The individual is not on parole or probation. Move to question 66. 65. Did the parole or probation officer approve use of the individual? Yes No If yes, provide the name of the officer, name of the parole/probation office, and date of approval. If no, provide the name of the officer, name of the parole/probation office, date of denial, and reason for denial. 66. Reputation and Associates: Is the individual currently or formerly affilitated with a criminal organization? If yes, provide details. Yes No a. Level of the Organization: AF T b. What is or was their role in the criminl organization? c. What is the recency of their affiliation with the criminal organization? d. Was the individual’s separation adversarial? 67. Substance Abuse/Misuse: Does the CI have any past or present misuse of a controlled substance(s) (including prescription medication). Yes-Past Yes-Present No R If Yes-Past or Yes-Present, provide details: V. Previously Furnished Information D Instructions: Provide detailed information regarding the individual’s current and/or past performance as a CI. Attach an additional page if more space is needed. 68. Other Agency(ies): Is the individual currently supplying information to any other agency? Yes No If yes, provide the following information for each other agency; 1) Name of Other Agency, 2) Title and Name other Agency’s CI Handler, 3) Timeframe or duration the individual has supplied information to the other agency, 4) Was this handler contacted as a reference regarding the individual’s reliability?, and 5) If so, was the reference favorable? If the reference was not favorable, why? No 69. Prior Agency(ies): Has the individual previously supplied information to any other agency? Yes If yes, provide the following information for each prior agency; 1) Name of Prior Agency, 2) Title and Name of Prior Agency’s CI Handler, 3) Timeframe or duration the individual has supplied informatin to the prior agency, 4) Was this handler contacted as a reference regarding the individual’s reliability?, and 5) if so, was the reference favorable? If the reference was not favorable, why, Lastly, why did the relationship with the agency end? Page 3 of 7 ATF Form 3252.5 Revised ( ) No 70. Prior ATF CI: Has the individual previously supplied information to ATF (as a CI or otherwise)? Yes If yes, provide the following information: 1) Timeframe or duration when the individual previously supplied information to ATF, 2) Physical location (i.e., city, state, field division/office) of where the individual previously supplied information to ATF, 3) Name of prior ATF CI handler, and 4) Was this handler contacted as a reference regarding the individual’s reliability? If the handler was not contacted as a reference, why? If yes, why did the relationship with ATF end? If the individual was removed for cause, provide the reason(s) why? If the individual was removed for cause, provide mitigating reason(s) to approve this request for reactivation. AF T 71. Law Enforcement Reference: Other than any person or persons mentioned above, were other law enforcement officials contacted garding the individual’s No reliability? Yes If yes, provide the following information: 1) Title and name of reference, 2) Agency associated with the reference and 3) Was the reference favorable? If the reference was not favorable, why? 72. Testify: Is this individual willing to testify in open court. Yes No 73. Credibility: If the individual previously testified in any capacity, were there any rulings against their credibility? If yes, provide details regarding any rulings against the individual’s credibility. Yes No Not Applicable VI. Suitability R Instructions: Provide detailed and thorough information regarding the individual’s suitability to perform as a CI. Attach an additional page if more space is needed. D 74. Nature of the Information: Identify the nature of the information or assistance to be supplied and the nature and importance of the information to a present or potential investigation. Include whether the information can be corroborated. 75. Motivation: What is the individual’s motivation in providing information or assistance? 76. False Information: Has the individual shown any indication of furnishing false information (e.g., lying under oth, providing false identification to an No office, etc.)? Yes If yes, explaain in detail. 77. Nature of Relatonship: Does the individual have a relationship with the subject or target of an existing investigation or prosecution that could potentially harm the investigation or prosecution? Yes If yes, explain in detail. No 78. Elevated Risk: Is there an elevated (i.e., higher than normal) risk of physical hrm that may occur to the individual, his/her immediate family, or his/her close associates aas a result of assisting? Yes If yes, explain in detail. No Page 4 of 7 ATF Form 3252.5 Revised ( ) 79. Interest in Law Enforcement: Does the individual show under or unexpected interest in the law enforcement mission or operation? Yes If yes, explain in detail. 80. Willingnes to Take Risks: Does the individual demonstraate a willingness to take inappropriate risks? Yes No No If yes, explain in detail. 81. Subject or Target: Is the individual believed to be a subject or target of a pending investigation, or is under arrest, or has been charged in a pending No prosecution? Yes If yes, explain in detail. Yes 82. Mental or Emotional: Has the individual shown any indication of mental or emotional instability or unreliability? 83. Threat to Public: Does the individual possess a criminal threat or danger to the public? Yes No No If yes, explain in detail. If yes, explain in detail. Yes No If yes, explain in detail. AF T 84. Judicial Considerations: Have any arrangements been made between a federal prosecuting office, a state or local prosecuting office, or any law enforcement agency (if available and known to ATF) in return for providing information or assistance to any federal, state, or local agency? 85. Flight Risk: Does the individual pose a flight risk? Yes No No R 86. Relocated Witness: Is the individual a relocated witness? Yes If yes, explain in detail. No D 87. Anticipated Relocation: Is relocation anticipated for this individual? Yes If yes, explain in detail. 88. Relatives: Is the individual related to any employee of a law enforcement agency? Yes relationship, the law enforcement agency, and the position the individual occupies. If yes, explain in detail. No If yes, provide the name of the individual(s) the 89. Special Category: Select all applicable special categories for the individual. If a special categories applies, a determintion must be made by the SAC. Those special categories with an asterik (*) will require Headquarter’s coordination for a higher level (e.g., CIRC, DOJ) review and determination. Active military member (including reserves and National Guard) Media representative or affiliate* Alien (i.e., non-U.S. citizen, illegally present in the U.S., but sponsored by ATF or another federal, state, or local law enforcement organization) Public official - federal level Public official - local level Federal BOP employee* Public official - state level Federal Explosives Licensee (current or prior)* State or local prisoner or detainee (in state or local custody) Federal Firearms Licensee (current or prior)* State or local probationer/parolee (in state or local custody) Federal probationer or supervised releasee Under obligation of legal privilege or confidentiality (e.g., attorney, priest)* Foreign National (i.e., non-U.S. citizen, legally present in the U.S., permanent resident or resident alien) High-level leader of criminal organization* WITSEC participant - current* International (i.e., non-U.S. citizen living in home country or abroad) Other: Page 5 of 7 WITSEC participant - former* ATF Form 3252.5 Revised ( ) 90. Special Category Explanation: If any of the above special categories apply, provide a detailed description/explanation. 91. If the individual is under the obligation of a legal privilege of confidentiality, is the individual privacy to case-related information? No Yes Not Applicable 92. CI Record Review: Yes A complete review of the individual’s prior ATF CI file (paper or electronic) was conducted. No A complete review of the individual’s CI record in CIMRRS was conducted. The individual’s prior ATF paper file (if applicable) was uploaded into the CI record in CIMRRS. The data in the CI record in CIMRRS was updated (if necessary) and is current. If the response was “NO” to any of the above, explain. AF T VII. Additional Remarks Instructions: Provide any additional information believed to be relevant (favorable or unfavorable) regarding the individual’s suitability to perform as a CI. 93. Remarks: VIII. Indices Checks Instructions: At a minimum, conduct the listed criminal history checks on the individual. Indicate if the individual has a record or no record. Identify any additional check(s) conducted. Use an additional sheet of paper, if necessary. Indices checks must be completed on the individual’s legal name and aliases (e.g., names, dates of birth, SSNs). Attach the results of the indices checks regardless of whether the individual has a record. System/Check Record/No Record NLETS - IQ State: NCIC - QH NCIC - QR TECS FLS D NLETS - IAQ (if non-U.S. citizen) R NLETS - IQ State: NCIC - QW Other: System/Check Record/No Record NLETS - IQ State: NLETS - FQ State: NLETS - FQ State: NLETS - DQ NLETS - KQ IX. Attachments Instructions: The CI handler must initial to indicate the documents are included. Title ATF Form 3252.2, Informant Agreement or ATF Form 3252.3, Informant Agreement (Spanish Version) (Required) Fingerprint Cards FD-258 - Three complete sets Initial Current color photographs (front and side views) (Required) State and federal criminal history check results (NCIC -QH & QR) (Required) State and federal warrant check results (NCIC - QW) (Required) State criminal history check results (NLETS - I Q & FQ) (Required) State Driver’s License check results (NLETS - DQ & KQ) (Required) Immigration Alien Query check results (NLETS -IAQ) (Required if non-U.S. citizen) Treasury Enforcement Communications System check results (TECS) (Required) Federal Licensing System check results (FLS) (Required) Copy of immigration documentation (Required if non-U.S. citizen residing in the U.S.) Other/miscellaneous: Other/miscellaneous: Page 6 of 7 ATF Form 3252.5 Revised ( ) X. Handler Information Instructions: Provide information regarding the CI handler. The CI handler must electronically sign and date the request, then start the Reactivation Suitability Request in CIMRRS. Name of Handler Last Name: Field Division: First Name: Title (SA or TFO): Field Office: Telephone Number: The undersigned obtained this information directly from the individual for whom this request is being sought; indices checks completed on the individual’s legal name and aliases; and law enforcement and/or legal references. The undersigned reviewed the content and meaning of ATF Form 3252.2, Informant Agreement, with the individual in the presence of another law enforcement officer. The undersigned accepts responsibility for management and oversight of the CI. Electronic Signature and Date: XI. Review and Decision Management officials must complete their review and record their decision in CIMRRS. This section is only completed by management officials in an emergency situation where CIMRRS is not immediately available. AF T Instructions: Provide information regarding the Resident Agent in Charge (RAC) or Group Supervisor (GS). The RAC or GS must approve or deny the request. The RAC or GS must electronically sign and date, below, unless the decision is made and recorded electronically in CIMRRS. Last Name: First Name: Title (RAC or GS): Name of RAC or GS Approve. The undersigned recommends approval of the individual and accepts responsibility for management and oversight of the CI. RAC or GS Decision: Deny. The request for this individual is denied. Electronic Signature and Date: Approve. The reactivation request for this individual is approved. The undersigned accepts responsibility for management and oversight of the CI. D SAC or ASAC Decision: R Instructions: Provide information regarding the Special Agent in Charge (SAC) (or his/her designee, i.e., Assistant Special Agent in Charge (ASAC)). The SAC or his/her designee must approve or deny the request. The SAC or his/her designee must electronically sign and date, below, unless the decision is made and recorded electronically in CIMRRS. If a special category applies to the individual, the SAC must make the determination not his/her designee. Last Name: First Name: Title (SAC or ASAC): Name of SAC or ASAC Approval Recommended. The individual cannot be utilitzed until a higher level (e.g., CIRC, DOJ) review and determination is made. Deny. The request for this individual is denied. Electronic Signature and Date: Privacy Notice 1. Authority: ATF derives its authority to collect this information from 28 USC § 599A, Bureau of Alcohol, Tobacco, Firearms, and Explosives and 28 CFR § 0.130, General functions. 2. Purpose: ATF will use this information to determine the eligibility and suitability of the individual to become a confidential informant. 3. Routine Uses: The information will be used by ATF personnel for the purposes stated above. The information becomes a part of the confidential informant record and is included in Criminal Investigation Report System-Justice/ATF-003 (68 FR 3553-5) and is subject to paragraphs A., C., E., F., and M. of the published routine uses of that system of records. Specifically, ATF may disclose the information with other law enforcement or other government agencies, as necessary for criminal investigation and/or litigation purposes. 4. Disclosure: Furnishing this information is voluntary; however, failure to furnish the requested information will prevent the formation of a confidential informant relationship with the ATF. Page 7 of 7 ATF Form 3252.5 Revised ( )