HomeMy WebLinkAbout2010-164 MOU - FBI Cyber Crime Task Force i
CYBER CRIME TASK FORCE
MEMORANDUM OF UNDERSTANDING
A. PARTIES. This Memorandum of Understanding(MOU)is entered into by the following"PasnicipatingAgencies":.
I.Federal Bureau of investigation(FBI) 2. Asi4LANc) 4oLIC.r- Drf Arr ME NT
(wNod p 000uo 29 USC 533.534;29 C.F.R.§0.93)
3. 4.
5. 6
B. PURPOSE. This MOU delineates the responsibilities and commitments of the
Participating Agencies in the • . r. „ 011.r : [print
city/division] Cyber Crime Task Force(CCTF). The MOU also outlines the mission and
procedures for the CCTF,which are described in greater detail in the Standard Operating
Procedures(SOP)utilized by the CCTF.
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f C. MISSION. The mission of the CCTF is to investigate and apprehend high technology
criminals and to protect our communities by preventing high technology crime and
national security threats involving computers and computer networks. The CCTF is
established on the premise that the capabilities of law enforcement agencies to investigate
computer and high technology related crimes are enhanced in a task force setting involving
the sharing of resources and expertise. The CCTF will utilize its specialized resources to
investigate,and to prevent when possible,criminal cases and national security threats
when: (1) Computers and high technologies are the target of a crime; (2) Computers and
high technologies are the principal instrumentality of crime; or,(3)Computers and high
technologies are misused to facilitate violations of other criminal laws or threats to the
national security and a specialized understanding of technology is required for
investigation or prosecution.
D. INVESTIGATIVE EXCLUSIVITY. Matters designated to be handled by the CCTF will
not knowingly be subject to separate and/or independent outside law enforcement efforts
by any of the participating or referring agencies. Each Participating Agency shall make
proper internal notification regarding the CCTF's existence and areas of investigation.
E. PROSECUTIONS. A determination will be made for each CCTF investigation on
whether the matter should be submitted for filing in federal or state court. This
determination shall be based on the evidence obtained and a`consideration of which
method of prosecution will result in the greatest benefit to the overall objectives'of the
CCTF and the community.
F. DOCUMENTS AND AUTHORITIES INCORPORATED BY REFERENCE. The
Participating Agencies agree to abide by the separate document titled "Cyber Crime:Task
Force Standard Operating Procedures." The CCTF SOP,as updated from time to time,is
fully incorporated by reference into this MOU.
official Law Enforcement Use Ooh Standard Cyber Crime Task Force MOU(March 2006)
This document contains neither recommendations nor conclusions of the FBL This document is the property ojthe
FBI and is loaned to your agency:it and its contents are not to be distributed outside your agency.
G. ADMINISTRATIVE RESPONSIBILITIES
1. Shared Responsibilities: All participants of the CCTF acknowledge that this is a
joint operation with all Participating Agencies acting for a common goal. Accordingly,
the mission and objectives of the CCTF will be a shared responsibility of the
Participating Agencies.
2. Lead Agency: The FBI is the lead agency for the CCTF and agrees to overall
management responsibilities for the task force, including but not limited to record
keeping and daily responsibility for personnel work assignments and investigative
matters.
3. FBI ProwatnManaeer:The daily operational control;:management, supervision of,
and responsibility for operations of the CCTF shall be vested in an FBI Program
Manager. The FBI Program Manager shall be a sworn law enforcement officer(an FBI
Special Agent or Supervisory Special Agent)assigned by his/her.respective FBI Field
Office to the CCTF. The term of office of the FBI Program Manager generally shall be
a minimum of one(1)year, full-time,to commence upon appointment,
4. Participating Agency Team Leader: Day-to-day operational matters maybe
assigned by the FBI Program Manager to a Team Manager. The Team Manager shall be
from a Participating Agency other than the FBI and shall be selected by the FBI in
consultation with all CCTF Participating Agencies. The Team,Manager shall be a
full-time employee assigned to the CCTF. The term of office of the Team Manager
generally shall be a minimum of one(1)year,full-time,to commence upon appointment.
H. PERSONNEL
1. Membership: The CCTF shall consist of a combined body of investigators and
support personnel from the Participating Agencies.
2. No Emplovment by the CCTF: The CCTF does not directly or indirectly employ
any personnel assigned to it. The CCTF is established for the coordination of applicable
investigations and does not establish employer-employee relationships with the personnel
assigned to the CCTF from the Participating Agencies.
3. Responsibility for Conduct: Personnel assigned to the CCTF may not engage in any
activity which,either in appearance or in fact,conflicts with their duties at the CCTF or
reasonably impeaches the independence of their work for the CCTF: In addition to the
requirements set forth in this MOU and the accompanying SOP, each Participating
Agency shall ensure that their employee participants remain subject to and adhere to the
' standards of conduct,personnel rules,regulations, laws, and policies applicable to those
of their respective agency.
4. Assi¢mnent to the CCTF: Personnel selections for the CCTF are at the discretion of
the FBI and each respective Participating Agency. Personnel will be selected based on
the needs of the CCTF and the Participating Agencies. As a general matter,all
personnel shall work in a full-time capacity at the CCTF(and at a minimum not less than
Olneial Law Enforcement Use Only Standard Cyber Crime Task Force MOU(Maieh 2006)
This document contains neither recommendations nor conclusions ofthe FBI This document is the properry of the
FBI and is loaned to your agency:it and its contents are not to be distributed outside your agency.
3 days a week)-and make a minimum two-vear work commitment to the CCTF due to the
specialized nature of the work and applicable training.
I. INFORMATION MANAGEMENT
1. Records and Reports: All CCTF investigative records will be maintained at the
CCTF location or the,local FBI Field Office. Investigative documents will be stored on
the FBN electronic databases in order to enhance national information sharing among
task forces and other investigators. Classified information shall not be placed in a
non-Federal Participating Agency's files or maintained outside of an accredited CCTF
location unless approved in advance and in writing by an FBI Security Officer.
2. , Non-Disclosure Agreement. CCTF information only maybe disseminated on a
need-to-know basis and as expressly permitted. No CCTF information may be
disseminated outside of the CCTF withoutthe'express permission of the FBI and in
accordance with the applicable laws and internal regulations,procedures, or agreements
between the FBI and other agencies that would,permit such agencies,including CCTF
participants'employing agencies;to receive FBI information directly.
j 3. Media: No member of the CCTF will unilaterally discuss or otherwise reveal
information relating to CCTF investigations,or other,FBI related investigations known to
them,to any media representatives. All releases of information to the media on CCTF
matters will be mutually agreed upon and coordinated jointly under the supervision of the
FBI Program Manager or Team Manager.
J. LIABILITY. The FBI makes no representation that the United States will provide legal
representation or indemnification to any law enforcement officer or employee assigned to
the CCTF. Legal representation and indemnification by the United States is determined
by the Department of Justice(DOJ)on a case-by-case basis pursuant to legal standards and
DOJ policy.
K. SALARIES AND FUNDING
1. Salary and Compensation: ,Salaries,benefits, taxes,and withholdings of CCTF
members will be paid by their respective agencies.
2. Overtime: Overtime maybe compensated to CCTF members by their respective agencies in
accordance with their applicable overtime provisions or by the FBI in accordance with separate Cost
Reimbursement Agreement.
3. Funding: This MOU is not an obligation or commitment of funds,nor a basis for
transfer of funds:this MOU is instead a basic statement of the understanding between the parties of
the tasks and methods required for a successful CCTF. Unless otherwise agreed in writing,each party
shall bear its own coats in relation to this MOU. Expenditures by each party.will be subject to its
_ budgetary processes and to the availability of fimds and resources pursuant to applicable laws,regulations,
and policies. The parties expressly acknowledge that the above language in noway implies that Congress
will appropriate funds for such expenditures.
L, DURATION AND MODIFICATION OF THE MOU. The term of this MOU shall be for
the duration of the CCTF's operations,contingent upon approval of necessary funding, but
Ornchl Law Enforcement Use Only standard Cyber Crime Task Force MOU(March 2006)
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This document contains neither recammendatiow nor conclusions of the FBI. This document is the property of the
FBI and is loaned to your agency;it and its contents are not to be distributed outside your agency.
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may be terminated at any time upon the written mutual consent of the agencies involved.
A Participating Agency retains the right to terminate its participation by giving 30 days
written notice of its intent to terminate. Should a Participating Agency terminate its
participation,it must return any,equipment to the supplying entity. Similarly,as soon as
practicable consistent with ongoing investigations, remaining agencies will return to a
withdrawing agency any unexpended equipment the withdrawing.agency may have
supplied during its CCTF participation. Any modification of this MOU will be effected
with the written mutual consent of the involved parties. This MOU may be signed in
counterparts.
M. NO THIRD PARTY RIGHTS. This MOU is not intended,and should not be construed,
to create any right or benefit, substantive or procedural, enforceable at law or otherwise by
any third party(other than'a Participating Agency of this CCTF entering into a similar
MOU with the FBI) against the parties hereto, the United States,or the officers,
employees, agents,or other associated personnel thereof.
N. EFFECTIVE DATE AND ADDITIONAL PARTIES. As among the original parties,this
MOU shall become effective when signed and dated by the FBI and the duly authorized
representative of at least one other agency. The parties anticipate that the FBI will enter
into similar MOUs with other Participating Agencies.
SO AGREED on behalf of the entities/organizations below:
1fA7-j1gR C.9 14.A
Print Name: Print ame:.Ar^E /ZW'trc Print Name:
Title(SACo A Title: eentreeting:94fecer SSA Title: R<Tw4 :a+EF'
OrganizJ10 n/Ti]e: FBI Organization: FBI Organization: RSNtAn.c
Date: y1 10 Date: l2/eCll, Date: tclz,t Ft�:.�.of pFPp
.c
Print Name: Print Name: Print Name:
Title: Tide: - Title:
Organization: Organization: Organization: -
Date: Date: Date:
Official Law Enforcement Use Only Standard Cyber Crime Task Force MOU(March 2006)
This document contains neither recommendations nor conclusions ojthe FBI This document is the property ojthe
FBI and is loaned to your agency;it and its contents are not to be distributed outside your agency.
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COST REIMBURSEMENT AGREEMENT
EI EEN
TIIF Fb:DF.12AL BUREAU bF'INVFST'l( rION (FB1)
ASIILAVI) POLICF.d)EPART1lENT
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1'ASK_IORCI I1LG`u ---- -- — ----
Pursiumt to Congressional appropri ktions:ahc•I-BI'receives ainhority to pay 6vrlinic Ibr police i
officers assigned to tlic.forntalized Southem Oregon I ligh-'Tech Crimes•task Force as set firth
below-liir expenses rieecssar) for detection: investigation.all prosecution of crimes against the
United States. iI is here s agreed between the FBI and the C.it� of Ashland Police Department j
located at I j55'Fast Main Street. Ashland.Orcgnn:97520 •I'I>.xpaycr Identification Number: 9'
0002117. Phone Number: i('41)'188-5211 that: i
l: Commencing,upnnexeculion orlihis ii&cem nt, the FBI will. subject to availabiliq-iif
required ftlfidmg, reitnbursc the agency fur nvertimeipaynienls,mude to of)iccrs assiencd time to the task force.
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2. Rcyucsts for reimburscment will be:made on a monthly hasis and should he forwarded 1tv '
the FBI field office as soon as praclical after the last of the momh which follows the month fi r
which rcintbursemenris requested Such rr6pests should be fornarded by a Supervisor of the
agency to the 1 131 "Task f oree.Squ•id Super isar and Special Agent m Charge fpr their rcv icw.
approval.,and processing for payment. i
Oi•crlintc rcimburscnicnts will be made directly to the agcncp.by the FBI; fVLiivcrtinie
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reimbursement paymenis are niade by clectronic,furid truisfer(1 F-0. An.ACI I'Vendor.'
liiscellaneous Pavment.Enrollment Form must be on file with the,r131_to facilitate EFT.
q. Ovcrume rehtibursements will he.calculatcd at titc w ual rate for ightch the individual 1
oBicer's tine would be compensated in tlic ah,ence cif this agreutient.-li�icseccr;said
reimbursement.per ot7icer. shall not exceed iuollifiVand!or annual limits established annually
by the FBI. s fhc limits,calculated using Fedcral pay t tblcs.will be m.cffcct for the l eder il fiscal a
year running front October`1' of one y'cnr through Scplunlxr 3�`�'of IolWaing year, unless j
changed during the perioJ. '1'Iie �i31 reserves the right to change the reimbursement limits.
upnard or downward, for subsequent period0ased on fiscal prionhcs itiid appraprialion' limits, #
The P131niII not 1IV tile 6i; the applicable`nnual limits prior to October'1"ofeach year. I -
5.
"I'he;nuntber of`aguxy:iil7icers assigned hill-time to the ask. fiircc and cntitled;tei; i
overtinic rcimbursemcm by the rill shall be approved by the F1131 in advance of each fiscal year.
Based on thc'needs of the lask force. this numlxr may change;periodically, upward'or
downward.ais approved m adyince' by the FBI.
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OCCYlCR.t ten)jduieJ�_>1/0!
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6. Prior to submission of any osertime reimburscment requests thc.agency must pri.pareati
of tieial document setting forlh,the identity;of each;o officer assigned full-iinie to the task ford.
along,Witl the rei:ular and-overiinte hourly rates foreach oRicer.Should any officers change
during the sear a similar statement must be prepared,regarding:lhe new officers prior to �
submitting aity,osertimeI reimbursenterit request.s forrtlie oRiecrs The,'di cumentsl ould br-sent
to tile''ffcldof3ice,forFBI review andapprcii•aL
7 Ca ell rcquest ror reimburscment wi11,incI6dethe name.rank; 1I) mim her.overtime
compensation rate. numbtr:of icimbursable hours claimed, and ahc dates I of those hours for each
officer for whom reintbur,emeni.i sought. "file rcilucst mast be accompanied by:aceriification, i
sighed byan appropriate Supervisor of the agency. iltat the request has been.personallyreviewed. j
the information described in this paragraph is accurate. and the personnel for echo» j
reimbursemciu is clttimcd were assigned toll-time.to'the task force:
S. Each request for reimburscment will ntc.lude'an invoice umber.,inumce elute taxpayer
identification number(TIN).and the correct banking information to complete the electronic find
transfer. The necessary banking inforillationis the DepositorACCOUnFfitle', Bank Account i
\timber, Rouwig 1\utnYxr. dnii '1 j•pe of Account (either checking Saving, or'lockbox). If the
banking inforinafion changes.a new AC3H Vendor/Niiscellancous payment Enrollment Form
must be submitted toll e1:131.
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9. Requests lor.reinthursementntust tx receiyed,by the Fl3l no.laterthanikcenthcr 3l"ot•
the.next ftsc.•il year for which the reimbursenicnt.applies. Tor example.rcintburs(tiients for the i
fiscal year_ending`Sepiernbm.3'O. 2005 (must bereeiyd by the 1:131 by I)ccentlxr 31.20051 The 1
F131 tsnot:obligateJ ci reiitibti =anyiequests rcceit•,cii after that tinie.
10. This.agreementis c.t3ectise upon signature ofthe partiesatid +gill remain in effect for the
duration of the agency's participation in the task ford contingent upon approval of necessary
i'iindutg, and;unkss.tenamaaJ iniaccordance wl i the pmsisions herein. This agreement maybe
modthed tttnty nme Gy tenitenconsent ofthe parties. It mad be termipatcd at any time upon i
nititual consent of upon Britten notice from the ternliaaiing party to
the other party i least-30 d ivs prior to the termination date.
I+OIi TIIG'At.FYCV . FOR TIIC:FBI- t
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aeT �� : NiEF aie Special Agent,it Char Date
J
Contractin Officer Date
FBI I leadgwmers .
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