Laboratory Counsel (LC) Frank Dickson has issued a memo to Lab managers regarding a criminal investigation presently underway by the FBI and Office of the United States Attorney. The following was taken from the memo, in addition to containing other guidance.

The Federal Bureau of Investigation, in conjunction with the United States Attorney's Office, is conducting a criminal investigation at the Laboratory regarding allegations of security violations. The Laboratory is cooperating fully in this investigation.

We have been in communication with the United States Attorney's Office regarding the Laboratory's continuing desire to assist them and the FBI in any appropriate way while at the same time insuring that the University's interests are being protected. One part of this effort is for us to be fully informed about and have a good record of the documents which are being requested and to be aware of the Laboratory employees that are being interviewed. We have an understanding with the U. S. Attorney on the major elements of this guidance.

Documents

The U. S. Attorney's Office has agreed to provide Laboratory Counsel with a copy of all documents which have already been acquired by the FBI. However, to avoid unnecessary retrieval and duplication by the FBI, we are requesting that to the extent practicable, Laboratory employees who have already provided copies of documents to the FBI also provide copies to Laboratory Counsel. Please also notify Laboratory Counsel if you have provided electronic information to the FBI. Pam Maloney is the contact person at Laboratory Counsel to whom this information should be provided. She can be reached at 7-3766.

From today forward, documents or computer data contemporaneously sought by the FBI in the course of an interview should be copied in duplicate by the employee. The employee will provide one set of copies to the FBI and one set to Laboratory Counsel, along with the name of the FBI representative to whom the delivery was made, the date of delivery and the name of the Laboratory employee. While generally, copies of requested documents, not originals, will be provided, if the FBI notifies you or one of your employees that an original is needed for evidentiary purposes it may be provided and a copy made for Laboratory Counsel. You should ask for a note or receipt from the FBI agent for the document that is to be taken before it is in fact delivered to the FBI agent. This process includes both existing Laboratory documents and any documents which the FBI asks Laboratory employees to create, whether in hard copy or electronic form.

The procedures described above will apply in all cases except where the volume of copies or computer media is significant, or where the request is directed toward institutional data. In those cases, or in cases of general requests for documents not made in connection with an interview, the employee should forward the FBI's request and responsive documents to Laboratory Counsel. Laboratory Counsel will arrange for copying and delivery of those documents to the FBI, and retain copies for the Laboratory. In the case of electronic media requested by an FBI agent where the agent is concerned about potential delay in following this process, the FBI agent, the U.S. Attorney's Office, and the Laboratory Counsel will immediately work to arrive at a satisfactory solution to address the FBI agent's concern over the potential delay.

There are certain exceptions to the general rule that you may provide documents directly to FBI agents. Documents containing personal information require special handling and should be provided to Laboratory Counsel for review and processing before they are released to FBI agents. Personal information means information that identifies or describes an individual. Personnel, payroll, attendance and medical files are examples of files that typically contain personal information. In the unusual circumstance where a document is marked "attorney-client privilege" or "attorney work product," those documents should not be released to FBI agents until they have been reviewed by Laboratory Counsel.

The agreement with the U. S. Attorney is that if you or your employees have any questions or concerns about providing a particular document, you should consult with our office before it is released; and we will work to resolve the issue.

Interviews

FBI agents will continue to conduct interviews with Laboratory employees. If an employee is contacted for an interview, it is important that he/she know that it is every employee's individual, personal decision as to whether to be interviewed by the FBI agents. It is each employee's right to deal directly with FBI agents without counsel or to confer with counsel prior to dealing with FBI agents. If employees consent to interviews, they should be aware that they have a right to first consult with counsel of their choice and to have counsel or another third party of their choice present. If the FBI objects to the presence of a third party at the interview, our office should be contacted and we will attempt to resolve the issue with the U. S. Attorney's Office. Our office is available to provide guidance and counsel to employees and be present at the interviews if requested. This same guidance applies to interviews by representatives of the U. S. Attorney's Office.

Currently, FBI agents are conducting interviews. In the future, attorneys from the U. S. Attorney's Office may decide to conduct interviews themselves. Arrangements for interviews by FBI agents are to be made through ISEC; and interviews in which the U. S. Attorney's Office is to be involved are to be arranged through our office. Interviews may be scheduled at a time and place convenient to the employee. Any employee who is being asked for an interview who has not heard from ISEC or Laboratory Counsel should call either of us before arrangements for interviews are confirmed or an interview is commenced.

In all cases, if Laboratory managers are contacted for interviews, Laboratory Counsel should be notified before the interview occurs.

It is possible that either the U. S. Attorney's Office or the FBI will seek signed, written statements from Laboratory employees. Please contact our office if such statements are requested. Employees should have legal advice before signing written statements.

Under all circumstances, it is essential that Laboratory employees be truthful in responding to any questions at any interview or during any contact.

Please call Chris Chandler or Sheila Brown at 667-3766 or me at 667-3970 if you have any questions or would like further clarification of the issues discussed above.