Delegation of Authority to the Director, United States Secret Service, To Investigate Violations of 18 U.S.C. 1956 and 1957

[Federal Register Volume 64, Number 16 (Tuesday, January 26, 1999)]
[Notices]
[Pages 4000-4001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1733]


-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

[Treasury Directive Number 15-54]


Delegation of Authority to the Director, United States Secret 
Service, To Investigate Violations of 18 U.S.C. 1956 and 1957

January 19, 1999.
    1. Purpose. This Directive delegates to the Director, United States 
Secret Service, authority to investigate violations of 18 U.S.C. 1956 
and 1957.
    2. Delegation. By virtue of the authority vested in the Secretary 
of the Treasury by 18 U.S.C. 981, 1956(e), 1957(e), and the authority 
delegated to the Under Secretary (Enforcement) by Treasury Order (TO) 
101-05, there is hereby delegated to the Director, United States Secret 
Service:
    a. investigatory authority over violations of 18 U.S.C. 1956 and 
1957 involving an offense under: 18 U.S.C. 215 (relating to commissions 
or gifts for procuring loans); 18 U.S.C. 471-473 (counterfeiting of 
obligations or securities of the United States); 18 U.S.C. 500-503 
(counterfeiting of blank or postal money orders, postage stamps, 
foreign government postage and revenue stamps, and postmarking stamps); 
18 U.S.C. 513 (relating to securities of States and private entities); 
18 U.S.C. 641 (relating to public money, property, or records); 18 
U.S.C. 656 (involving theft, embezzlement or misapplication by a bank 
officer or employee); 18 U.S.C. 657 (relating to lending, credit, and 
insurance institutions); 18 U.S.C. 658 (property mortgaged or pledged 
to farm credit agencies); 18 U.S.C. 1005 (fraudulent bank entries); 18 
U.S.C. 1006 (relating to fraudulent federal credit institution 
entries); 18 U.S.C. 1007 (relating to Federal Deposit Insurance 
Corporation transactions); 18 U.S.C. 1014 (relating to fraudulent loan 
and credit applications); 18 U.S.C. 1029 (fraud and related activity in 
connection with access devices); 18 U.S.C. 1032 (relating to 
concealment of assets from a conservator, receiver, or liquidating 
agent of a financial institution); 18 U.S.C. 1341 (relating to mail 
fraud); 18 U.S.C. 1343 (relating to wire fraud); 18 U.S.C. 1344 
(relating to bank fraud); 18 U.S.C. 1510 (obstruction of criminal 
investigations); 18 U.S.C. 1512 (tampering with a witness, victim or

[[Page 4001]]

informant); 18 U.S.C. 1513 (retaliating against a witness, victim, or 
an informant); 18 U.S.C. 1952 (interstate and foreign travel or 
transportation in aid of racketeering enterprises); 18 U.S.C. 1956 (C) 
(7) (B) (iii) (relating to an offense against a foreign nation 
involving any scheme or attempt to defraud, by or against a foreign 
bank when the financial transaction occurs in whole or in part in the 
United States); 18 U.S.C. 2314 (transportation of stolen goods, 
securities, or counterfeiting articles); 18 U.S.C. 2315 (sale or 
receipt of stolen goods or securities); or any felony violation of 
section 15 of the Food Stamp Act of 1977 (relating to food stamp fraud) 
involving a quantity of coupons having a value of not less than $5,000; 
and
    b. seizure and forfeiture authority and related authority under 18 
U.S.C. 981 and 984 relating to violations of 1956 or 1957 that are 
within the investigatory jurisdiction of Secret Service under paragraph 
2.a., and seizure authority under 18 U.S.C. 981 and 984 relating to any 
other violations of 18 U.S.C. 1956 or 1957 if the bureau with 
investigatory authority is not present to make the seizure. Property 
seized under 18 U.S.C. 981 and 984 where investigatory jurisdiction is 
with another bureau not present at the time of the seizure shall be 
turned over to that bureau.
    3. Forfeiture Remission. The Director, United States Secret 
Service, is authorized to remit or mitigate forfeitures of property 
valued at not more than $500,000 seized pursuant to paragraph 2.b.
    4. Redelegation. The authority delegated by this directive may be 
redelegated.
    5. Coordination.
    a. If at any time during an investigation of a violation of 18 
U.S.C. 1956 or 1957, Secret Service discovers evidence of a matter 
within the jurisdiction of another Treasury bureau, Secret Service 
shall immediately notify that bureau of the investigation and invite 
that bureau to participate in the investigation. Secret Service shall 
attempt to resolve disputes over investigatory jurisdiction with other 
Treasury bureaus at the field level.
    b. The Under Secretary (Enforcement) shall settle disputes that 
cannot be resolved by the bureaus. The Under Secretary (Enforcement) 
shall settle disputes over investigatory jurisdiction with the Internal 
Revenue Service in consultation with the Commissioner, Internal Revenue 
Service.
    c. With respect to matters discovered within the sole investigatory 
jurisdiction of a Department of Justice bureau or the Postal Service, 
Secret Service shall adhere to the provisions on notice and 
coordination in the ``Memorandum of Understanding Among the Secretary 
of the Treasury, the Attorney General and the Postmaster General 
Regarding Money Laundering Investigations,'' dated August 16, 1990, or 
pursuant to any such subsequent memorandum of understanding entered 
pursuant to 18 U.S.C. 1956(e) or 1957(e).
    d. With respect to seizure and forfeiture operations and activities 
within its investigative jurisdiction, Secret Service shall comply with 
the policy, procedures, and directives developed and maintained by the 
Treasury Executive Office for Asset Forfeiture. Compliance will include 
adhering to the oversight, reporting, and administrative requirements 
relating to seizure and forfeiture contained in such policy, 
procedures, and directives.
    6. Ratification. To the extent that any action heretofore taken 
consistent with this Directive may require ratification, it is hereby 
approved and ratified.
    7. Authorities.
    a. 18 U.S.C. 981, 1952, 1956, 1957, 1961, and 2341-2346.
    b. 31 U.S.C. 5311-5326 (other than violations of 31 U.S.C. 5316).
    c. 22 U.S.C. 2778.
    d. TO 101-05, ``Reporting Relationships and Supervision of 
Officials, Offices and Bureaus, Delegation of Certain Authority, and 
Order of Succession in the Department of the Treasury,'' dated October 
29, 1998, or successor documents.
    e. TO 102-14, ``Delegation of Authority with Respect to the 
Treasury Forfeiture Fund Act of 1992,'' dated January 10, 1995, or 
successor documents.
    8. Cancellation. Treasury Directive 15-54, ``Delegation of 
Authority to the Director, United States Secret Service to Investigate 
Violations of 18 U.S.C. 1956 and 1957,'' dated September 11, 1995, and 
the memorandum ``Delegation of Authority to the Director, United States 
Secret Service, to Investigate Violations of 18 U.S.C, 1956 and 1957, 
`` dated February 5, 1996, are superseded.
    9. Expiration Date. This Directive shall expire three years from 
the date of issuance unless superseded or canceled prior to that date.
    10. Office of Primary Interest. Office of the Under Secretary 
(Enforcement).
James E. Johnson,
Under Secretary (Enforcement).
[FR Doc. 99-1733 Filed 1-25-99; 8:45 am]
BILLING CODE 4810-25-P