Final Report of the Subcommittee on Domestic Trafficking

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Department <strong>of</strong> JusticeCivil Rights Division – Criminal SectionEmergency Witness Assistance Program (EWAP) *REPRESENTED BY:T. March Bellby Lorna GrenadierVictim Witness CoordinatorCivil Rights DivisionAVAILABILITY: DOMESTIC INTLUS Citizen LPRAdults X X XMinors X X X* Emergency funds are available for victim/witnesses to allay <strong>the</strong>ir fears aboutproviding relevant information to <strong>the</strong> government to enable <strong>the</strong>m to testify. The goal is to ensure<strong>the</strong>ir well-being and to ensure <strong>the</strong>ir availability for court proceedings or o<strong>the</strong>r activities related toan ongoing case. The program addresses <strong>the</strong> physical, mental, or emotional reservations thatwitnesses or prospective witnesses may have about participating in a specific matter before orafter <strong>the</strong>y have agreed to cooperate with, or to testify or be available for, <strong>the</strong> government.EWAP provides <strong>the</strong> U.S. Attorneys’ Offices (USAO), and litigating Divisions workingwith an Assistant U.S. Attorney, <strong>the</strong> flexibility to provide assistance to witnesses on anemergency basis where a witness has ei<strong>the</strong>r a perceived or valid threat. USAO has solediscretion to provide EWAP services to any witness or potential witness in matters opened in its<strong>of</strong>fice. EWAP is a resource <strong>of</strong> “last resort” and services and funding are limited to 30 days forup to $3,999 per witness, unless <strong>the</strong>re are extenuating circumstances.Those eligible to be considered for EWAP assistance must be ei<strong>the</strong>r a witness or apotential witness in a USAO matter or case, and citizenship and alienage are not factors.Witnesses may include illegal immigrants or victims who are also witnesses. A witness’dependents, spouse, or immediate family members are all eligible for EWAP assistance if <strong>the</strong>yare being threatened as a result <strong>of</strong> <strong>the</strong> witness’s cooperation with <strong>the</strong> government. Familymembers not testifying and who are not participating in <strong>the</strong> case or investigation are also eligiblefor assistance.44
With respect to minor victim/witnesses, <strong>the</strong> minor must be accompanied by a parent, next<strong>of</strong> kin, or legal guardian, who must sign all forms on <strong>the</strong> child’s behalf, and accompany <strong>the</strong> childif relocation is necessary. EWAP may be used to pay <strong>the</strong> expenses <strong>of</strong> <strong>the</strong> accompanyingparent(s), next <strong>of</strong> kin, guardian, or care provider. In EWAP cases where <strong>the</strong> parent(s) or legalguardian is not available, <strong>the</strong> appropriate social services agency is contacted so it can assumecustody <strong>of</strong> <strong>the</strong> child. EWAP funds may be used for a care provider or an appointed guardian, butcannot be used to pay for a guardian ad litem.EWAP expenses may include:• Relocation and moving expenses (common carrier, private vehicle, taxi, rentalcar, etc.)• Emergency telephone service to maintain contact with <strong>the</strong> government• Temporary subsistence and housing (e.g., rental deposits, application fees,utilities, etc.)• Emergency needs (clothing, furniture) when must be moved quickly• Child or senior care expenses• Miscellaneous expenses (security enhancements, drug rehabilitation)** EWAP funds are administered by <strong>the</strong> Executive Office for U.S. Attorneys.45
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Final Report of the Subcommittee on Domestic Trafficking

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