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The Federal Witness Protection Program, also known as the Federal Witness Security (WITSEC) Program, was authorized by Congress as part of the Organized Crime Control Act of 1970. This program, which was implemented in 1971, is proclaimed to be the government's best tool in combating organized crime, drug-related crimes, terrorism, and other serious law violations. Witnesses receive protection from the U.S. Marshals Service from the time they testify before a grand jury until the trial is completed. After the trial, witnesses and their family are relocated, given new identities, and provided with monthly stipends. The U.S. Marshals Service assists protected witnesses in obtaining such services as housing, medical care, job training, and employment. Ninety-seven percent of these witnesses have criminal histories but their recidivism rate is only half of the national average. Their testimony is extremely important because they have inside information that would be difficult or impossible for law enforcement to obtain. Since witness intimidation is a pressing problem, without the protection afforded by WITSEC, many believe, most witnesses would be too afraid to cooperate with law enforcement.

From 1970 to 1996, protection was provided for more than 6,600 witnesses and 9,000 of their family members. There are about 20 to 25 witnesses added to the program each month (this number does not include dependents). According to statistics released by the program, the witnesses who have received protection have helped to bring about a conviction rate of 89% in cases in which they have testified. No witnesses who have followed the rules of the program have been killed or harmed, although about 30 people who have left the program have been murdered.

History of WITSEC and its Development

The importance of implementing this program was recognized in 1962 after the U.S. Senate organized crime hearings, commonly known as the Valachi hearings. Joe Valachi, a known mobster, agreed to testify against the Mafia organization. As a result, the Mafia allegedly placed a price tag of $100,000 on his life, but he was never killed because he was provided with federal law enforcement protection. In 1971, he died of natural causes.

The success of Valachi's protection prompted Congress to pass the Organized Crime Control Act of 1970, which allowed for the implementation of WITSEC. Initially the program was only used to house witnesses testifying in organized crime cases, but the Witness Security Reform Act of 1984 extended this protection to witnesses of any serious crime. Family members are also protected. Reflecting the changing nature of criminal activity, since the 1980s, most witnesses were involved in drug-related cases, with the Mafia accounting for only one-fifth of new witnesses. The act also authorized the victim compensation fund, which allowed the U.S. attorney general to compensate victims of crime perpetrated by protected witnesses. All financial matters and child custody issues are supposed to be resolved by the witness prior to entering the program.

Admission to WITSEC and Services Provided

Title V of the Organized Crime Control Act of 1970 gives the attorney general or a designee the power to select witnesses for WITSEC. Factors that are considered include the importance of the witnesses’ testimony in securing a conviction and the possibility that similar information might be obtained from another source. All witnesses and their family members must submit to a psychological evaluation (to determine stability and possible dangerousness to the community) and a Marshals Service Assessment (to determine suitability for the program). Witnesses are also required to sign a memorandum of understanding (MOU) that states they will testify in court, they will desist from all criminal activity, they will keep their identity a secret, and they will follow all other rules imposed upon them by the program. The Bureau of Prisons provides incarcerated witnesses with protection. The marshals are responsible for providing protection for these witnesses during transport but these witnesses are eligible to apply to WITSEC when they are released from prison.

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