HomeMy WebLinkAboutCAG2023-548 - Original - Federal Bureau of Investigation (FBI) - MOU re: Investigative Genealogy - 10/23/2023 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form Dir Asst:
• For Approvals,Signatures and Records Management Dir/Dep:
KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional)
WASHINGTON Sheet forms.
Originator: Department:
Christy Warren for Chief Padilla Police
Date Sent: Date Required:
0 10/24/2023 N/A
CL Director or Designee to Sign. Date of Council Approval:
Q N/A
Budget Account Number: Grant?[:]YesZNo
N/A
Budget?:Yes[Z]No Type: N/A
Vendor Name: Category:
Federal Bureau of Investigation Contract
Vendor Number: Sub-Category:
= N/A Original
0
Project Name: MOU re:Investigative Genealogy
E
c Project Details: Memorandum of Understanding for Investigative Genealogy
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Agreement Amount: 0 Basis for Selection of Contractor: *Sole Source
47 `Memo to Mayor must be attached
3- Start Date: 10/20/2023 Termination Date: N/A
Q Local Business?F_1YesP'1No* If meets req uiremen ts per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace.
Business License Verification:Yes:ln-ProcessEExempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
F1Yes�✓ No CAG2023-548
Comments:
Page 6 of this packet was signed by
Oliver Cunningham
3 Special Agent assigned to Seattle FO.
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Date Routed to the City Clerk's Office: 10/24/23 Interlocal Agreement has been uploaded to website: ❑
adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20210513
MEMORANDUM OF UNDERSTANDING
INVESTIGATIVE GENEALOGY
The Federal Bureau of Investigation ("FBI") and !,'�Z AA PA Ce beP"41VW#1*"Orig1nating
Agency") consider it essential to establish an understanding regarding Investigative Genealogy
("IG") practices in investigating and prosecuting cases together. The FBI is committed to
developing practices that protect reasonable interests in privacy, while making effective use of
IG to help identify violent criminals, exonerate innocent suspects, and ensure the fair and
impartial administration of justice.
A Memorandum of Understanding(MOU) regarding IG is hereby established between the FBI
and Originating Agency. IG will be performed in an effort to identify the perpetrator or victim in
case(s) brought by the Originating Agency.
By signing this MOU,the Originating Agency and the FBI agree to the following:
CASE REQUIREMENTS
1. The case involves an unsolved violent crime, defined in the DOJ Policy as homicide or sex
crime, or when the circumstances surrounding the criminal act present a substantial and
ongoing threat to public safety or national security. This includes when a case involves the
unidentified remains of a suspected homicide victim.
2. The Originating Agency has pursued reasonable investigative leads to solve the case or
identify the unidentified human remains.
3. The investigation has developed a forensic unknown Short Tandem Repeat'("STR")DNA
profile from the evidence attributable to the perpetrator/victim in the case. The qualifying
forensic unknown STIR DNA profile has been entered into the Combined DNA Index System
(CODIS) and no hit has resulted from routine searches in the relevant State DNA Index
System(SDIS)or the National DNA Index System (NDIS).
4. The Originating Agency has obtained concurrence from their respective prosecuting agency
to utilize IG. If applicable,the concurrence should be obtained from the prosecutor
responsible for investigative genealogy,forensic science or DNA investigations.
5. The Originating Agency will submit the case to the FBI ViCAP Web National Crime Database.
FBI will provide assistance if needed.
6. The FBI will seek approval from its IG Review Board to utilize IG on the case.
1 Short tandem repeats(STRs)are short repeated sequences of DNA that are examined at 13-20 genetic
locations.The number of repeat units is highly variable among individuals,which offers a high power of
discrimination when analyzed for identification purposes.
OBTAINING A SNP PROFILE
7. The IG process requires obtaining a Single Nucleotide Polymorphism'("SNP")profile from
the DNA evidence. The FBI can advise the Originating Agency on the appropriate vendor
laboratory'to produce a SNP for IG given the amount and source of the DNA evidence. The
Originating Agency will make the decision on which vendor laboratory to utilize.
8. If the Originating Agency cannot cover the costs associated with obtaining a SNP profile,the
FBI will seek funding internally. The FBI cannot guarantee funding will be available.
GENEALOGICAL BUILD-OUT
9. The FBI and Originating Agency will each designate personnel to work together on the case
("IG Case Team"). Each member of the IG Case Team will sign the Acknowledgement Form
that they have read this Memorandum of Understanding and will abide by its provisions.
10. The Originating Agency will determine their members'level of involvement in the IG Case
Team. This can range from being notified about key developments to working closely with
the FBI on every step.
11. The IG Case Team will obtain and maintain accounts with consumer genomic companies4.
The IG Case Team will upload the SNP profile to determine the best matches. The IG Case
Team will conduct a genealogical buildout to help identify a potential suspect.
12. The 1G Case Team may utilize reference testing to assist with the genealogical buildout.
Reference testing is defined as overtly approaching a member of the public and soliciting
their voluntary cooperation to provide a DNA sample. The IG Case Team will seek knowing
and voluntary consent from third parties before collecting refence samples. This includes
being truthful about the nature of the investigation.
13. The IG Case Team will consider the totality of the available information when identifying an
individual as the contributor of the DNA profile to include but not limited to age,gender,
physical descriptors,geographic location,and criminal history. Per DOI Policy,the SNP
profile will not be used to determine the contributor's genetic predisposition for disease or
any other medical condition or psychological trait.
''Single nucleotide polymorphisms'are DNA sequence variations that occur when a single nucleotide in a
genomic sequence is altered. These variations may be used to distinguish people for purposes of
biological relationship testing_
3 Currently,no law enforcement laboratory has the capabilities to create SNP profiles.
4 Consumer genomic companies are direct to consumer businesses which offers variety of DNA genomics
tests and/or genetic genealogy services.
CONFIRMATION AND ARREST
14. When a potential offender is identified,the IG Case Team will advise the respective
prosecuting agency prior to a surreptitious DNA sample collection.
15. The IG Case Team can utilize resources across the FBI to assist the Originating Agency with
surveillance,surreptitious DNA sample collection,arrests,interviews,and searches as
needed.
16. IG is a law enforcement technique to generate investigative leads. A suspect shall not be
arrested solely based on associations determined through IG. The IG Case Team will confirm
the identity of the offender through comparison with a legally collected DNA sample prior to
charge/arrest.
17. The probable cause to charge and arrest the offender must be based on the legally collected
DNA sample comparison and confirmation. Details related to the IG process will not be
utilized as probable cause in any affidavit or other charging document. The FBI does not
object to including in an affidavit that IG was used during the course of the investigation.
The FBI can provide appropriate language if requested.
18. Originating Agency must legally obtain an additional DNA sample post arrest for comparison
and final confirmation.
DATA RETENTION AND DISCOVERY
19. After the arrest and STR confirmation of the suspect(or positive identification for human
remains),the FBI IG Case Team will request that all SNP profiles(both the suspect SNP
profiles and voluntary reference profiles)and associated account information and data held
by any vendor laboratory or genealogy company be removed from its records.
20. The IG Case Team will provide a copy of the suspect SNP profile to the Originating Agency
upon request.The genomic match lists, suspect/victim family trees and interview reports
related to reference tests will be retained by the FBI and will only be disclosed to the
Originating Agency pursuant to a court order or as required by law. in the event that
disclosure of material related to the IG investigative process is necessary, the Originating
Agency and prosecutor will seek a protective order for the material.
21. The Originating Agency should confer with its prosecuting agency regarding discovery relating
to the IG investigation prior to engaging in the IG process.
All parties to this MOU understand and agree to each of its provisions. Given the developing
nature of the IG technique,the FBI and Originating Agency may agree to exceptions to this MOU
on a case-by-case basis.
I certify that I am a duly authorized representative of the entity indicated below and have the
authority to sign this MOU on behalf of my agency and obligate it accordingly.
FOR THE ORIGINATING AGENCY:
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Signat re ,,Q� Date
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Title: PutmE C he.,o
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FOR THE FBI:
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S0ignatu Date
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Division:
ACKNOWLEDGEMENT FORM
MEMORANDUM OF UNDERSTANDING
INVESTIGATIVE GENEALOGY
I have been designated by my agency as a member of an Investigative Genealogy Case Team. I
have read the Memorandum of Understanding for Investigative Genealogy which was signed by
an authorized representative from my agency. By signing below, I certify that I understand all of
the provisions and will abide by them.
Signature Date
Name:
Title:
Agency: