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HomeMy WebLinkAboutContract 42666CITY SECRETARY CONTRACT NO 4 �Z b NORTH TEXAS ASSET FORFEITURE FINANCIAL CRIMES TASK FORCE MEMORANDUM OF UNDERSTANDING PURPOSE This Memorandum of Understanding (MOU) is executed in order to memorialize the agreement and set forth the terms and conditions between the Internal Revenue Service, Criminal Investigation (IRS -CI) and Fort Worth Police Department (hereinafter known as "the Department "), which have agreed to combine investigative efforts with the following agencies /departments in the Dallas Field Office (hereinafter know as "the Field Office "), Internal Revenue Service, Criminal Investigation Forth Worth Police Department Dallas Police Department Flower Mound Police Department Plano Police Department Arlington Police Department Smith County District Attorney's Office Jefferson County District Attorney's Office Denton County District Attorney's Office. AUTHORITY The Secretary has authority to investigate money laundering operations under 18 U.S.C. Sections 981, 1956(e) and 1957(e). The Secretary has delegated that authority to the Commissioner of IRS where the underlying conduct is subject to investigation under the Internal Revenue Code, or the Bank Secrecy Act, as amended, 31 U.S.0 Section 5311- 5332. Treasury Directive (T.D.) 15 -42: "Delegation of Authority to Commissioner to Investigate Violations of 18 USC 1956 and 1957 ". The Secretary has also delegated to the Commissioner of IRS the authority to investigate possible criminal violations of 31 Code of Federal Regulations (CFR) Part 103. Treasury Directive (T.D.) 15 -41 (Dec. 1, 1992). MISSION OF THE TASK FORCE The mission of the Task Force will be to develop and assist with criminal investigations and asset forfeitures of illegal activities within the Field Office. The emphasis of the Task Force is to pursue investigations on individuals and organizations that will result in FOR OFFICIAL USE ONLY oFricIAL RECORD', Neither it nor its contents maybe released without authorization by IRS -CI Hpat4TWeWCRETARY FT. WORTH, TX criminal prosecutions and large asset forfeitures in investigations arising out of the analysis of Suspicious Activity Reports (SARs) filed by financial institutions pursuant to Title 31 of the United States Code. The Task Force will work in coordination with the United States Attorney's Office(s) within the Field Office to determine the types of activities that merit investigation and are allied to the investigation and prosecution strategy. PERSONNEL 1) During the period of the assignment, the representatives remain under the supervision of their respective departments. However, the day -to -day supervision of employees shall rest with the Task Force Supervisory Special Agent (SSA). 2) IRS -CI, will assign one SSA and one or more Special Agents as needed by the Task Force. IRS -CI will be responsible for the management, supervision and coordination of all investigative and operational activities. The United States Attorney will also designate a point of contact for consultation regarding the selection of targets for investigation, and for obtaining legal assistance in such investigations, including but not limited to grand jury subpoenas, tax disclosure orders, ex parte orders (other than tax), search and seizure warrants and any motions or pleadings required by the Civil Asset Forfeiture Reform Act (CAFRA). 3) Task Force personnel shall adhere to all Department of Treasury and IRS -CI policies and procedures. Where Treasury and /or IRS -CI policies are in conflict with the policies and procedures of the member's department, the Department may request in writing to the Task Force SSA that its employee follow the policies and procedures of the Department. If the Task Force SSA does not assent to the request, the Special Agent in Charge (SAC) and Chief Law Enforcement Officer of the respective department will resolve the matter. Failure to adhere to established policies and procedures may be grounds for immediate removal of the officers from the Task Force. 4) Personnel assigned to the Task Force shall be designated as full or part time in accordance with an agreement with their respective departments. It is understood that personnel assigned to the Task Force may continue to have duties (training, administrative duties, etc.) that are linked to their respective departments. 5) It is agreed that the Task Force SSA will contact the immediate supervisor (or other department designee) of any personnel assigned whose performance or conduct is questioned. The matter will be addressed in coordination with the department supervisor /designee. FOR OFFICIAL USE ONLY Neither it nor its contents may be released without authonzation by IRS -CI Headquarters. 2 6) During the period of assignment, each department representative will report to his /her department for personnel administrative matters. Each department shall be responsible for pay, overtime, annual leave, performance evaluations, insurance coverage and other benefits of its employees. Upon the establishment of a State and Local Overtime (SLOT) Agreement, departments will be reimbursed for overtime and related travel, as well as, lease expenses for vehicles for full time task force officers from the Treasury Forfeiture Fund, upon submission of Department of Treasury Form 9972, Request for Reimbursement of Joint Operation Expenses. This form, with necessary documentation, will be submitted monthly to the IRS -CI Task Force Coordinator. 7) Task force operations shall be conducted as joint operations with all participating agencies /departments acting as partners in the endeavor. 8) The Task Force SSA shall be a member of IRS -CI. The SSA shall be responsible for the day -to -day administration of the Task Force and with the input of the participating agencies /departments, shall establish the direction and any internal policy for the Task Force. ADMINISTRATIVE ISSUES 9) All computer and related equipment assigned to the Task Force personnel will be used for official purposes only, and remains the property of the Task Force. 10) The IRS -CI Task Force Coordinator will be responsible for the oversight and administration of all equitable sharing distributions. 11) The Task Force will be located at 8404 Esters Boulevard, Suite 100, Irving, TX 75063. IRS -CI will provide all necessary secretarial, clerical, automation and technical support (regarding IRS -CI issued equipment) for the Task Force. 12) In no event will the member departments charge IRS -CI for administration or implementation of this memorandum of understanding. 13) All members of the Task Force agree not to knowingly act unilaterally on any matter affecting the task force without first coordinating with the IRS -CI SSA. STATE AND LOCAL LAW ENFORCEMENT DETAIL TO IRS -CI FOR OFFICIAL USE ONLY Neither it nor its contents may be released without authorization by IRS -CI Headquarters. 3 14) Personnel from state and local law enforcement departments assigned full or part time to the Task Force shall be detailed, per 5 USC §3374(a)(2), as IRS -CI Task Force Officers. 15) No action will be taken by any task force officer, utilizing their authority, under 26 USC § 7608(b) (1) and (2), without approval of the IRS -CI SSA. INVESTIGATIVE MATTERS 16)IRS -CI will provide the necessary funds for the investigative expenses, and for the purchase of evidence and information that relates to investigations and intelligence gathering (unless the cost is considered a grand jury expense). 17) The Task Force investigative procedures will conform to the requirements for Federal prosecutions. All prosecutions shall be initially referred to the United States Attorney's Office(s) within the Field Office. The United States Attorney's Office may then recommend referral for state charges. In the event that prosecution does not lie with that office, or there is a conflict as to the proper venue or jurisdiction, any dispute shall be resolved by agreement of all parties having an interest in the investigation. 18) Access to and use of task force records will be in accordance with Federal Law and Department of Treasury and IRS -CI regulations and policy, including but not limited to the Freedom of Information and Privacy Acts. 19) The IRS is responsible for tax administration and the investigation of criminal violations of the Internal Revenue Code, (Title 26, United States Code). Internal Revenue code, Section 6103, restricts the disclosure of tax or tax return information except as provided by Section 6103. Reports recommending the prosecution of persons for criminal tax violations are subject to review by IRS Criminal Tax Counsel. Prosecution reports must also be referred to the Department of Justice (Tax Divisions) for their review and approval prior to prosecution. INFORMANTS 20)AII confidential and cooperating witnesses exclusively developed through the Task Force will be opened as IRS -CI informants, sources, assets or cooperating witnesses, and handled in accordance with IRS -CI guidelines, policy and procedures. FOR OFFICIAL USE ONLY Neither it nor its contents may be released without authorization by IRS -CI Headquarters. 4 21) IRS -CI, as permitted by Federal law, agrees to pay reasonable and necessary informant expenses incurred by the Task Force. IRS -CI must approve all informant related expenses before they are incurred. FORFEITURE 22) Assets seized in connection with the Task Force will be forfeited under Federal and /or State laws. The Agreement between the IRS -CI and the Department, which have agreed to combine investigative efforts with the above named agencies /departments within the Field Office, for Equitable Sharing from Asset Seizure and Forfeiture, will be determined by agreement of all parties having an interest in the forfeiture. 23)AII sharing will be within the discretionary authority of the Department of Treasury, as provided by 31 U.S.C. § 9703 (a)(1)(G) and (h), 18 U.S.C. 981(e)(2), and the Secretary of the Treasury's Guidelines for Equitable Sharing. 24) Any release of information to the media or through a press conference concerning task force investigations will be agreed to and coordinated jointly by the participating task force agencies /departments. No release may be made by any agency /department without the prior approval of the other task force agencies /departments. Generally, the United States Attorney's Office will be the lead concerning press releases pertaining to any arrest, convictions or seizure developed by the Task Force. 25) All task force related travel will require the approval of the agency employing the individual. All individuals will be responsible for securing his /her own agency /department approval for all travel. 26) For international travel, the IRS will obtain country clearances for all task force members. For domestic travel, each agency /department member will be responsible for appropriate notifications within their own agency /department. 27) Upon approval of a SLOT Agreement, reimbursement for investigation related and training travel will be requested from the Treasury Asset Forfeiture Fund. Each participating agency /department will submit required documentation to IRS - CI coordinator monthly for travel reimbursement. LIABILITY 28) Unless specifically addressed by the terms of this MOU, the parties agree to be responsible for the negligent or wrongful acts or omissions of their respective employees. Legal representation by the U.S. is determined by the Department of FOR OFFICIAL USE ONLY Neither it nor its contents may be released without authorization by IRS -CI Headquarters. 5 Justice (DOJ) on a case -by -case basis. The IRS cannot guarantee the U.S. will provide legal representation to any Federal or State law enforcement officer or employee. 29)For the limited purpose of defending claims, arising out of TASK FORCE activity, state officers who have been specifically detailed, and who are acting within the course and scope of their official duties and assignments, pursuant to this MOU, may be considered an "employee" of the U.S. government, as defined in 28 U.S.C., Section 2671. 30) Liability for any negligent or willful acts of TASK FORCE members, undertaken outside the terms of this MOU will be the sole responsibility of the respective employee and agency /department involved. 31) Liability for violations of Federal constitutional law rests with the individual Federal agent or officer pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971) or pursuant to 42 U.S.C., Section 1983 for state officers or cross - detailed federal officers. 32) Task force officers may request representation by the U.S. Department of Justice for civil suits against them in their individual capacities for actions taken within the scope of employment. 28 C.F.R., Sections 50.15, 50.16. 33) If a task force officer is found to be liable for a constitutional tort, he /she may request indemnification from Department of Justice to satisfy an adverse judgment rendered against the employee in his /her individual capacity. 28 C.F.R., Section 50.15(c)(4). DURATION 34)The term of this MOU shall be for a period of one year from the date signed. Upon termination of the Task Force, or withdrawal by a department, all equipment and IRS -CI credentials will be returned to IRS -CI. 35) The provisions of the LIABILITY section will continue until all potential liabilities have lapsed. OTHER PROVISIONS 36)To the extent, there is any conflict between Federal law and the law of The State of Texas, Federal law controls. While state law may be used to aid in the interpretation of provisions of the MOU, which are not specifically covered by FOR OFFICIAL USE ONLY Neither it nor its contents may be released without authorization by IRS -CI Headquarters. 6 Federal law, it cannot be used to the extent it is inconsistent with any Federal law. 37) The terms of this Agreement are not intended to alter, amend, or rescind any current agreement or provision of Federal law now in effect. Any provision of this MOU, which conflicts with Federal law, will be null and void. 38) This MOU does not confer any rights or benefits on any third party. 39)This Agreement may be amended at any time by mutual written consent of all Parties. 40) Should any provision of this MOU be construed or deemed invalid or unenforceable, by reason of the operation of any law or be reason of the interpretation placed thereon by any court, this MOU shall be construed as not containing such provision, but only as to such jurisdictions where such law or interpretation is operative. The invalidity of such provision shall not affect the validity of any remaining provision hereof and all other provisions hereof which are otherwise lawful and valid shall remain in full force or effect. 41)The undersigned agree that their agency /department will participate in the Financial Crimes Task Force, and agrees that their agency /department will abide by the policies set forth herein this agreement. MODIFICATIONS 42)This memorandum of understanding may not be modified, except by addendum with written consent of all involved agencies /departments. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing in an addendum and signed by an authorized representative of each participating agency /department. Printed Name: Jeffrey W. Halstead Date: Title: Chief of Police Agency /Department: Fort Worth Police Department Ji rinted Name: Jessica f angsv�nd Date: itle: Assistant City Attorney JJ FOR OFFICIAL USE ONLY OFFICIAL RECORD'. Neither it nor its contents may be released without authorization by IRS -CI HeadquNt iTY SE wRETARY 7 FT, WORTH, TX � contract- huthorizatiOR Agency /Department: City of Fort Worth / .1 /i , M Printed lame: Charles W. Daniels Date: Title: Assistant City Manager Agency /Department: City of Fort Worth Printed Name: Marti- l- lendrix Date: 41 ZO 11 Title: City Secretary Agency /Department: City of Fort Worth a41 Printed Name: Andrea D. Whelan Date: Title: Special Agent in Charge Field Office: Dallas Field Office Agency /Department: Internal Revenue Service, Criminal Investigation OFFt'CIAL Ftf7C ;4D' FOR OFFICIAL USE ONLY C,TY ` t,lZf.TARY Neither it nor its contents may be released without authorization by IRS -CI Headqu rs. 8 WORTH, TX \ F. ge Printed Name: Andrea D. Whelan Date: Title: Special Agent in Charge Field Office: Dallas Field Office Agency /Department: Internal Revenue Service, Criminal Investigation OFFt'CIAL Ftf7C ;4D' FOR OFFICIAL USE ONLY C,TY ` t,lZf.TARY Neither it nor its contents may be released without authorization by IRS -CI Headqu rs. 8 WORTH, TX DEPARTMENT OF THE TREASURY LOCAL, COUNTY, AND STATE LAW ENFORCEMENT AGENCY REIMBURSEMENT REQUEST FOR OVERTIME COSTS AND AUTHORIZED EXPENSES ATTACHMENT TO AGREEMENT TO: ❑ ATF® IRS ❑ USCS ❑ USSS NAME OF AGENCY: Fort Worth Police Department DATE OF REQUEST: 08/01/2011 ADDRESS: 350 West Belknap OCDETF CASE: ❑ YES ® NO Fort Worth, Texas 76102 OCDETF CASE #: TAX IDENTIFICATION #: 75- 6000528 TEOAF TRACKING #: CONTACT PERSON: John Ramirez TITLE: Sr. Admin Svcs Mgr TELEPHONE: 817 - 392 -4229 ADDITIONAL INFORMATION ON OFFICER(S) BADGE DATE OF NAMES OF OFFICERS TITLES) /RANK OR lD# SSN DOB LAST FIREARMS QUAL Patrick A. Bennett Detective 2805 460 -35 -7520 06/11/71 04/25/11 Form 9973 (Rev. 6 -96) Cat. No. 22453D Department of the Treasury - Internal Revenue Service REQUEST TO ESTABLISH REIMBURSEMENT FOR LOCAL, COUNTY, AND STATE LAW ENFORCEMENT AGENCIES PARTICIPATING IN JOINT LAW ENFORCEMENT OPERATIONS WITH TREASURY LAW ENFORCEMENT AGENCIES TREASURY AGENCY: OCDETF CASE: ❑ YES ® NO TEOAF TRACKING NUMBER Internal Revenue Service (WILL BE ASSIGNED BY TEOAF) MAILING ADDRESS: OCDETF CASE #: IRS Task Force Fort Worth Police Department Annual Overtime 8404 Esters Blvd, Suite 100 FOR OVERTIME: ® YES ❑ NO Travel and Other Irving, Texas 75063 FOR OTHER: ® YES ❑ NO CONTACT PERSON: CONTACT TELEPHONE NUMBER: SSA Mark Pachares 972 - 915 -9635 817- 392 -4229 REQUEST DATE: 08/01/2011 TREASURY AGENCY FIELD OFFICE TREASURY AGENCY HEADQUARTERS APPROVAL (NAME & SIGNATURE) An ea D. Whelan APPROVAL NAME I,G TURE & DATE) fnq -- l �e. LEVI d FULL NAME, ADDRESS, TELEPHONE EXPENSES TO BE REIMBURSED ESTIMATED COSTS AND TAXPAYER IDENTIFICATION NUMBER OF LOCAL, COUNTY, STATE AGENCY Fort Worth Police Department Annual Overtime s; 5,o {} 350 West Belknap Travel and Other 41.4,00& Fort Worth, Texas 76102 75- 6000528 817- 392 -4229 TFF APPROVAL AND DATE TOTAL ESTIMATED COSTS $29,000.00 ACCOUNTING DATA „__� --- -----� BFYS H ND M'DPI N OR(I OFFICIIAL RE- CORD', PROGRAM (A ( , r,v I CITY C:FC1!tIAf%f Fi, 1rt,DRTH, TX Form 9974 (Rev 6 -96) Cat. No 224552 Department pj;_[l1<Tre�sufy- hitem8levenue Service VI 'AIt A $1f CYA AGREEMENT BETWEEN TREASURY LAW ENFORCEMENT AGENCIES and LOCAL, COUNTY AND STATE LAW ENFORCEMENT AGENCIES FOR THE REIMBURSEMENT OF EXPENSES This agreement is entered into by the City of Fort Worth, by and through the Police Department and Internal Revenue Service, Criminal Investigation, for the purpose of receiving reimbursable costs incurred by the Fort Worth Police Department in providing resources to joint operations /task forces. Payments may be made to the extent they are included in the Treasury law enforcement agency's Fiscal Year Plan, and the monies are available within the Treasury Forfeiture Fund to satisfy the request(s) for reimbursable overtime expenses. LIFE OF THIS AGREEMENT This agreement is effective on the date it is signed by both parties and terminates on the last day of the current Fiscal Year. Agreements are required on a Fiscal Year basis and must be renewed, if appropriate, by September 30th of each Fiscal Year for the following Fiscal Year. II. AUTHORITY This agreement is established pursuant to the provisions of 31 U.S.C. 9703, the Treasury Forfeiture Fund Act of 1992, which provides for the reimbursement of certain expenses of local, county, and state law enforcement agencies incurred as participants in joint operations /task forces with a Department of the Treasury law enforcement agency. III. PURPOSE OF THIS AGREEMENT This agreement establishes the procedures and responsibilities of both the Fort Worth Police Department and the Criminal Investigation, Internal Revenue Service, for the reimbursement of certain overtime and other expenses pursuant to 31 U.S.C. 9703. Form 9975 (Rev 2 -05) (at No 22456K Department of the Treasury -- Internal Revenue Service Page 1 IV. NAME OF TASK FORCE /JOINT OPERATION (If Applicable) The Name of this Task Force is North Texas Asset Forfeiture Financial Crimes Task Force. Projected Dates of Remaining Operation: 10/01/2011 to 09/30/2012. V. CONDITIONS AND PROCEDURES A. Assignment of Fort Worth Police Department Officers To the maximum extent possible, Fort Worth Police Department shall assign dedicated officer(s) to the Task Force /Joint Operations. The Fort Worth Police Department shall provide the Criminal Investigation, Internal Revenue Service, with the names, titles, badge or ID numbers of the officer(s) assigned to the Task Force /joint Operation in an attachment to this agreement. B. Requests for Reimbursement of Overtime Expenses 1. The Fort Worth Police Department may request reimbursement for payment of overtime expenses directly related to work performed by its officer(s) assigned as members of a Joint Task Force /Operation with the Criminal Investigation, Internal Revenue Service, for the purpose of conducting official Treasury investigations. 2. The Fort Worth Police Department shall provide the Criminal Investigation, Internal Revenue Service, within 10 days of the signing of this agreement, a mandatory ACH Vendor Payment Enrollment Form for Electronic Funds Transfer. 3. Invoices submitted for the payment of overtime to Fort Worth Police Department officer(s) shall be submitted on the agency's letterhead. The invoice shall be signed by an authorized representative of that agency. 4. The Fort Worth Police Department will submit all requests for reimbursable payments together with appropriate documentation to the Criminal Investigation, Internal Revenue Service, , ATTN: Mark Pachares, Supervisory Special Agent, 8404 Esters Blvd, Suite 100, Irving, Texas 75063, 972 - 915 -9635. The Fort Worth Police Department shall certify that the request is for overtime expenses incurred by the Fort Worth Police Department for Participation with a joint operation conducted with the Criminal Investigation, Internal Revenue Service. The Fort Worth Police Department shall also certify that requests for reimbursement of overtime expenses have not been made to other Federal law enforcement agencies who may also be participating with the task force /joint operation. Form 9975 (Rev. 2 -05) Cat_ No 22456k Department of the Treasury -- Internal Revenue Service Page 2 The Fort Worth Police Department acknowledges that they remain fully responsible for their obligations as the employer of the officer(s) assigned to the task force /joint operation and are responsible for the payment of overtime earnings, withholdings, insurance coverage and all other requirements by law, regulation, ordinance or contract regardless of the reimbursable overtime charges incurred. All requests for reimbursement of costs incurred by the Fort Worth Police Department must be approved and certified by the Criminal Investigation, Internal Revenue Service. The Treasury law enforcement agency shall countersign the invoices for payment. 6. All requests for reimbursement of costs are to be received by Criminal Investigation, Internal revenue Service no later than 15 days after the previous month end. These requests for reimbursement are to be for a full month time period, from the first day to the last day of the month. There should not be invoices covering only part of the month, as in 1/10104 — 1125104. The Fort Worth Police Department is limited to a maximum reimbursement for all a`}" overtime expenses in connection with this operation of $t5 669-99,per year $11, dob under this agreement. By statute, no single officer may earn more than $15,000.00 per fiscal year in overtime regardless of the number of agreements he /she is authorized on. Travel and related expenses should not exceed a maximum of 9-99 for this task force /joint operation for the Fiscal Year period. ,oeo,00 The total dollar value of this agreement may be adjusted at anytime by Criminal Investigation, Internal Revenue Service based upon the following: A) The Criminal Investigation, Internal Revenue Service may modify the total dollar obligation, resulting in an increase or decrease, if they determine that the original obligated amount is not commensurate with the rate of reimbursable requests, based on their analysis of submitted reimbursement requests. B) The adjustments to the total dollar value of this agreement may result in a partial and /or total reduction of reimbursement funds requested. Any modification made to an authorized agreement will be documented in writing and immediately provided to the impacted state and local agency. C. PROGRAM AUDIT This agreement and its procedures are subject to audit by the Criminal Investigation, Internal Revenue Service, Department of the Treasury; Office of Inspector General, the General Accounting Office, and other government designated auditors. The Fort Worth Police Department agrees to permit such audits and agrees to maintain all records relating to these transactions for a period of not less than three years; and in the event of an on -going audit, until the audit is completed. These audits may include reviews of any and all records, documents, reports, accounts, invoices, receipts or expenditures relating to this agreement; as well as the interview of any and all personnel involved in these transactions. i OFFICIAL RECORD'. CITY :aFC�FTARY Form 9975 (Rev 2 -05) Cat No 22 S6K Department of the Treasury D. REVISIONS The terms of this agreement may be amended upon the written approval of both the Fort Worth Police Department and the Criminal Investigation, Internal Revenue Service. The revision becomes effective upon the date of approval. E. NO PRIVATE RIGHT CREATED This is an internal government agreement between a Treasury Law Enforcement Agency and the Fort Worth Police Department, a Local /County /State Law Enforcement Agency, and is not intended to confer any right or benefit to any private person or party. * * * * * * * * * * * ** W, - • / S iinbtu re I Date: TEfFRWq U/• WAUMM , C#0of- poucr. Printed Name Title Fort Worth Police Department Signature Date: Printed Name Title Chief Financial Officer Fort Worth Police Department i �1�111 -1 ,-fit wN Signature Date: L121dim- Z), GJti�/�, Sl�tUaP Printed Name Title Criminal Investigation Dallas Field Office Internal Revenue Service ON�-> _ Ibis /atic - Signature rrDate: MM II Murk.- GIOI11�� 'C' Sw.nibr Printed Name Title Criminal Investigation Internal Revenue Service Washington, DC : k frn OFFICIAL R' .Ci'1RD Form 9975 (Rev 2 -05) Cat_ No 224568 Department of the Treasury -- Internal Revenue 9ervi C_ Patle 4 FT. V rZTHi, TX ,S`yEA SfrWl N I!A Criminal Investigation DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE WASHINGTON, D.C. 20224 Jeffrey W. Halstead Chief of Police Fort Worth Police Department 350 West Belknap Fort Worth, TX 76102 Dear Chief Halstead: October 21, 2011 Enclosed please find the signed copies of the agreement for reimbursement of expenses between IRS Criminal Investigation and your agency; forms 9973, 9974 and 9975. Upon receipt of the agreement from IRS Headquarters I discovered that the amounts relating to overtime and travel had been reduced. I have been assured by IRS Headquarters that the reduction is only to the initial allocation to the overtime and travel accounts and that the full $15,000 in overtime and all necessary travel funds are available. Headquarters will monitor the accounts throughout the year and add additional funds as the account balances are delyleted. IRS Criminal Investigation maintains overtime and travel accounts for over 100 Task Force Officers around the country. Over the last few years many of these accounts have had large unused balances at year end. In an attempt to more closely match funding with actual usage, Headquarters has decided to reduce the initial allocation of funds and increase the monitoring of the accounts. We apologize for any additional work this late change may cause you and your agency. In the future we will obtain Headquarters' approval of the overtime and travel funding before sending the agreements out for approval by your agency. The North Texas Asset Forfeiture Financial Crimes Task Force continues to be a success due to the contributions of all the participating agencies. We value your agency's contributions and look forward to many more successful years to come. If you have questions concerning this matter or anything else please contact Supervisory Special Agent Mark A. Pachares at 972 - 915 -9635 or Special Agent in Charge Andrea Whelan at 214 - 413 -5919. Sincerely, ?�� a, �Ijt4�- Mark A. Pachares Enclosures M &C Review CITY COUNCIL AGENDA Page 1 of 2 Official site of the City of Fort Worth, Texas FUOVORTI1 `4�_ COUNCIL ACTION: Approved on 9/28/2010 - Ord. No. 19369 -09 -2010 DATE: 9/28/2010 REFERENCE NO.: * *C -24489 LOG NAME: 35DOTIRSC12010 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize the City Manager to Execute an Agreement with the Internal Revenue Service, Criminal Investigation, for the Purpose of Receiving Reimbursable Costs in an Amount Up to $145,000.00 Over Five Years Incurred by the City in Providing Resources to Joint Operations/Task Forces and Adopt an Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an agreement with the Internal Revenue Service, Criminal Investigation, for the purpose of receiving reimbursable overtime ($15,000.00 per year) and travel and other costs ($14,000.00 per year) incurred by the City in providing resources to a Joint Operations/Task Force; 2. Authorize the agreement to be renewed for up to four one -year periods without further Council action; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $145,000.00 ($29,000.00 per year for five years) upon execution of the agreement, contingent upon receipt of funds. DISCUSSION: This agreement is established pursuant to the provisions of 31 U.S.C. 9703, the Treasury Forfeiture Fund Act of 1992, which provides for the reimbursement of certain expenses of local, county, and state law enforcement agencies incurred as participants in joint operations /task forces with a Department of the Treasury law enforcement agency. The Name of this Task Force is the "North Texas Asset Forfeiture Task Force ". The Fort Worth Police Department will assign one Detective for overtime to this Joint Task Force /Operation. The mission of the Task Force will be to develop and assist with criminal investigations and asset forfeitures of illegal activities in the North Texas area. IRS Criminal Investigation (CI) serves the American public by investigating potential criminal violations of the Internal Revenue Code and related financial crimes in a manner that fosters confidence in the tax system and compliance with the law. IRS Cl is comprised of special agents whose investigative jurisdiction includes tax, money laundering and Bank Secrecy Act laws. IRS is the only federal agency that can investigate potential criminal violations of the Internal Revenue Code. As financial investigators, the North Texas Asset Forfeiture Task Force members will fill a unique niche in the federal law enforcement community. Today's sophisticated schemes to defraud the government demand the analytical ability of financial investigators to wade through complex paper and computerized financial records. Along with their financial investigative skills, the North Texas Asset Forfeiture Task Force will use specialized forensic technology to recover financial data that may have been encrypted, password protected, or hidden by other electronic means. Additionally, the North Texas Asset Forfeiture Task Force will investigate and assist in the http: // apps .cfwnet.org /council _packet /mc_ review. asp ?ID = 14173 &councildate = 9/28/2010 11/7/2011 M &C Review Page 2 of 2 prosecution of significant financial investigations that will generate the maximum deterrent effect, enhance voluntary compliance, and promote public confidence in the tax system. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, receipt of the grant, and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund /Account/Centers 4) GR76 451802 035478499010 $29,000.00 4) GR76 451802 035478499020 $29,000.00 4) GR76 451802 035478499030 $29,000.00 4) GR76 451802 035478499040 $29,000.00 4) GR76 451802 035478499050 $29,000.00 4) GR76 5 $29,000.00 (VARIOUS) 035478499010 ) GR76 5 $29,000.00 (VARIOUS) 035478499020 ) GR76 5 $29,000.00 (VARIOUS) 035478499030 4) GR76 5 $29,000.00 (VARIOUS) 035478499040 4) GR76 5 $29,000.00 (VARIOUS)_ 035478499050 FROM Fund /Account/Centers Submitted for City Manager's Office by- Tom Higgins (6192) Originating Department Head: Additional Information Contact: ATTACHMENTS 35DOTIRSCI 2010 REC4 AO.doc Jeffrey W. Halstead (4212) Monique Lee (4221) http: // apps .cfwnet.org /council _packet /mc_ review. asp ?ID = 14173 &councildate = 9/28/2010 11/7/2011