TN 1 (12-18)

GN 03312.105 Disclosure for Criminal Activity Involving SSA Programs

We may disclose program records to law enforcement agencies for certain types of criminal activity involving our programs under 20 C.F.R. § 401.155(c), upon receipt of a valid law enforcement request. Such criminal activity encompasses fraud and other abuse in Social Security programs.

We also have routine uses in most of our systems of records that allow us to release information to Federal, State, and local law enforcement agencies and private security contractors for investigations or prosecutions of persons engaging in activities that jeopardize or could jeopardize the security and safety of members of the public served by us, our employees or workplace, or that otherwise disrupt the operations of our facilities (including State Disability Determination Service facilities). When applicable, we may disclose information based on this routine use, without a valid law enforcement request.

For restrictions that may apply to the disclosure of tax return information, see GN 03320.015.

Special procedures apply to requests for testimony and requests for information made under the agency’s Touhy regulations at 20 C.F.R. Part 403. In addition, special procedures apply to requests from the Department of Justice when it requests information or testimony in civil or criminal matters and requests from the Social Security Administration’s (SSA) Office of the Inspector General (OIG) when OIG requests agency testimony. Direct these requests to the appropriate Office of the General Counsel Regional Office or at Headquarters the Office of General Law .

EXAMPLE: A valid law enforcement request seeks verification of a Social Security number (SSN) for an individual charged with fraudulently endorsing and cashing a stolen non-SSA check. The suspect represented the SSN as belonging to him or her in cashing the check. We may verify the individual’s SSN in these circumstances under 20 C.F.R. § 401.155(c). If the SSN belongs to another individual, we would usually withhold the name of the true number holder, as that information would not be relevant to the case.

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GN 03312.105 - Disclosure for Criminal Activity Involving SSA Programs - 12/21/2018
Batch run: 12/21/2018