Everything Everywhere Daily: History, Science, Geography & More - The Witness Protection Program

Starting point is 00:00:00 In 1970, the United States passed the Organized Crime Control Act, which established the Witness Security Program, also known as WITSEC. Since being enacted, WITSEC has had thousands of witnesses and family members enter their program, none of whom to date have been lost under their protection. The program is a key weapon in the fight against organized crime and has been a subject of public fascination. Learn more about the Witness Security Program, why it exists and its impact on the American Justice System.

Starting point is 00:00:29 on this episode of Everything Everywhere Daily. What if your perceptions about the past were wrong? ThruLine is a podcast that takes you back in time to uncover the parts of the story that may have gone unnoticed. It effectively turned day into night. And how it shaped the world now. Time travel with us every week on the ThruLine podcast from NPR. The Witness Security Program, commonly known as the Witness Protection Program,

Starting point is 00:01:15 program was created under Title V of the Organized Crime Control Act of 1970. During the 1960s, organized crime grew in prevalence in the United States and began to dominate major urban areas. While organized crime had been around in some form since the founding of the country, the rise of organized crime within the United States can be attributed to the passage of the 18th Amendment in 1919. The 18th Amendment banned the sale production and transportation of alcohol and became known as Prohibition, a subject I covered in a previous episode. Before the passage of the 18th Amendment, organized crime in the United States operated largely on the margins of society, focusing on activities like gambling, theft, and minor rackets.

Starting point is 00:01:58 However, Prohibition created a lucrative opportunity. The high public demand for alcohol drove these fragmented criminal groups to expand their operations uniting in the pursuit of profit. Cities across the country, especially in Chicago, Boston and New York, emerged as epicenters of organized crime. For many immigrants arriving in these urban areas, the promise of stable work within these criminal families proved tempting, especially when legal employment was scarce. And as a result, these organizations rapidly grew in size and influence. Within boldened criminal syndicates now dominating the streets, violent crime surged.

Starting point is 00:02:37 One of the most notorious incidents was the St. Valentine's Day massacre in Chicago, which I also discussed in a previous episode. The shocking nature of the massacre, combined with the authority's failure to convict anyone involved, galvanized public concern, and led to greater efforts by the government to combat organized crime. Even after prohibition was repealed in 1933, organized crime didn't go away. In fact, it adapted and persisted. Corruption is widespread with politicians and law enforcement officials accepting bribes in exchange for turning a blind eye to criminal operations. Now more structured and powerful than ever, these crime families shifted their focus to other ventures, including gambling, racketeering,

Starting point is 00:03:16 extortion, and drug trafficking. Their exploits were often sensationalized in the media and became part of American culture. Law enforcement agencies like the FBI were under massive amounts of pressure to do something about these syndicates. However, there was a huge problem. Testifying against organized crime organizations is really dangerous. Cooperation with law enforcement could risk the lives of the person testifying and their family. For members of the mafia, there is a code of silence known as the Omerta. The code basically stipulates that when outsiders like law enforcement ask you questions, you do not cooperate. The main rules of the Omerta are you are not allowed to use legal aid to settle personal problems. You're expected to settle personal grievances on your own or within

Starting point is 00:04:04 the family. You should never cooperate with authorities under any circumstances. And if you are wrong convicted of someone else's crime, you are expected to serve the sentence. This also goes so far as to willfully ignore and avoid other's legal activities, so you can't be called to testify. If you violate this code, there is a high chance of violent retaliation. Informants are considered to be snitches or rats. And if you're not a member of organized crime, then you can just be flat out threatened to keep quiet. The first person to publicly speak out about the mafia was Joe Volachi, a soldier for the New York Genovese crime family, one of the five families that controlled the city.

Starting point is 00:04:47 And I have previously done an episode on the five families that you can check out. The Genevice family was the oldest organized crime family within New York. Velocci had been convicted of heroin trafficking in 1959 and had been given a 15-year sentence. It's believed that he decided to testify to avoid the death penalty for a murder-th that he committed while in prison. He claimed that the murder was committed in self-defense, as he had received a kiss of death from the family and was defending his own life from an ordered hit on him. Cooperating with the U.S. Justice Department in 1963, he testified to the Congressional McClell in hearings on organized crime. He provided information on the history,

Starting point is 00:05:27 structure, operations, and named members of the families. This testimony showed that the mafia actually existed, which was something that the FBI, under its director Jay Edgar Hoover, claimed, did not exist. As the hearings were televised to the public, the violence and intimidation that were practiced became public knowledge. However, the testimony of Joe Velocchi was a one-off event, and it wasn't as if people were lining up to testify against the mob. If law enforcement or government agencies like the FBI wanted to make progress against these organizations, they would need to offer incentives to get people to testify. Before WITSEC, the Federal Witness Protection Program was created in the 1960s.

Starting point is 00:06:11 This program was very similar to the program that was created in 1970s, but it was much more informal. They would protect witnesses within Army bases or safe houses, but it didn't focus on long-term protection and aid. Think Frank Pantangeli from The Godfather 2, who was kept in a secure facility with guards and fencing. It was from this that the Witness Security Program was created. The program states that the U.S. Attorney General can relocate and protect witnesses regarding organized or other serious crimes. These are witnesses that would be crucial to a case and would be in immediate danger if they were to testify.

Starting point is 00:06:48 The program is meant to protect witnesses and their family members who are threatened before during and after trial because of their cooperation with the government. The first decade of WITSEC was overwhelming with the program. being understaffed and promises to participants being broken. And in response, the government provided more funding and increased the number of staff within the program. The program was later amended in 1984 by the Comprehensive Crime Control Act. In 1997, another important WITSEC program was created. The Emergency Witness Assistance Program was used for immediate short-duration witness assistance.

Starting point is 00:07:24 This program is non-protective and only lasts for a maximum of 30 days. It's also important to note that states have the rights to form their own witness protection programs if they wish, although very few do so. Only six states in Washington, D.C., provide a witness protection program, and the services are far less protective. So, what services does WITSEC provide? WITSEC erases the witnesses formed identity and relocates them to a new place where they're less likely to be recognized. in these new homes, they're given a new identity and expected to live a new life. So, how does someone get in to the Witness Security program? It's actually a multi-step process.

Starting point is 00:08:08 A person may become eligible for WITSEC if they possess critical information or testimony related to a major federal or organized crime case, particularly those involving violent crime, terrorism, drug trafficking, or the mafia. Potential witnesses are typically identified, by federal law enforcement agencies, such as the FBI, DEA, ATF, and ICE. Once identified, the assistant U.S. attorney handling the case assesses the witness's potential value. This includes everything from the credibility of the witness, the importance of their testimony, and the severity of threats they face. If the prosecutor supports enrollment, they then submit a

Starting point is 00:08:47 formal request for protection to the Office of Enforcement Operations, or OEO, within the GOJ's criminal division. The OEO conducts a comprehensive review of the request. The office evaluates whether the threat is credible and imminent, whether relocation alone would be insufficient, and the logistical feasibility of long-term protection. If approved, OEO authorizes the U.S. Marshal Service to proceed with enrollment. Before final acceptance in the program, the witness has to sign a memorandum of understanding. This legally binding document outlines the witnesses' obligations, including full cooperation and truthful testimony, no contact with former criminal associates, adherence to behavioral expectations, including not committing any future

Starting point is 00:09:34 crimes, and confidentiality about their new identity and location. After acceptance, the U.S. Marshal Service begins the logistics of protection. The witness and eligible immediate family are relocated to a new undisclosed location in the United States or in some rare cases abroad. They're issued new names, social security numbers, and legal documentation such as birth certificates, driver's licenses, and sometimes employment histories. Once relocated, the Marshal Service then helps the witness get a reasonable job, assist in finding housing, and provides a substantial payment of about $60,000 a year on average. For employment, witnesses must seek employment aggressively, and if they're not doing so, they will not receive the $60,000. Also, before entering, witnesses have to pay off all their debts and complete any criminal or civil obligations. The most dangerous part of the program is when the witness is called to testify.

Starting point is 00:10:33 Security is maximized to get the witness into the courthouse using a variety of methods, including arrival by helicopter, boat, and armored cars. The Federal Bureau of Prisons will evaluate if the witness needs to be relocated to a different prison if they're already in one. Now, some of you might be thinking, most of these people are criminals. Aren't there risks in giving them new identities and giving them a new life? I think this is a good question, and one that the WITSEC program has to deal with on a regular basis. Have there been criminals who have entered the program and re-offended? Yes, there have.

Starting point is 00:11:08 In WITSEC, there is a 17% recidivism rate, but this is well below the national average of 82% for people that go to prison. If the witness is caught for a crime in their new community, federal marshals are expected to let the authorities know of their witness status to protect them. While the system isn't perfect, it has proven invaluable to investigations and in getting convictions. When a member of WITSEC is providing testimony, there has been a conviction rate of 89%, resulting in the conviction of roughly 10,000 criminals. The WITSEC program has been proven highly effective and safe for its protection. as well. There are two basic rules witnesses have to follow. Don't contact former associates or unprotected family members and don't ever return to your original location. Among the thousands

Starting point is 00:11:59 of relocated and protected people, no witness who has followed the program's rules has ever been killed or injured. From its inception in 1971 through 2024, WITSEC has protected and estimated 19,250 people, including both witnesses and their family members. numbers. Exact numbers are unknown because they obviously don't make this data public. If the estimates are correct, this averages out to about 350 people per year entering the program. Typically, about 40 to 50% are the actual witnesses with the remainder being spouses, children, or close family members who were relocated with them. The Witness Protection Program has been a key tool in the arsenal of prosecutors who are trying to fight organized crime. By providing

Starting point is 00:12:46 protection to those who can testify to crimes, it's brought thousands of some of the highest profile criminals in the country to justice. The executive producer of Everything Everywhere Daily is Charles Daniel. The associate producers are Austin Otkin and Cameron Kiefer. Research and writing for this episode was provided by Olivia Ash. Today's review comes from listener Jay Welsh 2 over on Apple Podcasts in the United States. They write, concise awesomeness. Gary's ability to craft interesting, concise content on everything,

Starting point is 00:13:19 everywhere continues to peak my interest daily. Seeing a new episode or occasionally revisiting an encore episode is like a good cup of coffee. Keep up the good work. I officially join the Completionist Club as I write this review. Well, thanks, Jay. First, let me congratulate you on your ascension to the Completionist Club. Also, if you haven't noticed, the number of encore episodes has decreased dramatically over the last month and a half. But don't worry, all the old episodes are still there if you want to listen to them. Remember, if you leave a review or some of a boostagram, you two can have it right on the show.

Everything Everywhere Daily: History, Science, Geography & More - The Witness Protection Program

There aren't comments yet for this episode. Click on any sentence in the transcript to leave a comment.