More Guidance and Supervision Needed Over Federal Grand Jury Proceedings

GAO reviewed the procedural and secrecy rules related to grand jury matters and the supervision of grand jury proceedings to determine how well the criminal justice system was accomplishing the purposes of grand jury secrecy and to identify areas needing improvement. By improving the security of grand jury proceedings, the effectiveness of one of the Government's more important tools to combat organized crime, drug trafficking, and white-collar crime will be improved.

Information about grand jury proceedings has been disclosed with the result that: either witnesses had their identities revealed before any indictments were returned; reputations of persons never indicted were damaged; persons under investigations were identified before indictment; or grand jury investigations were dropped or delayed. These disclosures are often allowable, or even required, under existing laws and procedures. District courts and prosecutors should receive more definitive guidance and direction on what specific information and documents must be kept secret and on procedures for secrecy protection. Transcripts of grand jury proceedings and the deliberations and vote of the grand jury cannot be disclosed. Opinions vary as to whether the following should be kept secret: court proceedings ancillary to grand jury proceedings that deal with ongoing grand jury activities; grand jury subpoenas; evidence developed independently of, but later introduced to, the grand jury; copies of documentary materials presented to the grand jury; internal Government memorandums and other documents that tend to reveal what transpires before the grand jury; and grand juror identities while the grand jury is sitting. The Federal judiciary does not have a consistent program to ensure that Federal prosecutors properly secure grand jury materials and information to: limit access to, store, and dispose of grand jury information; identify grand jurors who have connections with persons under investigation; ensure that grand jury rooms are secure; and audit existing security procedures.

Recommendations

Our recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.

Director: Arnold P. Jones Team: General Accounting Office: General Government Division Phone: (202) 512-7797