Report: The Office of Criminal Enforcement, Forensics and Training Incorporated Essential Discovery Elements into Its Policies and Procedures, but Additional Training Could Improve Awareness
Report # 24-E-0021, February 15, 2024
Why We Did This Report
We conducted this evaluation to determine whether the EPA’s collection, retention, and production of mandatory criminal discovery materials adhered to requirements in the U.S. Constitution’s due process clauses, the Brady Doctrine, the Jencks Act, and the Federal Rules of Criminal Procedure.
What We Found
We did not identify any specific circumstances where the EPA Office of Criminal Enforcement, Forensics and Training (OCEFT) did not adhere to criminal discovery requirements regarding the collection, retention, and production of material. OCEFT has incorporated essential elements of discovery obligations, such as the Brady Doctrine, the Jencks Act, and the Federal Rules of Criminal Procedure, into its criminal investigations policies and procedures to facilitate required discovery disclosures. We found that some special agents employed investigative procedures that deviated from OCEFT procedures, such as using a personal camera for investigative activities and not retaining a digital recording of a voicemail. The procedural deviations that we identified were not violations of discovery requirements; however, they present an investigative process risk that could negatively impact discovery during criminal proceedings.
Report Materials
