POMS Reference

GN 03312: Disclosure for Law Enforcement Purposes

BASIC (09-05)

A. Policy

1. Disclosure Relating to Criminal Activity Involving SSA Programs

Disclosure may be made concerning criminal activity involving SSA programs. Such criminal activity encompasses:

  • fraud, and other abuse in Social Security programs (see GN 03316.005C.1.), and

  • activities of persons that jeopardize or could jeopardize the security and safety of members of the public served by SSA, SSA employees or their workplace, or that otherwise disrupt the operations of SSA facilities (including State Disability Determination Service facilities). In such instances, information may be disclosed to Federal, State, or local law enforcement agencies, as well as private security contractors (see GN 03316.005E.).

2. Criminal Activity Under Other Statutes Involving SSA Programs

SSA may disclose relevant tax return and non-tax return information to law enforcement authorities to investigate or prosecute fraud or other criminal activities under statutes within their jurisdiction involving Social Security programs upon receipt of a written request which meets the Agency’s law enforcement disclosure criteria as discussed in GN 03312.040. See GN 03320.015 for restrictions that may apply to the disclosure of tax return information.

Relevant information may be disclosed from any SSA system of records. SSA’s systems of records may be reviewed at: http://www.socialsecurity.gov/foia/bluebook/bluebook.htm.

EXAMPLE: A law enforcement request seeks verification of an SSN for an individual who has been arrested for fraudulently endorsing and cashing a stolen non-SSA check. The suspect represented the SSN as belonging to him/her in cashing the check. The SSN may be verified under these circumstances. If the SSN belongs to another individual, do not disclose the name of the true number holder.

B. Procedure

See GN 03312.001E.