# Can you sue someone that has been relocated into the Witness Protection Program? **URL:** \ **Category:** Factual Questions\ **Created:** [July 7, 2009, 12:18am UTC](https://boards.straightdope.com/t/can-you-sue-someone-that-has-been-relocated-into-the-witness-protection-program/502144 "2009-07-07T00:18:26Z")\ **Posts on this page:** 12\ **Page:** 1
**Author:** ![CaveMike](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cavemike/32/16379_2.png) [@CaveMike](https://boards.straightdope.com/u/CaveMike)\ **Post date:** [July 7, 2009, 12:18am UTC](https://boards.straightdope.com/t/can-you-sue-someone-that-has-been-relocated-into-the-witness-protection-program/502144/1 "2009-07-07T00:18:26Z")
Wikipedia describes the [United States Federal Witness Protection Program](http://en.wikipedia.org/wiki/Witness_Protection_Program) as: > [@](#): > > The United States Federal Witness Protection Program is a witness protection program administered by the United States Department of Justice and operated by the United States Marshals Service that is designed to protect threatened witnesses before, during, and after a trial. The program often does this by providing witnesses with a new identity that cannot be traced back to their old one. Some of these witnesses are criminals themselves and are given immunity from prosecution in exchange for their cooperation. Is the immunity broadly given, such that the witness is immune for prosecution for _any_ crime? Or is it given only for specific crimes? Can the witness be brought up on charges for newly discovered crimes? For example, it was found that the witness committed an unknown, undisclosed murder, can he be charged? What about lesser offenses, citations, and ordinances? Are they free from outstanding parking and speeding tickets? I understand that the Federal Authorities keep close tabs on witnesses in the program, so for serious, federal matters – they can be found. But what about a state matter? Can the state force the federal government to allow prosecution? I can take a guess at the answers above, but I wonder if anyone actually knows for sure. My second question is related to civil matters. Is it possible for a citizen to sue someone in the witness protection program for something that occurred before they entered the program? Is there a way for a private citizen to get restitution from a witness after they have entered the program or are they out of luck? For example, if the witness owes a building contractor, can the contractor put a lien on the house or otherwise guarantee he gets paid? Thanks in advance! ---
**Author:** ![MPB\_in\_Salt\_Lake](https://avatars.discourse-cdn.com/v4/letter/m/c0e974/32.png) [@MPB\_in\_Salt\_Lake](https://boards.straightdope.com/u/MPB_in_Salt_Lake)\ **Post date:** [July 7, 2009, 12:44am UTC](https://boards.straightdope.com/t/can-you-sue-someone-that-has-been-relocated-into-the-witness-protection-program/502144/2 "2009-07-07T00:44:59Z")
CaveMike, I am certainly no expert, but I remember reading about a mafia guy who testified against his former mob buddies in exchange for immunity and enrollement in the WPP… Several years after this, he was arrested in Arizona, (where he and his family had been seceretly relocated to) and charged with being an Ecstasy kingpin, dealing millions of dollars worth, all while still in witness protection. Somehow, it came out who his true (mafia) identity was; I recall a lot of people were outraged that a former mob killer was living on the taxpayers dime, all the while getting rich slinging X. ETA—After re-reading your post, my example dosent look to be much insight for you—Sorry!!! ---
**Author:** ![UDS](https://avatars.discourse-cdn.com/v4/letter/u/ecae2f/32.png) [@UDS](https://boards.straightdope.com/u/UDS)\ **Post date:** [July 7, 2009, 12:50am UTC](https://boards.straightdope.com/t/can-you-sue-someone-that-has-been-relocated-into-the-witness-protection-program/502144/3 "2009-07-07T00:50:50Z")
If you can find him, you can sue him. The need to find your defendant in order to serve him with proceedings is a regular barrier to taking proceedings, but it’s likely to be a bigger barrier if your defendant has disappeared into the witness protection program. It’s not likely that the Feds would co-operate to help you find him. ---
**Author:** ![CaveMike](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cavemike/32/16379_2.png) [@CaveMike](https://boards.straightdope.com/u/CaveMike)\ **Post date:** [July 7, 2009, 12:56am UTC](https://boards.straightdope.com/t/can-you-sue-someone-that-has-been-relocated-into-the-witness-protection-program/502144/4 "2009-07-07T00:56:31Z")
> [@MPB\_in\_Salt\_Lake](#): > > Several years after this, he was arrested in Arizona, (where he and his family had been seceretly relocated to) and charged with being an Ecstasy kingpin, dealing millions of dollars worth, all while still in witness protection. Thanks, it is interesting nonetheless. The wiki link mentions that the rate of re-offenses is 17% compared to 40% for non-WPP criminals. It makes sense that the rate would be lower though considering the witnesses are specifically monitored. ---
**Author:** ![Hirundo82](https://avatars.discourse-cdn.com/v4/letter/h/919ad9/32.png) [@Hirundo82](https://boards.straightdope.com/u/Hirundo82)\ **Post date:** [July 7, 2009, 1:04am UTC](https://boards.straightdope.com/t/can-you-sue-someone-that-has-been-relocated-into-the-witness-protection-program/502144/5 "2009-07-07T01:04:22Z")
> [@CaveMike](#): > > Is it possible for a citizen to sue someone in the witness protection program for something that occurred before they entered the program? Is there a way for a private citizen to get restitution from a witness after they have entered the program or are they out of luck? For example, if the witness owes a building contractor, can the contractor put a lien on the house or otherwise guarantee he gets paid? According to the US Marshals Service’s [page on the Witness Security program](http://www.usmarshals.gov/witsec/index.html): > [@](#): > > In both criminal and civil matters involving protected witnesses, the Marshals Service cooperates fully with local law enforcement and court authorities in bringing witnesses to justice or in having them fulfill their legal responsibilities. You may able to serve the USMS with the papers and they make sure the protected person gets them, and handles getting them to and from court if necessary. ---
**Author:** ![MPB\_in\_Salt\_Lake](https://avatars.discourse-cdn.com/v4/letter/m/c0e974/32.png) [@MPB\_in\_Salt\_Lake](https://boards.straightdope.com/u/MPB_in_Salt_Lake)\ **Post date:** [July 7, 2009, 1:09am UTC](https://boards.straightdope.com/t/can-you-sue-someone-that-has-been-relocated-into-the-witness-protection-program/502144/6 "2009-07-07T01:09:31Z")
Also, the low recidivism rate could show that its hard to start back up into crime when you are in an area where you (supposedly) dont know anyone, and are not around all your old criminal contacts… (though in the case of Ecstasy guy I talked about, it apparently didnt keep him clean) ---
**Author:** ![Bijou\_Drains](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bijou_drains/32/2814_2.png) [@Bijou\_Drains](https://boards.straightdope.com/u/Bijou_Drains)\ **Post date:** [July 7, 2009, 1:16am UTC](https://boards.straightdope.com/t/can-you-sue-someone-that-has-been-relocated-into-the-witness-protection-program/502144/7 "2009-07-07T01:16:01Z")
The Arizona guy was Sammy “the Bull” Gravano. He was the main witness against John Gotti, he was the #2 man to Gotti. Goodfellas was about Henry Hill, he was eventually kicked out of the WPP after a while and he has been arrested since then. ---
**Author:** ![CaveMike](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cavemike/32/16379_2.png) [@CaveMike](https://boards.straightdope.com/u/CaveMike)\ **Post date:** [July 7, 2009, 1:25am UTC](https://boards.straightdope.com/t/can-you-sue-someone-that-has-been-relocated-into-the-witness-protection-program/502144/8 "2009-07-07T01:25:59Z")
> [@UDS](#): > > If you can find him, you can sue him. Sure, that’s what I assume too. In some cases, it would be known that a witness entered the program, right? A witness might testify at a publicized trial and then he and his family ‘evaporate’. Is there a mechanism by which you can sue this person? Or is there a way to compel the federal government to cooperate? For example, Nicole Brown’s family sued O.J. for effectively her murder. Consider a crime that was granted immunity from federal prosecution – can it still be subject to a civil case? ---
**Author:** ![UDS](https://avatars.discourse-cdn.com/v4/letter/u/ecae2f/32.png) [@UDS](https://boards.straightdope.com/u/UDS)\ **Post date:** [July 7, 2009, 1:51am UTC](https://boards.straightdope.com/t/can-you-sue-someone-that-has-been-relocated-into-the-witness-protection-program/502144/9 "2009-07-07T01:51:22Z")
> [@CaveMike](#): > > Sure, that’s what I assume too. > > In some cases, it would be known that a witness entered the program, right? A witness might testify at a publicized trial and then he and his family ‘evaporate’. Is there a mechanism by which you can sue this person? Yes, there is; the same mechanism by which you can sue anyone else. You issue and serve proceedings. > [@CaveMike](#): > > Or is there a way to compel the federal government to cooperate? Well, the link from **Hirundo82** says that they _will_ co-operate. But I suspect that means that, if you succeed in serving, they won’t prevent the defendant from turning up to answer the claim. And if you serve, e.g., a witness summons, they’ll bring him along. But I doubt if they will serve the summons for you; hell, they won’t even confirm or deny that your defendant is in the witness protection program. They’ll co-operate with _law enforcment authorities and court agencies_, which I think is not the same as co-operationg with provate individuals who have a dispute that they want to litigate. > [@CaveMike](#): > > For example, Nicole Brown’s family sued O.J. for effectively her murder. Consider a crime that was granted immunity from federal prosecution – can it still be subject to a civil case? I would think so, yes. Immunity from prosecution binds the state, preventing it from acting in a particular way. I don’t see that it would bind private individuals. OJ does in fact have immunity (not because it was granted by an executive act, but under the double jeopardy rule) but that didn’t stop a civil action for wrongful death. ---
**Author:** ![CaveMike](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cavemike/32/16379_2.png) [@CaveMike](https://boards.straightdope.com/u/CaveMike)\ **Post date:** [July 7, 2009, 2:00am UTC](https://boards.straightdope.com/t/can-you-sue-someone-that-has-been-relocated-into-the-witness-protection-program/502144/10 "2009-07-07T02:00:33Z")
Thanks for the linked answer **Hirundo82** ; I’m not sure how I missed your post earlier. Thanks **UDS** for pointing it out. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [July 7, 2009, 2:47am UTC](https://boards.straightdope.com/t/can-you-sue-someone-that-has-been-relocated-into-the-witness-protection-program/502144/11 "2009-07-07T02:47:33Z")
> [@UDS](#): > > Well, the link from **Hirundo82** says that they _will_ co-operate. But I suspect that means that, if you succeed in serving, they won’t prevent the defendant from turning up to answer the claim. And if you serve, e.g., a witness summons, they’ll bring him along. But I doubt if they will serve the summons for you; hell, they won’t even confirm or deny that your defendant is in the witness protection program. They’ll co-operate with _law enforcment authorities and court agencies_, which I think is not the same as co-operationg with provate individuals who have a dispute that they want to litigate. Shouldn’t be that hard to get a court order compelling them to testify or answer your complaint or appear or whatever, then. > [@](#): > > Also, the low recidivism rate could show that its hard to start back up into crime when you are in an area where you (supposedly) dont know anyone, and are not around all your old criminal contacts… The relocated witness gets lots of new stuff paid for and gets a stipend from Uncle Sam until they find a job. I’d guess that being able to live a comfortable lifestyle on the up-and-up is all it takes to keep most from reoffending. ---
**Author:** ![UDS](https://avatars.discourse-cdn.com/v4/letter/u/ecae2f/32.png) [@UDS](https://boards.straightdope.com/u/UDS)\ **Post date:** [July 7, 2009, 3:27am UTC](https://boards.straightdope.com/t/can-you-sue-someone-that-has-been-relocated-into-the-witness-protection-program/502144/12 "2009-07-07T03:27:23Z")
> [@Really\_Not\_All\_That\_Bright](#): > > Shouldn’t be that hard to get a court order compelling them to testify or answer your complaint or appear or whatever, then. By “them” you mean the defendant you want to sue, not the offiicial who operate the witness protection programme, right? Actually, it’s quite hard. To start your legal proceedings, you need to issue _and serve_ a writ, summons, or whatever it may be called in the relevant jurisdiction. Until you have done that, you can;t really make much progress, or get other orders. You can apply for an order for substituted service (e.g. by pubishing the writ in a newspaper, by giving it to the defendant’s associates) if you have reason to think that the defendant is deliberately avoiding you in order to frustrate your court proceedings. But if you simly cannot find him, and if you have reason to think that he is lying low for reasons which are not avoiding being served with your writ (e.g. he is avoiding his former friends in the Mob), you could have a problem getting an order for substituted service. There is no way that you will get an order compelling the Feds to serve your proceedings for you, if only because you will be unable to prove that your defendant is in the Witness Protection Programme, and therefore that the Feds can reach him.