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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 be signed in the presence of a witness or witnesses in addition to the Agent to whom the statement was made. If only one Agent is present, and no other witnesses are available, a brief explanatory note regarding the circumstances should be included in the cover page accompanying the Agent's report. A witness to a signed statement or confession should sign his full name, together with his title, or if he has no title, his address. **EFEDte: 04/28/1978 MCRT#: 0 Div: D9 Cav: SecCls: 7-12.10 Furnishing Copy of Statement Agents should not volunteer to furnish a copy of a confession or signed (or unsigned) statement to subjects or their attorneys. If any such person requests a copy after the case has been formally referred to the USA, the person requesting the copy should be referred to the USA. A case will be considered formally referred to the USA when facts are presented to him and he indicates the likelihood of ultimate prosecution. If the copy is requested prior to formal referral, it should be furnished. If the defendant, prospective defendant, or witness interviewed after formal referral offers to give a confession or signed statement only upon the condition that a copy will be given to him, the statement or confession should be taken and the copy furnished unless the USA can readily be reached for an opinion and advises to the contrary. **XEFEDte: 04/28/1978 MCRT#: 0 Div: D9 Cav: SecCls: 7-12.11 Preservation of Statement and FD-395 The original statement or confession (signed or unsigned) and the FD-395 or other original record of warning and waiver of rights should not be mutilated by punch marks, block stamps, or file numbers but should be retained and preserved in their original condition in the 1A envelope| (FD-340, FD-340b and/or FD-340c) |of the investigative case file and should not be forwarded to FBIHQ. Where an investigation results in an accumulation of a large number of statements, necessitating their retention in a place other than the 1A envelope, the statements should be retained as 1C material (FD-192A). Statements are an integral part of the investigative case file and must not be destroyed without prior FBIHQ authority. **EFEDte: 01/21/2004 MCRT#: 1315 Div: D9 Cav: SecCls: 7-12.12 Delivery to U.S. Attorney A statement or confession should be delivered at the time SESE Printed: 05/05/2004 13:08:54 Page 16