(a) Upon request of a defendant who articulates a reasonable basis for the belief that a
particular law enforcement officer's personnel and/or internal affairs file may contain discoverable
information, the United States shall proceed as follows:
(1) Local Personnel Records. The United States Attorney for the District of the Virgin
Islands must request that the Attorney General of the Virgin Islands search for and review all
personnel and internal affairs files of such local, non-federal, law enforcement personnel, past or
present, and report the results of such search and review to the United States Attorney. The report
must contain the substance of all disciplinary reports, citizen complaints, departmental and/or
agency complaints, including any disposition; medical and/or psychological information which
could reasonably bear on the officer's ability to observe, perceive or relate events, or which could
affect such officer's credibility; positive drug and/or alcohol testing results; criminal charges
whether prosecuted or not; the substance of all internal affairs investigative files including all
allegations and dispositions; all misconduct complaints and reports; any other acts and
information, whether substantiated or not, which could reasonably bear on the officer's credibility
or character for truthfulness. If the United States Attorney believes that portions of the information
contained in the report should not be disclosed, the attorney for the United States may request a
protective order under Federal Rule of Criminal Procedure 16(d)(1).
(2) Federal Personnel Records. The United States Attorney must request that the in-
house counsel of the federal agency search for and review all personnel and internal affairs files
of such federal law enforcement personnel, past or present, and report the results of such search
and review to the United States Attorney. The report must contain the substance of all disciplinary
reports, citizen complaints, departmental and/or agency complaints, including any disposition;
medical and/or psychological information which could reasonably bear on the employee's ability
to observe, perceive or relate events, or which could affect such person's credibility; positive
drug and/or alcohol testing results; criminal charges whether prosecuted or not; the substance of all internal
affairs investigative files including all allegations and dispositions; all misconduct complaints and reports;
Case: 3:25-mc-00003-RAM-GAT Document #: 10-2 Filed: 01/30/26 Page 8 of 10
any other acts and information, whether substantiated or not, which could reasonably bear on the person's
credibility or character for truthfulness. If the United States Attorney believes that portions of the
information contained in the report should not be disclosed, the attorney for the United States may request
a protective order under Federal Rule of Criminal Procedure 16(d)(1).
(b) The attorney for the United States must disclose information from a report submitted
under subsection (a) that is material to the preparation of the defendant's defense and discoverable
pursuant to law, subject to any protective order issued by the Court.
(c) If a search and review of records conducted under subsection (a) reveals nothing to be
disclosed, the attorney for the United States must file a statement including the following
information: (i) that a search was conducted; and (ii) the extent of the United States Attorney's
Office's efforts with respect to the search.
