Non-Disclosure Agreement (NDA) for Intelligence Exchange and Investigative Support Members

This Non-Disclosure Agreement (the "Agreement") is entered into by and between the Mid-Atlantic Organized Retail Crime Alliance (MAORCA), and the undersigned Intelligence Exchange Member or Investigative Support Member (the "Member").

 

1. Purpose:
The purpose of this Agreement is to ensure that all information shared or obtained during the course of participation in the Mid-Atlantic ORC Intelligence Exchange Group or Investigation Support Groups (the “Group”) remains confidential and is used solely for the purposes of the Intelligence Exchange's mission.

 

2. Confidential Information:
For the purposes of this Agreement, "Confidential Information" includes, but is not limited to, any oral or written materials relating to the investigation, including:

  • Documents, emails, images, investigative reports, case data, suspect information, surveillance footage, search warrant details, or other sensitive materials related to the Group’s operations.

  • Information provided by other Group members, law enforcement agencies, or any other source related to the Intelligence Exchange's work.

 

3. Restrictions on Disclosure:
The Member agrees that they will not disclose, disseminate, or otherwise share any Confidential Information obtained through their participation in the Group, except under the following conditions:

  • Victim Status: If the Member is an identified victim of the investigation, they may share relevant details, but the sharing of information should be minimal so as not to compromise the investigation.

  • Need-to-Know Basis: The Member may share Confidential Information only with high-level, need-to-know individuals within their own company or organization, provided those individuals are directly involved in or aware of the Intelligence Exchange's investigation.

  • Publicly Available Information: Information that is already publicly available may be discussed, but nothing further can be disclosed without prior approval.

  • Approval Requirement: It is preferred that disclosure of any materials be done by the original creator or procurer. Any disclosure of sensitive materials, including documents, emails, images, or investigative data not originally produced by the Member, must first receive clear approval from the original creator or original obtainer of such materials, if they were created by a third party (including, but not limited to, reporting from other investigators or details received from a search warrant or subpoena).

 

4. Duration of Confidentiality:
The Member’s confidentiality obligations shall continue for the duration of the investigation on the topic and shall remain in effect until the case is adjudicated. These obligations remain in effect even if the Member leaves the Group.

 

5. Consequences of Violation:
Any breach of this Agreement may result in:

  • Immediate removal from the Intelligence Exchange or Investigative Support groups

  • Reporting to the Member's company leadership

  • Potential legal action, including but not limited to criminal prosecution, to seek remedies for any damage or harm caused by the breach.
    This includes criminal violations such as:

    • Obstruction of Justice – Interfering with or delaying an investigation or the administration of justice.

    • Tampering with Evidence – Altering, destroying, or concealing evidence.

    • Unauthorized Disclosure of Confidential Information – Disclosing sensitive investigative details without authorization.

    • Violation of Privacy Laws – Disclosing personal or protected information without legal justification.

    • False Statements or Perjury – Providing false information or lying under oath in connection with the investigation.

These criminal violations may result in fines, imprisonment, and other legal penalties under applicable federal, state, or local laws.

 

6. Reporting Breaches of Confidentiality:
If the Member becomes aware of any breach of confidentiality, they must report the breach within 24 hours to either:

  • A Deputy Director of the Intelligence Exchange, or

  • The Lead Law Enforcement Investigator assigned to the case.

 

7. Whistleblower Protections:
The Member is protected from retaliation for reporting breaches of confidentiality in good faith. This protection extends to:

  • Anonymous reporting, if preferred by the Member.

  • Any retaliation against the Member for reporting a breach will be investigated, and appropriate corrective actions will be taken to ensure that the Member is not subjected to harm for fulfilling their obligations under this Agreement.

 

8. Liability Disclaimer and Indemnification

 

A. No Agency or Representation

Participants of the Mid-Atlantic Organized Retail Crime Alliance Intelligence Exchange or Investigation Support Groups act solely in their individual capacities or on behalf of their respective employers. Participation in the Group does not establish an agency, partnership, or joint venture between any participant and MAORCA.

 

B. No Assumption of Liability

MAORCA, its officers, directors, and affiliates shall not be liable for any actions, statements, decisions, or conduct of the Group members, including but not limited to:

    •    Unauthorized sharing or misuse of confidential information.

    •    Any unlawful, unethical, or negligent acts conducted by members.

    •    Actions that result in legal claims, regulatory penalties, or reputational harm.

 

C. Indemnification

Each Group participant agrees to indemnify, defend, and hold harmless MAORCA, its officers, directors, and affiliates from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or related to:

    •    The participant’s use or disclosure of information obtained through the Group.

    •    Any unlawful, negligent, or unauthorized actions taken by the participant.

    •    Violations of any applicable law, regulation, or third-party rights.

 

D. No Duty to Monitor or Enforce

MAORCA does not have a duty to monitor, control, or enforce the actions of the Group members. The organization assumes no responsibility for verifying the accuracy of shared information, ensuring compliance with laws, or preventing misuse by members.

 

E. No Guarantee of Confidentiality by Other Members

MAORCA makes no guarantees regarding the confidentiality of information shared within the Group. Members acknowledge that MAORCA shall bear no responsibility for such disclosures.

 

F. Explicit Limitation of Legal Claims Against MAORCA

Members waive any right to bring claims, lawsuits, or legal actions against MAORCA arising from their participation in the Group. This waiver includes, but is not limited to, claims related to information-sharing, decision-making, and the conduct of other members.

 

G. Termination of Membership for Noncompliance

MAORCA reserves the right to revoke any member’s participation in the Group at its sole discretion if the member is found to have engaged in unlawful, unethical, or inappropriate behavior, or otherwise acted in a manner detrimental to the organization.

 

 

9. Signing of the Agreement:
This Agreement can be signed electronically or in person, and by signing below, the Member affirms their understanding and acceptance of the confidentiality obligations outlined above.