Undercover cop4/7/2023 General Approval Standards: Any official considering approval or authorization of a proposed undercover application shall weigh the risks and benefits of the operation, giving careful consideration to the following factors: All joint undercover operations are to be conducted pursuant to these Guidelines. Under this authority, the FBI may participate in joint undercover activities with other law enforcement agencies and may operate a proprietary to the extent necessary to maintain an operation's cover or effectiveness. The FBI, through the development of internal policy, may choose to apply these Guidelines to certain confidential informant, cooperating witness, and cooperating subject operations by referring such matters to the Undercover Review Committee pursuant to Section IV, Paragraph (D)(6). These guidelines do not apply to investigations utilizing confidential informants, cooperating witnesses or cooperating subjects, unless the investigation also utilizes an undercover employee. The FBI may use undercover activities and conduct undercover operations, pursuant to these Guidelines, that are appropriate to carry out its law enforcement responsibilities. "Appropriate Federal Prosecutor" means a United States Attorney or Section Chief in the Criminal Division of the Department of Justice (DOJ). "Proprietary" means a sole proprietorship, partnership, corporation, or other business entity operated on a commercial basis, which is owned, controlled, or operated wholly or in part on behalf of the FBI, and whose relationship with the FBI is concealed from third parties.Į. "Undercover Employee" means any employee of the FBI, or employee of a Federal, state, or local law enforcement agency working under the direction and control of the FBI in a particular investigation, whose relationship with the FBI is concealed from third parties in the course of an investigative operation by the maintenance of a cover or alias identity.ĭ. However, undercover activity involving sensitive or fiscal circumstances constitutes an undercover operation regardless of the number of contacts involved.Ĭ. For purposes of these Guidelines, a "series of related undercover activities" generally consists of more than three separate contacts by an undercover employee with the individual(s) under investigation. "Undercover Operation" means an investigation involving a series of related undercover activities over a period of time by an undercover employee. "Undercover Activities" means any investigative activity involving the use of an assumed name or cover identity by an employee of the FBI or another Federal, state, or local law enforcement organization working with the FBI.ī. However, these techniques inherently involve an element of deception and may require cooperation with persons whose motivation and conduct are open to question, and so should be carefully considered and monitored.Ī. The use of the undercover technique, including proprietary business entities, is essential to the detection, prevention, and prosecution of white collar crimes, public corruption, terrorism, organized crime, offenses involving controlled substances, and other priority areas of investigation. Deposit of Proceeds Liquidation of Proprietaries Annual Report of the Undercover Review Committeeį. Serious Legal, Ethical, Prosecutive, or Departmenta1 Policy Questions, and Previously Unforeseen Sensitive CircumstancesĮ. Continuing Consultation with the Appropriate Federal Prosecutorĭ. Preparation of Undercover Employees, Informants, and Cooperating WitnessesĬ. MONITORING AND CONTROL OF UNDERCOVER OPERATIONSĪ. PROTECTING INNOCENT PARTIES AGAINST ENTRAPMENT Participation in Otherwise Illegal Activity by Undercover Employee Approval by the Director, Deputy Director, or Designated Assistant Director Criminal Undercover Operations Review CommitteeĮ. Operations Which Must be Approved at FPIHQĭ. Undercover Operations Which May be Authorized by the Specia1 Agent in Charge (SAC)Ĭ. They apply to all investigations conducted by the FBI, except those conducted pursuant to its foreign counterintelligence and foreign intelligence responsibilities. The following Guidelines on the use of undercover activities and operations by the Federal Bureau of Investigation (FBI) are issued under the authority of the Attorney General provided in Title 28, United States Code, Sections 509, 510, and 533. Attorney General's Guidelines on FBI Undercover Operations
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