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FBI Undercover Operations — Part 1
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I. INTRODUCTION
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. 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.
II. DEFINITIONS
A. "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.
B. "Undercover Operation" means an investigation. involving
a series of related undercover activities over a period of time
by an undercover employee. 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. However, undercover
activity involving sensitive or fiscal circumstances constitutes
an undercover operation regardless of the number of contacts
involved. Oo
Cc. “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.
D. "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.
E. "Appropriate Federal Prosecutor" means a United States
Attorney or Section Chief in the Criminal Division of the
Department of Justice (DOJ).
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