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FBI Undercover Operations — Part 1
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authorization for the operation. Approval requires a
written determination, stating supporting facts ana
circumstances, that: ;
(a) Initiation of investigative activity
regarding the alleged criminal conduct or criminal
enterprise is warranted under any applicable
departmental guidelines;
(b) The proposed undercover operation appears to
be an effective means of obtaining evidence or
necessary information. This finding should
include a statement of what prior investigation
has been conducted and what chance the operation
has of obtaining evidence or necessary information
concerning the alleged criminal conduct or
criminal enterprise;
(c) The undercover operation will be conducted
with minimal intrusion consistent with the need to
collect the evidence or information in a timely
and effective manner;
(ad) Approval for the use of any informant or
confidential source has been obtained as required
by the Attorney General's Guidelines on Use of
Informants and Confidential Sources;
(e) Any foreseeable participation by an
undercover employee in illegal activity that can
be approved by the SAC on his or her own. authority
is justified by the factors noted in paragraph H;
(f) If there is no present expectation of the
occurrence of any of the sensitive or fiscal
circumstances listed in paragraph C, a statement
to that effect.
(2) Undercover operations may be authorized pursuant
to this subsection for up to six months and continued
upon renewal for an additional six-month period, for a
total of no more than one year. Undercover operations
initiated pursuant to this subsection may not involve
the expenditure of more than $40,000 ($100,000 in drug
cases of which a maximum of $40,000 is for operational
expenses), or such other amount that is set from time
to time by the Director, without approval from FBI
Headquarters (FBIHQ).
(3) The SAC may delegate the responsibility to
authorize the establishment, extension, or renewal of
undercover operations to designated Assistant Special
Agents in Charge. The delegation of this
responsibility by the SAC should be in writing and
5
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