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FBI Undercover Operations — Part 1
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(a) to obtain information or evidence necessary
for paramount prosecutive purposes;
(6b) to establish and maintain credibility or
cover with persons associated with the
criminal activity under investigation; or
(c) to prevent or avoid the danger of death or
serious bodily injury.
(2) Participation in any activity that is proscribed
by federal, state, or local law as a felony or that is
otherwise a serious crime -- but not including the purchase
of stolen or contraband goods or the making of false representations
to third parties in concealment of personal identity or the
true ownership of a proprietary -- must be approved in
advance by an Assistant Director on the recommendation of
the Undercover Operations Review Committee pursuant to
paragraphs D-G, except that the Director's approval is -
required for participation in any otherwise illegal activity |
involving a significant risk of violence or physical injury
to individuals. Approvals shall be recorded in writing.
A recommendation to FBIHQ for approval of participation
in such otherwise illegal activity must include the views of
the United States Attorney, Strike Force Chief, or Assistant
Attorney General on why the participation is warranted.
(3) Participation in the purchase of stolen or contraband
goods, or in a nonserious misdemeanor, must be approved in
advance by the Special Agent in Charge. Approvals by the
SAC shall be recorded in writing.
(4) The FBI shall take reasonable steps to minimize
the participation of an undercover employee or cooperating
private individual in any otherwise illegal activity.
(5) An undercover employee or cooperating private
individual shall not participate in any act of violence,
initiate or instigate any plan to commit criminal acts, or
use unlawful investigative techniques to obtain information
or evidence for the FBI (e.g., illegal wiretapping, illegal
mail openings, breaking and entering, or trespass amounting
to an illegal search).
(6) If it becomes necessary to participate in otherwise:
illegal activity that was not foreseen or anticipated, an
undercover employee should make every effort to consult with
the SAC. For otherwise illegal activity that is a felony or
a serious misdemeanor, the SAC can provide emergency authorization
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