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FBI Undercover Operations — Part 1

49 pages · May 09, 2026 · Broad topic: General · Topic: FBI Undercover Operations · 37 pages OCR'd
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-14- I - v c! The nature of any inducement is not unjustifiable in view of the character of the illegal transaction in which the . individual is invited to engage. ! Under the law of entrapment, inducementsmmaybe offered_ to an individual even though there is no reasonable indication that that particular individual has engaged, or is engaging, in the illegal activity that is properly under investigation. None- theless, no such undercover operation shall be approved without the specific written authorization of the Director, unless the Undercover Operations Review Committee determines See paragraph F!, insofar as practicable, that ' ' either a! there is a reasonable indication, based on information developed through informants or other means, that the subject is engaging, has engaged, or is likely to engage in illegal activity of a similar type; Q; b! The opportunity for illegal activity has been structured so that there is reason for believing that persons drawn to the opportu- nity, or brought to it, are predisposed to engage in the contemplated illegal activity. A! In any undercover operation, the decision to offer an inducement to an individual, or to otherwise invite an individual to engage in illegal activity, shall be based solely on law enfor ment considerations. K. Authorization of Investigative Interviews that are Not Part of an Undercover Operation Notwithstanding any other provision of these guidelines, routine investigative interviews that are not part of an undercover operation may-be conducted without the authorization of FBIHQ, and without compliance with paragraphs C, D, and E. These include so-called "pretext" interviews, in which an FBI employee uses an alias or cover identity to conceal his relationship with the FBI. However, this authority does not apply to an investigative interview that involves a sensitive circumstance listed in paragraph B. Any investigative interview involving a sensitive circumstance -- even an interview that is not conducted as part of an undercover operation -- may only be approved pursuant to the procedures set forth in paragraphs D, E, F, and G, or pursuant to the emergency_authority prescribed in paragraph N, if applicable.
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