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FBI Undercover Operations — Part 1
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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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