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FD-759(Rev. 5-25-95) ate: 11/03/1998 To: SAC, Pittsburgh Attn: VIOLENT CRIMES For FBI Field Office use only Section CM# 4024 From: SAC, PITTSBURGH (89A-PG-64410-ELA- (P) Notification of SAC Authority Granted for Uss of CONSENSUAL Monitoring Equipment Trtee aka (Check only one) ET AL; X Routine Use JOHN P. MURTHA-MEMBER OF CONGRESS Emergency Use-Sensitive Circumstances (cannot exceed. CCSCAKA-THREAT 30 davs & May be extended onlv by FBIHQ) This form must be typewritten & submitted within 10 working days of the date authority is granted as shown in Item 5 below.. 7. Reason for Proposed Use: (Check) 2. Type of Equipment: (Check) Corroborate Protect 0 Protect Collect Transmitter/Receiver Concealed Recorder Testimony Consenting Government Evidence CCTV/Audio & Video CCTV Video only Party Property 0 Microphone Telephone Other (Specify) Other (Specify) 3. Consenting Party (Identify ONLY on Field Office Copy) 4. Interceptee(s): (Include Title if Public Official) Nonconfidential Party Confidential Source Cooperative Witness &others as yet unknown. 5. Duration of Proposed use: Equipment Concealed: 7. City & State where Equipment will Authorized On: 10/29/1998 In a Motel Rm. In a Telephone be used: For the duration of Investigation In a Residence On a Person JOHNSTOWN, PA For 30 days (Emergency NTCM usage) In a'Vehicle Expiring On: Other (Specify) VOICE MAIL 8. The following mandatory requirements have boon met:. 9 Government Attorney in judicial district where monitoring and/or Consenting party has agreed to testify; recording will take place has been contacted; foresees no entrapment; Consenting party has executed a consent form; & & concurs in the use of the technique. Recording/transmitting device will be activated Yes No Date of Contact: _10/30/1998 only when consenting party is present. Identity of Govt. Atty: AUSA Judicial District: WDPA b6 10. Violation(s): Title(s) 18 Secs115a1BUSC b7C 11. DOJ notification required Yes No. If "Yes" check reason below: NOTE: Requests for Routine NTcM usage involving any of the 7 sensitive circumstances requires a teletype to HQ prepared in the format described in the MI0g, Part II, Section 10-10.3(8). Requost for Emergency NTCM usage involving item 6 below requires immediate 1. 0 Interception relates to an investigation of a member of Congress; a Federal Judge; a member of the Executive Branch at Executive Level IV or above; or a person who has served in such capacity within the previous 2 years.. 2. Interception relates to an investigation of any public official and the offense investigated is one involving bribery; conflict of interest; ot extortion relating to the performance of his/her official duties. 3. 0 Interception relates to an investigation of a Federal law enforcement official. Consenting/nonconsenting party is a member of the diplomatic corps of a foreign country.... 5.. Consenting/nonconsenting party is or has been a member of the Witness Security Program and that fact is known to the agency involved or its officers. 6. Consenting/nonconsenting party is in the custody of the Bureau of Prisons or the U.s. Marshals Service.. 7. Attorney General; Deputy Attorney General; Associate Attorney General; Assistant Attorney General for the Criminal Division; or the U.S. Attorney in the district where an investigation is being conducted has requested the investigating agency to obtain prior written consent for making a consensual interception in a specific investigation. 12. Synopsis of Case: (Attach additional page if necessary) On 12/3/97, Jin a telephone conversation with an insurance agent regarding a disputed claim , threatened the life of the insurance agent and Congressman Murtha, among others. initially transported by local police department to a. Iocal hospital for psychiatric evaluation. Subsequently prosecuted by local authorities regarding the threats directed. toward the insurance agent, and on 9/2/98, was convicted in a jury trial. On 10/15/98,. was sentenced on the state charges to five years probation and ordered to undergo mental health evaluation. On 7/8/98,. was convicted in federal court in a jury trial of the threats directed toward Congressman Murtha. Sentence pending in federal court. Field Approva! 13. Justification statement necessitating emergency authorization: 14. CDC (ifr Emergency 30 day authorization granted due to imminent need (within. Signatu 48 hours) for use of consensual monitoringdeVice(s)-whichrprecluded 15. SSA/ S the handling of this request in the usual maimor Signatu e: 10/29/98. 1-89A-PG-64410-ELA (Office ELA Case Subne)- Unit Chief (if Sensitive Circumstances Exist) PHW/jr Filed. Signature. Date: COPYS E9A-PG-644IOELA