Informants and Undercover Investigations

Maple Valley, Washington, USA

Informants and Sources Defined
Generally
Federal Bureau of Investigation
Drug Enforcement Administration
U.S. Immigration and Customs Enforcement
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Internal Revenue Service
U.S. Marshals Service
Central Intelligence Agency
State and Local Law Enforcement Agencies
Motivations to Cooperate as an Informant
Generally
Money
Fear of Punishment
Fear of Criminal Associates and Revenge
Citizen Informants
Walk-In Informants
Jailhouse Informants
Furloughed Prisoners
Repentance
Excitement
Police Buffs
The Double Agent
Unwitting Informants
Brokered Informants
Recruiting Informants
Ruby Ridge
Factors in Recruiting
Arrested Defendants
Old Cases
“Immunity” and Compelled Testimony
Negotiated Plea Agreements
Nonprosecution Agreements
Other Recruiting Strategies
Sources of Compensation for Informants
Generally
DEA Awards and Compensation to Cooperating Individuals
Tax Responsibilities
Immigration and Customs Enforcement Awards and Compensation to Sources
Federal Bureau of Investigation
Compensation for FBI Informants and Confidential Sources
Informant Lawsuits
Trafficker Directed Funds
Whistleblowers
Sharing of Federally Forfeited Property with State and Local Agencies
Cooperation and Contingency Fee Agreements
Generally
Proprietary Agreements
Contingent Fee Agreements
Contingent Fee Agreements and the Courts
Fifth Circuit
Eighth Circuit
Informant Documentation and Identification
Generally
Documentation Data Format
Informant Code Numbers and Assumed Names
Once Documented, Who “Owns” the Informant?
Undercover Purchases of Evidence by
Informants and Probable Cause
Generally
The Controlled Undercover Purchase of Evidence
Initial Informant Debriefing
Search of Informant and Vehicle
Funds Provided for the Purchase of Evidence
Observation of the CI Entering and Exiting the Location
Postbuy Informant Search
Follow-Up Informant Debriefing
Informant’s Statement
Informant Purchases
Informant Introduction of Undercover Agent
Corroboration of Informant Information
Generally
Surveillance
Mail Covers
“Trash Runs”
Telephone Toll Records
Credit Card and Financial Records
Criminal History Record Systems
National Crime Information Center (NCIC)
Information Obtained from Public Record Sources
Polygraph Examination of Informants
Informants and Electronic Surveillance
Generally
Consensual Telephone Conversation Intercepts
Concealed Transmitters
Tape Recorders
Establishing Consent
Video Surveillance
Use of Informants in Telephone Wiretaps
Controlling the Informant
Generally
Agents and Prosecutors
Investigations
Governmental Liability for Torts Committed by Informants
Applicable FTCA
Intentional Torts Exception
Development of the Entrapment Defense
Application of the Entrapment Defense
Evidence of Government Inducement
Proving Predisposition
Timing of Predisposition
The Witness Security Program
Historical Overview of the U.S. Witness Security Program
Administration and Eligibility for the Witness
Security Program
Informants, Aliens, and Nonfederal Witnesses
Program Participant’s Financial Obligations
Psychological Testing and Evaluation
Memorandum of Understanding
Denying Admission to the Witness Security Program
Entering the Program
Requests for Witness to Return to Danger Area for Court Appearances, Pretrial Conferences, and Interviews
WITSEC Participants as Informants
Ejection from the WITSEC Program
Short-Term Protection Program
The Emergency Witness Assistance Program
Witness Protection Alternatives Offered by Investigative Agencies
Criminalizing Acts Taken against Witnesses
Crimes Committed by WITSEC Participants
Liability Issues at the State and Local Level
Prisoner–Witnesses
Appendix I
Appendix II
Appendix III
Appendix IV
Appendix V
Index