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FBI Undercover Operations — Part 1
Page 19
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(c) A statement ‘of the period of time for which
the operation would be maintained;
(a) A description of how the requirements
concerning any inducements to be offered as
discussed in Section V.B. below have been met; and
(e) A statement of proposed expenses.
(2) Applications for approval of undercover operations
involving sensitive circumstances listed in paragraph
C(2) shall also include the following information:
(a) A statement of which circumstances are
reasonably expected to occur, what the facts are
likely to be, and why the undercover operation
merits approval in light of the circumstances,
including: a
(i) For undercover operations involving
sensitive circumstance (g), a statement why
the participation in otherwise illegal
activity is justified under the requirements
of paragraph H below, and a letter from the
appropriate Federal prosecutor pursuant to
paragraph F(2) (b);
(ii) For undercover operations involving
sensitive circumstance (1), a statement why
the infiltration or recruitment is necessary
and a description of procedures to minimize
any acquisition, retention, and dissemination
of information that does not relate to the
matter under investigation or to other
authorized investigative activity.
(b) A letter from the appropriate Federal
prosecutor indicating that he or she has reviewed
the proposed operation, including the sensitive
circumstances reasonably expected to occur, agrees
with the proposal and its legality, and will
prosecute any meritorious case that has developed.
The letter should include a finding that the
proposed investigation would be an appropriate use
of the undercover technique and that the potential
prosecutive benefits outweigh any direct costs or
risks of other harm.
(3) An application for the extension or renewal of an
undercover operation should describe the results
obtained from the operation or explain any failure to
obtain significant results and, where sensitive
circumstances are involved, should include a letter
from the appropriate Federal prosecutor favoring the
extension or renewal of authority.
12
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