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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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(ad) The extent to which continuation of the n investigation may cause injury, financial or otherwise, to innocent parties. H. Participation in Otherwise Illegal Activity by Undercover Employees Except when authorized pursuant to these Guidelines, no undercover employee ‘shall engage in any activity that would constitute a violation of Federal, state, or local law if engaged in by a private person acting without authorization. For purposes of these Guidelines, such activity is referred to as otherwise illegal activity. (1) Justification: No official shall recommend or approve participation by an undercover employee in otherwise’ illegal activity unless the participation is justified: (a) to obtain information or evidence necessary for the success of the investigation and -not . reasonably available without participation in the otherwise illegal activity; (b) to establish or maintain credibility of a cover identity; or (c) to prevent death or serious bodily injury. (2) Minimization: The FBI shall take reasonable steps to minimize the participation of an undercover employee in any otherwise illegal activity. (3) Prohibitions: An undercover employee shall not (a) participate in any act of violence except in self-defense; (b) initiate or instigate any plan to commit criminal acts except in accordance with Part V (Avoidance of Entrapment) below, or (c) participate in conduct which would constitute unlawful investigative techniques (e.g., illegal wiretapping, illegal mail openings, breaking and entering, or trespass amounting to an illegal search). (4) Self-Defense: Nothing in these Guidelines prohibits an undercover employee from taking reasonable measures of self-defense in an emergency to protect his or her own life or the lives of others against wrongful force. Such measures shall be reported to the appropriate Federal prosecutor and FBIHQ, who shall 14
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