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FBI Undercover Operations — Part 1
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V. PROTECTING INNOCENT PARTIES AGAINST ENTRAPMENT
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A.
B.
extension, or renewal of an operation, life,
property, or personal safety of individuals would
be placed in serious danger. ;
(b) In situations which would otherwise require
approval by the Director or Deputy Director, the
SAC may approve an undercover operation when he or
she determines that the initiation, extension, or
renewal of an operation is imperative to protect
life or prevent serious injury.
Before providing authorization in these situations, the
SAC shall attempt to consult with the appropriate
Federal prosecutor and with a designated Assistant
Director.
(3) The power to provide emergency authorizations
under subparagraph (2) may not be delegated pursuant to
IV.B(3).
(4) In situations arising under subparagraph (2), a
written application for approval must be submitted to
FBIHQ within 48 hours after the operation has been
initiated, extended, or renewed, together with the
initial finding and a written description of the
emergency situation. As soon as it is notified of an
emergency authorization, FBIHQ shall notify the DOJ
members of the Undercover Review Committee. If the
subsequent written application for approval is denied,
a full report of all activity undertaken during the
course of the operation must be submitted to the
Director, who shall inform the Deputy Attorney General.
Entraprent
Entrapment must be scrupulously avoided. Entrapment
occurs when the Government implants in the mind of a
person who is not otherwise disposed to commit the
offense the disposition to commit the offense and then
induces the commission of that offense in order to
prosecute.
Authorization Requirerents
In addition to the legal prohibition on entrapment,
additional restrictions limit FBI undercover activity
to ensure, insofar as it is possible, that entrapment
issues do not adversely affect criminal prosecutions.
As a result, no undercover activity involving an
inducement to an individual: to engage in crime shall he
authorized unless the approving official is satisfied
that --
17
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