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FBI Undercover Operations — Part 1
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(1) The illegal nature of the activity is
reasonably clear-to potential subjects: and
(2) The nature of any inducement offered is
justifiable in view of the character of the
illegal transaction in which the individual is
invited to engage; and
(3) There is a reasonable expectation that
offering the inducement will reveal illegal
activities; and
(4) One of the two following limitations is met:
(i) There is reasonable indication that the
subject is engaging, has engaged, or is
likely to engage in the illegal activity
proposed or in similar illegal conduct; or,
(ii) The opportunity for illegal activity has
been structured so that there is reason to
believe that any persons drawn to the
opportunity, or brought to it, are
predisposed to engage in the contemplated
illegal conduct.
C. Exception
The alternative requirements of subparagraph B(4),
while not required by law, are imposed to ensure that
the Government does not offer inducements to engage in
crime to persons who are not predisposed to do so.
These standards can be waived only by the Director upon
a written finding that the activities are necessary to
protect life or prevent other serious harm.
MONTTORING AND CONTROL OF UNDERCOVER OPERATIONS
a EE EER OF UNDERCOVER OPERATIONS _
A. Preparation of Undercover Employees, Informants, and
Cc
cooperating Witnesses
(1) Prior to the investigation, the SAC or a
designated Supervisory Special Agent shall review with
each undercover employee the conduct that the
undercover employee is expected to undertake and other
conduct that may be necessary during the investigation.
The SAC or Agent shall discuss with each undercover
employee any of the sensitive or fiscal circumstances
specified in paragraphs IV.C(1) or (2) that are
reasonably likely to occur.
(2) Each undercover employee shall be instructed that
he or she shall not participate in any act of violence;
initiate or instigate any plan to commit criminal acts;
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