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FBI Undercover Operations — Part 1
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_ i: LIV
92
use unlawful
investigative techniques
to obtain
information or
evidence; or
engage in
any conduct
that
would violate
restrictions on
investigative techniqu
or FBI conduct contained
in the Attorney Genera1'
Guidelines or
departmental policy;
and that,
except in
an emergency
situation as
set out in paragraph
IV.H.! d!, he
or she
shall not
participate
in
any
illegal activity
for which
authorization has
not been
obtained under
these Guidelines.
The undercover
employee
shall
be
instructed in
the law
of entrapment.
When an
undercover employee
learns
that
persons under
investigation intend
to commit
a violent
crime,
he or
she shall try to discourage the
violence.
Review of_gggduct
From time
to time,
during the
course of
the undercover
operation, the
SAC shall
review the
conduct of
the
undercover employee s!
and others
participating in
the
undercover operation,
including any
proposed or
reasonable foreseeable
conduct for
the remainder
of the
investigation. Any
findings of
impermissible condu
shall be
discussed with
the individual,
promptly
reported to
the designated
Assistant Director
and the
members of
the Undercover
Review Committee,
and_a
determination shall
be made
as
to whether
the
individual should
continue his
or her
participation in
the investigation.
Continuing Consultation
with the
Appropriate Federa
Prosecutor
Upon initiating
and throughout
the course
of_any
undercover operation,
the SAC
or a designated
Supervisory Special
Agent shall'consult
on a
continuing
basis with
the appropriate
Federal prosecutor,
particularly with
respect to
the propriety
of the
operation and
the legal
sufficiency and
quality of
evidence
that
is
being produced
by the
activity.
Serious Legal,
Ethical,_Prosecutive, or
Departmental
Policy Questions,
and Previously
Unforeseen Sensitive
Circumstances
! The SAC
shall
consult with
the
chairman of the-
Criminal Undercover
Operations Review
Committee, FBIH
whenever a
serious legal,
ethical, prosecutive,
or
departmental policy
question arises
in any
undercover
operation or
if sensitive
circumstances occur
that were
not anticipated.
The FBI
shall consult
with
the
United
States
Attorney, or Assistant
Attorney General,
or
their representative,
and with
DOJ members
of the
Undercover Review
Committee on
whether to
modify,
19
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