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FBI Undercover Operations — Part 1
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designated by the Director, and’ attorneys of the Department of
Justice designated by the Assistant Attorney General in charge
of the Criminal Division, to be chaired by a designee of the
Director.
(2) Upon receipt from FBIHQ of a SAC’s application for
approval of an undercover operation, the Committee will reviéw
the application. The Justice Department members of the Committee
may consult with senior Department officials and the United
States Attorney or Strike Force Chief, as they deem appropriate.
If the Committee concurs in the determinations contained in the
application, and finds that in other respects the undercover
operation should go forward, see paragraph F(3) and (4) below,
the Committee is authorized to recommend to the Director or
designated Assistant Director, see paragraph G, that approval be
granted.
(3) - In reviewing the application, the Committee shall
carefully assess the contemplated benefits of the undercover
operation, together with the operating and other costs of the
proposed operation. In assessing the costs of the undercover
operation, the Committee shall consider, where relevant, the
following factors, among others:
(a) the risk of harm to private individuals or
undercover employees;
(b) the risk of financial loss to private individuals
and businesses, and the risk of damage liability
or other loss to the government;
(c) the risk of harm to reputation;
(d) the risk of harm to privileged or confidential
relationships;
(e) the risk of invasion of privacy;
(f) the degree to which the actions of undercover
employees or cooperating private individuals may
approach the conduct proscribed in paragraph J
below; and
(g) the suitability of undercover employees’ or
cooperating private individuals’ participating .
in activity of the sort contemplated during
the undercover operation.
(4) If the proposed undercover operation involves any of
the sensitive circumstances listed-in paragraph B, the Committee
shall also examine the application to determine whether the
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