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FBI Undercover Operations — Part 1
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under. paragraph N. If consultation with the SAC is impossible
and there is an immediate and grave threat to life or physical
safety (including destruction’of property through arson or
bombing), an undercover employee may participate in the otherwise
illegal activity so long as he does not take part in and makes
every effort to prevent any act of violence. A report to the SAC
shall be made as soon as possible after the participation, and
the SAC shall submit a full report to FBIHQ. FBIHKQ shall promptly
inform the members of the Undercover Operations Review Committee.
(7) Nothing in these guidelines prohibits establishing,
funding, and maintaining secure cover for an undercover operation
by making false representations to third parties in concealment
of personal identity or the true ownership of a proprietary
(e.g., false statements in obtaining driver's licenses, vehicle
registrations, occupancy permits, and business licenses) when
such action is approved in advance by the appropriate SAC.
(8) Nothing in paragraph 1(5) or (6) prohibits an undercover
employee from taking reasonable measures of self defense in an
emergency to protect his own life or the life of others against
wrongful force. Such measures shall be reported to the SAC and
the United States Attorney, Strike Force Chief, or Assistant
Attorney General as soon as possible.
(9) If a serious incident of violence should occur in the
course of a criminal activity and an undercover employee or
cooperating private individual has participated in any fashion in
the criminal activity, the SAC shall immediately inform FBIHQ.
Headquarters shall promptly inform the Assistant Attorney General
in charge of the Criminal Division.
J. Authorization of the Creation of Opportunities for
ega Activity
(1) Entrapment should be scrupulously avoided. Entrapment
is the inducement or encouragement of an individual to engage in
illegal activity in which he would otherwise not be disposed to
engage.
(2) In addition to complying with any legal requirements,
before approving an undercover operation involving an invitation
to engage in illegal activity, the approving authority should be
satisfied that
(a) The corrupt nature of the activity is
reasonably clear to potential subjects;
(b) There is a reasonable indication that the
undercover operation will reveal illegal
activities; and
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