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FD-759(Rev, 5-25-95) @ @..... 11/03/1998 To: SAC, Pittsburgh Atin: VIOLENT CRIMES Section For FBI Field Office use only cm# 4024 From: SAC = = ” / Notification of SAC Authority Granted for Use of CONSENSUAL Monitoring Equipment (Check only one) IX] Routine Use C1 Emergency Use-Sensitive Circumstances (cannot exceed Title: JOHN P. MURTHA-MEMBER OF CONGRESS CCSCAKA-THREAT This form must be typewritten & submitted within 10 working days of the date authority is granted as shown in Item 5 below. 1. Reason for Proposed Use: (Check) 2. Type of Equipment: (Check) O Corroborate 1 Protect O Protect Collect ( Transmitter/Receiver O Concealed Recorder Testimony Consenting Government Evidence O CCTV/Audio & Video (1 CCTV Video only Party Property Q Microphone & Telephone O Other (Specify) O Other (Specify) 4. Se _— Title if Public Official) & others as yet unknown. 3. Consenting Party (Identify ONLY on Field Office Copy) ff Nonconfidential Party QO Confidential Source O Cooperative Witness Duration of Proposed use: 6. Equipment Concealed: 7. City & State where Equipment will Authorized On: 10/29/1998 O Ina Motel Rm. ® Ina Telephone be used: Q For the duration of Investigation Ina Residence CO Ona Person JOHNSTOWN, PA O For 30 days (Emergency NTCM usage) O In a‘Vehicle Expiring On: Other (Specify) VOICE MAIL 8. The following mandatory requirements have been met: f@ Consenting party has agreed to testify; Consenting party has executed a consent form; & i Recording/transmitting device will be activated only when consenting party is present. 9. Government Attorney in judicial district where monitoring and/or recording will take place has been contacted; foresees no entrapment; & concurs in the use of the technique. f Yes OF No Date of Contact: Identity of Govt. Atty: AUS Judicial District: WD 10/30/1998 10. —- Violation{s): Title(s) 18 = Sec(s) 115@)(1)@) usc 11. DOJ notification required O Yes f No. If "Yes" check reason below: NOTE: Requests for Routine NTCM usage involving any of the 7 sensitive circumstances requires a teletype to HQ prepared in the format described in the MIOG, Part Il, Section 10-10.3(8). Request for Emergency NTCM usage involving item 6 below requires immediate contact with the FBIHQ substantive desk for DOJ approval. The 7 sensitive circumstances do not apply to thé use of CCTV video only. 1. 1 Interception relates to an investigation of a member of Congress; a Federal Judge; a member of the Executive Branch at Executive Level !V or above; or a person who has served in such capacity within the previous 2 years. 2. C1 Interception relates to an investigation of any public official and the offense investigated is one involving bribery; conflict of interest; or extortion relating to the performance of his/her official duties. 3. O Interception relates to an investigation of a Federal law enforcement official. 4. G Consenting/nonconsenting party is a member of the diplomatic corps of a foreign country. +, 5..0 Consenting/nonconsenting party is or has been a member of the Witness Security Program and that fact is known to the agency involved or its officers. . 6. 0 Consenting/nonconsenting party is in the custody of the Bureau of Prisons or the U.S. Marshals Service. 7. O Attorney General; Deputy Attorney General; Associate Attorney General; Assistant Attorney General for the Criminal Division; or the U.S. Attorney in the district where an investigation is being conducted has requested the investigating agency to obtain prior written consent for making a consensual interception in a specific investigation. 1 ynopsis of Case: (Attach additional page | necessary “On 12/3/97. Jin a telephone conversation with an insurance agent regarding a disputed claim , threatened the life of the insurance agent and Congressman Murtha, among others. | initially transported by local police department to a local hospital for psychiatric evaluation,| "___pubsequently prosecuted by local authorities regarding the threats directed toward the insurance agent, and on 9/2/98, was convicted in a jury trial. On 10/15/98, was sentenced on the state charges to five years probation and ordered to undergo mental health evaluation. On 7/8/98 as convicted in federal court in a jury trial of the threats directed toward Congressman Murtha. Sentence pending in federal court. Field Approval 13. Justification statement necessitating emergency authorization: 14. Ci Emergency 30 day authorization granted due to imminent need (within 48 hours) for use of consensual monitorifezielicS(sijawhic 15. the handling of this request in the usual maimers _-O1 Other (Attach Additional Page to Specify)Sarialized, ‘L89A-PG-64410-ELA _ (Office ELK CHES 16, Unit Chief (if Sensitive Circumstances Exist) PHWijr Filed mae: Signature Date: —________ OK OU t6-b4410-Lza—