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Confidential Informant Agreement Of Understanding
In addition to our audit of informant files, we also reviewed the field guides distributed by the FBI`s Criminal Investigation Division (CID), and the results of various criminal informant program audits. The audits included inspection reports prepared by the FBI`s Inspection Service and new investigations coordinated by the Asset Information Unit (A/IU) in the Criminal Intelligence Section of the CID. We also examined the role of confidential informant coordinators, who are non-supervisor GS-10 and GS-13 special agents, who are tasked as the primary or incidental task of assisting FBI agents in matters related to the management and operation of human sources. Confidential informant coordinators also work with confidential archival analysts to manage specific requirements for the registration and management of criminal informant program documents, problem troubleshooting and support for the training and administrative aspects of informant operations.200 We interviewed these coordinators about the work they are doing in supporting the informant program and gathered their views on the FBI`s compliance.201 To complement these findings, We also interviewed the FBI Division and the Chiefs of the Criminal Division of the U.S. Attorney`s Offices for their views on compliance aspects of confidential informant guidelines.202 As described above in this chapter , the guidelines of confidential informants allow, in certain circumstances, confidential informants to participate in otherwise illegal activities (OIA). The most serious OIA is called Tier 1 OIA, which must be authorized in advance and in writing by the deputy director of the FBI in charge of the Field Office or Division, and the relevant U.S. attorney. The authorization is valid for up to 90 days.213 “Tier 2 OIA” may be approved by a foreign service chief for up to 90 days214 and must be carried out in writing.215 Other revisions in May 2002 made only minor changes to the guidelines for confidential informants.192 In accordance with the January 2001 guidelines, Case officers working with confidential informants were literally required to read to ISCs certain instructions on the restrictions imposed on their activities. This provision was replaced in May 2002 by the requirement that the contact officer or handler be required to verify written instructions with the IC with an additional officer present as a witness. CI II guidelines.C.1. The removal of the literal requirement was necessary, according to FBI Director Mueller, because “the literal instructions written in often intimidating legal writings proved terrifying, leading confidential informants to leave the program.” 193 In order to determine whether the FBI complies with confidential information guidelines that require doJ surveillance, we interviewed the heads of the criminal division in the 93 U.S.
law firms across the country. In February 2004, eighty-one criminal police department chiefs or their representatives responded to our investigation. The results show that correctional officers are mostly satisfied with the FBI`s disclosure of confidential informants.