In the 1970s, FBI Agent Joseph Pistone worked undercover to investigate a rash of truck hijackings. He and his team gained valuable intelligence, eventually bringing down major criminal enterprises and dealing a blow to the Mob.
Infiltrating an organization that would be considered illegal by a private individual requires careful evaluation. The undercover guidelines address issues such as avoiding liability and minimizing damage to third parties.
They infiltrate criminal organizations
Infiltrating criminal organizations requires a great deal of skill and discretion, as it is often necessary to maintain a false identity for extended periods of time. This is especially challenging when dealing with criminal suspects who are often more aggressive and assertive than officers. In addition, undercover investigators who become involved in personal relationships with suspects may be at risk of being exposed to the public, resulting in privacy concerns.
Despite these risks, undercover agents are critical to a wide range of investigations, including bribery, fraud, public corruption, and offenses involving controlled substances. Unlike traditional police officers, who wear uniforms, undercover officers wear civilian clothing to avoid detection and identification as law enforcement officers.
While many law-enforcement agencies use undercover officers, some jurisdictions limit their use because of the potential for entrapment (the government induces an individual to commit a crime that would not otherwise be committed). Entrapment is a prohibited practice in all jurisdictions, and it can result in criminal charges against an officer.
FBI field divisions can delegate authority to establish or extend Group II undercover operations to designated Assistant Special Agents in Charge. However, the SAC must approve the proposed undercover operation in writing, as required by the Undercover Guidelines SS IV.B.3. In our survey, OIG learned that a field office did not obtain this written delegation prior to the launch of two undercover operations. The OIG recommends that field offices develop a standardized undercover proposal form to reduce the burden on approving ASACs.
They infiltrate law enforcement agencies
Infiltrating law enforcement agencies requires a special kind of person who is able to play the role of the suspect and get them to divulge information. These undercover agents can help identify criminal suspects, gather evidence, and arrest them. Typically, they work on a case-by-case basis and are only used in high priority investigations. Their jobs are dangerous, involving the risk of discovery by criminal suspects and even death. Undercover operations are also expensive and time consuming. The rewards, however, can be huge. They can be instrumental in exposing corruption and uncovering evidence of illegal activities that may affect a large number of people.
In one investigation, undercover agents posed as prosecutors to infiltrate a public institution that was known for corrupt practices. The FBI was able to use this tactic to obtain critical information and arrest several individuals. Another example of the effectiveness of undercover operations is the bribery and fraud scandal in Illinois that exposed local judges and lawyers who allegedly fixed cases in their favor.
In a recent survey, OIG found that most Undercover Coordinators were not satisfied with the current arrangements for submitting undercover proposals and meeting the requirements established by the Undercover Guidelines. Specifically, Coordinators stated that it would be useful to have one operating division at headquarters that is responsible for reviewing all undercover matters, regardless of whether they fall into CID or CTD.
They infiltrate political organizations
The FBI is investigating a variety of cases that involve corruption in the political process. These include bribery and other white collar crimes, and many of them require undercover agents. These investigations can be difficult and time consuming, but they are necessary to protect the public.
A number of these cases have involved undercover work in which FBI agents have exploited intimate relationships and deceived targets for their own purposes. In one case, an agent entrapped a woman into a long-term relationship and fathered her children under false pretenses. This woman was prosecuted and sentenced to more than 15 years in prison. In addition, the FBI’s practice of involving agents in personal matters can lead to ethical issues. Intimate relations are inherently trusting and forge a deeper level of connection than more casual relationships. As a result, they allow for the sharing of more confidential information. This information may conflict with the investigator’s role as an investigative officer and can create suspicion among targets and other members of the community.
Our field work has identified several problems with the FBI’s undercover operations. For example, the guidelines require an SAC or SSA to review undercover employees’ conduct on a regular basis. However, the SACs who oversee the undercover work do not always document these meetings. We recommend that the FBI consider establishing a formal position for the Undercover Coordinator. It would also be beneficial to establish a clear checklist that could help ensure compliance with the guidelines.
They infiltrate religious organizations
The infiltration of religious, community, and political groups by operatives in disguise is a controversial practice. It invades privacy and can chill speech and association by making members feel targeted and exposed to surveillance. In one well-known case, an informer infiltrated a Dallas church group and was instructed to seduce women in the organization for information. The use of this tactic is often justified as part of counterintelligence operations, but the Church Committee found that it violated civil rights and a free society.
Intimate relationships in the context of undercover work require a higher level of trust and reveal a wider range of attitudes, inclinations, and behaviors than do casual relations. They also involve a greater sense of obligation to the other person, and can lead to an exchange of confidences, some of which may clash with an individual’s public image. Intimate relationships are inherently intertwined with the performance of undercover work, and have a strong impact on third parties.
In sting operations involving proceeds of crime or money laundering, undercover officers often pose as bank employees or accountants to gain the confidence of criminal organizations and to uncover their operations. The results of this type of investigation can be dramatic and lead to multiple convictions. However, they can also be very costly for the police agency and the undercover officer.