Criminal Law

Table of Contents

The Attorney General's Guidelines Regarding the Use of Confidential Informants

  1. General Provisions
    1. Purpose and Scope
    2. Definitions
      1. "Department of Justice Law Enforcement Agency" or "JLEA"
      2. "Field Manager"
      3. "Senior Field Manager"
      4. "Federal Prosecuting Office" or "FPO"
      5. "Chief Federal Prosecutor"
      6. "Confidential Informant" or "CI"
      7. "Cooperating Defendant/Witness"
      8. "Source of Information"
      9. "High Level Confidential Informant"
      10. "Tier 1 Otherwise Illegal Activity"
      11. "Tier 2 Otherwise Illegal Activity"
      12. "Fugitive"
      13. "Confidential Informant Review Committee" or "CIRC"
    3. Prohibition on Commitments of Immunity by Federal Law Enforcement Agencies
    4. Revealing a Confidential Informant's True Identity
    5. Duty of Candor
    6. Maintaining Confidentiality
    7. Exceptions and Dispute Resolution
    8. Rights of Third Parties
    9. Compliance
  2. Registering a Confidential Informant
    1. Suitability Determination
      1. Initial Suitability Determination
      2. Continuing Suitability Review
      3. Review of Long-Term Confidential Informants
    2. Registration
    3. Instructions
    4. Special Approval Requirements
      1. High Level Confidential Informants
      2. Individuals Under the Obligation of a Legal Privilege of Confidentiality or Affiliated With the Media
      3. Federal Prisoners, Probationers, Parolees, Detainees, and Supervised Releasees
      4. Current or Former Participants in the Witness Security Program
      5. State or Local Prisoners, Probationers, Parolees, or Supervised Releasees
      6. Fugitives
  3. Responsibilities Regarding Registered Confidential Informants
    1. General Provisions
      1. No Interference With An Investigation of a Confidential Informant
      2. Prohibited Transactions and Relationships
    2. Monetary Payments
      1. General
      2. Prohibition Against Contingent Payments
      3. Approval for a Single Payment
      4. Approval for Annual Payments
      5. Approval for Aggregate Payments
      6. Documentation of Payment
      7. Accounting and Reconciliation Procedures
      8. Coordination With Prosecution
    3. Authorization of Otherwise Illegal Activity
      1. General Provisions
      2. Authorization
      3. Findings
      4. Instructions
      5. Precautionary Measures
      6. Suspension of Authorization
      7. Revocation of Authorization
      8. Renewal and Expansion of Authorization
      9. Emergency Authorization
      10. Designees
    4. Listing a Confidential Informant in An Electronic Surveillance Application
  4. Special Notification Requirements
    1. Notification of Investigation or Prosecution
    2. Notification of Unauthorized Illegal Activity
    3. Notification Regarding Certain Federal Judicial Proceedings
    4. Privileged or Exculpatory Information
    5. Responding to Requests From Chief Federal Prosecutors Regarding a Confidential Informant
    6. File Reviews
    7. Designees
  5. Deactivation of Confidential Informants
    1. General Provisions
    2. Delayed Notification to a Confidential Informant
    3. Contacts With Former Confidential Informants Deactivated for Cause
    4. Coordination With Prosecutors

The following Guidelines regarding the use of confidential informants are issued under the authority of the Attorney General as provided in sections 509, 510, and 533 of title 28, United States Code. They apply to the use of confidential informants in criminal investigations and prosecutions by Department of Justice law enforcement agencies and federal prosecuting offices as specified in paragraph (I)(A) below.