Table of Contents
Purpose and Scope
"Department of Justice Law Enforcement Agency" or "JLEA"
"Senior Field Manager"
"Federal Prosecuting Office" or "FPO"
"Chief Federal Prosecutor"
"Confidential Informant" or "CI"
"Source of Information"
"High Level Confidential Informant"
"Tier 1 Otherwise Illegal Activity"
"Tier 2 Otherwise Illegal Activity"
"Confidential Informant Review Committee" or "CIRC"
Prohibition on Commitments of Immunity by Federal Law Enforcement Agencies
Revealing a Confidential Informant's True Identity
Duty of Candor
Exceptions and Dispute Resolution
Rights of Third Parties
Registering a Confidential Informant
Initial Suitability Determination
Continuing Suitability Review
Review of Long-Term Confidential Informants
Special Approval Requirements
High Level Confidential Informants
Individuals Under the Obligation of a Legal Privilege of Confidentiality or Affiliated With the Media
Federal Prisoners, Probationers, Parolees, Detainees, and Supervised Releasees
Current or Former Participants in the Witness Security Program
State or Local Prisoners, Probationers, Parolees, or Supervised Releasees
Responsibilities Regarding Registered Confidential Informants
No Interference With An Investigation of a Confidential Informant
Prohibited Transactions and Relationships
Prohibition Against Contingent Payments
Approval for a Single Payment
Approval for Annual Payments
Approval for Aggregate Payments
Documentation of Payment
Accounting and Reconciliation Procedures
Coordination With Prosecution
Authorization of Otherwise Illegal Activity
Suspension of Authorization
Revocation of Authorization
Renewal and Expansion of Authorization
Listing a Confidential Informant in An Electronic Surveillance Application
Special Notification Requirements
Notification of Investigation or Prosecution
Notification of Unauthorized Illegal Activity
Notification Regarding Certain Federal Judicial Proceedings
Privileged or Exculpatory Information
Responding to Requests From Chief Federal Prosecutors Regarding a Confidential Informant
Deactivation of Confidential Informants
Delayed Notification to a Confidential Informant
Contacts With Former Confidential Informants Deactivated for Cause
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.
Last reviewed October 2023
Criminal Law Center Contents