Criminal Law

Responsibilities Regarding Registered Confidential Informants

A. General Provisions

  1. No Interference With an Investigation of a Confidential Informant

    A JLEA agent must take the utmost care to avoid interfering with or impeding any criminal investigation or arrest of a CI. No agent shall reveal to a CI any information relating to an investigation of the CI. An agent shall not confirm or deny the existence of any investigation of the CI, unless authorized to do so by the Chief Federal Prosecutor; nor shall an agent agree to a request from a CI to determine whether the CI is the subject of any investigation.
  2. Prohibited Transactions and Relationships

    1. A JLEA agent shall not: (i) exchange gifts with a CI; (ii) provide the CI with any thing of more than nominal value; (iii) receive any thing of more than nominal value from a CI; or (iv) engage in any business or financial transactions with a CI. Except as authorized pursuant to paragraph (III)(B) below, any exception to this provision requires the written approval of a Field Manager, in advance whenever possible, based on a written finding by the Field Manager that the event or transaction in question is necessary and appropriate for operational reasons. This written finding shall be maintained in the CI's files.
    2. A Federal Law Enforcement agent shall not socialize with a CI except to the extent necessary and appropriate for operational reasons.
    3. In situations where a FPO is either participating in the conduct of an investigation by a JLEA that is utilizing a CI, or working with a CI in connection with a prosecution, the JLEA shall notify the attorney assigned to the matter, in advance whenever possible, if the JLEA approves an exception under paragraph (III)(A)(2)(a) or if a Federal Law Enforcement agent socializes with a CI in a manner not permitted under paragraph (III)(A)(2)(b).