Seminar on Undercover Operations

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Seminar on Undercover Operations

• By
• GPTOC
• UN ODCCP

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Undercover Operations on the Palermos Convention

• Article 20
• Special investigative techniques
• 1. If permitted by the basic principles of its
  domestic legal system, each State Party shall,
  within its possibilities and under the conditions
  prescribed by its domestic law, take the
  necessary measures to allow for the appropriate
  use of controlled delivery and, where it deems
  appropriate, for the use of other special
  investigative techniques, such as electronic or
  other forms of surveillance and undercover
  operations, by its competent authorities in its
  territory for the purpose of
• effectively combating organized crime.

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Why Use Undercover Operations?

• To target criminal acts committed by secret
  organized crime groups
• To target corrupt individuals who conspire
  together in secret
• Gather evidence that is well hidden
• In the U.S., undercover agents are used to
  authenticate their reports

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What is Undercover in the U.S.

• A technique to disguise the true identity of law
  enforcement agents
• to detect, prevent and prosecute criminal
  activities
• can include proprietary business entities or
  personnel
• can use federal, state and local officers and
  even collaborators

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Constitutional Problems

• 1st. And 4th. Amendments (freedom of speech and
  search and seizure)
• privilege will not apply to persons
• who invite conversation
• knowingly participate or remain present
• when criminal activity is open to the public

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Guidelines for UC Operations

• The risk of personal injury, property damage,
  financial loss, reputation and other harms
• The risk of civil liability and other harms to
  the government
• The risk of violating ones privacy
• Interference with privileged or confidential
  relationships
• the propriety of government involvement in
  criminal activity
• serious legal, ethical, prosecutive questions
  must be answered

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Authorization for UC Operations

• All operations must be authorized and controlled
• Three levels of oversight
• the regional SAC authorizes and sends written
  request to HQ
• the regional request is approved by HQ and
  controlled by committee
• Authorization only by the AG

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Duration of the UC Operation

• Initially for 3 months
• can be extended by the Committee for 3 month
  periods

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Prohibited Conduct

• A UC may not participate in acts of violence
• may defend himself or others
• may not instigate or initiate any plan to commit
  a crime
• may never entrap a person
• may not implant the idea to commit a crime he is
  not predisposed to commit

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What can be Authorized?

• Misdemeanors or other minor crimes
• consensual monitoring even if crime under local
  law
• purchase of stolen or contraband goods
• delivery or sale of stolen property
• controlled delivery of drugs not for re-sale
• more serious crimes but only with approval except
  in emergencies

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Preparing the UC

• The agent must be instructed in the
• prohibitions against entrapment
• rules against illegal investigative methods
• methods to discourage violence committed by
  persons under investigation

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Ethical Considerations

• the government is committing crimes
• the government knows of criminal activity and
  ignores it
• the government is involved promoting crime

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UC Operative

• Must understand the environment in which he or
  she will operate
• familiarity with customs, dress and language
• must fit in to be accepted