The source's services were lost because the organized crime figure targeted by the informant received a quantity of FBI documents under the FOIA. The crime figure displayed the documents to the informant, spread them out before him and said: "Let's see if we can find out how they got all this." Although the FBI had previously alerted the source that the organized crime figure had made an FOIA request, the source was never the same after seeing the identity of informants. The informant told the Special Agent that he had complete trust and faith in the Agent, but doubted the FBI's ability to protect information provided by its informants. The informant also pointed to the increasing popularity of the FOIA as an amusement whereby organized crime leaders obtained FBI records to taunt and intimidate members of their organizations from making any contact with law enforcement authorities. WHW 5-6.

15. An informant connected with organized crime provided information in FBI cases, including some which led directly to the identification and prosecution of several federal violators. Inquiring into a dramatic decrease in his productivity, the FBI learned that he became very circumspect after an organized crime figure requested an received under the FOIA a large volume of FBI reports, apparently in an effort to identify informants. The informant expected organized crime to make much greater use of the FOI/PA and doubted the FBI's ability to maintain control over the contents of its files. GAO 6.

a

16. DEA Agents reported that a large scale investigation of marijuana importation organization in a western city encountered FOIA-related difficulties at several junctures: throughout the investigation, witnesses expressed fear for their lives when approached by case agents; defendants were told by other members of the criminal organization that FOIA requests would enable them to identify anyone cooperating with the government; a car rental agency initially refused DEA's request for evidentiary information; and the defendant in the case, represented by attorneys who had made previous FOIA requests, appeared to have been well aware of DEA's investigative techniques. DEA, Appendix A.

17. A top organized crime figure, who was the focus of an extensive FBI undercover operation, filed an FOIA request with the FBI asking for documents relating to any electronic surveillance of him. Because the request was so narrowly framed, any FBI response other than a "no record" response would have revealed the existence of electronic surveillance. While the FOIA request was being processed, the FBI investigation was publicly revealed and the crime figure was indicted. But for the timely indictment, though, the organized crime figure would have been notified of the existence of electronic surveillance against him, possibly jeopardizing the undercover investigation. WHW 12-13.

18. Three individuals were separately contacted by the FBI in an effort to obtain their cooperation in organized crime matters. Each of these individuals advised the contacting Agent they felt their identities could not be protected due to the FOIA. It is believed these individuals would have been cooperative had they not feared the FOIA and they would have been valuable FBI informants. Because of the wide publicity which the FOIA has received, these individuals were well aware of the public's ability to gain access to information in FBI files. FBI 18.

19. An informant who had been furnishing information to Special Agents of the FBI since 1953 regarding gambling, prostitution, stolen goods, and other criminal activities stopped

furnishing any information to the FBI because he believed that the information could be disclosed under the FOI/PA. The informant felt his personal safety could be jeopardized if he were identified as an informant and he no longer wanted to take the personal risk entailed by providing information regarding criminal activities. FBI 24.

20. An organized crime figure obtained FBI documents under the FOIA. The documents included a reference to a short, unsolicited interview the FBI had held with the proprietor of a business establishment several years before. In a casual conversation with the businessman, the organized crime figure asked the businessman if he had been contacted by the FBI several years earlier. The businessman denied such a contact, and the crime figure laughed and walked off. The distraught businessman telephoned the FBI for an explanation shortly thereafter. WHW 6-7.

21. An FBI office had success in developing a number of valuable informants from a group of loan shark victims. Later, in interviews, several of these individuals stated a desire to cooperate, but refused to do so for fear that the targets of the investigation would learn their identities through an FOI/PA release. FBI 20.

22.

An informant told the FBI that members of an organized crime family in Detroit have been instructed to submit FOIA requests to the FBI in an effort to identify FBI sources. То date, 38 members and associates of the organized crime family have made FOIA requests. The list of requesters includes the head of the family, the former head, and other prominent members of the group. Through this concerted effort, the members and associates of the family have obtained over 12,000 pages of FBI documents. The family is now free to pool these materials and analyze the FBI's documents to whatever level of sophistication and scrutiny their abundant resources permit. WHW 8.

an

23. A DEA undercover investigation involving a reported organized crime figure was significantly compromised when apparent FOIA release to another member of the same criminal organization revealed the existence of DEA's ongoing investigation. The criminal activity immediately declined; a decision regarding prosecution is currently pending. DEA, Appendix A.

24. In November 1981, representatives of a law enforcement agency of a foreign country refused to supply to United States law enforcement authorities a complete list the foreign government had compiled of 100,000 members of foreign crime families, including criminal records and investigative status. The activities of these foreign crime families have become a particular concern to United States law enforcement authorities because it is believed that these crime families have become active within the United States. The foreign official denied United States law enforcement authorities' request for the information on the grounds that, pursuant to the FOIA, a member of the organized crime families could determined that the information had been furnished to the United States by a foreign country, and could further determine whether or not there was a pending investigation against him. The foreign official noted that the FOIA had no provision enabling the United States government to make a "no records" response in answer to an FOIA request from a member of the organized crime families, and that any response other than a "no records" response would provide the FOIA requester with crucial information. WHW 2-4.

25. During an FBI investigation of interstate transportation of obscene matter and interstate pimping of juvenile boys,

school officials, fearing reprisals if their testimony were released through the FOI/PA, refused to verify the boys' identities. Citizens in the community only reluctantly cooperated and appeared to be holding back valuable information. Several expressed fear that their identities would be revealed through an FOI/PA release. Most of the citizens indicated that organized crime was involved and feared their reputations would be damaged or their physical safety threatened. Once source refused to provide any information because he did not believe the FBI could protect his identity and he feared for his life. GAO 16.

26. An FBI field office informant related a conversation which occurred between himself and several organized crime figures. One individual commented that within the next few years the FBI would be severely restricted in its efforts to obtain information from confidential sources. He stated that he fully expected the provisions of the FOI/PA would be successfully utilized in identifying FBI informants. Agents who subsequently contacted this valuable source noted a subtle reluctance on his part to penetrate more fully the particular organized crime activities which he was in a position to cover. FBI 21.

27.

An FBI office in a major city received information from several reliable informants that most organized crime members in the area have been instructed to write to FBI Headquarters requesting file information pertaining to themselves. These informants have advised the sole purpose of this process is to attempt to identify informants who have supplied information to the FBI on organized crime matters. Requests have been submitted by virtually every organized crime figure in the area. FBI 21-22.

28. In a DEA case, three defendants withdrew their guilty pleas after receiving information from DEA through the FOIA. The three were ultimately sentenced to the time they had served awaiting trial. DEA, Appendix A.

29. An FBI informant, who provided information regarding gambling and organized crime in a southern city, asked to terminate his FBI association because he believed that the FBI could not sufficiently protect his identity. The source was afraid that his identity might be revealed under the FOI/PA causing him to lose his business.

GAO 19.

30. An FBI informant was well-connected to organized crime elements, but his productivity dramatically decreased. Consequently, this decrease was discussed with the informant, who stated that he had begun to doubt the FBI's ability to protect the contents of its own files and information provided by its informants. He had learned that an organized crime figure had received over 300 pages of FBI documents and was unquestionably trying to identify informants. FBI 23.

31. Gary Bowdach, a convicted loan shark and admitted murderer, testified under oath before the Senate Permanent Subcommittee on Investigations about his use of the FOIA. Bowdach stated that, while in prison, he had often filed FOIA requests simply to harass the government, particularly the government prosecutor that had convicted him. In addition, Bowdach stated that he had aided other prisoners in obtaining their files from the FBI, the DEA and other government agencies. In one case, Bowdach and another prisoner were able to identify a person they believed to be a government informant because the suspected informant's name was not completely redacted. Bowdach testified that he believed that the suspected informant was murdered because of the FOIA release. WHW 38-39.

32. The criminal informant coordinator of a northeast office of the FBI was told by an individual, who was potentially an excellent source of criminal information on the waterfront, that even though he had cooperated with law enforcement personnel in the past he would never do so again. He stated that he was afraid that one day, as the result of FOI/PA, he might "see his name in the newspaper." FBI 24.

33. An informant who was productive for many years in the area of organized crime and who furnished information resulting in numerous convictions became concerned that he might be identified. He indicated that newspaper accounts of FBI information disclosures under FOIA caused him to lose confidence in the FBI's ability to protect his identity. Because he had furnished information over a number of years, he believed it would be possible to identify him from a compilation of this information. The informant was presently in a position to furnish information on a major political corruption case, but refused to do so, stating that the more sensitive the information the more likely it was to "come out." GAO 7.

34.

An informant furnished information concerning organized crime figures and organized crime conditions. Subsequently, the source came to believe that no guarantee could be given that his identity would be protected. Accordingly, the source declined to furnish any further information to the FBI. FBI 23.

35. FBI agents working on organized crime cases in a southwestern city reported that they were excluded from intelligence meetings held by state and local law enforcement agencies. Several state law enforcement officers said that their concern over federal FOI/PA disclosures was the excluding the agents from the meetings. GAO 12.

C. Foreign Counterintelligence

reason

for

36. A United States citizen declined to cooperate with the FBI in a unique opportunity to penetrate a hostile foreign intelligence establishment located in this country. Although otherwise willing to be cooperative, the citizen advised that he feared a future release of documents under the FOIA could reveal the extent of his cooperation and damage his financial

livelihood. WHW 24.

37. An individual who had requested his identity be protected and who had provided information about a suspected foreign government intelligence officer expressed concern that he could be identified as an informant for the FBI. The individual asked the Special Agent involved in the investigation whether his identity could be protected by the government, adding that he was concerned because he wished to have future business dealings with certain foreign countries. He felt that, should his identity become known to foreign government officials, it would cause damage to his business relationships. Because of the above, this individual stated that he did not wish to be contacted on a regular basis by the FBI. FBI 26-27.

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38. An FBI Agent conducting a foreign counterintelligence investigation concerning possible loss of technology to a hostile foreign country, contacted an American businessman about research program being conducted by his company. The individual was cooperative, but refused to release a copy of a company business report to the Agent, fearing that business competitors could obtain the report through the FOIA and learn of the WHW 25. company's research activities.

39. One informant, a well-known and highly respected individual, had many dealings with certain foreign countries. The informant repeatedly voiced concern over possible disclosure of his identity through the FOIA. The source later requested that his contacts with the FBI be minimized in frequency and duration, that all information furnished be paraphrased, that his real or code names never be used, and that access to his information be severely restricted within the FBI. It became apparent also that, while the informant's dealings with certain foreigners are known to have increased, the frequency of his FBI contacts, the length of these contacts, and the amount of substantive information furnished declined. FBI 26.

The

40. An informant who furnished information regarding certain foreign visitors to the United States, expressed great concern over the possibility of his identity being disclosed. source stated that he recently read in a local newspaper that foreign visitors could gain access to FBI records through the

FOIA. FBI 28.

41. A businessman was approached by an intelligence officer from a hostile country. During an FBI interview, the businessman said that were it not for the FOI/PA he would be willing to cooperate with FBI in foreign counterintelligence involving the intelligence officer who contacted him, plus any others. He refused to get involved, however, because he feared that his identity would be divulged, thus seriously affecting his business operations. GAO 18.

42.

A source providing foreign counterintelligence information expressed anxiety on numerous occasions about continuing his relationship with the FBI. He feared that his identity would be disclosed through an FOI/PA release, thus hurting his business and jeopardizing members of his family who reside inside the hostile country. Because of his fears, the source frequently requested the FBI to place dissemination restrictions on the information he furnished. GAO 18.

43. In a southwestern city, an individual who was in a position to furnish foreign counterintelligence information refused to cooperate with the FBI. It was his opinion that the federal government could not insure his confidentiality in view of congressional scrutiny of the FBI, subsequent news media leaks leaks, access to records through the FOI/PA and the extensive civil discovery proceedings exemplified by the Socialist Workers Party lawsuit, where the court ordered the government to disclose the identity of some informants. The individual said that if the disclosure climate were more restrictive he would be willing to cooperate. GAO 18.

44. In a western FBI office, an individual was contacted in a recent foreign counterintelligence investigation because he was in a position to furnish valuable information on a continuing basis regarding the subject of the investigation. Although this potential source displayed an otherwise cooperative attitude, he stated he would not furnish information for fear his identity might be revealed at some future date due to provisions of the FOIA. FBI 27.

45. A potential counterintelligence source advised that he could not cooperate with the FBI because he feared that his identity would be revealed publicly. He indicated that recent newspaper accounts regarding material released under the FOIA had revealed the names of several individuals in a professional capacity who had assisted the FBI, and the nature of their assistance. This type of publicity, according to the individual,