Appendix 663 Page 4 D. Coordination with Unated States Attorneys purpose of this section 22 thunguidelines is to insure that Unated States Atorneys are adtised of all major investigations for which they will have responswbility for prosecution. 1. The Drug Enforcement inistration shall insure that the appropiate United States attorney is advised of all investigatios soon as it appears to the first-line supervisory Dent that there is probable cause to make an arre, en hou no arrest in fact contemplated. Additionally, in investiozzion where the subjects are believed be part of a major drug trafficking crganization, but probable Cause to me on arrest has not yet been established, the notification of a pending investigation to the United States atorie she be sade by DEA at such time as it is determined that the objects are part of a major drug trafficking organization. In no event shall notification of any "investigation," as defined in paragraphs In3 and 4, be made to the United States attorney later than 45 days after initiatica. The United States attorney shall be consulted, shall assign an ais stant United States attorney if appropriate and shall be furnished progress reports of the investigation at regular intervals to assure appropriate participation By prosecuting officials. 2. Investigations required to be aporte to United #tes attorney under paragraph ID1 whic!! involve possible offenses prosecutable in more than one fadeĝal judicial distric shall be reported to the Department of Justice, and to the appropriate United States attorneys The Department shall be consulted and furnished progress pots on ch investigations at regular intervals. 3. The United States Attorney in dach federal judicial district shall, consistent fith Departent of Jessica guidance, determine policy regarding declinations d also the referral of prosecutions to State and lol auctories. + The United States attorney shall, except in exigent circumstances, be consulted pr to the arrest of a defendant and again immediately after the arrest. The United States attorney shall be furnished a writen report of the arrest no later than five (5) working days after the arrest. The provisions of this subparagraph shall not apply to arrests of 79-1 AGENTS MANUAL 10/20/78 Appendix 662 Page S defendants who will be prosecuted in State or local courts, provided that such referrals for state or local prosecution are within the polity decorations and procedures of the United States attorney provided for in subparagraph 3, above. 5. In all cases of seizures without a search warrant, unless feported incidere toest, a report in writing shall be submitted to the United States attorney not later than ten (10) working days after the geizure. DEA shall, with dum regard for the time necessary to prepare fes séál, jádvise the prosecuting United States attoney of any compensation paid to, or other consideration fenisited to afformant or defendant-informant, as well as of Fay ectronic surveillance relating to the case. 7. All relevant DEA case files and manuals will be available for review by U.S. attomeys on request. The U.S. attomey shall be responsible for insuring the security and confidentiality of materials furnished by DE 8. Department of Justice instructions to United States attorneys relating to these guidelines will be provided to DEA. SOURCES, INFORMANTS AND DEFENTENT-INFC-MANDS II. A. General 1. A "source of information" is a person or organization furnishing information without compensation on an Occasional basis (e.g., an server of an event or a company employes who obtains relgiant information in the ncimal course of his employment), or a Firscy or oranimation the business of furnishing information for a fee and reching only its regular compensation for doing (e.ga credit burea). 2. Anforment is person who, under the specific direction of a DEA agent, with or without the expectation of payment or other valuable consideration, furnishes information regarding drug trafficking of performs other lawful services. 79-2 AGEITS MANUAL 10/20/78 Page 6 3. a "defendang-informant' is a person subject to arrest and prosecution forta fogeral offense, or a defendant in a pending federal or spang cake whc, under the specific direction of DEA agent, pran an expec.ition of payment or other valuable consideration, provides infèation agarding drug trafficking or performs otheć izsful services. 4. Any individual or organization may be a source of information. Restrictions acdd on the use of informants and defendant inĝorants are not applicable to sources of infomatisa. texane 3. Informante and jáfendant-informants are assets of individual agents. east two (2) DEA agents should be in a position to contact an informant or defendant-informant, and whenever practicable two (2) shall be present at all contacts and intheviews with informants and defendant-informants. Regular contacts shall be maintained with informants and defendantinformants. gents or §. Anformants and defendant-informants malabe advised that they are cooperating with DEA, but are not employees of DEA or the Federal Government. They shawl, bea advised that information they provide may be used in a veinigal proceeding. They may be told that DEA will use ali zawful nežąs available to maintain the confidentiality of their identity. ave ept in extraordinary circumstances they should it be assure but they will never be required to testify or otherwise their identity disclosed in a criminal proceeding. In extraordinary circumstances they may be given this assade after approval of the SAIC, provide the on tad states ttney shall be notified of any such assurance given to any individual having information relevant to a ding investigation in advance of prosecution proceedings, eling grand jury proceedings. B. Informants 1. Only individuals who are believed able to furnish reliable enforcement information or other lawful services, and who are believed able to maintain the confidentiality of DEA interests and activities, may be drilled as informants. 79-2 ACHITS KANTAL 10/20/78 Page 7 2. Excepts provided in paragraph 1133, an agent must obtain the approval of his immediate supervisor prior to utilizing any moont, a mhàtapproving supervisor should review the relevant data, including the criminal record, of any potential instman and Ascertain whether he is the subject of a pending PEA investigation betare deciding whether to approve him as an informant. Before the fidual is asked to render services, in addition th supplying information, a more extensive iny tightien and evaluation of the individual shall be pondnetel. However, DE may use an informant temporarily without extensive investigation where a second-line supervisor determines that lack of subiciont time precludes such investigation. mediniazals in the following categories represent particular risks as informants, and their use for an initial nety (90) days may be, utilized only as authorized below: (a) individuals who are less than eighteen (18) years of age, with the written consent of a parent or legal gudiar when authorized by the SAIC; (b) individuals on Federal or Skate robation or parole, with the consent of the agency supervising en, and complete documentation by DEA, when authorized by the AIC: (c) former drug-dependent persons dependent persons participating in n escorched program when authorized by the SAIC or drug (d) ́individuals with two (2) or more felony convictions, when authorized hd SAC; and (e) individuals, who bave previously bean declared unreliable by DEA, any of its dessces, when authorized by the Assistant Administrator for Enforcement. 4. The use of inment shall be reviewed at least every ninety (90) daysay supervisor, or the highen office appropriate second-line indicated in paragraph 1133 above. Use of the informage may be continued if it is determined, upon review of his blakground and performance, that he is qualified to serve in his Cpacity as provided in paragraph 1131 above, and that te be the potential for furnishing information or services which it is believed will lead to the prosecution of one or more individuals who finance Appendix 665 control or direct a drug traficking organization or the interdiction of significare drug traffic. The SAIC shall be ponsible form of the utilization of each informent et least every sonths, and contined use of an informant shall be authorize if i detrained that he meets these standards. The SAIC shall be responsible for reporting all such decisions to DEA Headquarters. Informants may be paid money or afforded other Lavip consideration. All funds paid to informants shall be accounted for, and specific records shall be maintained of any nga-mietary Considerati fynished informants. Derendars-Informants Only individuals who are believed to be able to urnish liable enforcement information or lawful services, and who are believed able to maintain the confidentiality of DEA interests and activities, may be used as defendant-informants. 2. In addition to the steps necessary ubilize an informant which are set forth in paragraph 113, the approval of the appropriate United States attorney shall be obtared prior to seeking the cooperation of or utilizing a defendant-forint. 3. An individual approved as defendant-informant be advised that his cooperation wily be brought to the attention of the appropriate United States attorney or other prosecutor. DEA agents shall make no other representations recommendations without the express written approval SAIC. te 4. The SAIC shall tai the written approval of the Assistant Administrator for aforementior be recommending dismissal of any criminal matter. The sale shall inforá DEA Headquarters of any other information concerning a defendantinformant's cooperation, advice offered regarding disposition of a case, or imposition of a peauty 5. Use of defendant informants shall be reviewed in the manner prescribed for other informants in paragraph 113 above, and their use may be continued caly if they are found to meet the standards set forth therei 79-1 AGENTS MANUAL 10/20/78 |