Informants

The New York Times has a very interesting article today about the use of informants in federal investigations. The story was prompted by an order from federal judge Charles R. Breyer in San Francisco to have the U.S. Department of Justice investigate the continued use of a Yemeni informant, Essam Magid, even though he had revealed his undercover status and the names of two FBI agents during a terror investigation in California.^[1] The man had been discharged from the FBI for his conduct, but he quickly thereafter resumed work with the DEA, which had recruited him in 1999.^[2]

Mr. Magid’s situation highlights some of the problems encountered when federal investigators use informants. In 2003, a veteran FBI agent, James J. Smith, was arrested on charges of mishandling classified data, and a “prized” informant, Katrina Leung, was accused of being a double agent.^[3] Ms. Leung had been recruited in the 1980s by Mr. Smith to spy on China, and it was alleged that the two had a sexual relationship, during which she would photograph documents from his briefcase and pass them on to the Chinese.^[4] In the 1990s, the FBI apparently was aware that she might be acting as a double agent, but they were willing to take the risk, saying that the information given to the Chinese was essentially worthless, and the information she received in turn was incomparably more useful.^[5] On January 6, 2005, the case against Ms. Leung was dismissed because the plea agreement reached between the government and Mr. Smith illegally blocked her from being able to call him as a witness.^[6]

In November of 2003, the House Committee on Government Reform released a study titled “Everything Secret Degenerates: the FBI’s Use of Murderers as Informants” which found that the FBI’s informant program led to corruption, perjury, and even the deaths of innocent people all in the name of protecting informants.^[7]

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[1] Dean E. Murphy, U.S. is Ordered to Investigate Use of Disputed Informant, N.Y. Times, Aug. 23, 2005, at A15, available here.
[2] Id.
[3] Eric Lichtblau, F.B.I. Case Highlights Problem with Informants, N.Y. Times, Aug. 20, 2003, at A14, available here. (fee required)
[4] Id.
[5] Id.
[6] Amy Argetsinger, Spy Case Dismissed For Misconduct, Wash. Post, Jan. 7, 2005, at A4, available here.
[7] House Committee on Government Reform, Everything Secret Degenerates: the FBI’s Use of Murderers as Informants, H.R. Rep. No. 108-414 (2003), available here. See also Ralph Ranalli, FBI Informant System Called a Failure, Boston Globe, Nov. 21, 2003, at B2, available here. (fee required)