usatoday | The FBI gave its informants permission to break the law at least
5,658 times in a single year, according to newly disclosed documents
that show just how often the nation's top law enforcement agency enlists
criminals to help it battle crime.
The U.S. Justice Department
ordered the FBI to begin tracking crimes by its informants more than a
decade ago, after the agency admitted that its agents had allowed Boston
mobster James "Whitey" Bulger to operate a brutal crime ring in
exchange for information about the Mafia. The FBI submits that tally to
top Justice Department officials each year, but has never before made it
public.
Agents authorized 15 crimes a day, on average, including
everything from buying and selling illegal drugs to bribing government
officials and plotting robberies. FBI officials have said in the past
that permitting their informants — who are often criminals themselves —
to break the law is an indispensable, if sometimes distasteful, part of
investigating criminal organizations.
"It sounds like a lot, but
you have to keep it in context," said Shawn Henry, who supervised
criminal investigations for the FBI until he retired last year. "This is
not done in a vacuum. It's not done randomly. It's not taken lightly."
USA TODAY obtained a copy of the FBI's 2011 report
under the Freedom of Information Act. The report does not spell out
what types of crimes its agents authorized, or how serious they were. It
also did not include any information about crimes the bureau's sources
were known to have committed without the government's permission.
Crimes
authorized by the FBI almost certainly make up a tiny fraction of the
total number of offenses committed by informants for local, state and
federal agencies each year. The FBI was responsible for only about 10%
of the criminal cases prosecuted in federal court in 2011, and federal
prosecutions are, in turn, vastly outnumbered by criminal cases filed by
state and local authorities, who often rely on their own networks of
sources.
"The million-dollar question is: How much crime is the
government tolerating from its informants?" said Alexandra Natapoff, a
professor at Loyola Law School Los Angeles who has studied such issues.
"I'm sure that if we really knew that number, we would all be shocked." Fist tap Arnach.
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