Congressman Stephen F. Lynch has introduced a bill (the Confidential Informant Accountability Act of 2011 – H.R. 3228) to improve the way that confidential informants are managed by US federal law enforcement agencies. Lynch introduced the bill in response to the James “Whitey” Bulger case in which Bulger, a notorious gang leader acting as a confidential informant for the FBI, is alleged to have gunned down two men.
The legislation would impose a number of safeguards for confidential informant management as well as making it easier for the victims of rogue confidential informants to sue the government for negligence.
The bill would require law enforcement agencies to report any serious crimes committed by confidential informants to Congress every six months. Certain details would have to be included but informant names and identifying information would be excluded to protect anonymity.
The ultimate aim is to improve oversight of confidential informant programme and ensure that the system is not abused by law enforcement officials.
In order to achieve a truly fair and safe system, law enforcement agencies need to think carefully about how their policies and procedures work to assess and mitigate the risks associated with confidential informants. Failure to properly assess a confidential informant for reliability and trustworthiness can have potentially catastrophic consequences. Whilst regular reporting of confidential informants’ illegal activity to Congress may help to prevent some malpractice, it does not necessarily eliminate the potential for other things to go wrong in the system. Confidential informant management software can be a useful tool in helping to achieve this, but if the management of confidential informants is really to improve it is important that internal cultures are addressed as well.