Tag Archives: Hoffman

Ten things that should be taught on a basic confidential informant management course

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Developing  the ‘Ten Things’ series on our blog, international trainer and consultant John Buckley addresses the often neglected area of training for officers involved in managing confidential informants.

Managing confidential informants is often perceived as a task that any officer can do and that every detective should do. However, despite significant evidence of the importance of training for officers involved in this role many agencies provide only the minimum if any training and then wonder why it goes horribly wrong. Even in Florida where training for officers managing confidential informants is a legislative requirement following the death of Rachel Hoffman officers there, often receive only the most minimal of training.  Managers, often untrained themselves, do not understand the difficulties in managing a confidential informant or cite the excuse of not being able to afford the cost of training as the reasons they don’t provide it for their staff.   Where an officer has not been properly trained allowing that officer to manage a confidential informant is negligent on the part of the law enforcement agency. Training should be delivered by a qualified person, delivered against a minimum set of standards and delivered to all staff involved in managing confidential informants regardless of rank. A typical basic course will take a minimum of one week to deliver.

‘Ten things’ that should be taught on a basic confidential informant management course are:

  1. Civil liberties and human rights. Using confidential informants will always engage civil liberty and human rights; officers need to be aware what these issues are and how to justify their actions.
  2. Ethics and morals. Managing confidential informants is fraught with ethical and moral dilemmas. Only by training officers in ethics can these matters be effectively addressed.
  3. Corruption. Unfortunately, all too often officers involved in managing confidential informants become mired in corruption. Understanding the psychological process involved helps reduce the chances of the officer falling victim to this.
  4. Risk management. There are significant risks in managing any confidential informant. Officers need to be trained how to identify, evaluate record and manage the relevant risks.
  5. Legislation and the agency’s policies and procedures for managing confidential informants. Officers need to know the relevant legislation and need the agency’s procedures explained to them.
  6. Record keeping. Officers need to know what records to complete and the timeframes for completion of those records.
  7. Field-craft. Keeping both the officers and the confidential informant alive involves equipping all with the skills necessary to make contact and meet safely.
  8. Debriefing. Many officers have only the most rudimentary of skills when it comes to eliciting the maximum amount of information from a confidential informant. Training officers in ‘relevant’ interviewing skills maximizes the amount of information gained. Some common interview techniques currently in use are totally counter productive for this arena.
  9. Writing intelligence reports. Many officers do not know how to write comprehensive and accurate intelligence reports with the result that inaccurate intelligence is submitted and good intelligence is lost. Officers also need to be taught how to individually grade each intelligence report.
  10. Psychology. Teaching officers even the most fundamental aspects of the psychology involved in managing confidential informants will increase the confidential informant’s productivity and increase the control over that confidential informant.

John delivers confidential informant management training on an international basis to law enforcement military and intelligence agencies. He regularly advises ABM in relation to the development of abmpegasus software for managing confidential informants

If you would like advice or further information on training please to contact John at john.buckley@abmsoftware.com or call +1 703-326-1366.  Alternatively, please complete an ABM Software contact form and a member of our team will get in touch.

USA confidential informant management draws international attention

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A recent article published by the British Broadcasting Company (BBC) http://www.bbc.co.uk/news/magazine-21939453  highlighted many of the concerns that have already been raised in the USA about the way in which confidential informants are currently managed in the US. What will be of interest to law enforcement is not the content of the report for similar issues frequently appear in US media, but the fact that the issues  raised have reached a threshold that they are of interest outside the US.

In recent years there has been an increase in the amount of public interest and scrutiny applied to how confidential informants are managed. Increasing public concern will dictate how law enforcement manages confidential informants in the future. If the experience of UK law enforcement  is anything to go by and all the indicators are that circumstances are being replicated then many agencies in the US need to take a good look at the structures they have in place to manage confidential informants.  The UK experience began with one or two ‘bad cases’ coming to the public notice, increasing criticism from judiciary and other public bodies, greater interest from citizens and more adverse reporting in the media particularly with regard to confidential informant related corruption and privacy violations.  In the UK this led to firstly the creation by police chiefs of national standards for confidential informant management and secondly the introduction of legislation pertaining to the management of confidential informants.

One only has to look at media reporting in the USA to see where there has been an increase in adverse comments about how confidential informants are managed to realize that there is significant debate going on. Added to this is the fact that both the Federal Government and a number of states have introduced legislation pertaining to confidential informant management and one can grasp that it is only time before other states follow suit.

There are a number of elements that form the core of public concern about how confidential informants are managed:

  •  The lack of accountability in regard to law enforcement actions with confidential informants.
  • The potential violation of citizens’ privacy rights by law enforcement when using confidential informants.
  • The risks that confidential informants are exposed to in return for limited potential benefit.
  • Concerns about the administration of justice with regard to the uncorroborated testimony of confidential informants and ‘big fish’ walking free because they have passed information relating to ‘little fish’.

A significant number of US agencies have recognized that the expectation that citizens now have in relation to the interaction between law enforcement and confidential informants. Such agencies have introduced specific training for their officers, new and comprehensive policies relating to confidential informants, and software to significantly enhance record keeping pertaining to confidential informants thus providing appreciably higher levels of accountability in all aspects of the business.

Other agencies seem totally unaware of the change in public expectation or are unwilling to invest resources to meet those expectations. Burying one’s head in the sand or crossing one’s fingers may seem like reasonable options but such an approach did not satisfy a court in Florida when it awarded $2.6 million dollars for the mismanagement of Rachael Hoffman, a confidential informant working for Tallahassee Police Department.

John regularly advises ABM in relation to the development of abmpegasus software for managing confidential informants. He has written two books on managing confidential informants and is an internationally recognized expert on confidential informantmanagement. His latest title, Managing Intelligence; A Guide for Law Enforcement Professionals, will be published in June and deals with the structures necessary for an agency to have an effective intelligence system.

abmpegasus is a modular piece of expert-led software that helps law enforcement agencies and police manage confidential informants, intelligence and covert operations in accordance with best practice, policy and legislation.

If you would like more information on the abmpegasus confidential informant management software please contact Dawn Starling on dawn.starling@abmsoftware.com  t: +1 703-326-1366 or complete an ABM Software contact form and a member of our team will get in touch.

If you would like advice or further information on confidential informant  related matters please to contact John at john.buckley@abmsoftware.com or contact +1 703-326-1366

 

New legislation will affect how confidential informants are managed in Washington State

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“As providers of the world’s leading software solution for confidential informant management we like to keep all our customers and potential customers informed of the latest developments in this arena, so sharing our unique expertise with the law enforcement community. In his latest blog John Buckley provides insight on new legislation being introduced in Washington State.

Following the murder of a confidential informant Jeremy McLean

http://tdn.com/news/local/death-of-an-informant-part/article_a181988c-4660-11e2-9be7-0019bb2963f4.html 

Washington Senator Adam Kline has introduced a new bill (5373) in the State Senate that will dictate how informants are to be managed in the future.

http://apps.leg.wa.gov/documents/billdocs/2013-14/Pdf/Bills/Senate%20Bills/5373.pdf

Many of the key elements of the proposed Bill can be found in similar legislation known as Rachel’s Law that has already been enacted in Florida following the death of another confidential informant Rachel Hoffman.  The legislation is likely to have a major impact on the interactions between law enforcement and potential confidential informants.  Agencies managing confidential informants are likely to notice a sharp increase in the records they are expected to keep and the amount of supervision that cases will require. Having said that agencies have little to be concerned about provided they are proactive in addressing the legislative requirements.

The following may help those responsible for managing confidential informants within their agency to be prepared for the changes that such legislation may bring.

  1. It is a good time for agencies to come together and consider setting up state-wide procedures for managing confidential informants. State-wide procedures create a much more robust regime and enable joint task forces to work together much more effectively and with significantly reduced conflict.
  2. Developing a more proactive approach to using confidential informants will increase the amount of intelligence that an agency obtains from its authorized confidential informants. Each agency should have a centralized register of all the confidential informants being used and the capability to task them against specific investigations. Such an approach is fundamental to the concept of intelligence led policing.
  3. With the advent of new rules and regulations it is a good time for house-keeping. The worth of every existing confidential informant should be evaluated and all re registered/authorized under the new regime. It is often surprising what such a review process turns up!
  4. Training is an essential part of managing confidential informants and no officer should be allowed to manage an informant without being trained to recognized standards. Lack of officer training is one of the main reasons that leads to the death of confidential informants. The setting of state-wide standards for training is hard to argue against.

While law enforcement has nothing to fear from legislation dictating how confidential informants should be managed, they do need to keep a close eye on the content of the legislation. Officers working on a regular basis with confidential informants will often see issues that the legislatures are totally unaware of.

For those readers outside the state of Washington now is a good time to take cognizance of the legislation in Washington and Florida, and make sure your own house is in order. These states are setting the standards that citizens expect of law enforcement and it is only a matter of time until you are facing similar legislation.

John regularly advises ABM in relation to the development of abmpegasus software for managing confidential informants. He has written two books on managing confidential informants and is an internationally recognized expert on confidential informant management. His latest title, Managing Intelligence; A Guide for Law Enforcement Professionals, will be published in June and deals with the structures necessary for an agency to have an effective intelligence system.

abmpegasus is a modular piece of expert-led software that helps law enforcement agencies and police manage confidential informants, intelligence and covert operations in accordance with best practice, policy and legislation.

If you would like more information on the abmpegasus confidential informant management software please contact Dawn Starling on dawn.starling@abmsoftware.com  t: +1 703-326-1366 or complete an ABM Software contact form and a member of our team will get in touch.

If you would like advice or further information on confidential informant  related matters please to contact John at john.buckley@abmsoftware.com or contact +1 703-326-1366

City Settles on $2.6m Payout for Death of Confidential Informant

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The city of Tallahassee, Florida, has approved a $2.6m settlement after the parents of Rachel Hoffman sued the city for negligence leading to the death of their 23-year-old daughter in 2008. Hoffman had been arrested for minor drugs offences and agreed to act as a confidential informant for police in order to get leniency in her sentencing. Unfortunately, the drugs sting went disastrously wrong, ending up with Hoffman being shot dead by the drug dealers that the police were trying to incriminate.

Since these unfortunate events, the state of Florida has introduced “Rachel’s Law”, requiring law enforcement agencies to provide specialist training for confidential informant handlers and implement better safeguards.

Some law enforcement agencies have taken the example of Tallahassee very seriously, implementing robust management processes to reduce the risk associated with confidential informants. However, other agencies still need to take a more proactive approach towards ensuring that informants are used more carefully and intelligently. Rachel’s Law is a good step forward in improving US practices regarding informants, but there is still more progress to be made. Let’s hope that other states take some of these lessons on board and that every effort is made to enhance the requirements under Rachel’s Law to ensure that opportunities for risky practices are further removed.

Memorial vigil for Rachel Hoffman

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Marking three years since the death of her daughter, Margie Weiss will be leading a memorial vigil in Tallahassee today to commemorate the life of Rachel Hoffman. The 23-year-old university graduate was murdered on 7th May, 2008 following a botched drug operation in which she was acting as a confidential informant. Since then, new legislation has been introduced in Florida to improve the management of confidential informants. Read more about Rachel’s Law.

Confidential Informants – Where is it going?

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Much is being written about the ‘Confidential Informant‘ culture in the US and it is fair to say that in many ways this is positive.  However, as is normally the case, the negative has to be reported and inevitably it is this, which receives the most airtime.  Of course, using informants is not just an activity adopted in the US, it is without doubt a global culture.

The difference is the rules that determine how you use informants, particularly when it comes to managing and regulating them.   More important is how the risk assessment is considered and measured along with the individual’s rights and welfare.  Officers and supervisors have to ensure they have done what is possible to mitigate any risk.  The clear documentation of this is important, because if things do go wrong, and a positive trail of management can be followed, it will protect all participants; informants and officers alike.

In the UK the regulation of informants, or sources, is very robust. There is not only legislation, but very clear guidelines on the use and management of sources.  In the US, the recent introduction of ‘Rachel’s Law’ is being written into all Florida Police Departments’ standard operating procedures and of course, this brings more transparency and management. Other countries are also following suit.

What I have found interesting is that the use of informants is generally to achieve an objective; to prevent and detect crime.  Whether this is simply to record intelligence that can then be fed into the bigger picture, or indeed intelligence that a crime is about to be committed, the means to the end is just the same. Many officers who deal with informants are dedicated professionals with a high level of training. Unfortunately, I suspect where it can fall down, is the lack of ability to accurately record all the details when dealing with an informant. This is important because if clear data and structured information can be recorded and maintained when dealing with informants, the added protection not only to the informant but the officer is incalculable. This is reinforced by a firm but accountable management structure that would come with this type of regime.

It is becoming very obvious that the simple use of a spreadsheet or in-house Access database is not sufficient to manage all the information and requirements asked of officers involved in the handling of informants.  A move to a more robust and professionally developed electronic system is going to be necessary. In addition to this, the providers of these systems will also need to have knowledge not only of the electronic system requirements, but a strong awareness of the practicalities of handling informants and the infrastructure that supports the activities along with good comprehension of the business process. Strong and knowledgeable Consultants are going to be the key for this type of task along with the ability to ensure the product to process fit is exact.

The latest on Rachel Hoffman

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As reported by Tallahassee.com Andrea Green has been sentenced to life imprisonment having been convicted of first degree murder following his involvement in the shooting of Rachel Hoffman. 23-year-old student Hoffman was working for Tallahassee Police as a Confidential Informant after she was arrested for minor drugs offences in 2008. Unfortunately, Tallahassee Police lost track of Rachel Hoffman and she ended up dead. Andrea Green is the second man to be sentenced - Deneilo Bradshaw was convicted in December 2009.

The Rachel Hoffman debacle has sent shockwaves across Florida and the US. In Florida it led to the introduction of Rachel’s Law which required law enforcement agencies using confidential informants to improve their processes and procedures surrounding the use of confidential informants. The Hoffman case illustrates the long lasting impacts that failed management of confidential informants has – the high profile story continues to dominate headlines almost two years after the event.

The ripples of the Hoffman case continue

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A year and a half after the tragic killing of Rachel Hoffman in Florida, the case continues to remain in the spotlight. Deneilo Bradshaw, who is one of the two men accused of the killing, is due to go on trial. However, the high profile nature of the case means that over 500 potential jurors are being called in order to try to find an impartial jury. There’s a strong chance that the case will have to be performed in another state where the case is less well known.

The Hoffman case illustrates the high risk nature of covert policing and the need to have strong management and control procedures when dealing with confidential informants.