Tag Archives: law enforcement

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

 

How to manage citizen informants

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Lynchburg Police Department in Virginia recently publicized a scheme where they are using ‘concerned reliable citizens’ to provide the police department with information on drug activity.

In this blog ABM Software Consultant and confidential informant management expert, John Buckley, admits that while such schemes can have benefits they also carry risks that are not often apparent. John also offers expert advice on managing citizen informants.

Encouraging citizens to pass information on criminality to law enforcement is a necessary and commendable action for any police department to undertake. However, with any such scheme it is vital that the agency creates structures to adequately protect the citizens passing on the information and to ensure that they gain maximum benefit for the efforts they make and the risks they undertake.

 

advice on using citizen informants

What law enforcement agencies should consider when deciding whether to use citizen informants 

One of the first aspects that needs considered is the ability of the law enforcement agency to protect those passing the information and from this standpoint a myriad of questions arise. Does the agency have specific procedures for managing such people? Have the officers involved received adequate training for their role? Does the agency have identified structures to record all details of the history of the agency’s relationship with these individuals and the contact the agency has had with them? What risk assessments are carried out with regard to the safety of these people and how are those risks subsequently managed?

Moving on from these initial considerations it is important to consider whether or not the citizen has been made aware of the risks they are taking and what instruction they have been given in regard to them avoiding self compromise? It is far from unusual for a person unfamiliar with criminality to compromise themselves through careless talk or action. A simple question such as “who have you told you are helping the police?” will often reveal the fact that they have told a significant number of people they believe can be trusted. Carelessness in such regard will often lead to the criminals finding out the person’s role and result in them being threatened or attacked. This then begs the question “then what?” Does the agency have a mechanism to protect the person? Does it operate a witness protection-style scheme or will the concerned citizen, in the event of a compromise, be left to fend for themselves?

A third concern with regard to such a program relates to how effectively the information from such citizens is managed and exploited. Does the agency have identified policing priorities and is the information collected to address these priorities or is the agency led, not by a structured intelligence-based approach, but by knee jerk responses to reports by citizens? It is easy to end up being led by the informant as opposed to by what the Chief has set out as the priorities for the agency.

It is a good thing for an agency to be proactive in maximizing the information they receive from citizens but a failure to do it effectively reduces the benefits and a failure to do it safely costs lives.

John regularly advises ABM in relation to the development of abmpegasus – the world’s leading software for managing confidential informants – and has written several books on intelligence management and confidential informants. His latest title, Managing Intelligence; a Guide for Law Enforcement Professionals, will be published in June.

If you would like further information on abmpegasus or advice on using citizen informants please email dawn.starling@abmsoftware.com or, alternatively, please contact our sales office on +1 703 326 366 to arrange a demonstration.

 

ABM attend this year’s IACP Conference in San Diego (Booth #1555)

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ABM Software USA – a world leading provider of law enforcement software for managing covert operations – is proud to be attending this year’s International Association of Chiefs of Police (IACP) conference in San Diego.

IACP San Diego 2012

Join us in San Diego from September 29 – October 3 for the 119th annual IACP conference and exposition where our team of international law enforcement consultants will be on hand to offer a range of information and advice on topics such as confidentiality management, undercover operations and intelligence management.

We’ll also be offering a FREE health check to help visitors assess the effectiveness of their undercover ops, confidential informants and intelligence management processes.

The International Association of Chiefs of Police has had a long reputation for providing education on the most pressing and current law enforcement topics.

For more information please visit the IACP website

We hope to see you there.
Booth #1555

 

State oversight proposed for four St Louis PDs

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In the past year, the former police chief of Alorton and East St Louis (MO) Police Departments was caught stealing computer video games in an FBI sting and the former mayor of Alorton pleaded guilty to using the police department to steal and ditribute cocaine. Now, as reported by stltoday.com, the troubled police departments in East St Louis could be subjected increased oversight following the proposed creation of a “Metro East Police District Commission”. Although the four agencies would continue to operate independently, the Commission would impose regulations and standards and have control of their finances.

Any sign of corruption or malpractice among law enforcement is a serious problem. It reduces trust and cooperation leading to the proliferation of problems like the “Stop Snitching phenomenon”. If the new legislation in East St Louis is passed, the new Commission will have to think very carefully about how it can impose improved standards and practices. It is not enough simply to write new policies. Robust systems must be implemented to enable management oversight. abmpegasus helps to address some of these issues, giving management oversight of traditionally opaque areas of policing without compromising confidentiality and security.

Former Police Chief and 5 Officers in Court for Misusing $100k in Drug Forfeiture Funds

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Romulus’s PD’s former police chief, his wife and five of his officers are in court facing allegations of falsifying  payments to confidential informants, sex acts during undercover work and other acts of fraud between 2006 and 2011. The case, reported by The Detroit News, is, of course, extremely damaging to the reputation of the Michigan police department, casting doubt upon the legitimacy and credibility of the agency.

Whatever the outcome of the court case, the whole debacle highlights the importance of comprehensive record keeping among narcotics units. Narcotics officers have often been subject to minimal management oversight, being left to manage their own informants and intelligence gathering operations. This approach provides too much opportunity for malpractice. It also fails to make the best use of intelligence that is collected by individual officers.

ABM has developed abmpegasus to address these issues. It improves record keeping to reduce the potential for corruption as well as helping to share crucial intelligence within the organisation and make better use of intelligence sources. abmpegasus helps to implement robust policies and procedures, protecting the law enforcement officers, informants, citizens and the reputation and effectiveness of the agency.

Managing the Risk of Juvenile Confidential Informants

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The Miami Times recently ran a three part feature on the dangers of law enforcement using teenagers or young people as confidential informants (CIs). The article focuses on the case of Bosco Enriquez who moved from Nicaragua to Miami with his family when he was four years old. Unfortunately at the age of 13 Enriquez got involved with the notorious International Posse gang. In 1996, at the age of 15, his family’s house was raided by police and he was charged with aggravated battery. Enriquez then started working with police as a confidential informant, helping to bust as many as 30 gang members for drugs offences.

In the article, Enriquez explains his experience of conducting a controlled drug buy to incriminate a fellow gang member: “I was terrified. This was a violent guy and I was a 15-year-old kid.” Enriquez says that his involvement as a confidential informant led him to start taking drugs himself. He also claims that, after helping law enforcement, the police abandoned him. He was beaten and raped by other prisoners whilst in police custody and then deported to Nicaragua for a minor drugs charge where he remains to this day.

The article goes on to state that in 1997, Enriquez’s handler revealed his name in a deposition, stating, “His horror story is emblematic of a bigger problem that lawmakers in Florida and across the nation have only recently begun to recognize: Cops employ confidential informants — sometimes very young ones — to bust criminals. But there’s little oversight, and the result of police carelessness can be horrific.”

The Miami New Times cites two examples of young confidential informants who were killed in separate incidents whilst working for law enforcement – 23-year-old Rachel Hoffman and 17-year-old Chad McDonald.

Whatever the rights and wrongs of these cases, it is clear that the use of young confidential informants carries a high degree of risk. And, whilst the use of young informants may not be desirable, sometimes it is a necessary tool in the fight against organised crime. It is important, therefore, that juvenile CIs are managed properly.

Implementing effective strategies for risk assessment, governance, protection of identity and the management of financial transactions are crucial to protecting the human rights of young CIs. Informant management software, like abmpegasus, can help to ensure that all issues surrounding juvenile confidential informants are properly managed. The abmpegasus system, for example, includes a number of features specifically designed for dealing with juvenile CIs:

  • Review dates – ensure that young CIs are subjected to more frequent regular reviews
  • Escalated approval – ensure that the use of young CIs is authorised by a senior officer
  • Warnings – automatically alert handlers to the juvenile status of young informants

In addition to these areas, abmpegasus also provides comprehensive functionality to manage all aspects of any confidential informant, ensuring that operations are properly assessed for risk, appropriately authorised and carefully managed.

Drugs Sting Goes Badly Wrong in Texas

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A confidential informant is murdered, the truck he was driving is buried in a wall, a Sheriff’s Deputy is shot by another police officer and four people are injured in a collision with a school bus.

This sounds like the plot of a car chase in a blockbuster movie. Unfortunately it was all the result of an undercover narcotics operation that went badly wrong in Texas last week.

As reported by KHOU, undercover officers from Harris County Sheriff’s Office (HCSO), Houston Police Department (HPD) and members of the Drugs Task Force were following a truck being driven by a confidential informant. The truck was loaded with at least 300lb of marijuana and the law enforcement officers were following it in order to arrest the drug dealers who would receive the delivery. However, whilst en route several other vehicles suddenly appeared, showering the truck with bullets and killing the confidential informant. A gun battle that followed, with officers firing back at the hijackers killing one of them, while another one was hit twice by a patrol vehicle. In the confusion a plain clothes HCSO deputy was allegedly shot in the leg by a HPD officer who didn’t recognise him. A patrol vehicle responding to the scene added to the chaos by colliding with a school bus, injuring the two drivers and two other people.

It is not clear whether the hijackers were intending to steal the drugs shipment or just assassinate the confidential informant. What is clear, however, is that the law enforcement operation certainly did not go to plan, despite law enforcement succeeding in arresting four men accused of storming the truck.

The whole case raises issues over confidential informant anonymity and protection, risk management and deconfliction. When dealing with narcotics and unpredictable drug dealers, mistakes can happen. I just hope that law enforcement went through proper procedures to assess the risk associated with this particular operation before they embarked upon it.

Confidential Informants – understand what you’re agreeing to!

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A confidential informant in Wyoming has just lost the appeal against his drug conviction. The informant, Marshal Lewis Washington, had agreed to become a confidential informant for Wyoming Division of Criminal Investigation after he was imprisoned for shoplifting. Unfortunately, Washington took this to mean that he was authorised to buy drugs without law enforcement supervision. Before conducting a controlled drug buy, narcotics officers performed a customary search of Washington’s car where they found “an array of controlled substances”… They promptly arrested him for possession.

Despite Washington’s appeal that he believed DCI agents had authorised him to buy drugs on his own, the DCI insisted that he has been thoroughly briefed regarding his role. Washington lost his appeal on Tuesday.

This story, as reported in trib.com, emphasises the importance of properly explaining ground rules and expectation to confidential informants. Failure to do so can, as exemplified here, just facilitate more criminal activity.

 

Addressing sexual offenses and misconduct by law enforcement

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Published June 2011, the International Association of Chiefs of Police (IACP) executive guide to “Addressing Sexual Offenses and Misconduct by Law Enforcement” raises some troubling questions for law enforcement agencies across America and beyond. Failure to maintain adequate management oversight of officers’ actions can be an important factor contributing to the risk of sexual misconduct. Law enforcement agencies looking for a solution to the problem should consider abmpegasus – a leading software system for law enforcement that improves management oversight of undercover policing activity.

Reported on this blog just yesterday was the case of Vancouver Police Department (WA), where four officers have been disciplined after it was revealed that a confidential informant handler was having an inappropriate relationship with his informant. Such behaviour seriously damages the reputation of law enforcement agencies and it is essential that agencies take strong action to prevent such transgressions.

Another officer disciplined in confidential informant mismanagement case

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Vancouver Police sergeant Duane McNicholas is the latest officer to be disciplined following an investigation into the mismanagement of confidential informant, Tegan Rushworth. As reported by The Columbian, Rushworth, an attractive former Fort Vancouver Rodeo Queen turned methamphetamine user, was working for the police department as a confidential informant. Her handler,  Erik McGarrity, engaged in an inappropriate sexual relationship with her. It appears that McGarrity and the other three officers failed to arrest Rushworth despite a warrant being issued for her arrest.

This case illustrates the need for law enforcement agencies to implement robust authorization and management procedures for the use of confidential informants. Proper risk management and management oversight would probably have prevented this embarrassing incident which, as VPD Cmdr. Dave King noted, put the department in potentially litigious situations and allowed the credibility of the agency to be impacted.