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Criminal Resource Manual

704. Utilization of BOP Employees for Investigative Purposes

Any Federal investigative agency that seeks to use a BOP employee in an undercover capacity must obtain OEO's approval prior to the use of that person. Such requests must first be approved by the designated official(s) at the agency's headquarters, and then submitted, in writing, by personnel at the agency's headquarters to the Chief, Special Operations Unit, OEO, Criminal Division, U.S. Department of Justice, P.O. Box 7600, Washington, D.C. 20044-7600; these documents may also be faxed to (202) 514-5143. (For security reasons, documents containing sensitive information are not to be e-mailed to OEO.)

As part of the review process, OEO will coordinate the request with headquarters personnel of all appropriate agencies. Upon approval or denial of the request, OEO will advise the requesting agency's headquarters of the decision.

In general, the same information as set out in the previous section,|B803 when appropriate, must be provided. In addition, the following additional information must be provided:

  1. Name of BOP employee.
  2. Job title and duty station of employee.
  3. Whether the employee will be required to make contacts outside the institution in furtherance of this investigation and, if so, with whom and under what conditions.
  4. Whether a job transfer will, or may, be necessary upon completion of the activity.
  5. Whether the activity will jeopardize the employee's family.
  6. Names, titles, phone numbers, and locations of any BOP personnel with whom this matter has been, or will need to be, discussed.

[cited in USAM 9-21.050]