Special Agent in Charge (SAC) and Group Supervisor (GS) Authorized Operations:
a. Operations that are anticipated to last less than 6 months AND no statutory requirement or DHS/ICE Sensitive circumstances.
- The SAC must notify HQ Undercover Operations in writing and request authorization to continue the Investigation/operation when it becomes apparent that ongoing activities or DHS and ICE Sensitive Circumstances arise and exceed the approval authority of the SAC.
Executive Associate Director of HSI Authorized Operations
- 6-12 months, no statutory exemption requirement or DHS/ICE Sensitive Circumstances
The CUC Administrative Overseer (CUC)
- Generally an ASAC
- Ensures operation has authorization to conduct investigations involving DHS and/or HSI sensitive circumstances
- Ensures complete annual physical inventory of all items on the Property/Equipment log for the CUC
- Ensures expenditures are necessary/reasonable
Director of HSI EAD and Certified URC
1) Involve DHS and ICE Sensitive Circumstances and
2) Require certification for any of the exemptions contained in 19 USC 2081 and/or 8 USC1363a
If SAC approved OP rises above SAC approval
If SAC approved UC operation arises above the approved level, a proposal must be submitted to HQ UC for URC review within 15 days
- SAC can also approve in exigent circumstances.
Program Manager
- Senior Special Agent or Supervisory Special Agent
- Selected by overseer
- coordinate all administrative aspects of CUC ops
The Certified Undercover Fundamental Financial System (CUFFS)
- In control of the finances, transactions, records, documents.
Investigative GS
- Provides supervision for day to day operational and strategic decisions and on-site guidance relating to undercover policies and procedures for undercover activities conducted under his or her supervisory control
- Ensuring that full and complete operational plans are generated and approved for conducting complete operation briefings prior to any undercover activity
- Ensuring that sufficient resources are in place
Case Agent
- Makes day to day operational decisions
- Tells the UC what is needed
- Ensures pre-briefings are attended by all LEOs
- Ensures op plans are developed.
- Works with CUFFs to get funding
Contact Agent
- Usually someone close to UC, generally one person.
- Single point of Contact for the UC
Cover Agent
- Ensure security of the UC and OP.
- May be part of Surveillance or UC rescue team if no SRT available
Undercover Liaison Coordinator (ULC)
- Protects safety and well-being of each UC
- Protects ICE/HSI from liability issues
- National ULC - ensures proper implementation, usage, and coordination of ULC program.
- Monitors UCs psychological and physical health
- conducts pre-screening interviews
- maintains file for each accredited UC
Removal or Copying of Documents or Property
documents or property may be removed or copied: under plain view doctrine with PC or with consent to the location you were allowed access to
Oral Communications
Any conversation the UC participates in or overhears (as long as the UC is lawfully present) where the speaker has no reasonable expectation of privacy may be subsequently used by the UC.
Alterations of Conveyances
you may make alterations to vehicles, vessels or aircraft in the course of the investigation. Alterations must be documented in an ROI; furthermore, conveyances cannot be sold without
repair to original state
Consult the Office of Principle Legal Advisor (OPLA)
Legal issues
National policy issues
Personal Assistance Agreements (PAA)
Consult AUSA when
- Assigned to a CUC Operation
- Issues relating to the direction and prosecution of the investigations.
Examples of actions that may be permitted even though they may be against the law
a) Purchase and possession of stolen goods or contraband
b) Payment of bribes
c) Obtaining false documents
d) Consensual monitoring
Types of undercover Roles
Internet based
- Approved by SAC, no training or waiver needed
Limited
- approved at SAC level, no training or cert needed
Moderate
- Cert needed
Deep cover
- Cert needed
Exempt from Training Waiver for Undercover Candidates
- Under exigent circumstances
- Under the waiver exemption
Basis for Exempt from Training Waiver:
1) Exigency – imminently needs waiver to conduct non-casual, face-to-face undercover duties prior to certification form UCOS
2) Experience – minimum 3 years criminal investigative experience
3) Attend UCOS for certification at the first practical time
Undercover Identification
- State IDs must be obtained an authorized by the SAC
- All federally issued IDs must be obtained from the Unit Chief of UC ops HQ. Some IDs included will be immigration docs, social security, FAA licensing
Personnel Considerations
- When building your team ensure overlap and redundancies in
assignments. Things will change during the operation. - When possible bring in more than one UC.
- Don’t shark the area. Learn the value of sitting still and watching the area
Flexibility
- Build in extra time for everything
- Overly Accommodating = Cop or soft target. Not good to be viewed as either one
