DEA Confidential Informant Management 3 — Questions and Answers
Question 1: Under DEA's Confidential Source program, which category of person is PROHIBITED from being opened as a CS without special written authorization from DEA Headquarters?
- Foreign nationals residing legally in the US
- Individuals on federal probation or parole
- Active members of law enforcement agencies
- Persons under 18 years of age (Correct answer)
Correct answer: Persons under 18 years of age
Juveniles under 18 require special written authorization from DEA Headquarters before being established as a CS due to legal and ethical protections afforded to minors.
Question 2: A CS who has been providing information for two years suddenly begins providing intelligence that is inconsistent with other verified sources. What DEA protocol should the handler initiate?
- Immediately terminate the CS and notify the AUSA
- Conduct a validation review to assess the CS's reliability and possible compromise (Correct answer)
- Continue using the CS's information while noting the discrepancies
- Transfer the CS to a different handler without documentation
Correct answer: Conduct a validation review to assess the CS's reliability and possible compromise
Inconsistent intelligence triggers a validation review to determine whether the CS has been compromised, turned, or is fabricating information before further operational use.
Question 3: What is the term used in DEA policy for a CS who works without receiving any financial compensation but may receive other non-monetary considerations?
- Gratuitous Informant
- Unpaid Cooperator
- Non-Compensated Source (NCS) (Correct answer)
- Volunteer Asset (VA)
Correct answer: Non-Compensated Source (NCS)
DEA classifies informants who provide information without monetary payment as Non-Compensated Sources (NCS), though they may still receive considerations like immigration assistance or prosecutorial benefits.
Question 4: A handler discovers that a CS has been conducting unauthorized drug transactions for personal profit while supposedly working for the DEA. Under 21 USC, the handler's FIRST obligation is to:
- Allow the CS to complete the transactions to preserve the operation
- Immediately notify the Group Supervisor and document the unauthorized activity (Correct answer)
- Quietly terminate the CS to avoid embarrassment to the investigation
- Consult with the CS about ceasing the activity before reporting it
Correct answer: Immediately notify the Group Supervisor and document the unauthorized activity
Unauthorized criminal activity by a CS must be immediately reported to the Group Supervisor and fully documented; allowing it to continue or concealing it exposes the handler to criminal liability.
Question 5: Which principle governs the DEA's restriction on allowing a CS to commit crimes that go beyond what is necessary to maintain their cover or complete an authorized operation?
- Proportionality Doctrine
- Minimization Rule
- Necessary Crimes Limitation
- Authorized Illegal Activity (AIA) Standard (Correct answer)
Correct answer: Authorized Illegal Activity (AIA) Standard
The Authorized Illegal Activity standard defines the narrow scope within which a CS may engage in criminal conduct, requiring pre-authorization for any illegal acts performed in their informant role.
Question 6: When a CS is arrested by a local law enforcement agency unaware of the DEA relationship, the handler's immediate priority is to:
- Allow the local arrest to proceed without intervention to protect the CS's cover
- Contact the local agency through proper channels to prevent disclosure of the CS relationship in public records (Correct answer)
- Have the AUSA file a motion to dismiss all charges immediately
- Transport the CS to DEA custody within 24 hours
Correct answer: Contact the local agency through proper channels to prevent disclosure of the CS relationship in public records
The handler must work through proper channels to protect the CS's identity and cover while ensuring the local agency is aware of the federal interest, without publicly revealing the informant relationship.
Question 7: The 'Giglio obligation' most directly affects DEA CS management because it requires prosecutors to disclose to defense counsel:
- The CS's real name and address before trial
- Any payments, promises, or benefits provided to a CS who will testify (Correct answer)
- All wiretap recordings involving the CS
- The CS's prior cooperation in other federal cases
Correct answer: Any payments, promises, or benefits provided to a CS who will testify
Under Giglio v. United States, prosecutors must disclose any consideration given to a witness-informant that could affect their credibility, including all payments and promises made.
DEA Confidential Informant Management 3
Under DEA's Confidential Source program, which category of person is PROHIBITED from being opened as a CS without special written authorization from DEA Headquarters?