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Criminal Informant Law, Policy, and Research

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Informant Crime

Snitch deals in Kilmar Abrego Garcia case

June 30, 2025 by Alexandra Natapoff

Last week, a federal judge refused to detain Kilmar Abrego García, a Maryland resident who was wrongly deported to El Salvador and now faces criminal charges, based on what she deemed to be unreliable testimony from three different government informants. Judge Barbara Holmes described the lead cooperator as “a two-time, previously-deported felon, and acknowledged ringleader of a human smuggling operation, who has now obtained for himself an early release from federal prison and delay of a sixth deportation by providing information to the government.” Court order here. A Washington Post article — Star witness against Kilmar Abrego García was due to be deported. Now he’s being freed — describes the informant as having a long criminal history, including gun violence, in contrast with Abrego Garcia’s lack of any criminal record at all. The other two informants were family members of the main informant; in return for their testimony one is seeking release from custody (on unrelated federal criminal charges), and both are seeking deferred action on their pending deportations.

Many have commented on the counterintuitive fact that the government’s star witness has already been convicted of worse crimes than Abrego Garcia is accused of. But the informant market often flips the conventional rules of crime and punishment: letting the government use the proverbial “big fish” as an informant to catch smaller, less culpable fish. The practice is prevalent in, although not limited to, drug enforcement. This New York narcotics unit, for example, helped their informant drug dealers stay in business in exchange for turning in their low-level client drug users. An ACLU report described the same dynamic in New Jersey, under which “more culpable leaders of drug networks — the ‘kingpins’ — may get less severe punishment than underlings who play a lesser role in the drug trafficking operation.”

Perhaps the highest profile critique of this practice issued in 1966 from none other than U.S. Supreme Court Chief Justice Earl Warren, himself a former prosecutor. In its efforts to prosecute Teamsters Union President Jimmy Hoffa for a misdemeanor, the FBI dug up an incarcerated informant who was facing charges on manslaughter, kidnapping, embezzlement, assault and perjury. The informant was freed and all charges eventually dropped in exchange for his help prosecuting Hoffa. The Supreme Court validated the deal in the case Hoffa v. United States, but Chief Justice Warren dissented, complaining that “the Government reache[d] into the jailhouse to employ a man who was himself facing indictments far more serious … than the one confronting the man against whom he offered to inform.” He worried that “this type of informer … evidence[s] a serious potential for undermining the integrity of the truth-finding process in the federal courts.” Chief Justice Warren lost that argument, which is why the government is legally permitted to use, reward, and even forgive serious criminal offenders when they serve as informants against less blameworthy or dangerous people.

Filed Under: Dynamics of Snitching, Immigration, Incentives & Payments, Informant Crime, International, Reliability

FBI informant ran enormous multinational scam while under FBI supervision

June 28, 2024 by Alexandra Natapoff

From Bloomberg News, an extensive investigation into the FBI’s risky reliance on an informant who one former FBI agent called “the Don Corleone of cybercrime.” According to the report, Gery Shalon was “charged with 33 federal counts, including hacking, securities fraud and money laundering, [and] he faced decades in a federal prison. Instead, he spent just 10 months in a New York jail.” Shalon cooperated with the FBI for over five years, working and traveling under agency supervision. But “according to police and prosecutors in Europe [] [t]hey have evidence that during his time as a US cooperator, Shalon continued to run a substantial criminal operation targeting tens of thousands of European victims.” From the story:

[T]he running of [Gery] Shalon, one of the most significant cyber cooperators in American history, now has the potential to turn into a debacle for both the FBI and New York’s Southern District, the most powerful US attorney’s office in the country.

The details of the case add fresh fuel to concerns about the way the American system of justice commodifies guilt, exchanging criminal punishment for aid with higher investigative priorities. And thousands of European victims will have questions of their own, about how a mastermind of their woes operated so freely on the US government’s watch.

Story here: “The FBI’s Star Cooperator May Have Been Running New Scams All Along.“

Filed Under: Informant Crime, International, White Collar

Violent FBI informant infiltrates Denver’s racial justice movement

February 9, 2023 by Alexandra Natapoff

From Trevor Aaronson at the Intercept, this profile of an informant used by the FBI to infiltrate, record, provide weapons to, and incite violence by Black activists in Denver: The Snitch in the Silver Hearse. Michael Windecker — who had prior convictions for sexual assault of a 14-year-old girl and weapons charges — was paid over $20,000 during the summer of 2020 at the height of Denver protests against the killings of George Floyd and Elijah McClain. Among other astounding things, Windecker drove an activist to the personal home of Colorado Attorney General Phil Weiser (who was overseeing the prosecution of the police and paramedics who killed McClain) where Windecker affirmatively encouraged the activist to kill Weiser. The activist refused.

The FBI has a long sordid history of using informants to infiltrate and disrupt progressive political groups. See previous posts here. For more history, see Elizabeth Hinton, The Unsettling Message of Judas and the Black Messiah in The Atlantic, and Gary Marx’s classic book, Undercover.

Filed Under: Informant Crime, Political informants, Terrorism

Podcast with Law & Philosophy on the commodification of guilt

January 6, 2023 by Alexandra Natapoff

Listen to me and Max Diamond of the Harvard Law & Philosophy Society discuss how the informant market degrades our principles of guilt and culpability by buying, trading, and otherwise commodifying them.

Filed Under: Book events/media, Incentives & Payments, Informant Crime

Podcast with Adam Conover on Factually!

January 1, 2023 by Alexandra Natapoff

Great, hour-long conversation with Adam Conover about all that is shocking and bizarre about the informant system.

Filed Under: Book events/media, Incentives & Payments, Informant Crime, Innocence, Jailhouse Informants, White Collar

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