Snitching

Criminal Informant Law, Policy, and Research

International

FBI informant ran enormous multinational scam while under FBI supervision

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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.“

FBI Agent reveals illegal informant tactics in the domestic war on terror

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Informants are central to and embedded in numerous larger law enforcement programs. The New York Times Magazine published this profile of FBI agent Terry Albury who, among other things, pushed back against the FBI’s coercive development of informants in pursuit of baseless counterterrorism investigations, as well as racial and religious profiling. Albury was convicted in 2018 of leaking classified documents to journalists; he was sentenced to four years in prison. From the article, “I Helped Destroy People“:

“Assessments were the opening salvo to the informant-recruitment process. It was a delicate art of manipulation, persuading a person to work for the federal government against his or her own community, but with access to the person’s criminal history, or immigration status, it was much easier. There were different techniques agents were allowed to use. They could assist a person who lacked legal status to be given it, a tactic known as the “immigration-relief dangle.” Conversely, agents could also work with immigration officials to deport those people if and when they’d exhausted their usefulness as confidential sources. Fear was a prominent driver. . . . Another approach was to threaten uncooperative sources with spreading disinformation unless they agreed to cooperate. “The script was, ‘Everyone in your community already thinks you’re a source, so you might as well work with us.'” “

Assessing terrorism informants 20 years after 9/11

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NYTimes story covering the prosecution of an alleged terrorist who was set up by a paid government informant: The ‘Herald Square Bomber’ Who Wasn’t. Nearly 50 percent of international terrorism cases have involved informants, in a process that has drawn criticism for decades. From the article:

“In [terrorism] trials, the government presented evidence gathered by paid civilian informants who latched onto low-income, vulnerable and mentally challenged individuals, urged them toward a plot and, in several cases, even offered money and supplies to carry out bombings.”

See here for previous posts on terror-related informant policies.

Japan considers snitching

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Japan is introducing American-style plea bargaining in which defendants can trade information about others in exchange for leniency.  Some are concerned about the risks of snitching in general, and of wrongful convictions in particular.  The law is more limited than the U.S. version, and only permits certain kinds of deals and only for certain kinds of crimes.  From the Japan Times:

“Unlike the U.S. plea bargaining system, admitting to a crime does not warrant a deal with prosecutors in Japan. The new system, introduced in a revision to the criminal procedure law, allows suspects in such crimes as bribery, embezzlement, tax fraud and drug smuggling to negotiate with prosecutors. The bargaining only applies to crimes listed in the law, with murder and assault off-limits.”

Multimillion-dollar drug bounties for informants

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Bloomberg recently explored the State Department’s Narcotics Reward Program which offers bounties for information on high-ranking drug traffickers: America’s Multimillion-Dollar Bounty Program Just for Drug Lords.   As always, the program accepts the risk of rewarding and protecting serious, violent criminals in exchange for information about other potentially more serious, violent criminals.  As the article notes, “[c]ritics of the government’s rewards programs warn that huge cash bounties increase cartel violence and encourage corruption among U.S. law enforcement personnel. But the program’s success is hard to dismiss, its proponents contend.”  Other agencies, including the IRS and the SEC, offer large bounties to informants as well.