Undercover

Question 1

Special Agent in Charge (SAC) and Group Supervisor (GS) Authorized Operations:

Answer 1

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.

Question 2

Executive Associate Director of HSI Authorized Operations

Answer 2

• 6-12 months, no statutory exemption requirement or DHS/ICE Sensitive Circumstances

Question 3

The CUC Administrative Overseer (CUC)

Answer 3

• 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

Question 4

Director of HSI EAD and Certified URC

Answer 4

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

Question 5

If SAC approved OP rises above SAC approval

Answer 5

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.

Question 6

Program Manager

Answer 6

• Senior Special Agent or Supervisory Special Agent
• Selected by overseer
• coordinate all administrative aspects of CUC ops

Question 7

The Certified Undercover Fundamental Financial System (CUFFS)

Answer 7

• In control of the finances, transactions, records, documents.

Question 8

Investigative GS

Answer 8

• 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

Question 9

Case Agent

Answer 9

• 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

Question 10

Contact Agent

Answer 10

• Usually someone close to UC, generally one person.

- Single point of Contact for the UC

Question 11

Cover Agent

Answer 11

• Ensure security of the UC and OP.

- May be part of Surveillance or UC rescue team if no SRT available

Question 12

Undercover Liaison Coordinator (ULC)

Answer 12

• 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

Question 13

Removal or Copying of Documents or Property

Answer 13

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

Question 14

Oral Communications

Answer 14

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.

Question 15

Alterations of Conveyances

Answer 15

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

Question 16

Consult the Office of Principle Legal Advisor (OPLA)

Answer 16

Legal issues
National policy issues
Personal Assistance Agreements (PAA)

Question 17

Consult AUSA when

Answer 17

• Assigned to a CUC Operation

- Issues relating to the direction and prosecution of the investigations.

Question 18

Examples of actions that may be permitted even though they may be against the law

Answer 18

a) Purchase and possession of stolen goods or contraband
b) Payment of bribes
c) Obtaining false documents
d) Consensual monitoring

Question 19

Types of undercover Roles

Answer 19

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

Question 20

Exempt from Training Waiver for Undercover Candidates

Answer 20

• 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

Question 21

Undercover Identification

Answer 21

• 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

Question 22

Personnel Considerations

Answer 22

• 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

Question 23

Flexibility

Answer 23

• Build in extra time for everything

- Overly Accommodating = Cop or soft target. Not good to be viewed as either one