This was the quote from the jury foreman after a recent trial of 20 defendants in a high profile federal bribery case in which all of the defendants were acquitted. What led to the "amateurish operation?" The leading cause was the unprofessional relationship between the case agents and the "star" informant in the case, Richard Bistrong. During the trial text messages between the agent and Bistrong which were described as "racy and vulgar" and included jokes about sex, booty calls, prostitutes, the informants wife and the agents girlfriend. As a result, the jury foreman concluded, "we found the governments witnesses to have little credibility" (Learn more about the case here).
This case brings to light a few cardinal rules for working with informants. In law enforcement we review the cardinal rules of gun safety every time we go to the range (assume all guns are loaded...keep your finger off the trigger and outside the trigger gaurd.....). But how often do we remind ourselves of the cardinal rules of working with informants before we immerse them in a major investigation? An investigation that could have negative consequences ranging from the loss of a case, allowing a criminal to go free; to getting ourselves hurt due to reckless handling of the informant.
So, here are a few cardinal rules of managing informants we should all adhere to:
1. Knowledge is power: Know who you are dealing with! All informants have baggage that must be identified and that handlers must always keep in the back of their mind. In this case, Richard Bistrong had admittedly previously had a cocaine habit of $15,000 per month and regularly hired prostitutes. He was also convicted of bribing foreign officials; a crime of great manipulation and deception. Clearly, like many "cooperating defendants" we work with, Bistrong is a man severely lacking in character. That the FBI agents took on such a casual relationship with him could ultimately have cost them a lot more than the case.
2. Know their motivation! Clearly, Bistrong had a strong personal motivation as he was seeking judicial consideration in his own criminal case. But could it have been that he was also motivated to embarrass the FBI, the same agency responsible for arresting him? Given the high end lifestyle Bistrong enjoyed as a result of his criminal activities, one is left to suspect that he is a man of great vanity and ego that would enjoy the challenge of smearing the FBI.
3. Keep the investigator/informant relationship at a professional level at all times! Conduct yourself as if your career, your family and your life depend on the way you interact with every informant. Remember, this is not a mutually satisfying relationship-they work for you. They need you more than you need them. Without an agreement, they will go to prison, you will go home. They will lose their freedom, you will lose only the time it takes to develop another informant. Also, conduct yourself as if your actions are always an open book to the public. In todays technology driven society we must be ever aware of our actions being documented and monitored. If you would not want your words or actions to be revealed in open court than don't say or do them.
4. Most importantly; CONTROL, CONTROL, CONTROL. Never lose control of the investigator/informant relationship. You must be in control of thier actions at all times. After reading of the Bistrong saga, it is evident that the agents lost control of this relationship. I do not know the agents personally, but after reading the text message exchanges between them and Bistrong, it appears to me that the agents lost control and began to converse with Bistrong at his sordid level.
There are many other important rules to follow when working with informants. They are thoroughly instructed at the Signal 13 Training "Developing and Managing Informants" course, along with analysis of numerous other cases invovling informants. To learn more about this course please visit our website at http://www.signal13training.com/.
