the cops are often worse then the criminals!
Original Article
'The world of the rat'
Criminal informers heighten risk for agents, may create obstacles for future prosecution
Dennis Wagner
The Arizona Republic
Jan. 23, 2005 12:00 AM
When government agents recruit snitches for undercover work, they run the risk of getting duped. Experts on the use of informers say it's an unsavory byproduct of dealing with people who are willing to betray their friends in return for money or a break on criminal charges.
Mike Levine, a retired federal agent and specialist in handling informers, was hardly shocked to hear that informers duped their federal handlers during an investigation of the Hells Angels in Arizona.
"This is the world of the rat right now, and it's only going to get worse," said Levine. "Nothing surprises me. It's frightening."
During the two-year biker probe known as Operation Black Biscuit, an informer used drugs, assaulted people and lied to control agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Prosecutors and ATF officials declined comment. Levine said such transgressions, though illegal and distasteful, seldom jeopardize criminal cases because once an informer gets inside a criminal organization prosecutors rely on taped conversations and other evidence.
Besides, Levine added, judges and juries aren't likely to let criminals go free just because investigators made a case with unscrupulous snitches.
Gregory D. Lee, a former supervisory agent and academy instructor for the FBI, said many criminal syndicates can be penetrated only with the help of insiders, most of whom are also felons. The informers go undercover for pay, for vengeance or to have their own criminal charges reduced or erased.
Nearly all are dishonest, Lee said, and if not carefully monitored will use drugs, entrap suspects, steal money and lie to handlers. When that happens, ambitious detectives may look the other way.
Why? Levine and Lee said one major undercover sting, such as Operation Black Biscuit, can make a detective's career, bringing awards, promotions and peer admiration. If the investigation gets shut down because of a renegade informer, however, bad guys go free and the agent is blamed for a blown case.
"You've got this ego thing," Levine added. "You want to prove yourself. So you find an informant and, pretty soon, he's handling you.... It's almost like a law of gravity. It happens all the time.... A cop will say, 'You're only as good as your informant.' My answer is, 'If that's the case, you're a lying, dirtbag piece of (excrement).' "
Law enforcement agencies issue policy directives and train investigators to prevent abuses. When those rules are broken, however, there are seldom repercussions for detective or snitch.
In Operation Black Biscuit, a confidential witness named Michael Kramer admitted in court that he had used methamphetamines, beat people up and scammed his handler for months. Yet federal authorities rewarded the informer, who took part in a murder before going undercover, with living expenses plus $500 a week in spending money, and a plea deal that carries no prison time.
Levine said prosecutors face a dilemma: If they go after a crooked informer, they lose a witness who can help dismantle the Hells Angels and put away two other murder suspects. "Getting two out of three is better than getting none at all," he said. "You don't like it, but you've got to accept the facts of life sometimes."
With trials pending, Hells Angels' attorneys have condemned Operation Black Biscuit as a travesty. But their defense options are limited. They can try to convince jurors the government sting was so outrageous that charges should be dumped, but that seldom works. They can argue that snitches initiated crimes that would not have been committed otherwise, but the legal standard for entrapment is difficult to meet. Or they can dig up as much dirt on informants as they can find and threaten to bring it out in court. Faced with a public embarrassment, the government may offer more attractive plea bargains.
Reach the reporter at dennis.wagner@arizonarepublic.com or (602) 444-8874.
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