Table Of ContentCONFIDENTIAL
INFORMANT
Law Enforcement’s Most
Valuable Tool
John Madinger
CRC PR ESS
Boca Raton London New York Washington, D.C.
© 2000 by CRC Press LLC
Library of Congress Cataloging-in-Publication Data
Madinger, John.
Confidential informant : law enforcement’s most valuable tool /
by John Madinger
p. cm.
Includes bibliographical references and index.
ISBN 0-8493-0709-0 (alk. paper)
1. Informers—United States. 2. Informers—United States case
studies. 3. Criminal investigation—United States. 4. Law
enforcement—United States. I. Title.
HV8138.M33 1999
363.25´2—dc21 99-39503
CIP
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Preface
“Now this foreknowledge cannot be elicited from spirits; it cannot be obtained inductively from
experience, nor by any deductive calculation. Knowledge of the enemy’s dispositions can only be
obtained from other men.” —Sun Tzu, The Art of War
Our story begins 2000 years ago with the words of Sun Tzu, a Chinese general and a man who
valued information and those who brought it to him. The informant is an institution as old
as history. Controversial for nearly as long, the informant’s role in law enforcement is as
important today as it was in Sun Tzu’s day. One might suppose that, at a time when science has
given the police more tools than ever before to use in the war on crime, we would not need to
rely so much on the informant. Unfortunately, Sun Tzu was right in saying that knowledge of
the enemy’s dispositions can only be obtained from other people.
Law enforcement’s challenge is to make effective use of this valuable resource and to do
so in an ethical way. This book is written primarily for criminal justice professionals to assist
them in meeting this challenge. Although I believe it offers some relatively new perspectives on
a very old subject, much of what is contained in these pages is also found in the collective
wisdom of a hundred generations of law enforcement officers.
Transported to the present day, the officers who paid Judas Iscariot his 30 pieces of silver
and escorted him to the garden of betrayal would find the techniques of informant manage-
ment little changed in the intervening 20 centuries. Certainly the outcome — a swift resolu-
tion, conviction, and sentence — is still the common result of an informant’s cooperation, even
in cases that otherwise defy solution for years.
We will be visiting with Sun Tzu throughout the book. Because he possessed significant
insight into the secret world of informants and spies, the Chinese philosopher-warrior is
quoted extensively. In The Art of War, he outlines principles a general can use to conquer his
foes. Many of these principles are still valid today, and none more so than those which focus
on the importance of the spies who collect the intelligence for the general who runs the war.
Much of what Sun Tzu says is common sense, plainly understood by a thoughtful and
interested student. He does, however, propose a fairly complex system with respect to acquiring
information for use in the war. Within this system are several types of informants who perform
different functions and act for different reasons. As we shall see, the characteristics of the spies
of Sun Tzu’s ancient system are as likely to be found in the informants of the 21st century.
But understanding, rather than mere acceptance of, Sun Tzu’s principles is required for
our success. In order to realize the full potential of the confidential informant, it is necessary
to understand the individual — how and why he behaves the way he does. This understanding
transcends tactics. Therefore, the objective of this book is not to teach technique, although
some techniques are discussed to provide insight.
If we can understand why trust is so important in human relationships, we may under-
stand why the betrayal of trust carries such a heavy burden. If we know the barriers to betrayal,
we can understand some of the motivations which cause people to pass those barriers. And, if
© 2000 by CRC Press LLC
iv Confidential Informant: Law Enforcement’s Most Valuable Tool
we know what motivates people to inform, we can learn how to control the entire process,
realizing the full potential of each informant.
This is a very challenging set of ifs, but the rewards are substantial. To illustrate how these
rewards might be reached, the text refers to scores of criminal cases, all of which involve an
informant in some way. Each chapter also includes a case study that illustrates the principles
discussed in that chapter. The cases outlined in the studies are well known to most in law
enforcement. As such, they provide us with the opportunity to look at familiar facts from a new
perspective. In our study of the informant, we should be analyzing these examples, not as a
faultfinder, hoping to detect the mistakes or failings of another, but as a student who can learn
from the experience of others.
The text and the case studies are designed to provide the reader with insight into the
informant’s life. The strains of this existence and the emotional pressures of informing are
reflected in the actions of the characters of these short stories. It is my hope that by viewing
these actions in light of the additional information and perspective of this book, we may
better understand the informant. This understanding, more than a flat knowledge of proce-
dures or techniques, will make law enforcement officers better able to develop and manage
informants.
This ability is important, because informants solve cases in amazing numbers, not only in
drug enforcement, where informants are indispensable, but also in crimes such as murder,
terrorism, gambling, kidnapping, bank robbery, perjury, obstruction of justice, bootlegging,
and assassination. These are some of the crimes that are described in the case studies. The law
enforcement officer, regardless of his or her assignment or duties, can almost always benefit
from the assistance of a good informant.
One of the themes of this book is that good informants are not born, but made, and the
law enforcement officer is the maker. Whether we succeed or fail in this construction will
depend upon the insight we have into the character of the person giving the information. Do
you understand why he is here? Do you have all the information he possesses? Can you use the
informant in an effective and ethical way to exploit the information he provides? If we are
going to succeed in making the best use of informants, we are going to have to find the answers
to these questions.
Informants work so well that, although they play a critical role in the American system of
criminal justice, the use of informants is often attacked. Defense attorneys, civil libertarians,
and the victims of informant betrayals all decry law enforcement’s use of this investigative
technique. Informants are criticized as intrusive, in violation of civil rights, abusive of due
process, and just plain unfair. The pacts that are made to secure the cooperation of informants
are routinely denounced as “deals with the devil.” The worst of this condemnation is reserved
for “paid” or “bought” informants who sell their information (and some would say, their souls)
for mere money or those who seek a chance at a lighter sentence.
We must accept that there is more than just a grain of truth to these complaints. Infor-
mants are terribly intrusive. Some informants do lie, cheat, and violate the rights of the people
we are supposed to be investigating. Some corrupt the officers with whom they work. Worst
of all, the act of betrayal is often so catastrophic as to destroy relationships built up over
decades. The effects of the informant’s breach of faith are felt long after the judge’s gavel falls.
Therefore, it behooves us to listen to the people who make these denunciations. Abuse of
this investigative resource could result in official or judicial disapproval of informants, some-
thing that could, in turn, deprive society of law enforcement’s most valuable tool. But, those
who scorn the informant should stop for a moment to consider the fact that it was an
informant — a paid one, in fact — who reported plots to bomb bridges, tunnels, and other
public places in New York City to the FBI. Had it not been for the actions of this informant in
coming forward, thousands of Americans could have been killed.
© 2000 by CRC Press LLC
Preface v
That information was priceless and so was the informant who brought it to the attention
of the FBI. As law enforcement professionals, we have a responsibility to protect that resource.
We also have the obligation to employ this invaluable weapon in a way that preserves its
usefulness for future cases. In this regard, we must find ways to employ informants in the most
effective and ethical way possible. The purpose of this book is to provide some ideas about
achieving this very worthy goal.
© 2000 by CRC Press LLC
The Author
John Madinger is a Senior Special Agent with the Criminal Investigation Division of the
Internal Revenue Service. In his 25-year law enforcement career, he has also served as a
narcotics agent, supervisor, and administrator. He earned a Bachelor’s degree in Criminal
Justice from Indiana University and has extensive experience in the investigation of drug
trafficking, organized crime, money laundering, and financial crimes. He is also the author of
an earlier book on money laundering.
© 2000 by CRC Press LLC
Contents
1 The Divine Manipulation of the Threads
A Study in Conflict
Definitions
The Threads
The Divine Manipulation
Summing Up
Case Study: Am I My Brother’s Keeper?
Analysis
Motivation
Access
Control
Summing Up
2 The Informant in Law Enforcement
From Then to Now: A Short History of the Informant
A Field Guide to Informants
Witness/Informant
Active Informant
Source of Information
Special Categories
Jailhouse Informants
Unwitting Informant
Agent Provocateur
Special Employees
Summing Up
Case Study: We Could Have Shot the Well-Meaning Old Meddler
Analysis
Motivation
Access
Control
3 The Weight of Betrayal
Trust
Betrayal
Case Study: The Weight of Betrayal, a Clash of Loyalties
© 2000 by CRC Press LLC
x Confidential Informant: Law Enforcement’s Most Valuable Tool
Analysis
Motivation
Access
Control
Summing Up
4 Motivation and Behavior
Motivation
Informant Motivation
Fear
Threat of Incarceration
Threat of Harm by Associates
Revenge
Perverse
Egotistical
Mercenary
Repentance or Desire To Reform
Jealousy
Cop Wannabe/James Bond
Good Citizen: Patriotic Motive
Mentally Disturbed Individuals
Summing Up
Case Study: John Dillinger
Analysis
Motivation
Access
Control
Summing Up
5 Informant Development
Motivation, Trust, and Conscience
Trust
Trust in the Officer’s Word
Trust in the Officer’s Discretion
Trust in the Officer’s Competence
Conclusion
The Area of Conscience
Defining the Area of Conscience
Broadening the Area of Conscience
Motivation
Understand the Individual’s Needs
Describe the Benefits that Accompany the Proposed Solution
Demonstrate or Explain How the Proposed Solution
Fits the Individual’s Needs
Influencing the Decision
Rapport
Other Factors Influencing Rapport
© 2000 by CRC Press LLC
Contents xi
Breathing
Kinesics
Proxemics
Principles of Influence
Reciprocation
Consistency and Commitment
Social Proof
Liking
Authority
Scarcity
Influencing Ethically
Informant Development
General Preparation
Progressive Approach
Determinate Approach
Background
Foundation
Construction
Dos and Don’ts
Respect
Closing
Setting (the Interpersonal Relationship)
Case Study: Why Didn’t Monica Flip?
Analysis
The Attempt to Recruit Lewinsky
Motivation
Linda Tripp
Lewinsky
Summary
6 Access
Access as a Factor of Trust
Determining Access
Creating Access
Summing Up
Case Study: Artful Eddie and His Mechanical Rabbit
Analysis
Motivation
Access
Control
7 Informant Management
Management
The Manager’s Role
Management Styles
Delegating: A Good Idea and Why It Will Not Work
A Leadership Style for Informants
© 2000 by CRC Press LLC
xii Confidential Informant: Law Enforcement’s Most Valuable Tool
Informant Management
The Basis of Control
Share Information, Not the Informant
Establishing Control
Rules and the Informant Agreement
Documentation
Evaluation and Assessment
Initial Debriefing
Rating Scales
Maintaining Control
Telephone Contacts
Home Telephone Contact
Personal Contacts
Frequency
How To Meet an Informant
Where To Meet an Informant
Emergency Contacts
Searches
Corroboration
Communication
Two-Way Communication
Communication and Management
Barriers to Effective Communication
Documentation
Management Review
Payment
Relinquishing Control
Termination
Termination with Prejudice
Contact after Termination
Summing Up
Case Study: World Trade Center Bombing
Analysis
Motivation
Access
Control
Summing Up
8 Interviewing and Communications Skills
Basic Interviewing Rules
Safety First
Remember Motivation
Minimize
Write for the Jury
All Communication Is Two Way
Corroboration Is the Key
Interviewing Techniques
Setting the Stage
Plan the Interview
© 2000 by CRC Press LLC
