Reading Room Document

FBI Undercover Practices

In this memo, the OLC advised the FBI regarding the legality of certain undercover practices, including the use of income from the investigation to defray the costs of the investigation, the leasing of property to further the investigation, and depositing money into banks. The OLC concluded that even though it was probably not Congress’ intention to circumvent essential FBI undercover efforts, the broad language of several statutes raised questions about the legality of those practices. The OLC concluded that the long-term solution was corrective legislation and the short-term solution was the OLC and FBI bringing the matter to the attention of the appropriate Congressional committees.

April 3, 1978