The Freedom Of Information Act and Criminal Investigations

In August 1976, an FBI field office contacted a source to determine why he was not now providing the FBI with information as he had been in the past. This source replied that he was in fear of losing his job and of retaliation by individuals about whom he might furnish information. The source asked if the FBI could guarantee the confidentiality of his relationship and of the information he furnished. He stated he was particularly concerned about confidentiality in light of the FOIA, In view of his apprehensions, this individual is no longer being contacted by the FBI.

Two individuals in a position to furnish the FBI with important information regarding a series of train wrecks refused to do so because they feared the FOIA would force the FBI to reveal their identities. This attitude existed even after assurances were given by the agents regarding the FOIA.

Agents contacted a former criminal informant who associated with several individuals under investigation. The source, who displayed knowledge of the FOIA, expressed extreme concern of the disclosure provisions. The two agents spent approximately one-half hour discussing this with the source. Both agents were of the opinion that the FOIA prevented them from obtaining details of value.

A confidential source advised that "general street talk" was that one should not provide information to the government since this information would eventually be publicized as a result of the act.

In 1976, an active informant stated he would no longer continue in that capacity because it was his belief, as a result of the act, his identity and confidentiality could no longer be protected.

A Federal inmate convicted of unlawful interstate flight to avoid confinement and attempted murder of law enforcement officials confronted and threatened an FBI source in a prison exercise yard. The source had provided the Bureau with valuable information about a bank burglary conspiracy matter involving the inmate. The inmate showed the source an FBI document he received under the FOIA, and accused the source of being a government informant. The accusation was based on the inmate's reasoning that because only three people knew the details of the crime discussed in the document, and two of those names appeared in the document caption, the name of the missing person must also be the name of the informant. In order to protect the source's life, prison authorities were required to transfer the source to another facility. However, the source's usefulness was ended and word has reached the street the source is a government informant.

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