Unnamed FBI Special Agent Violates Numerous Federal Regulations, but Escapes DOJ Prosecution

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The Department of Justice says it will not prosecute an FBI special agent after an investigation determined that the agent violated several standards of FBI policy and conduct, including lying to the bureau and withholding "information related to a state criminal investigation from a local police department."

The dense, one-page release by the DOJ Office of the Inspector General did not name the special agent, but the report itemized at least eight significant violations. Many of the allegations substantiated by the OIG investigation dealt with the agent's interactions with a confidential human source (CHS).

According to the report:

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The OIG investigation substantiated the allegations that the SA [special agent] received gifts, including money and items of value from the CHS, in violation of federal regulations regarding standards of conduct for federal employees and FBI policy. The OIG further found that the SA: continued to use the CHS after the CHS had been deactivated by the FBI; protected the CHS and the CHS’s illegal business; misused FBI assets for personal gain; and committed computer security violations, all in violation of federal regulations and FBI policy. The OIG also found that the SA improperly withheld information related to a state criminal investigation from a local police department, and provided false information to the police department regarding the CHS’s status as an FBI CHS, which actions were wholly inconsistent with the SA’s obligations as a federal law enforcement officer. The OIG also found that the SA lacked candor with the FBI and the OIG, in violation of FBI policy.

The FBI told the Washington Free Beacon that the matter has been referred to the bureau's Office of Professional responsibility, "where it is currently being adjudicated."

The DOJ indicated that per departmental policy, it does not comment on prosecution decisions.

A list of similar investigations into employee conduct is maintained at the DOJ inspector general's website, and the disclosure of the findings of an internal IG report such as this are voluntary.

The report comes amid a political environment in which the FBI is straining to defend its reputation after a year of criticism from President Trump, other top administration officials, and allies who have alleged or insinuated that Trump's 2016 campaign was targeted by FBI officials who were biased against Trump's candidacy.