NW 35065 Docid: 329859528 } r \ i , i i { : r (D) SUBVERSIVE ORGANIZATION CHARACTERIZATION - TRI- CONTINENTAL INFORMATION CENTER -- Set forth below is an up- to-date characterization of the Tri-Continental Information Center which replaces the one in SAC Letter 69-50. A source advised on February 18, 1967, that it was announced at an Executive Board meeting of the Communist Party of Minneapolis, Minnesota, in 1967, that Mike Myerson was forming an anti-imperialist | center. This center became known as the Tri-Continental Information Center (TCIC) and maintained an office in Room 640, 1133 Broadway, New York City. A second source advised on May 11, 1967, that the TCIC was founded by Mike Myerson, who attended a Communist Party, USA, National Committee meeting in June, 1967, in New York City, asa Communist Party front organization supported by Communist Party funds. The TCIC was described in Volume I, Number 1, May, 1967, issue of the "Tri-Continental Information Center Bulletin" as an organization established to raise, through education and information, an anti-imperialist consciousness in the United States--particularly within the growing movements for peace, human rights and democracy. A third source advised on September 26, 1969, the TCIC was considered defunct as of that time. Sources: - »DELETED | DELETED DELETED Very truly yours, John Edgar Hoover _ Director 11/18/69 SAC LETTER 69-69 -9-— Page 813
In Reply, Please Refer to - December 9. 1969 File No. . SAC LETTER 69-73 UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D.C. 20535 ; . r (A) FBIRA MATTER - INTEROFFICE FIREARMS COMPETITION (PPC) 1969 -- Iam pleased to announce the results of the 1969 FBIRA-sponsored Interoffice Firearms Competition (PPC): The Dallas Division won the overall competition with an average score, including handicap, of 101.05 (93.90 + 7.15). The "J. Edgar Hoover Practical Pistol Course Trophy” NW 53069 : Se is being sent to Dallas where it will remain until the winner of the 1970 Competition is determined. A plaque is also being forwarded to Dallas which is to be permanently retained by that Division. In addition to the overall winner, plaques for permanent retention will be presented to the second- and third-place winners, Anchorage - 100. 97 (98.12 + 2.85) and Detroit - 100.87 (94. 90 + 5. 97) respectively. Again this year, divisions were divided into groups according to the Agent participation and the office having the highest average, plus handicap, in each group is being cited for "honorable mention." Excluding the first three winners, the division in each group winning the citation is as follows: Net Gross Group 1 - Newark 93.89 99.14 Group 2 - Sacramento 92.59 99.38 Group 3 - Springfield 93.06 99.17 Group 4 - Salt Lake City 95.26 100.33 The relative standing of each office, according to group, is as follows: DocTd: 325989528 Page 814
\ ecb fem ped feck fomh feck fed cf e e ry * * * oe ° fenh pk feck fd fred 2 BOS 0 90 Ig OT UR Go to 15. Group 1 Newark Cleveland Los Angeles Baltimore Pittsburgh Kansas City Philadelphia Atlanta Chicago Boston Washington Field Miami Seat of Government New York City New Orleans San Francisco Group 3 Springfield Mobile Milwaukee Buffalo New Haven San Antonio Phoenix Las Vegas Omaha Birmingham Memphis Louisville Houston St. Louis Denver Net 93. 91. 92. 91. 92. 92. 91. 91. 93. $2. 91. 89 22 73 82 11 89 29 88 29. 30 02 90. 90 89. 88. 90. 89. 92 62 D2 90 Net 93. 92. 94, 93. 91. 90. 92. 95. 90. 90. 90. 90. 92. 90. 89. The increase in participation by Agent personnel and the enthusiasm 06 99 06 00 94 35 04 20 94 05 57 20 09 20 90 Group 2 sacramento Tampa Columbia. Charlotte Jackson Cincinnati Indianapolis Seattle San Diego Minneapolis san Juan Richmond Jacksonville Oklahoma City 6 CO AIO) OT Co bo e e eo eo e e e He Oo bo — & ° e ° Group 4 Salt Lake City Knoxville Norfolk Portland Little Rock Albuquerque Alexandria El Paso Butte 10. Albany 11. Honolulu 12. Savannah co 0 ~J aon Hm OO DO et generated in the overall competition for the "J. Edgar Hoover Practical Pistol Course Trophy" are indeed heartening. This year the overall average for Special Agents participating was 91.33. 12/9/69 SAC LETTER 69-73 MW 35069 Doold: 32969526 Page 815 -2-
(B) VOUCHERS - INCREASED TEMPORARY QUARTERS ALLOWANCE - As a result of the per diem rate being increased to $25 as set forth in SAC Letter 69-72, dated December 2, 1969, the Bureau has approved the following daily rates for the employee and members of his immediate family while occupying temporary quarters when the employee has been officially transferred to a new duty station. The effective date for the increased rates is December 1, 1969. - For employees: $18 for the first 10 days $12 for the second 10 days $ 9 for the third 10 days For dependents: $12 for the first 10 days $ 8 for the second 10 days $ 6 for the third 10 days Manual changes will be forwarded under separate cover. 12/9/69 SAC LETTER 69-73 ~3- MW 35069 Doocld: 32959526 Page 16
(C) #BI NATIONAL ACADEMY TRAVEL AND SUBSISTENCE ALLOW- ANCES -- As you were advised by SAC Letter 68-47(A), travel and subsistence expenses were made available under the Omnibus Crime Control and Safe Streets Act of 1968 for local law enforcement officers from the United States attending the FBI National Academy. Officers attending in Fiscal Year 1970 received travel and $16 per day subsistence allowances from the regular FBI appropriations. Since we assist officers in obtaining housing accommodations and encourage them to share expenses while attending the National Academy, we feel that the $16 a day allowance is sufficient at the present time to handle their expenses while in Washington. The most recent National Academy class felt that $16 a day was sufficient to handle their expenses. We will, of course, reevaluate this matter from time to time and in the event there is any change, you will be advised. The $16 a day per diem rate will apply to any other officers attending FBI-sponsored schools in Washington, D. C., wherein travel and subsistence allowances are authorized. 12/9/69 SAC LETTER 69-73 -4- MW 55069 Doold: 32809525 Page G17 -
| HW 35069 Doold: 32869528 Page 818 (D) TITLE II OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 -- A review of the use of court-approved electronic surveil- lance pursuant to Title III of the Omnibus Crime Control and Safe Streets Act of 1968 shows that excellent results have been obtained through coverage of carefully selected locations. . This legal evidence -gathering technique has been effectively utilized in organized crime investigations, particularly those relating to loan-sharking and gambling operations. For example, just one operation revealed those in control were handling $60, 000, 000 per year principally in lay-off action. In another instance, data from electronic surveillance enabled the Bureau to conduct 54 fruitful search-warrant raids involving an extensive interstate gambling operation. Insure Agent personnel handling investigations in connection with the Criminal Intelligence Program and other major criminal investiga- tions are thoroughly familiar with all aspects of Title I. They should be continually alert to the possibility of requesting use of this most effective investigative technique. As you know, it is mandatory that probable cause be established prior to approval of use of electronic surveillance. An analysis of aifidavits which have been approved requesting use of electronic surveillance reveals that top echelon informants and other sources have made substantial contribu- tions in establishing probable cause. Keep in mind informants can be of material assistance in this regard, In the event you have a specific situation presenting a special problem with respect to use of electronic surveillance, communicate with the Bureau. It is your responsibility to make certain that whenever special circumstances are existent which completely justify use of electronic surveillance pursuant to Title I, appropriate action is taken by your office. (Security Letters on attached pages) 12/9/69 SAC LETTER 69-73 -5-
(E) CHARACTERIZATIONS OF ‘RACIAL AND MILITANT BLACK ORGANI- ZATIONS ~ REPUBLIC OF NEW AFRICA - REVOLUTIONARY ACTION MOVEMENT - STUDENT NATIONAL COORDINATING COMMITTEE -- Set forth below are up-to-date characterizations of the Republic of New Africa and the Revolutionary Action Movement which replace those in SAC Letter 69-50 for these organizations. In addition, there is set out below a characterization of the Student National Coordinating Committee, which should be handled in accordance with the instructions set out in above- mentioned SAC Letter. ' REPUBLIC OF NEW AFRICA | 3 i i j Ra A source has advised that the Republic of New Africa (RNA) is an all-Negro organization founded in Detroit, Michigan, in March, 1968. Robert F. Williams, who was then residing in Peking, China, was named as its President-in-Exile. Williams fled the United States in 1961 following issuance of a local warrant for his arrest on a charge of kidnapping growing out of a racial incident in Monroe, North Carolina. He published and broadcast hate-type material in Cuba and China prior to his return to the United States in September, 1969. A second source has advised that the purpose of the RNA is to establish an independent black nation within the United States, demanding the States of Alabama, Georgia, Louisiana, Mississippi, and South Carolina in addition to $10,000 per black citizen as payment for 400 years of. ancestral slave labor. A third source advised on March 14, 1969, that an army of the RNA, known as the Black Legion, dedicated to black freedom and committed to the concept of systematic armed revolution, has been established. Black Legion members are expected to participate in military training and engage in firearms practice. The RNA plans to establish an underground Black Legion in addition to an aboveground Black Legion in order to avoid detection by the police. 12/9/69 SAC LETTER 69-73 -6- NW 55069 Docld: 32989526 Page #19 te
According to this source, Black Legion members acting as bodyguards at a session of the Second National - Convention of the RNA in Detroit, Michigan, on March 29, 1969, were involved in a shoot-out with members of the Detroit Police Department which resulted in the killing of one policeman and the critical wounding of another. — Sources: al REVOLUTIONARY ACTION MOVEMENT \ .. A source in November, 1964, made available a document which indicated that the Revolutionary Action Movement (RAM) was organized in 1963 by Afro-Americans who supported the revolutionary objectives of Robert F. Williams and his concept of organized violence to achieve the liberation of Afro-American people in the United States, Williams fled the United States in 1961 following issuance of a local warrant for his arrest on a charge of kidnapping growing out of a racial incident in Monroe, North Carolina. He published and broadcast hate-type material in Cuba and China prior to his return to the United States in September, 1969. According to this document, RAM oriented its program to education, political revolution and the organization of a black political party with revolutionary objectives, recog- nizing the need for "black revolution" that could and would seize power. This source in September, 1964, advised that RAM is dedicated to the overthrow of the capitalistic system in the United States, by violence if necessary, and to its replacement by a socialistic system oriented toward the Chinese Communist interpretation of Marxism-Leninism. 12/9/69 ; SAC LETTER 69-73 -T- Bem oes i oso NW 35069 Docld: 32989528 Page 820
In September, 1969, a second source advised that RAM has ceased to exist in the New York City area since the arrests of some of its leaders and members in 1967 on a number of charges including the state crime of Advocacy of Criminal Anarchy. In October, 1969, a third source advised RAM had ceased to exist in Philadelphia, Pennsylvania, which along with New York City had been its main sphere of activity. Sources: DELETED DELETED DELETED _ _ STUDENT NATIONAL COORDINATING COMMITTEE A source advised the Student National Coordinating Committee (SNCC), formerly known as the Student Nonviolent Coordinating Committee, is a nonmembership organization founded ; in 1960, during the civil rights movement in the South. Under the leadership of Stokely Carmichael, who served _as National Chairman during the period 1966-67, SNCC evolved from a civil rights oriented group into’ a full- blown black revolutionary organization. A publication entitled "1967 High Tide of Black Resistance" indicates the year 1967 was considered by SNCC as a historic milestone for the liberation of black people in the United States and the year that revolutionaries throughout the world began to understand more fully the impact of the black movement. The publication declared that "liberation will come only when there is final destruction of this mad octopus--the capitalistic system of the United States with all its life- sucking tentacles of exploitation and racism that choke the 12/9/69 SAC LETTER 69-73 | ~ 8 - MW 35069 Doocld: 329599526 Page G21
Pe NW 55069 Docld: 329895205 Page &22 people of Africa, Asia, and Latin America. The realities of black life, together with the recognition instilled in SNCC workers, forced its members to further popularize the legitimacy of self-defense and rebellions when oppression became too great." A second source advised that H, Rap Brown succeeded Carmichael as National Chairman of SNCC in May, 1968, and served in that capacity until June, 1968, at which time SNCC reorganized, creating ten deputy chairmen in an effort to relieve pressure by law enforcement. In April, 1969, SNCC moved its national headquarters from Atlanta, Georgia, to New York City, where it is presently located. . H. Rap Brown announced at a press conference in New York City on July 22, 1969, that he had been elected Chairman of the Student Nonviolent Covurdinating Committee. He announced the organization was dropping the word "Nonviolent" from its title and will be known as the Student National Coordinating Committee, with a Revolutionary Political Council functioning as its governing body. Brown, at that time, stated the use of force is necessary in obtaining revolutionary goals. Sources: DELETED DELETED ° 12/9/69 SAC LETTER 69-73 -9-
NW 35069 Docld: 32939528 Page 823 (F) STUDENTS FOR/A DEMOCRATIC SOCIETY - SUBVERSIVE ORGANIZATION CHARACTERIZATION -- Set forth below is a current characterization of Students for a Democratic Society which should be utilized in the future when it is necessary to characterize this organization in investigative reports and other types of communications. STUDENTS FOR A DEMOCRATIC SOCIETY A source has advised that the Students for a Democratic Society (SDS), as presently regarded, came into being at a founding conventionheld June, 1962, at Port Huron, Michigan. From an initial posture of "participatory democracy" the line of the national leadership has revealed a growing Marxist-Leninist adherence which currently calls for the building of a revolutionary youth movement. Concurrently, the program of SDS has evolved from civil rights struggles to an anti- Vietnam war stance to an advocacy of a militant anti-imperialist position. China, Vietnam and Cuba are regarded as the leaders of worldwide struggles against United States imperialism whereas the Soviet Union is held to be revisionist and also imperialist. At the June, 1969, SDS National Convention, Progressive Labor Party (PLP) forces in the “organization were expelled. Asa ‘result, the National Office (NO) group maintained its National Head- quarters at 1608 West Madison Street, Chicago, and the PLP faction set up headquarters in Cambridge, Massachusetts. This headquarters subsequently moved to Boston. Each group elected its own national officers, which include three national secretaries and a National Interim Committee of eight. Both the NO forces and the PLP forces claim to be the true SDS. Both groups also print their versions of "New Left Notes” which sets forth the line and the program of the particular faction. The NO version of "New Left Notes" was recently printed under the title "The Fire Next Time" to achieve a broader mass appeal. Two major factions have developed internally within the NO group, namely, the Weatherman or Revolutionary Youth Movement (RYM) I faction, and the RYM II faction. Weatherman is action-oriented upholding Castro's position that the duty of revolutionaries is to make revolution. Weatherman is regarded by RYM Il as an adventuristic, 12/9/69 SAC LETTER 69-73 ~ 10 -
elitist faction which denies the historical role of the working class as the base for revolution. RYM II maintains that revolution, although desired, is not possible under present conditions, hence emphasizes organizing and raising the political consciousness of the working class upon whom they feel successful revolution depends. Although disclaiming control and domination by the Communist Party, USA, leaders in these two factions have in the past proclaimed themselves to be communists and - to follow the precepts of a Marxist-Leninist philosophy, along pro- - Chinese communist lines. A second source has advised that the PLP faction which is more commonly known as the Worker Student Alliance is dominated and controlled by members of the PLP, who are required to identify themselves with the pro-Chinese Marxist-Leninist philosophy of the PLP. They advocate that an alliance between workers and students is vital to the bringing about of a revolution in the United States. SDS regions and university and college chapters, although operating under the outlines of the SDS National Constitution, are autonomous in nature and free to carry out independent policy reflective of local conditions. Because of this autonomy internal struggles reflecting the major factional interests of SDS have occurred at the chapter level since the beginning of the 1969-70 school year. A characterization of PLP is attached. Sources: DELETED DELETED Very truly yours, John Edgar Hoover Director \ 12/9/69 SAC LETTER 69-73 - ll- a MW 35069 Doocld: 329599526 Page 24
PERSONAL ATTENTION SAC LETTER 69-76 UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D.C. 20535 In Reply, Please Refer to File No. December 23, A969 (A) TRAINING - FIREARMS AND DEFENSIVE TACTICS - CALENDAR YEAR 1970 -- Attached are copies of the Field Firearms and Defensive Tactics Training Program for the 1970 calendar year. Relative to ammunition orders, you should estimate your am- munition needs as accurately as possible, taking into consideration National Academy associates who attend field firearms training sessions. Ammunition orders for the period of August 1, 1970, to January 31, 1971, should be submitted to reach the Bureau no later than May 1, 1970. Ammunition needed for the period February 1, 1971, to July 31, 1971, must be ordered no later than November 1, 1970. 12/23/69 , . wR SAC LETTER 69-76 oo (B) DISCONTINUANCE OF FREEDOM SHARE NOTES -- The Treasury Department has advised that issuance of Freedom Share Notes is being discontinued and applications for such Notes will no longer be accepted. Freedom Share Notes issued to. employees will continue to earn interest | until maturity at the original 5% rate. It further advises that the interest rate a Series E Bonds , effective June 1, 1969, has been increased from 45 to 5%. —_ In the immediate future you will be furnished a list of all the employees of your office who are now purchasing Freedom Share Notes. These employees should be personally contacted and advised that with the first pay period beginning in January, 1970, no deductions will be made from their salary for Freedom Share Notes after full purchase price for a Note has been completed. Unless the employee cancels the authorization in writing, deductions presently authorized for the combined Freedom Share Note-Series E Bond will be automatically converted to a deduction for a Series E Bond only. A Series E Bond will then be issued in a denomination equal to the combined face value of the Series E Bond and the Freedom Share Note. The amount deducted will be adjusted accordingly. For example, if an employee is having $39 withheld for one $25 Series E Bond and for one $25 Freedom Share Note, the amount of $37.50 will be withheld for ohe $50 Bond. The inscription on the $50 Bond will be identical to that on the previous $25 Bond. % Employees now purchasing Freedom Share Notes who do not desire the automatic conversion to Series E Bonds only should forward a Signed request to cancel their present authorization no later than | MW 35069 January th o5t9 TQ. ce 625
(C) BRIBERY AND CRIMINAL FRAUD INVESTIGATIONS -- This‘is to again bring to your attention the necessity of affording Bribery, Fraud Against the Government, Federal Housing Administration Matters and Veterans Administration Matters continuous, preferred and thorough investigative and supervisory attention. Increased federally financed programs dealing with poverty, housing, employment, training and education have placed added investigative demands on the Bureau in recent months. In addition, there has been a noticeable increase in large procurement type ' frauds requiring substantial investigative activity on the part of Bureau Agents. Fraud and corruption growing out of Government procurements and other federally sponsored programs affect the proper and efficient functioning of the Federal Government, its Departments and Agencies and cast suspicion on the integrity of Government employees. These so-called "white-collar crimes" are most serious and usually generate intense interest by the public, the press and Congress. Other Departments. and Agencies have administrative responsibilities to perform when alleged violations relate to their personnel or the management of their contracts and they frequently withhold administrative action pending receipt of the results of the Bureau's completed investigations. Consequently, itis most essential that there be no delay by the Bureau in fulfilling its “responsibilities in these cases. You are reminded that the field's responsibilities are not ended with the completion of investigations. There must be prompt, full and well-organized presentations to the United States Attorneys. Cases warranting prosecutive consideration must be closely followed with the __ United States Attorneys to insure that there is no delay in prosecuting worthy cases. Unnecessary delays either in the investigative or prosecutive stages can be most embarrassing to the Government and can seriously jeopardize chances for successful prosecution. It is desired that you make an immediate, thorough analysis of the present administrative and investigative handling of these matters to insure that there is no delay in the initiation and completion of our investigations of Bribery ‘and Criminal Fraud allegations. Supervisory and investigative personnel should be made aware of the Bureau's concern in this regard. The handling of these important matters will continue to be closely scrutinized at the Seat of Government to insure these in- structions are.fully complied with. 12/23/69 SAC LETTER 69-76 -9- MW 35069 Doocld:32959526 Page §26
MW 35069 Doocld:329599526 Page §27 (D) BUREAU APPLICANTS - CLERICAL RECRUITMENT PROGRAM - SEAT OF GOVERNMENT -- Declinations of Appointments by Clerical Applicants - A survey has been completed on clerical appointments _ declined for the period 1-1-69 through 11-30-69. During this period a total of 4,213 appointments were offered, 3,106 clerks entered on duty and 1,107 appointments were declined. The percentage of declination was 26.3%. Reasons given are set forth below. REASONS PERCENTAGE REASONS PERCENTAGE To accept other employment 28.3% Family problems 6.6% To continue education 17.4% Marriage . 6.0% Parents refused to allow 8.6% Military 0.6% appointee to come to Washington, D. C. No longer interested 6.0% Appointee declined to EOD, 10,5% Miscellaneous (health, Washington, D. C. higher salary, trans- portation, personal Financial reasons 6.0% reasons or would give no reason) 10.0% 100.0% This survey disclosed no significant changes in the reasons for declinations as compared to similar surveys conducted in the past. It . demonstrates the absolute necessity of insuring that before an applicant is placed under investigation, you must be assured that he is sincerely interested in employment by the Bureau at Washington, D.C. In view of the great demands already placed on our investigative personnel, it is essential that appointments are kept at the hichest level of acceptance. Through »enetrative interviews people who have no interest in Bureau em) loyment or who have not given sufficient thought to all the ramilications involved in seeking employment away from home will be weeded out. As you have Leen previously advised, contacting the parenis of young applicants tu insure that they will allow the applicant to come to Washington results in a saving of investigative time and cuts down con- siderably on the number oj declinations. You should use this technique in any instance where it appears that parental approval has not been given to the applicant. \e ~ 12/23/69 | | [ SAC LETTER 69-76 -3- . -
Recruitment of 1970 Graduates - You are reminded that appointments are offered as. much as six months in advance of the applicant's availability date; therefore, you should as soon as possible begin the recruitment and investigation of those applicants who will be available following May and June graduation. In order to insure expedite processing of the 1970 graduates, the exact graduation date of the applicant as well as his availability date should be set forth on the Interview Report Form (FD-190). If exact date is not known to applicant, determine how many days he will need following graduation prior to reporting for employment at Seat of Government. During course of investigation in those instances where graduation date in unknown, determine same from appropriate school officials and report it in your airtel summary. 12/23/69 ; i SAC.LETTER 69-76 ‘ . (E) &BI DISASTER SQUAD ACTIVITIES!-- The FBI Disaster Squad has rendered identification assistance in numerous disasters and, because oi the large repository of fingerprints in the Identification Division, has been successful in identifying many victims through fingerprints. The number of fingerprint identifications made is governed by the availability of known fingerprints for the victims coupled with the condition of the remains. ° Eighty per cent of the disasters in which the Disaster Squad has par- ticipated involved aircraft accidents. With the advent of jet aircraft, the percentage of fingerprint identifications has declined because of severe incineration and mutilation of the remains. In some aircraft disasters, Special Agent personnel have interviewed friends and/or relatives for detailed background information, obtained dental charts and medical records, and forwarded same to thé disaster scene for the use of dentists and pathologists in identifying those victims not identifiable by fingerprints. This procedure requires a substantial amount of Agent time and if followed in the future could place an un- usually heavy burden on the Bureau with the introduction in early 1970 of aircraft carrying 300 to 400 passengers. Consequently, participation by the FBI in future disasters will be limited to identifying as many of the victims by fingerprints as possible and Agent personnel will not be used in obtaining complete background information concerning each victim unless such information is needed in a case where the Bureau has investigative jurisdiction. This limitation should be clearly explained to representatives of the-carrier, local police or other requesting agency at the time request for Disaster Squad assistance 12/23/69 SAC LETTER 69-76 ~4- MW 35069 Doocld:32959526 Page §26
is received in order that the requester will be on early notice of the extent of FBI services that can be expected. Since requests for this service usually originate in the field, inform all investi- gative personnel of the foregoing modification. (Security Letters on attached pages) 12/23/69 SAC LETTER 69~76 -5- | Nw 35069 Docld: 32989528 Page &29 =
(FY) WIRETAPPING AND EAVESDROPPING -- Five copies of a monograph entitled "Wiretapping and Eavesdropping" are being sent to each office under separate cover. This material is to be used for instruction purposes. Additional copies may be obtained from the Training Division, in small ‘ quantities, if needed. "12/23/69 SAC LETTER 69-76 5 i i (G) EMERGENCY DETENTION PROGGAM -- The Department has ap- proved a suggestion that Security Index (SI) subjects currently designated as Priority III be maintained separately. For administrative purposes Priority III subjects will continue to be maintained as a portion of the SI but all decisions relating to such individuals will be made strictly within the Bureau. Priority Iand Priority II subjects will continue to be re- viewed and approved by the Department. This decision was based on the Department's intention to consider only those individuals in Priority I and Priority [1 for apprehension in the event the Emergency Detention Program is placed in effect. All SI cards pertaining to Priority I subjects should be immediately separated from those cards pertaining to Priority I and Priority II subjects and maintained in a separate section of the SI. These subjects will continue to be designated as Priority Iff and the criteria for including subjects in this category will remain the same. The Départ- ment will be completely divorced from any action pertaining to Priority TI subjects. This administrative handling of Priority II subjects should not generate any reevaluation of your SI subjects since any redesignations of Priorities at this time will be carefully scrutinized at the Bureau. Residence and employment of Priority III subjects should be verified on an annual basis as is the current practice. In connection with this verification, the case file should be thoroughly reviewed for any necessary action to be taken including a reevaluation of the subject's status. This includes removal from Priority III or possible redesignation as a Priority I or Priority II SI subject. 12/23/69 SAC LETTER 69-76 -6- NW 35069 Doocld: 325989526 Page #30 ee PRU ek can AEA AE ee BLT AE, “4 eat - / . we
mi As investigations are completed regarding additional security subjects, the investigative results should be submitted to the Bureau by summary-type report along with your recommendations regarding in- clusion on Priorities I, I] or MW. Once an individual is approved for inclusion in Priority II any pertinent subsequent information may be furnished by letterhead memorandum. No investigative reports will be required in Priority III cases subsequent to the initial summary-type réport.. Reports will continue to be required in Priority I and. Priority II SI,cases in accordance with Section 87D of the Manual of Instructions, | With the establishment of this procedure, the maintenance of the Reserve Index A (RI-A) will be discontinued at the Bureau. The RI-A will be maintained solely by each field division in the same manner as Reserve Index B is curréntly handled. ‘ Fd Manual changes will be forthcoming. All surveys and programs in;connection with Emergency Detention Program should be adjusted accordingly. Revision of necessary forms will be forthcoming. Very truly yours, John Edgar Hoover Director | [ Enclosures for (A) | i | 12/23/69 SAC LETTER 69-176 -7- rw 55069 Bis FRESE ERPS Tei on .
PERSONAL ATTENTION _ SAC LETTER 63-4 UNITED STATES DEPARTMENT OF JUSTICE - FEDER RAR BUREAU OF INVESTIGATION e Hedrike ot i ara : i _— > - 2 i In Reply, Please Refer to WASHINGTON, D.C. 20535 File No. ° we. . January 9, 1968 . (A) LINEUPS -- SAC Letters 67-39 and 67-61 contained instructions for compliance with the June 12, 1967, Supreme Court decisions in U.S. v. Wade, 388 U.S. 218, Gilbert v. California, 388 U.S. 263 and Stovallv. Henno, 388 U.S. 293. i i/ se Nini, , a The Department of Justice has furnished additional instructions in thjis regard and these are summarized here for your guidance. xn The Department takes the position that "If an agent is present and is able to testify for the government as to the circumstances of the line-up, it is not necessary to have an assistant United States Attorney present at every line-up." Recently a lineup was held in a Bureau case and no representative of the United States Attorney’s office was present. Activities of defense counsel seriously interfered with the conduct of the lineup. Since the lineup proceeding is now a "critical stage" of the criminal process, it is most desirable to have a representative of the United States Attorney‘s office present to deal with questions and objections raised by defense counsel.. You are instructed to continue to immediately notify the United States Attorney of the time and place as soon as a lineup has been scheduled and to request attendance at the lineup by a representative of ' his office. Advise the Bureau of any difficulties in this regard so that they may be brought to the attention of the Department. The Department advised that the defense counsel cannot require a lineup for the accused. Any request for a lineup by defense counsel should be referred to the United States Attorney. & Doold: 32989528 Page 6833
The Department states, "With respect to establishing probable cause to arrest a person at liberty, who would not be available for a line-up, a viewing without a line-up may be necessary. In that situation, it would be desirable, if at all possible, that the viewing be under circumstances where the witness will not have the person specifically pointed out to him. It is impossible to cover all factual variations. The aim should be to have the show-up as fair and as free from suggestion to the witness as possible." Good judgment must be exercised to insure that any viewing of a suspect by a witness be as free from suggestive influence as possible, as the witness may later be called to make an in-court identification. The Department has suggested the following wording be used to secure an effective waiver of right to counsel at a lineup: YOUR RIGHTS (Lineup) Place Date Time ‘you have been asked to participate in a line-up. At the line-up, you will be obliged to stand in a line with other persons, to speak, to move in a certain manner, and/ or to put on or remove certain clothing for the purpose of enabling witnesses to make an identification. You are required to participate in the line-up, but you are entitled to have an attorney of your own choosing present. If you cannot afford an attorney but wish to have one present at the line-up, the line-up will be delayed until an attorney has been appointed by a court to represent you. Having an attorney present will help you in the preparation of your defenses to any identification which may be made at the line-up. “However, you may waive your right to have an attorney present at the line~up and consent to participate in the line-up in the absence of an attorney. . 1/9/68 SAC LETTER 68-4 ~2- _ NW 55069 Docld: 32989520 Page #34 a -
7 Waiver and Consent ED "Y have read this statement of my rights and I under- stand what my rights are. I am willing to participate ina line-up in the absence of an attorney. I understand and know what Iam doing. No promises or threats have been made to me and no pressure or coercion of any kind has been used against me." Signed Witness: Witness: Time: | Effective immediately utilize the above wording in securing waiver of right to have counsel present ata lineup. As you were advised in SAC Letter 67-61, the lineup is a nontestimonial identification process -not covered by the Fifth Amendment privilege against self-incrimination and no warning of any rights under the Fifth Amendment is required. Before -° any lineup is held in the absence of counsel for the accused a waiver must be obtained. The Department stated a waiver of rights to have counsel present at the lineup should also be obtained prior to the lineup from a‘suspect, not under arrest, who consents to appear ina lineup. You may adapt the wording of the above warning and waiver to this situation by changing the third sentence of the warning to read, ‘You are not required to participate. . ." Forms utilizing the warning and waiver wording may be prepared in the field. 1/9/68 SAC LETTER 68-4 -3- , NW S5069 Doold: 325895268 Page 635 ;
(B) FIREARMS - CONFISCATION, DONATION, RETURN TO OWNER -- The following notice appeared in the United States Attorneys Bulletin for December 22, 1967: ; | “Title 18 U.S.C. 3611 provides in substance that | a judgment of conviction may include an order by the court | confiscating any firearms or ammunition found at the time of | arrest in the possession or under the immediate control of a defendant subsequently found guilty of one of the offenses enumerated in the statute. Crimes which come within the scope of the statute include murder, manslaughter, rape, robbery, killing or assaulting a Federal officer, bank robbery and kidnapping. "Frequently revolvers, rifles and other weapons taken from criminals are not subject to forfeiture under other Federal laws, and it is obviously undesirable to have the weapons returned to individuals who may use them in committing crimes of violence. Accordingly, it is strongly recommended that 18 U.S.C. 3611 be brought to the court's attention in proper cases at the time of sentence for the purpose of preventing the return of the weapons to convicted felons." The referenced statute covers the offense of transporting a stolen motor vehicle in interstate or foreign commerce, or committing or attempting to commit a felony in violation of any law of the United States which felony involves '. . . the use of threats, force, or violence" or is". . . perpetrated in whole or in part by the use of firearms."' The .t statute also states that 'The court may direct the delivery of such firearms or ammunition to the law-enforcement agency which apprehended such person, for its use or for any other disposition in its discretion." The Bureau has no objection to a court order directing disposal by the FBI Laboratory. i Other Federal statutes, indexed under ''Firearms'"' in the United States Code Annotated, occasionally may be useful in obtaining the court order. There is a variety of them, such as those providing for forfeiture of firearms used in violation of liquor laws, forfeiture of firearms } f ? 1/9/68 . Se SAC LETTER 68-4 ~4- , SW 55069 Docld: 32985528 Page 836
used to kill or capture birds or animals unlawfully in named national parks, and declaring contraband any firearm with respect to which there has been committed any violation of any provision of the National Firearms Act or any regulation issued pursuant thereto. The responsibility for selecting the applicable statute, if any, is that of the United States Attorney. If the case does not fit within Title 18 U.S.C. 3611 or any other statute allowing confiscation or forfeiture on court order, there are other disposal possibilities, as follows: (1) If the subject owns the gun, obtain from him a signed waiver of ownership rights and send the gun to the FBI Laboratory. (2) If the subject owns the gun, is convicted and will not waive ownership rights, deliver the gun to the U.S. Marshal as part of the prisoner's property. See U.S. Marshals Manual, Section 709.01. Or, deliver tothe subject's attorney or other designated representative. In either case obtain and file a receipt. (3) If the subject owns the gun, is acquitted, and will not waive ownership rights, deliver the gun to him or to his designated representative. Obtain and file a + receipt. (4) If the gun was stolen from a known and legitimate owner,’ return the gunto him. If the gun is the property of the United States, return it to the nearest office of the service concerned. Obtain and file a receipt. (5) If the gun was stolen and the legitimate owner is unknown, deliver the gun to the United States Marshal as abandoned or unclaimed property. See U.S. Marshals Manual, Section 322.01. Obtain and file a receipt. (6) Whatever the ownership status of the gun, if this Bureau only borrowed it as evidence from another law enforcement agency which obtained the gun upon arrest of the subject, return it to that agency. Obtain and file a receipt. 1/9/68 SAC LETTER 68-4 -5- | BW 35069 Doocld:32989528 Page 837
(7) If the prisoner is not prosecuted federally and is delivered to some other agency, as in the case of a deserter or a person arrested for Unlawful Flight to Avoid Prosecution, deliver the gun to that agency along with the prisoner, Obtain and file a receipt. (8) In any case of legitimate doubt on whether the gun should be held for evidence, or returned to the subject at this time, or at any time, or be delivered to some other claimant, hold the gun and force the claiming party to take his civil remedy at law for its return. The United States Attorney must approve this action in advance; he may be required to defend it. Under no circumstances are you to send a weapon to the FBI Laboratory for disposition 'ton the authority of the United States Attorney.'' This latter official has no power by statute or otherwise to make such a disposition. Occasionally, a citizen may offer a firearm as a gift to the FBI for inclusion in the Reference Firearms Collection. If the firearm is accepted it must be accompanied by a release from the owner which shows that the weapon is being given to the FBI unconditionally with the understanding that if the FBI Laboratory has a similar weapon or for any other reason does’ ~ not desire to retain this one, the weapon hereby given to the FBI may be destroyed. Advise all investigative personnel. At this time of special concern over the use of firearms to commit crimes, you should neglect no opportunity to obtain confiscation, forfeiture or surrender of ownership in any appropriate case. 1/9/68 SAC LETTER 68-4 ~6- _ HW 550659 Doold: 32989528 Page §36
MW 55069 Doold: 32969526 f : (C) FBI NATIONAL ACADEMY ASSOCIATES RETRAINING SESSIONS FOR 1968 -- Advise the Bureau, Attention: Training Division, by June 1, 1968, the dates and places of your 1968 retraining sessions for graduates of the FBI National Academy. If your retraining session will be held in advance of that date, Bureau should be given at least 30 days' notice. The Bureau should be furnished with the detailed program to be followed, and your personal attention should be given to the planning of these sessions to make certain that the emphasis is on subject matter of value and interest to the graduates who will attend. All correspondence should be directed to the Bureau, Attention: Training Division, and should be submitted on an unless-advised-to-the- contrary-by-Bureau (UACB) basis. You are reminded that in July, 1968, there will be a Sectional Retraining Session in Section II (Central States) from July 14-17 at the Fontainebleau Motor Hotel in New Orleans, Louisiana. No regularly scheduled chapter retraining sessions should be held in Section II during 1968. Graduates from the Central States as well as from the rest of the chapters should be invited to participate, as always, in your field fire- arms training programs, police schools, and other Bureau functions. To assist the host chapter in New Orleans, each Special Agent - in Charge of field offices located in states making up Section II should make certain that all eligible graduates in their territories are aware of the retraining session in New Orleans and have notified the secretary of their own chapter whether they expect to attend. All SACs should be aware that any graduate in good standing is welcome to attend Sectional Retraining Sessions in any section. Any graduate expecting to attend the retraining session in New Orleans should be advised to make proper reservations through the host chapter without delay. The personal attention of each SAC is imperative to stimulate interest in not only the Sectional Retraining Session in New Orleans but also each of the other chapter retraining sessions. 1/9/68 SAC LETTER 68-4 -7- Page 839
wes f ¥ (D) TRAINING - POLICE - HANDCUFFING - VISUAL AID -- You are being sent under separate cover a cutaway drawing of a handcuff lock, showing its various parts and their relationship to each other, suitable for use as 4 visual aid at police training schools where principles of prisoner restraintare being taught. This teaching aid should be con- sidered a supplement to Training Document #72, '"Handcuffing, "' published in May, 1267; it should be maintained with other training aids, and its availability should be called to the attention of all police instructors. 1/9/68 SAC LETTER 68-4 ; (E) BUREAU COVERAGE IN TURKEY AND LEBANON -- Effective immediately, the road trip previously made by Legat, Rome, to Turkey and Lebanon is being discontinued. Future leads in those areas should be sent to the Bureau for handling by the Department of State. Manual changes are being prepared. Very truly yours, John Edgar Hoover ; Director 1/9/68 SAC LETTER 68-4 -8- HW 55069 Doold:32989528 Page 840 i  eeeeeerrrtst—SC<*<SCS
PERSONAL ATTENTION ‘ SAC LETTER 68-5 UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION In Reply, Please Refer to WASHINGTON, D.C. 20535 File No. . January 16, 1968 (A) PUBLIC LAW 90-206 - POSTAL REVENUE AND FEDERAL SALARY ACT OF 1967 - EMPLOYMENT OF RELATIVES - RESTRICTIONS - PERSONNEL MATTER -- One section of captioned Law specifies restrictions with respect to employment of relatives by employees defined as "public official. '' Under the Law a public official is an | employee in whom is vested or to whom is delegated the authority to | appoint, employ, promote, or advance individuals, or to recommend | individuals for appointment, employment, promotion, or advancement. "Relative’’ means an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. 4 oe Toba aX UeCAW ABA aoe CPA SEI pemermnemcan | ( . * < 7 The restrictions are as follows: (1) A public official shall not advocate one of his relatives for appointment, employment, promotion, or advancement to a position in his agency (entire Department of Justice in our case) or in an agency over which he exercises jurisdiction or control. (2) A public official shall not appoint, employ, promote, or advance to a position in his agency or in an agency over which he exercises jurisdiction or control: (a) one of his relatives; or (b) the relative of a public official of his agency or of a public official who exercises jurisdiction or control over his agency, if the public official has advocated the appointment, employment, promotion, or advancement of his relative. Further, a public official who recommends a relative, or refers a relative for consideration by a public official standing lower in his "chain of command" (the line of supervisory personnel that runs from a public official to the head of his agency), for appointment, employment, promotion, or advancement is deemed to have advocated such action concerning the relative. It is particularly important that the Law be carefully adhered to because it specifies that an individual appointed, employed, promoted, or advanced in violation of the Law is not entitled to pay. sy MW 55069 Doold: 32969526 Page G41
The spirit of the Law is essentially that practiced by the Bureau anyway. It is observed that the fact authority to recommend for promotion or advancement is rather broad in the Bureau increases considerably the number of potential public officials we have as defined by the Law. Whereas the Law does not prohibit relatives of public officials from being appointed, employed, promoted, or advanced in- — the same agency as the public official, the record concerning any such personnel action will have to show that the public official did not advocate or effect the action involved concerning his relative. Insure the Law is adhered to in your office. If any questions arise they should be referred to the Bureau. The Law applies to the Executive, Legislative, and Judicial Branches of Government. The Law does not provide criminal provisions, the Bureau does not have investigative jurisdiction, and any complaint received of violation by someone outside the Bureau should be referred to the appropriate Government entity involved. A manual revision is being prepared. 1-16-68 SAC LETTER 68-5 E A WES? (B) SECURITY OF FM RADIO TRANSMISSIONS -- You have been reminded repeatedly of the possibility that FBI radio transmissions may be heard by unauthorized individuals and that FM radio transmissions must be discreet at all times. In a previous SAC letter, you were advised: of the monitoring of FBI radio transmissions by the subject of a sensitive surveillance and the introduction in court of notes made by the subject . © while monitoring. Many criminals have been apprehended with radio receivers in their possession which were or could-be tuned to the Bureau's frequencies. More and more relatively low-priced receivers, many selling for under $25, which are capable of monitoring FBI transmissions, are being offered for sale by radio dealers. This, of course, greatly increases the possibility of the Bureau's radio transmissions being over- heard by unauthorized persons. It is desired that this be brought to the attention of all personnel. In addition, you should personally examine the manner in which your FM radio facilities are being utilized to insure that the operation of such facilities is in strict accordance with existing Bureau instructions as set out in Paragraph 9, Chapter 4, Part IJ, FBI Handbook. 1-16-68 SAC LETTER 68-5 ~2- | NW 55069 Docld:32989528 Page 842
(C) ANTI-RACKETEERING - HOBBS ACT - INTERSTATE TRANS- PORTATION OF STOLEN PROPERTY - CONSPIRACY -- Prosecution recently resulted in convictions of a member of La Cosa Nostra and j four of his associates for violating the robbery-conspiracy provisions of } the Hobbs Act (18 USC 1951) and Conspiracy (18 USC 371) to violate the as Interstate Transportation of Stolen Property (ITSP) statute (18 USC 2314). This case involved an alleged scheme concocted in Buffalo, New York, during February, 1965, to commit two robberies in Los Angeles, California, and to transport the proceeds of these robberies from Los Angeles to Buffalo. Some interstate travel reportedly was performed in connection with this conspiracy, but neither of the me be robberies took place. ; | | The Department has now advised it intends to consider asserting Federal jurisdiction under the robbery-conspiracy provisions of the Hobbs Act (which prohibits interference or conspiracy to interfere with interstate commerce by robbery or extortion by means of actual or threatened force, violence, or fear) when the persons involved are known organized crime subjects suspected of engaging in such activities. Accordingly, the Department desires to be furnished information received concerning the involvement of known organized crime subjects, suspected subjects, or known or suspected associates of organized crime subjects, with any robbery, robbery attempt, or robbery conspiracy which may in any way affect interstate commerce. In this regard it is not desired that every robbery be fully investigated for the purpose of ascertaining definite organized crime involvement; only information received in the normal course of FBI operation and gathering of intelligence data which meets the above criteria should be furnished. Information in this regard should be forwarded to the Bureau in letterhead memorandum (LHM) form suitable for dissemination to the Department by cover airtel. In addition to the information concerning such a matter, LHM should contain detailed documentation regarding the organized crime affiliations of persons involved in such matters. LHM should conclude with a statement that the Criminal Division of the Department is requested to advise the Bureau whether further investigation by the FBI under the Hobbs Act is warranted or whether the information 1-16-68 SAC LETTER 68-5 -~3- \ WW 55069 DooId: 32989528 Page §43
concerning the matter should be referred to local authorities. You will be informed of the determination made by the Department. As regards ITSP, the Department has advised that conspiracies to violate this statute are violative of the Federal law, even where the theft of property has not actually occurred, and Federal investigation and prosecution may be appropriate in certain instances. Accordingly, when information is received indicating a conspiracy to commit a theft or robbery of $5, 000 or more and transport the proceeds in interstate commerce, the Department requests that such information be furnished to the appropriate U. S. .Attorney for determination as to whether full-scale investigation should be conducted or whether the matter should be referred to local authorities. It is to be noted that this procedure applies to all ITSP conspiracies; it is not limited to those involving persons with organized crime affiliations. Therefore, in each instance where information comes to your attention indicating such a conspiracy, even though a theft has not occurred, the facts are to be discussed immediately with the U. S. Attorney and appropriate action should be taken in accordance with his decision and existing procedures. In each such case following discussion with the U. S. Attorney advise the Bureau of the full facts. This is to be brought to the attention of all Special Agents and borne in mind as a possible _ means of prosecution of active burglars, hold-up men and fences. Appropriate manual changes will be forwarded. (Security Letter on attached pages) 1-16-68 SAC LETTER 68-5 -4- NYE 55069 Docld: 3259089526 Page #44
(D) RABBLE ROUSER INDEX -- By SAC Letter 67-70 dated November 28, 1967, you were advised that the Rabble Rouser Index is being expanded to include agitators who have attracted local attention as well as those who have attracted national attention. In view of the expansion of this Index, it is being programmed into the Bureau's automatic data processing equipment. To facilitate the submission of the necessary background information, organizational affiliations, and other data on the individuals recommended for inclusion in the Index, Form FD-397 has been devised. A supply of these forms will be forwarded to you in the near future. rman anaracoensun wsscren ene S An original and one copy of Form FD-397 shall be completed and forwarded to the Bureau by the office of origin on each individual it recommends. A succinct resume of the subject's activities on which the recommendation is based shall be attached. Current instructions require submission of an up-to-date investigative report with recommendations for inclusion. In view of the urgency of the over-all racial situation which dictates cataloging of all potential racial agitators as soon as possible, you should submit Form FD-397 as soon as sufficient background for that purpose has been developed through investigation. In such instances, an investigative report should be submitted as soon as possible thereafter. Upon receipt of Form FD-397 at the Bureau, the case of the subject will be reviewed and if the recommendation is concurred in, Rabble Rouser Index cards will be prepared. The duplicate copy of the form will be returned to the office of origin stamped ‘Rabble Rouser Index card approved and prepared, copy attached. "' The returned copy of Form FD-397 shall be placed in the subject's main investigative case file in your office and the Index card filed alphabetically in a card index file designated ‘Rabble Rouser Index. " With regard to the individuals presently on the Rabble Rouser Index, you should resubmit the background and other required information on a Form FD-397 clearly indicating that itis a resubmission. Upon receipt of Form FD-397, a Rabble Rouser Index card will be prepared on each of these individuals at the Bureau. The duplicate copy of the form will-be returned to the office of origin with a copy of the 1-16-68 SAC LETTER 68-5 ~5-: NW 35069 Doold: 32989526 Page #45 _ _ = a t~
Index card attached for appropriate filing by the office of origin as outlined above. Since the Index cards will be maintained by you ina card index file, it will no longer be necessary for you to maintain the Index in the loose-leaf binder as you are presently doing. Form FD-397 should also be used for the submission of any amendments and/or necessary updating, as well as to recommend the deletion of an individual from the Rabble Rouser Index. When recommending the addition of a new subject to the Index or the deletion of a subject from the Index, Form FD-397 should be accompanied by an abstract. No abstract is necessary when submitting amendments or changes only. Set forth below is an explanation of the code letters pertaining to organizational affiliations which will appear on Form FD-397. ANP American Nazi Party “AVN Anti- Vietnam BNAT Black Nationalist BPP Black Panther Party COM Communist CORE Congress of Racial Equality KLAN Any Ku Klux Klan group LA Latin American MIN: Minutemen NOI Nation of Islam NSRP National States Rights Party PLP Progressive Labor Party PRN Nationalist groups advocating Independence for Puerto Rico RAM Revolutionary Action Movement SCLC Southern Christian Leadership Conference SDS Students for a Democratic Society -SNCC Student Nonviolent Coordinating Committee SWP Socialist Workers Party WWP Workers World Party MISC Miscellaneous Appropriate Manual changes are being prepared. Very truly yours, 1-16-68 John Edgar Hoover SAC LETTER 68-5 -6- Director HW 35069 Doold: 32989528 Page 846
PERSONAL ATTENTION SAC LETTER 68-9 UNEPPED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION "+ Ja Reply, Please Refer to WASHINGTON, D.C, 20535 File Nu. . . -, January 31, 1968 (A) RACIAL INFORMANTS - RACIAL MATTERS -- You have been previously advised that priority attention must be given to the develop- ment of penetrative coverage of militant black nationalist groups and ghetto areas. Token coverage of these groups and areas is not acceptable. Emphasis has been and will continue to be placed on the racial informant program until each field division is operating a diversified active cadre of individuals which includes members of black nationalist organizations and militant youth groups, close associates of militant racists, ghetio- types, and individuals from other walks of life depending upon the situation ina particular area. Imagination, ingenuity, and aggressiveness are necessary in order to successfully combat violence-prone persons and groups and to fulfill our internal security responsibilities. If such has not been previously handled, each field division is to immediately contact local military authorities for the purpose of securing the identities (names, addresses, and other available background data) of recently released servicemen and arrange to obtain similar information on a regular basis in the future. These individuals represent a reservoir of potential racial informants and sources who should on a selective basis be considered for development under captioned program. As pointed out in the monograph entitled "Development of Racial Informants, " copies of which are available in each field division, the young men recently discharged from military service have been trained to respond to orders and direction and are usually interested in making extra money. Many of these discharged servicemen undoubtedly reside or work in ghetto areas and, if experienced in demolition or riot control matters, could be of definite interest to and targets for recruitment by militant black nationalists. The above-mentioned monograph contains valuable data relating to this program and it is expected that Special Agent personnel working in the racial field are familiar with its contents. You. are again reminded that employees in your divisions may have friends, relatives, or acquaintances who could be of assistance to the Bureau in our racial intelligence gathering endeavors. Explore this possibility with your employees bearing in mind that many of them may
recall persons in their home town areas who would be cooperative and who may have access to or may be able to obtain valuable information. In order to secure necessary coverage in the racial field, some offices have initiated logical programs which it is felt should be given appropriate consideration by all divisions. These programs include interviews with individuals arrested by local authorities during prior periods of racial disturbances, employees and owners of various business establishments in ghetto areas such as taverns, liquor stores, drugstores, pawnshops, gun shops, and barbershops, and with janitors of apartment buildings. Successful contacts have also been made with those individuals who frequent ghetto areas on a regular basis, such as taxicab drivers, salesmen, and distributors of newspapers, food, and beverages. This is not intended to be an all-inclusive list of potential areas of concentration as there are obviously others deserving of your immediate attention. You were informed by SAC Letter 67-62 dated October 17, 1967, that priority attention to racial informant matters was a necessity during the next six months. You no longer have six months to accomplish that which must be done. Continuing emphasis must be given to this matter in order for the Bureau to fulfill its vast obligations in thé racial field. Your efforts and results will continue to be followed closely at the Bureau and during field Inspections. Very truly yours, John Edgar Hoover Director 1/31/68 SAC LETTER 68-9 -2- ~ Nw 55069 Doold: 32989528 Page 846
In Reply, Please Refer to File No. ‘ - PERSONAL ATTENTION SAC LETTER 68-14 UNITED STATES DEPARTME NT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D.C. 20535 February 20, 1968 (A) SECURITY OF FIELD OFFICES -- I have become increasingly concerned with the security of field offices during the nighttime hours, especially those offices which are manned by Security Patrol Clerks. A recent nationwide telecast indicated that a particular field office was staffed at night by a lone clerk. It is conceivable that criminals, members of racist extremist groups, revolutionaries in exile, or psychotic individuals might attempt to enter a field office at night if they should become aware that only one or two clerks are on duty in the office. You should impress upon employees assigned to nighttime duty the necessity for maintaining maximum security in your office. You should particularly caution Security Patrol Clerks to be most circumspect in their telephone conversations with outsiders and to never acknowledge they are alone in the office and that no Agent is present. I expect you to check at irregular intervals on security safeguards in your office to insure that our space remains inviolate. 2/20/68 SAC LETTER 68-14 | (B)” HOUSEHOLD GOODS - COMMUTATION OF EXPENSES FOR TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS -- The General Services Administration has prescribed changes in the commuted rates for transportation and storage of household goods and personal effects and a copy of the changes is enclosed. The new rates are effective for transportation begun on and after February 9, 1968. All-employees of your office who have occasion to submit vouchers for the transportation and storage of household goods and personal effects should review the new rates to insure that vouchers are submitted correctly. re NW 55069 Docld: 32989526 Page #49 4 aed ant rm Beans reat . “ coe 5 — nie dekh om de eeaistilten el Nie wee r eet ern y ar ar ire ee 74 ~ eae orate ene Bet oo mRNA RUN RPTLA Rernr r »
(Cc) TEN MOST WANTED FUGITIVES PROGRAM -- During the month of January, 1968, six Ten Most Wanted Fugitives were located which represents a record number during any given month in connection with this program. Review of the investigations which led to the six locations again points up the results which can be achieved when there is aggres- sive participation on the part of auxiliary offices. Present requirements: © (FBI Handbook, Part I, page 25) provide that all continental offices must keep these cases pending and fully exploit investigative techniques which are readily available, including various record checks. In one instance wherein two dangerous Top Ten Fugitives - were ultimately located together through vigorous investigative effort, the initial break which prompted the successful investigation stemmed from persistent efforts to locate registration of a motor vehicle reported to have been at one time in the possession of one of the fugitives. In another Ten Most Wanted Fugitive case an office, without any specific leads, effectively utilized the background data developed through investigation by another field division which pinpointed the cur- rent employment of the fugitive. The office involved in this investigation conducted numerous agency checks on the basis of the aliases employed by the subject, including that of a relative with an entirely different name, whose identity he had assumed. Identification of another fugitive as having been deceased ’ was triggered by information from a citizen who had observed the sub- ject's photograph on a display in a Resident Agency of an auxiliary office, . while another Top Ten Fugitive was located in January, 1968, after his photograph was recognized in a magazine. In addition, one of the six fugitives was identified because of a previous alert placed with foreign police authorities along the Canadian border. In appropriate cases, border offices should be aware of the necessity for close liaison with established police sources near the border. Each office must fully share responsibility for the con- tinued success of the Ten Most Wanted Fugitives Program. As indicated, this requires that aggressive, independent, self-initiated investigation be undertaken in headquarters cities and Resident Agencies on the basis of current developments. All offices must also be alert to recommend the best possible candidates suitable for inclusion in this program. 2/20/68 SAC LETTER 68-14 -2- NW 55069 Docld: 329895265 Page #50
Keep in mind also that the Ten Most Wanted Fugitives Program serves the purpose of not only locating badly wanted individuals, but at the same time alerting the public to our jurisdiction and to the benefits to be derived from cooperation with law enforcement. 2/20/68 ; § SAC. LETTER 68-14 ; (D) CRIMINAL INFORMANT PROGRAM -- In order to establish uniformity throughout the field in the handling of criminal, security and racial informant files, you should be certain that all pending and closed symbol number informant files are maintained under lock and key under e personal supervision of the SAC, ASAC, Field Supervisor or responsible employee designated by the SAC. fratencannernannrtaatd * Section 108 Hic, Manual of Instructions, requires the submission of all statistical accomplishments which can be credited to criminal informants or potential criminal informants be reported on the first monthly progress letter submitted after the accomplishment took place. Recently it has been noted that a large number of statistical accomplishments that should be credited to criminal in- formants have not been reported on the monthly progress letter as required. You must follow this matter closely and be certain that all accomplishments are being credited to informants and properly and promptly reported each month on the monthly progress letter. You are again being reminded that any outstanding ac- complishments that can be credited to your informants during the preceding month should be set forth in a succinct resume on a separate sheet of paper attached to the back of your monthly progress letter. Many offices are failing to comply with this regulation. Also, for the sake of uniformity Bureau regulations require that symbol number informants added or deleted after the twenty-fifth of the month be recorded on the following monthly progress letter. ‘Your specific attention regarding these two requirements is directed to Section 108 H, Manual of Instructions. (Security Letters on attached pages) 2/20/68 - SAC LETTER 68-14 -3- . WW 55069 Docld: 32989525 Page G51
(E) SECURITY INFORMANTS - CONTROL -- The Department has recently submitted to the Bureau a number of requests concerning the availability of certain security informants for interview by Depart- mental Attorneys and possible testimony in prosecutions under the amended Internal Security Act of 1950. It has come to my attention that in many cases security informants have shown considerable reluctance to be interviewed or to testify, except in the event ofa national emergency, for fear of physical harm, social and business reprisals, and other personal reasons. Inasmuch as the interviews with Departmental Attorneys will be conducted with full precautions to protect the security of the informants, I fully expect that all informants will be available for interviews. I wish to reiterate existing instructions that it is the responsibility of the Special Agents handling security informants to condition them to the fact that someday the knowledge they possess may be needed as evidence in court or at another hearing to assist our Government in combating the evils of subversion. The Bureau has always stressed the necessity for all Special Agents handling security informants to psychologically prepare the informants for the fact they may, at some future date, be called upon to render a most important contribution to their Government by testifying to the information they have furnished. The proper indoctrination of informants in this regard is absolutely essential, since it is incumbent upon the Bureau to make informants available for interview whenever the Department initiates prosecution in security cases. If following an interview of an informant the Department feels that the testimony of the informant is absolutely essential to a successful prosecution, it will be permissible for you to make appropriate recommendations regarding the effect which the release of the particular informant involved would have on the security coverage in your territory. However, it must be borne in mind that the ultimate decision as to the release of an informant will be made by the Attorney General in the best interest of the national security. As a general rule, all of our security informants are considered avail- able for interview by Departmental Attorneys and for testimony if needed. Only a very few are furnishing information of such a highly sensitive and important nature as to preclude their use. 2/20/68 SAC LETTER 68-14 -4- en ¢ - — WW B5069 Doeld: 32989526 Page G52
(F) SECURITY INDEX CARD TABULATIONS -- For administrative ‘ purposes in handling the Security Index, the tabulation of the Security Index by designating organizational affiliation is being revised. In = addition to the present abbreviations currenily being used, the following | should also be utilized: students for a Democratic Society _ SDS Spartacist League SPL | Provisional Organizing Committee for a _ Marxist Leninist Communist Party POC - Workers World Party WwwP Revolutionary Action Movement RAM Student Nonviolent Coordinating Committee SNC In those cases involving investigation of the New Left in which there is no designated organizational affiliation, the tabulation should be designated Anarchist (ANA). In those cases involving investigation of Racial Matters in which there is no designated organizational affiliation, the tabulation should be designated Black Nationalist (BNT). A supply of revised FD-122 and FD-122a forms will be forwarded to you in the near future. w Appropriate manual changes are being prepared. 2 Very truly yours, John Edgar Hoover Director Enc. for (B) 2/20/68 SAC LETTER 68-14 Be NW 55069 Dogid: 32959526 Page #53 ;
PERSONAL ATTENTION SAC LETTER 68-16 UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D.C. 20535 In Reply, Please Refer to March 12, 1968 (A) TRAINING - POLICE - FILM ENTITLED "THE POSITIVE IMAGE" -- He The Bureau has prepared a new training film entitled "The Positive Image." This is a 16 millimeter, color sound film which was made for use before law enforcement groups. A permanent retention copy _is being forwarded to you. _ For your information, this film is concerned with the sub- ject of police-community relations. Its purpose is to show the working police officer a variety of situations which involve "community relations, " in the broadest sense, and to convince him that his professional attitudes in his contacts with the citizen in connection with his official duties can change the police image for the better. . The teaching body of "The Positive Image" contains a series of dramatized incidents, each dealing with a different community relations problem. All are confrontations of citizen and policeman in situations of tension. Each presents a stereotypec, negative reaction of the citizen to the police officer at the moment of confrontation and how the officer can dispel this negative reaction by his professional approach. The point is made that the policeman, by acquiring and maintaining a professional attitude with all citizens, can improve the public's attitude toward the law enforcement profession and thus make his work easier and him a more effective law enforcement officer. It is felt that this film, as a visual aid, will have a stronger impact on the viewer if preceded by appropriate remarks by the Bureau instructor presenting the program. é Ss NW 35069 Doold: 32989525 Page 654
(B) EXCESSIVE USE OF AIRTELS -- I have noticed that unnecessary airtels are being received at the Bureau with increasing frequency. Field inspections indicate a similar increase of unnecessary airtels between various field offices. The airtel was devised for use ona restricted basis to combine the expedite handling afforded teletypes with the economy of airmail transmission. This system has been very effective but obviously vigorous steps must be taken to keep airtels at a minimum because this excessive use will clog our facilities for expedite handling and defeat the purpose for which airtels were. intended. In many instances manual provisions specifically require the use of airtels. Some of these requirements are being eliminated and appropriate manual changes will be forthcoming in the near future. However, the principal problem appears to be that airtels are being used in numerous instances where they are not required by regulations and where they are not justified by the urgency of the situation. I have instructed officials at the Seat of Government and the Inspection Staff to be alert for such instances and to recommend disciplinary action where indicated. Where specific regulations have not been issued, good judgment must be used to determine the urgency and the transmittal ‘method. When deciding whether to use an airtel or a letter, keep in mind that processing of routine mail is necessarily slower at the Seat of Government and in the larger offices because of the very heavy volume of mail. Processing of strictly routine mail at the Seat of Government may take as long as two or three days. I will expect the cooperation of all employees to keep the airtel a valuable communi- cation device. , 3/12/68 SAC LETTER 68-16 -2- _ MW 55069 Doold: 32559528 Page #55
(C) YOUNG AMERICAN MEDALS FOR BRAVERY AND SERVICE i. NOMINATIONS FOR 1967 -- The Attorney General has advised the Governors of all the states and territories, and the Commissioner of te, istrict of Columbia, that nominations of candidates for the 1967 ds will be received until May 31, 1968. They have been requested to ates the nominations to the Young "American Medals Committee, Room 5116, Department of Justice, Washington, D. CG. 20530, and have been forwarded copies of the rules and regulations governing the awards. The Attorney General has again emphasized the necessity that nominations be accompanied by complete documentation concerning the actions of the nominees for consideration. In 1967, the Governors had until August 30th to submit their nominations. You should bring this program to the attention of appropriate local and police officials to remind them of the early deadline in effect this year and to encourage them to remain alert to likely candidates for these awards. It has been noted in the past that the submission of candidates for the Service Award has not been in proportion to the many ‘young people who are performing acts which would qualify them as candidates for this award. It should be pointed out that all nominations should be made through the Governor of the individual state. Any candidate of whom you become aware should be brought to the attention of appropriate authorities for consideration and possible submission for this award. 3/12/68 SAC LETTER 68-16 -3- | WW 55069 Doeld: 32989526 Page 56 oa
(D) EQUAL EMPLOYMENT OPPORTUNITY - FEDERAL WOMEN'S PROGRAM -- With respect to equal employment opportunity for women, the President has joined together all Federal programs for equal employ- ment opportunity in support of this country's objective of overcoming prejudice wherever it exists, eliminating discriminatory practices based on prejudice, and promoting equality of opportunity without regard to irrelevant considerations such as race, color, religion, sex, and national origin. In keeping with our goal of best possible utilization of personnel resources at our disposal, women have long played a vital role in our operations and accomplishments. You are instructed to continue to emphasize recruitment and utilization of women, which should sustain and increase opportunities for women in the Bureau's service. In connection with means of attracting women to the Bureau's service, you are referred to the Manual of Rules and Regulations, Part I, Section 10F, 4 under equal employment opportunity. 3/12/68 SAC LETTER 68-16 -4- NW 55069 Doold:32989528 Page 857 : ; I~
(E) FEDERAL RESERVE ACT MATTERS -- Public Law 90-203, | approved 12/15/67-and effective 4/1/68, prohibits National banks, state member banks of the Federal Reserve System, other state banks insured by the Federal Deposit Insurance Corporation, and savings and loan associations insured by the Federal Savings and Loan Insurance Corporation from fostering or participating in gambling activities, lotteries in particular. This law amends Chapter 61, Title 18, U. S. Code, "lotteries, '' by adding thereto new Section 1306. ae Badge, f™ The law revises various Federal banking regulatory statutes ~ and prohibits banks and savings and loan associations from dealing in lottery tickets; dealing in bets used as a means or substitute for participation in lottery; prohibits announcements, advertisements, or publicity relative to the existence of any lottery; prohibits announcements, advertisements or publicity relative to the existence or identity of any participant or winner, as such, ina lottery; prohibits the use of any part of the institutions' offices by any person for any purpose prohibited above; and prohibits direct access by the public from any of the institutions' offices to any premises used by any person for any purpose prohibited above. New Section 1306, Title 18, U. S. Code, provides a maximum penalty of $1, 000 fine or imprisonment of not more than one year, or both, for above-mentioned criminal violations. Nothing contained in this law prohibits a named institution from accepting deposits or handling checks or other negotiable instruments or performing other lawful banking services for a state operating a lottery, or for an employee of that state charged with the administration of the lottery. ,, The Department has advised that the Bureau has investi- gative jurisdiction over alleged violations of criminal provisions of this new law. Since the administrative enforcement rests with various Federal banking regulatory agencies, such investigations will be handled as Federal Reserve Act matters. Appropriate manual changes are being prepared. (Security Letters on attached pages) 3/12/68 SAC LETTER 68-16 -5- MW 55069 Docld: 32989526 Page 856
(F) COMMUNIST INFILTRATION OF THE CONGRESS OF RACIAL EQUALITY -- The Congress of Racial Equality under the leadership of Floyd McKissick has steadily moved away from a legitimate civil rights organization in recent months and is assuming a militant black nationalist posture with some leaders in their public statements condoning acts of violence as a means of attaining Negro rights. It is moving toward the exclusion of members of the white race from its ranks. Communist infiltration at this point is negligible. In view of the above, this organization should be investigated in the future under the Racial Matters character rather than under the Communist Infiltration character. You should, of course, in your continuing investigation of the Congress of Racial Equality be alert to the participation of Communist Party members in the organization or communist influence therein. However, your investigation should be directed toward developing in detail intelligence information regarding the basic aims and objectives of the organization, its activities and programs ona current basis, and any information indicating that members thereof advocate violence as a means of attaining their objectives or participate in actual violence. r 3/12/68 ' SAC LETTER 68-16, ; (G)’ SECURITY FLASH NOTICES - -- As you are aware, many activists of the Student Nonviolent Coordinating Committee travel extensively throughout the United States in connection with their Student Nonviolent Coordinating Committee activities. Many have been arrested in the past on various local and/or Federal charges and in view of their propensity for violence many will undoubtedly be arrested in the future. their possible travels, a Security Flash should be posted with the Identification Division in every instance in which an identification record exists on a Student Nonviolent Coordinating Committee activist. As individuals are identified as affiliates in the future, Security Flashes should be posted by the office of origin in order that it may be notified should the individual be arrested or otherwise fingerprinted. In an effort to provide additional information regarding l . 3/12/68 SAC LETTER 68-16 (= 6- NW 35069 Doocld: 32989520 Page 659 '
to (H) RACIAL INFORMANTS - RACIAL MATTERS -- Recently there were held at the Seat of Government specialized conferences concerning militant black nationalist investigations and racial informant matters. These conferences were attended by representatives from key field offices handling the major portion of the Bureau's work in this field. The conferees were unanimous in their observation that money is the primary motivating force in developing racial informants. In view of this, they recommended that each Special Agent in Charge be given authority to expend up to $400 in the development of racial informants instead of the $200 the majority of Special Agents in Charge may now expend on their own authority. . I concur with this recommendation of the conferees and effective March 15, 1968, the Special Agents in Charge of all field divisions are authorized to expend the sum of $400 in the development of racial informants. In this connection, you are reminded that money expended for informant development must be onac.o.d. basis and full value must be received in proportion to the amount of money expended. Appropriate Manual change will be forthcoming. In addition, the above-mentioned conferences strongly recommend that those field divisions in the Black Nationalist Informant Program (BLACPRO) should continue to have one or more Agents assigned exclusively to the development of racial informants under the above Program. Ialso concur with this recommendation. Therefore, each Special Agent in Charge participating in BLACPRO must assign one or more Agents to work exclusively on informant development for the purpose of expeditiously infiltrating militant black nationalist organizations. as well as being in a position to follow the activities of militant black nationalist individuals who may travel or instigate racial violence jn their respective divisions. As you have been previously advised, I expect each field division to give the matter of racial informant development priority attention in order that the Bureau will be able to fulfill its responsibilities in the racial field. Very truly yours, John Edgar Hoover Director 3/12/68 SAC LETTER 68-16 -7T~- MW 35069 Doocld:32959526 Page 60
PERSONAL ATTENTION SAC LETTER 68-18 UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION In Reply, Please Refer to WASHINGTON, D.C. 20535 a. File No. . ' March 19, 1968 | (A) AGENTS ACTING IN UNDERCOVER CAPACITY -- The field should ; _ be selective in applying this technique. Careful consideration and planning are prerequisites to the successful utilization of an undercover operation. Under no circumstances should an Agent pose as an attornéy or assume - other identity so as to create a relationship which is tegally privileged. Manual changes are forthcoming. - T 3-19-68 | SAC LETTER 68- 18 i (B) HUMAN INTEREST ITEM PROGRAM - EXPANSION OF -- Reference SAC Letter 65-17. ‘You are instructed to immediately expand your contributions to the ''Human Interest Item" program to include information relating to cooperation and assistance to the FBI and other enforcement agencies by members of various professions and occupations. In many of your submissions this can be achieved simply by inserting the occupations of the individuals mentioned in the items. In addition, you should be alert for items which show that because of a person's occupation he was in - position to be of assistance to law enforcement in that particular instance. . Items relating to doctors, druggists, dentists, teachers, auto dealers, bankers, service station attendants, bus drivers, businessmen, and ,others are examples of the types needed. Your strict compliance with these instructions is necessary so that the Bureau may adequately meet its obligations under this program.
(Cc) SELECTIVE SERVICE MATTERS -- The number of individuals charged with Selective Service violations who are awaiting trial is on the increase. After our investigation is completed the delay in the machinery of prosecution works to the advantage of the subject. It is quite apparent that many subjects are attempting various types of delaying tactics and fewer are pleading guilty and instead are asking for trials. There is evidence that in many cases when the individual has exhausted all legal and illegal measures to prevent his being | inducted, he then "volunteers" for induction. He thus has delayed his induction many months, sometimes well over a year. Some will use this technique right up to the time of trial, will then submit to induction and thereafter process is dismissed and they avoid acquiring a criminal record. It is imperative that each investigation conducted in these matters be penetrative and complete as possible and the results forwarded to the United States Attorney without delay. Your attention is directed to Manual of Instructions, Volume Ill, Section 90 B-C, in which you are reminded of that portion of the Selective Service law which states that such cases shall be advanced on the docket for immediate hearing and an appeal from the decision or decree of any United States district court or United States circuit court of appeals shall take precedence over all other cases pending before the court to which the case has been reterred. You are instructed to notify the Bureau of any undue delays resulting from the handling of these cases by the United States Attorney's Office in order that the Bureau may bring this to the attention of the Department. ‘Also, it is the responsibility of each field office to insure delays in prosecution of these cases are closely followed insofar as your responsibility for statistical accomplish menis is concerned. (Security Letters on attached pages) 3-19-68 SAC LETTER 68-18 ~2-
MW 55069 Doold: 32989528 (D) RACIAL MATTERS - GENERAL -- Instructions under "General Racial Matters" in Section 122 of the Manual of Instructions and Chapter 62 of the FBI Handbook presently require that letterhead memoranda submitted to the Bureau concerning possible or actual racial violence include a statement as to the time and date that local agencies were advised of the information and the identities of the individuals so advised. Henceforth, information as to the time and ‘date local agencies were advised and the identities of the individuals so notified should be recorded in the field office case file and need not be included in the letterhead memorandum. The letterhead memorandum, however, must identify the pertinent local law enforcement agencies and interested state and Federal authorities which were advised. Instructions in the above-mentioned sections of the Manual of Instructions and FBI Handbook also presently require that where initial notice to the Bureau of a racial demonstration, _ disturbance, or situation has been by teletype or airtel rather than by a letterhead memorandum, a letterhead memorandum suitable for dissemination be prepared and submitted the same day the information is received except that where received after normal. working hours, it may be prepared and submitted the next workday. Henceforth, the letterhead memorandum must be prepared and submitted before the close of the second workday folowing the date the information was received. It is incumbent upon each Special Agent in Charge to make certain that the above new instructions are closely adhered to in all instances. 3-19-68 SAC LETTER 68-18 - 3- Page 863
(E) RACIAL INFORMANTS - RACIAL MATTERS -- Based upona recommendation made by the recently concluded racial matters conferences, all field divisions should institute procedures to furnish the Bureau and adjoining field divisions information concerning techniques utilized successfully to develop and handle racial informants in militant black nationalist organizations and ghetto areas. It has been noted that individual Special Agents devise successful techniques for the development and handling of racial informants. However, often-these techniques are not brought to the attention of other Agents working in this field. In view of this, there should be a ready exchange of informant techniques between field divisions. In this connection, your attention is directed to the monograph captioned "Development of Racial Informants" dated September, 1967. This monograph deais particularly with the development of racial informants in Klan and white hate-type organizations. However, upon receipt of the techniques concerning the development of racial informants in the militant black nationalist field, a revision will be made of the monograph so that these techniques can be incorporated therein. Recently an observation was made that Negro Special Agents who are assigned militant black nationalist investigative matters as well as racial informant matters were able to achieve entree into areas wherein white Special Agents were denied. This has been of great assistance in our investigations. All Special Agents in Charge should consider the above observation in connection with our utilization of the Special Agent personnel in their particular division. , 3-19-68 SAC LETTER 68-18 -4-
(F) STOCKPILING OF ARMS AND AMMUNITION -- The numerous reports and allegations being received regarding the acquisition of arms and ammunition by purchase, theft, and otherwise and the possible stockpiling of same by black or white racial extremists are of great concern in view of the potential for racial violence presently existing in the Nation. These reports and allegations are matters which should be closely followed, not only on an individual case basis but on an over-all basis as well, in order that information received can be studied and analyzed with regard to its effect on the potential for racial violence. Each office, therefore, will open and maintain a control file under the caption ‘Stockpiling of Arms and Ammunition" to which all pertinent information concerning the acquisition of weapons will be channelized. The information contained in the control file is to be reviewed at least twice monthly and pertinent information affecting the potential for violence should be abstracted and summarized in the semimonthly summary submitted by each office under the caption "Possible Racial Violence, Major Urban Areas." _ The information should be sei forth under the separate subheading "Stockpiling of Arms and Ammunition. '' This category will replace the present category "Thefts of Arms and Ammunition" referred to in SAC Letter 68-10 dated February 6, 1968. } 3-19-68 SAC LETTER 68-18 - 5-
(G) RABBLE ROUSER INDEX -- Section 122 of the Manual of Instructions under the heading "Rabble Rouser Index" requires that an up-to-date investigative report, setting forth pertinent infor- mation concerning the subject's rabble-rousing activities, _ accompany the recommendation for including the individual on the Rabble Rouser Index when no report has been submitted within the past year. Henceforth, a letterhead memorandum may be submitted rather than an investigative report. The letterhead memorandum must contain pertinent background information, including arrest record and a good physical description, as well as a succinct summary of the subject's agitational activities which prompted the recommendation for including him on the Rabble Rouser Index. The Manual of Instructions also requires an annual report concerning each individual whose name is included on the Rabble Rouser Index. In the future an annual letterhead memorandum should be submitted. The above instructions do not apply to rabble rousers who are also on the Security Index. Xu It is incumbent upon each Special Agent in Charge to make certain that the above new instructions are closely adhered to in all | instances. | Very truly yours, | John Edgar Hoover . Director 3-19-68 SAC LETTER 68-18 ~ 6-
PERSONAL ATTENTION SAC LETTER 68-20 UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION In Reply, Please Refer to WASHINGTON, D.C. 20535 i. File No | March 26, 1968 (A) TRAINING - POLICE - REMOVAL OF TRAINING DOCUMENTS FROM NONEXPENDABLE INVENTORY -- Reference is made to SAC Letter 62-36 (C), dated 7/3/62, which instructed that all training documents are to be charged out on property receipts, using the same system as that followed for Bureau manuals. an Prats omen Urey a iaeeammma. | These instructions are being rescinded, except in connec- tion with Training Document #50, entitled "Examining Bank Records, "' which should be maintained in compliance with SAC Letter 62-36. The training documents were prepared for the express purpose of providing field police instructors and speakers with resource materials to be used in police training activities and scheduled speaking - appearances. Accordingly, it is desired that they be made fully avail- able and easily accessible to all interested Bureau personnel. Submit appropriate inventory adjustments, deleting them from inventory. One copy of each training document should be placed in the appropriate section of your field police training reference files, and should be temporarily charged to any employee desiring to remove it therefrom. Police instructors and speakers may reproduce any portion of these documents, as necessary, in connection with official activities. It is not desired, however, that this material be made available to out- side sources. Appropriate manual changes will be forwarded. MW 35069 Docld:329599526 Page G67
(B) BAIL REFORM ACT -- Section 3146 of Title 18, United States Code, enacted June 22, 1966, requires that any person arrested for a noncapital federal offense be réleased, pending trial, on his personal recognizance or upon the execution of an unsecured appearance bond unless the judicial officer (judge or commissioner) before whom he appears determines, in the exercise of his discretion, that such a release will not reasonably assure the appearance of the person as required. In making his deter- mination". . . the judicial officer shall, on the basis of available infor- mation, take into account the nature and circumstances of the offense charged, the weight of the evidence against the accused, the accused's family ties, employment, financial resources, character and mental condition, the length of his residence in the community, his record of convictions, and his record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings." The information used in the determination ''. . . need not conform to the rules pertaining to the admissibility of evidence in a court of Jaw." _ Section 3146 and subsequent sections grant to the accused a right of appeal. An accused alleging that he is detained without just cause, or is to be released only on conditions which he is unable to meet, can take his case to the courts. To implement the statute the Department of Justice has devised a form, Bail Reform Act Form No. 1 (AO-201), now being circulated to United States Attorneys, United States Commissioners and Federal law enforcement agencies. To be used officially by the judicial officer (usually a commissioner), the form is entitled "Record Of Responses To Questions At Bail Reform Act Hearing." PartIis labeled "Questions For The Representative Of The United States." Part if is labeled "Questions For The Defendant Or Other Persons Having Information."’ Part I information will be obtained by the judicial officer '. . . principally from the represent- ative of the United States" and Part If information". . . principally from the defendant.'' The responses given are to be noted on the form but "Quesiions need not be limited to the ones suggested here, nor need all questions be asked in all cases. Neither the defendant nor the representative of the United States may be compelled to answer any question." 3/26/68 SAC LETTER 68-20 -2- HW 35069 Doold: 32569528 Page 868
_ 8/26/68 SAC LETTER 68-20 ~3- _ BW 55065 Docld: 32989529 Page 865 : | Several possible problems have been pointed out to the Department of Justice, such as the fact that our investigations are not directed toward producing bail information and that some apprehensions, made at a place distant from the Office of Origin and on limited information, will result in the arresting Agent initially appearing before the commissioner ' without knowledge of the answers to some bail questions. The Department has not instructed the Bureau to develop bail information, but has stated a general plan of operation, as follows: "We suggest that the forms should be filled out in advance of bail hearings but in no case should they be submitted to a judicial officer without prior approval by an Assistant United States Attorney. It is contemplated that, in many cases, the form completed by an arresting officer will simply constitute a work sheet for use by the United States Attorney’s office... It is... incumbent on the United States Attorney and defense counsel to cooperate with the courts in gathering and furnishing the necessary information in time for the accused*s first appearance for a bail hearing. In order that the United States Attorney be as fully advised as possible, arresting officers should provide him promptly after an arrest or at the time of application for an arrest warrant or summons, with as much of the information as is possible which is called for in parts I and II of AO-201. Although the questions in Part ff are directed to the defendant, accurate information concerning them should be furnished to the United States Attorney to help him verify or refute information which the defendant himself may supply at the hearing. Arresting officers should refrain, in light of Miranda v. Arizona, from interrogating arrested defendants in order to secure information for AO-201. They should, however, be prepared to assist in reviewing any information which the defendant or his attorney may furnish directly to the judicial officer. "Because unexplained failure to submit information to the United States Attorney might be assumed to reflect that no reason exists for opposing release on personal bond, it is important that all available information be recorded or that the difficulties in securing timely information be explained.
Whenever information in any category is unknown to the arresting officer, or premature disclosure in court might compromise effective prosecution, portions of the form may be left blank by the officer or may be completed and presented to the United States Attorney with appropriate cautions. The United States Attorney has the responsibility to resolve conflicts between the desirability of disclosing particular information for purposes of the bail hearing or withholding the information to avoid prejudicing the prosecution." When it was pointed out to the Department that some arrests necessarily will be made on an emergency basis and at a point distant from any member of the United States Attorney's office, with the result that this bail information could not be submitted to the United States Attorney beforehand, the Department replied as follows: ". . . our memorandum... should be taken as solely relating to the use of the form itself. We did not © intend to direct that all bail information be cleared with the United States Attorney before the arresting officers answer any relevant questions put to them by a judicial officer . . . Our point as to the form was that without such prior consultation we should not provide the defense, at this early stage, with detailed information which might not come up at the hearing itself. Thus in the situations you outline, where prior consultation is not feasible, we recommend that the form not be used, but that your agents give whatever information relevant to bail as is required | of them by the judicial officer. ™ The Department obviously prefers that someone in the United States Attorney's office act as the representative of the United States in the bail bond hearing. Cooperate fully with the United States Attorney to this end. The Agent to whom the case is assigned should keep his bail facts available so that he can give them to the United States Attorney (the facts then available) when the warrant is authorized or thereafter,*as desired. 3/26/68 SAC LETTER 68-20 ~4- HW 35069 Docld: 329599528 Page 870
You will note that some of the questions on the form, such as those relating to evidence of guilt found on the defendant, and defendant's . admissions of guilt, call for information which we are forbidden, by directive of the Attorney General, to release to the press. As to this problem, the Department said: "As the directive relates to release of information to the news media there should be no problem in releasing it at a relevant judicial hearing in response to a requést from the presiding official. That this may also release the information to the press must be considered as incidental to the purposes to be served by its release to the judicial officer. Similarly, as the form is intended for use at a judicial hearing, the release of such information by means of the form is not a violation of the directive." All questions on bail should be answered conservatively, no . matter whether the answers are given to the commissioner directly or given indirectly through the screening process of the United States Attorney. State facts only, not conclusions. For example, Question 12 asks, "Was evidence of the offense found in the defendant's possession?" Answer by identifying the things found, if any. Some of these things may prove to be evidence and some may not; only the courts can decide. U.S. v. Pardo-Bolland, 229 F. Supp. 473 (1964). There is a similar problem in Question 13, which asks: "Has the defendant admitted involvement in the offense?" There sometimes is legitimate doubt on whether words used by the person arrested do or do not amount to an admission of guilt. U.S. v. Littlejohn, 260 F. Supp. 278, 282 (1966). Hence your fact for bail hearing purposes is what the accused said, not the legal effect of his words. In any instance in which information is given to the United States Attorney or a member of his staff by filling out Bail Reform Act Form No. 1, place in the case file an exact copy of whatever was given to the United States Attorney's office. 3/26/68 SAC LETTER 68-20 -~5- . HW 35069 BDoold: 329895238 Page 871
MW 55069 Doold:32899525 Page 873 (C) DEMONSTRATIONS PROTESTING UNITED STATES INTERVENTION IN VIETNAM (VIDEM) -- Current Bureau instructions require that all information developed regarding such demonstrations be submitted to the Bureau by teletype for immediate dissemination to the White House and other interested Government agencies, followed by a letterhead memorandum for routine dissemination to the intelligence community. In addition, certain offices submit quarterly reports concerning demonstrations which have occurred during the previous three months. Continue to submit teletypes as instructed; however, ef- fective immediately, a separate letterhead memorandum regarding each routine demonstration should be discontinued. In the future each office should transmit to the Bureau by the close of business each Monday a letterhead memorandum reporting on demonstrations during the past week. Offices submitting quarterly reports are to discontinue them. In order to facilitate handling at the Seat of Government, all communications reporting on antiwar demonstrations are to be furnished the Bureau under the VIDEM caption. Discontinue the use of organi- zational captions. Continue to include pertinent information concerning activity in demonstrations in organizational and individual reports where applicable. During your coverage of demonstrations you should be particularly alert to violations of various federal laws such as the Selective Service Act. All criminal violations should be reported under the appropriate caption. The Bureau will issue separate instructions concerning the coverage of and the reporting on major demonstrations. 3/26/68 SAC LETTER 68-20 -7-
(D) RACIAL INFORMANTS - SECURITY INFORMANTS -- In view of the continuing stress we are placing on our informants, you should insure that all interviews conducted with informants are exacting and thorough. Special Agents handling informants (racial and security) must be cognizant of the fact that much of the information furnished by these informants is being disseminated promptly to key Government officials as well as local authorities. In view of this, every interview conducted with a racial or security informant should be such that no "loose ends" are left hanging and that all information available to the informant is obtained at time of interview. In addition, you are reminded that Special Agents should not merely collect information from informants but also direct their activities in order that the Bureau will obtain the full benefit of the informants potential. _ 3/26/68 : SAC LETTER 68-20 . (E) RACIAL INFORMANTS - RACIAL MATTERS -- Based upon a recommendation made by the recently concluded racial matters con- ferences, the following change concerning the handling of oral infor- mation furnished by racial informants is being placed in effect. It will be no longer necessary to authenticate information furnished orally by a racial informant except in those instances where the information could possibly be used in local as well as Federal prosecution. To avoid duplication of recording information received from an informant where no prosecution is involved, use may be made of one or a com- bination of teletype, letterhead memorandum, or memorandum to replace the informant's statement. All information received from racial in- formants must, however, be adequately recorded. In addition, you may now utilize the FD-209 to channelize observations of racial conditions in ghetto areas where the situation is described as calm by placing a copy of the FD-209 in the informant's Sub-A file and in the appropriate control file covering racial violence. Appropriate Manual change will be furnished. Very truly yours, John Edgar Hoover Director 3/26/68 SAC LETTER 68-20 -8- . eidieieieehelladeiateieiieiiekd nn
In Reply, Please Refer to | File No. a ae Gis ‘PERSONAL ATTENTION SAC LETTER, 68-21 UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D.C. 20535 April 2, 1968 a | (A) ARRESTS - SEARCHES AND SEIZURES -- In Nirov. U. S., decided 2/2/68 but not yet reported, the Court of Appeals, First Circuit, reversed the conviction in a case in which Bureau Agents obtained evidence in a search of premises incidental to arrest. Reversal was based on failure to obtain a search warrant for the premises. The court said, in part, as follows: "We think it proper to say that while the failure to obtain a warrant when one could readily have been had is not of necessity fatal to a search or seizure concomitant with an arrest the nature of which had been fully anticipated, it will be fatal unless there are at least some countervailing factors. We need not define such circumstances. fn the case at bar we find none. We hold that the government cannot rely upon an expected arrest to seize stolen goods, the presence of which it long had probable cause to know of, simply to avoid the inconvenience of obtaining a search warrant." This decision reinstates, for the First Circuit, the rule of Trupiano v. U.S., 334 U.S. 699 (1948), in which the Supreme Court heid that the failure to obtain a search warrant, when there was full opportunity to do so, invalidated what would otherwise have been a search justified by the arrest. This rule was thought to have been discarded in U.S. v. Rabinowitz, 339 U.S. 56 (1950), in which the Supreme Court said, in part, that: "To the extent that Trupiano v. United States... requires a search warrant solely upon the basis of the practicability of procuring it rather than upon the reasonable- ness of the search after a lawful arrest, that case is overruled. The relevant test is not whether it is reasonable to procure a search warrant, but whether the search was reasonable. That criterion in turn depends upon the facts and circumstances - the total atmosphere of the case." a\l? NW 35069 Doold: 32989526 Page #75 .
The prin¢ipal effect of Niro on Bureau offices in the First Circuit (Boston and San Juan) is obvious. In any case in which the Agents have advance probable cause fot believing that instrumentalities, fruits and contraband of the crime in question are located on certain premises where © an arrest is expected and it is practicable to obtain a warrant without jeopardizing the case, they must obtain a search warrant for those premises and thus search on the authority of the warrant rather than on that of the arrest to which the search otherwise would be incidental. There will be exceptions. oe The holding of the court, quoted above, expressly requires a search warrant ". . . when one could readily have been had. . .,"' therefore, the first exception would be justified where the facts are persuasive that the search warrant could not "readily have been had."’ The elements of proof that might be involved here are: (1) How much time elapsed between the receipt of probable cause for the search and the moment of arrest in the premises? In the Niro case this period was described by the court as being "over twelve hours." In a different case, a significantly reduced lapse of time may result in a First Circuit decision contrary to that in Niro. (2) Was the issuing magistrate available when needed? Inquiry by the Agents might show that even though they have collected facts they believe are sufficient to establish probable cause they are unable to present them for consideration by the magistrate because he is not readily available. Thus, the unavailability of the magistrate indicates that a search warrant could not "readily have been had.” (3) Did the probable cause to search obtained by the Agents relate to subject matter not covered by Rule 41 of the Federal Rules of Criminal . Procedure, such as items of mere evidence? If so, a search warrant could not ‘readily have been had" for those items while at the same time the search for those items would have been justified incidental to the arrest in the premises. Further, the court*s holding provides that even where a search warrant could "readily have been had" there may be "some countervailing factors" which would justify exception to the announced rule. They dsaclined to specify the nature of such factors, stating only that they found none in the Niro case. This effectively leaves open an avenue of escape for the court in future cases if they find the rule is largely unworkable in the practical world of law enforcement. Therefore, if the 4-2-68 SAC LETTER 68-21 ~2- »o Mi 55069 Doold: 32989520 Page 876
ron circumstances of a case are such that there appears strong reason, aside from mere inconvenience, for failing to obtain a search warrant when one could readily have been had, good judgment on the scene must control. This assumes consultation, if possible, with the principal legal advisor and with the United States Attorney, prior to taking any action in this regard. Obviously, the facts, circumstances and needs of each investigation differ -and without the context it is impossible to predict, with any satisfactory degree of precision, what "countervailing factors" will be acceptable to the court. Nevertheless, the court said such factors may be considered and this advantage should not be overlooked where it might be useful. Boston and San Juan should anticipate that in any search of premises incidental to arrest, without a search warrant, in which the Agents find instrumentalities, etc., which they had advance reason to believe were there, the courts of the First Circuit will require the government to either justify the failure to obtain a search warrant or forego use of the evidence found. The Niro decision raises the question of what to do when an arrest is to be made, possibly on premises under the control of the accused, for an offense involving things subject to search and seizure and believed to be on those premises, and a search warrant for the premises has been applied for and denied. You are instructed that if the arrest is made on the premises in question, you are to search those premises for the instrumentalities, fruits, contraband, and evidence of the offense in the usual manner of search incidental to arrest. Rabinowitz and the recent decision of the Supreme Court in Warden v. Hayden, 387 U.S. 294 (1967), are your authority for the position that the existence or nonexistence of a search warrant for those premises is not conclusive on the duty and authority of an officer to search premises incidental to arrest therein. You should be careful, however, to avoid timing the arrest in such a way that the court can legitimately draw the conclusion that you passed up a clear opportunity to arrest the accused outside the premises in question for the deliberate purpose of arresting inside the premises and thus using the power of incidental search to bypass the search warrant requirement. Thisdoes not mean that you must follow a policy of arresting outside the premises when you have no search warrant for the premises. There are legitimate reasons for arresting an accused inside his dwelling rather than outside, one of which is the fact that when arresting 4-2-68 . SAC LETTER 68-21 -3-
an accused believed to be dangerous, an arrest inside the premises offers less danger to the public. See Leahy v. U.S., 272 F2d 487 (1959), cert. dism. 364 U.S. 945; Morales v. U.S., 344 Fad 846, 850 (1965). Offices other than Boston and San Juan are not immediately affected by the Niro decision. But the decision should be another warning to lay particular stress on the desirability of obtaining search warrants ( as- well as arrest warrants) whenever there is reasonable opportunity to do so. The Niro decision may be persuasive on courts in other circuits. For example, the Fifth Circuit (Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas) has shown some leaning toward views like those expressed in Niro. Barnett v. U.S. , 384 F2d 848 (1967); Williams v. U.S., 382 F2d 48 (1967). The Niro rule on premises could easily be extended to searches of vehicles in a non-mobile condition or even to those in a mobile condition in cases where the facts known to the officers were such that they could accurately predict the location of the vehicle at a time of planned arrest therein. See Clay v. U.S., 239 Fad 196 (1956); U.S. v. Kendrick, 266 F. Supp. 718 (1967). Advise all investigative personnel and direct your Legal _ Instructor to follow this matter closely. 4~2-68 SAC LETTER 68-21 i , ORM - ADMINISTRATIVE HANDLING OF FC eae ttached herewith standardized instructions concerning f Form FD-302. (B) REPORT FD-302 -- There are a the administrative handling 0 ’ wo seteewnnameny nis penne f a) oatewmer es As the result of consultations with Chief Clerks, and certain ents in Charge, and the findings of the Inspection meee etermined that there is an absolute need to standar ae ‘ee handling of Form FD-302. The consensus was that this pr oo lity aS | practical for field-wide use, efficient and it would fix respons a eet handling of FD-302. Advise all personnel of the instruc ons eat in the attached procedures and place these instructions into effec immediately. Special Ag has been a Manual revisions will be forthcoming. (Security Letter on attached pages) 4-2-68 SAC LETTER 68-21 -~4- MW 55069 Docld: 32999526 Page 876 ,
(C) SECURITY INVESTIGATIONS OF INDIVIDUALS -- The emergence of the new left movement as a subversive force dedicated to the complete destruction of the traditional values of our democratic society presents the Bureau with an unprecedented challenge in the security field. Although the new left has no definable ideology of its own, it does have strong Marxist, existentialist, nihilist and anarchist overtones. While mere membership in a new left group is not sufficient to establish that an individual is a potential threat to the internal security of the United States, it must be recognized that many individuals affiliated with the new left movement do, in fact, engage in violence or unlawful activities, and their potential dangerousness is clearly demonstrated by their statements, conduct and actions. ; The Bureau has recently noted that in many instances security investigations of these individuals are not being initiated. In some cases, subjects are not being recommended for inclusion on the Security Index merely because no membership in a basic revolutionary organization could be established. Since the new left is basically anarchist, many of the leading activists in it are not members of any basic revolutionary group. It should be borne in mind that evenifa subject's membership in a subversive organization cannot be proven, his inclusion on the Security Index may often be justified because of activities which establish his anarchistic tendencies. In this regard, you should constantly bear in mind that the public statements, the writings and the leadership activities of subjects of security investi- gations which establish them as anarchists are proper areas of inquiry. Such activity should be actively pursued through investigation with the ultimate view of including them on the Security Index. itis entirely possible, therefore, that a subject without any organizational affiliation can qualify for the Security Index by virtue of his public pronounce- ments and activities which establish his rejection of law and order and reveal him to be a potential threat to the security of the United States. It is equally important to understand that mere dissent and opposition to Governmental policies pursued in a legal constitutional manner are not sufficient to warrant inclusion in the Security Index. ‘You are reminded that one of the four criteria in Section 87D, Manual of Instructions, must apply. Further, in those cases requiring Bureau 4-2-68 SAC LETTER 68-21 - 5- HW 55069 Doocld: 32989528 Page 875
authority to initiate investigations, your requests must summarize information available to show the potential threat and not merely show anti-Vietnam or peace group sentiments without also revealing advocacy of violence or unlawful action which would justify an investigation. Very truly yours, John Edgar Hoover Director Enclosures for (B) 4-2-68 SAC LETTER 68-21 ~6- NW 35069 Docld: 329099528 Page 850
In Reply, Please Refer to HW 35069 Doold: 32989526 PERSONAL ATTENTION SAC LETTER 68-22 UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION WASHINGTON, D.C. 20535 April 9, 1968 (A) U. S. SAVINGS BONDS CAMPAIGN - 1968 -- The 1968 bond drive sponsored by the U. S. Treasury Department will commence this year on April 18, 1968, and will be concluded on June 14, 1968. The Treasury Department has set 80% employee participation as its target for this year. Of our 15,556 employees, a total of 7, 446 are presently buying Series E bonds and U. S. Savings Notes for an employee participation rate of only 47.9%. Obviously there is room for a great deal of improve- ment when comparing our rate of participation with the target. A list of nonparticipants will be furnished you prior to April 18, 1968, so each may be personally contacted and encouraged to join the program through good salesmanship without any pressure whatsoever. Nonsubscribers should be made aware that the purchase of savings bonds helps the Nation's finances and represents a solid personal investment. The Bureau's payroll deductior service con- cerning the bond program facilitates such savings. As little as $3.75 a pay period may be withheld for the purchase of Series E bonds and $3.90 for the combination purchase of Series E bonds and U. S. Savings Notes. Series E bonds yield 4. 15%0 when held to their 7-year maturity and may be cashed in after 2 months if the need arises. U: S. Savings Notes yield 4.74° compounded semiannually when held to maturity of only 4 1/2 years and they may be redeemed after 1 year. If held to maturity, Series E bonds will pay $4 for every $3 invested. Series E bonds are issued in face amounts of $25, $50, 375, $100, $200, $500, and $1,000 whereas U. S. Savings Notes are issued only in face amounts of $25, $50, $75, and $100. Make certain you have a sufficient supply on hand of form FD-308 which is the application to buy Series E bonds.as well as form SF 1192-A, the application to buy the combination Series E bonds and U. S. Savings Notes. Each nonparticipant should be furnished with such applications, the advantages of joining personally outlined by the supervisor, and be followed up to secure your employees’ expressed interest. Completed applications should be furnished promptly to the Voucher-Statistical Section as received by you since a weekly report of our progress must be furnished to the U..S. Treasury Department during the span of the drive. The official Bureau name and the correct Social Security number must be used on the forms. These forms should either be typed or printed in ink. At the conclusion of the drive Voucher- Statistical Section will send you a report which will reveal any success attained from your efforts in spearheading this year's drive. Over eight million Americans are using this effortless means to save and those buying bonds are providing for their future. Page 881
(B) LINEUPS - IDENTIFICATION BY PHOTOGRAPH -- On March. 18, 1968, the United States Supreme Court approved the pre-arrest use of photographs for identification. Simmons v. U.S., U.S. , 36 LW 4227 (1968). as A savings and loan association was held up by two men who left the scene in a vehicle that was located and identified the same day. Through this lead, group pictures, in which Simmons and others appeared, were obtained. On the day following the robbery, these photographs were exhibited by Agents to savings and loan employees who identified Simmons as one of the subjects. Simmons was convicted and appealed, contending his pretrial identification through the use of photographs was improper. The Court looked to the “totality of surrounding circumstances" to determine that the photographic identification, as used in this case, did not deny Simmons due process of law or call for reversal under the Court's supervisory authority. The Court, in reaching its decision, considered the following: (1) It was a pre-arrest situation involving a serious crime and the identity of the subjects had not been definitely established at the time the photographs were exhibited to the eyewitnesses. (2) The eyewitnesses had an opportunity during the robbery to observe the subjects for an appreciable period under conditions indicating a good possibility of subsequent valid identifications. (3) Photographs were exhibited to the witnesses the day following the commission of the crime ‘while their memories were still fresh." (4) At least six photographs were exhibited to each witness. Subject*s picture appeared in several of the photographs and the Court noted ", . . it probably would have been preferable for the witnesses to have been shown more than six snapshots, for those snapshots to have pictured a greater number of individuals, and for there to have been proportionally fewer pictures of Simmons." 4/9/68 _ SAC LETTER 68-22. -2- NW 35069 Doocld: 32959525 Page 62
(5) The photographs were shown to each witness individually. They were told nothing concerning the progress of the investigation and no suggestions were made indicating which person in the photographs was under suspicion. (6) The initial identifications were confirmed by all witnesses in subsequent viewings of photographs and by in-court identifications which stood up on cross-examination. . The Court stated that the sum of these circumstances left little room for doubt that the identification was proper. The Court pointed out that where there are multiple eyewitnesses "The reliability of the identification procedure could have been increased by allowing only one or two of the five eyewitnesses to view the pictures of Simmons. [If thus identified, Simmons could later have been displayed to the other eyewitnesses in a lineup, thus permitting the photographic identification to be supplemented by a corporeal identification, which is normally more accurate, " In connection with another point in the case, the Court \ indicated that all photographs shown to a witness should be maintained so they will be available if called for by the court. These photographs, properly identified, are to be maintained as exhibits in the case file. a As to future cases involving the use of photographs for identification, the Court held". . . that each case must be considered on its own facts, and that convictions based on eyewitness identification at trial following a pretrial identification by photograph will be set aside... . only if the photographic identification procedure was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable ~ misidentification.” . This decision, like U.S. v. Wade 388 U.S. 218 (1967); Gilbert v. California, 388 U.S. 263 (1967); and Stovall v. Denno, 218 U.S. 293 (1967), indicates the continuing interest of the Court in the identification process. Safeguards are established to insure the reliability of eyewitness identification by subjecting the use of photographs for identification to scrutiny of the courts on the issue of admissibility, - 4/9/68 SAC LETTER 68-22 -3- MW 55069 Doold:329895238 Page #83
- To insure compliance, you areinstructed to use photographs for identification purposes only where good judgment indicates it is necessary. The "necessity" for use of photographs for identification arises where there is compelling need to identify a subject who has not been sufficiently identified through other investigation. , A serious question as to the validity of any photographic identification is raised if the witness did not have adequate opportunity to observe the subject so that it is reasonable to believe the witness could “make a valid identification. Resort to use of photographs for identification purposes in this situation only where no other reasonable possibility of identifying the subject exists. The procedure utilized in exhibiting photographs for identification is of equal importance to avoid suggestive or coercive influences. Display subject*s photograph to witnesses in a group of at least five other photographs which depict persons resembling the subject as nearly as possible. In the event there are multiple eyewitnesses, attempt to identify the subject by displaying the photographs to only a few of them. The remaining witnesses should view subject at a subsequent lineup, which should result in a more reliable identification. The photographs must not be viewed by a witness in the presence of any other witness. Do not, in any way, indicate which photograph is that of the suspect. In addition, do not reveal to the witness the status of the investigation as this would possibly indicate to him that the suspect has been otherwise identified and his photograph is among those being shown. SAC Letter 67-61 (A) stated that photographic identification may be used in the event the accused refuses to participate in a lineup and no method of compelling him to do so is found. Continue to follow these instructions. Advise all investigative personnel. 4/9/68 SAC LETTER 68-22 -4- HW 55069 Doocld: 32589528 Page f64 , Re ree
(C) FBI NATIONAL ACADEMY - 1969 SESSIONS -- The 83rd Session of the FBI National Academy will be held March 10 to May 28, 1969. The 84th Session will be held August 18 to November 5, 1969. ‘You will be advised at a later date when nominations for these sessions should be submitted. 4/9/68 t SAC LETTER 68-22 i (D) ARRESTS - SEARCHES AND SEIZURES - SEARCH WARRANTS; ARREST WARRANTS -- The Seventh Circuit Court of Appeals has, in effect, instructed all United States Commissioners in Dlinois, Indiana and Wisconsin to cease drafting affidavits and, presumably, complaints. In U.S. v. Pascente, 387 F2d 923 (1967), the Seventh Circuit approved an affidavit for a search warrant which was described as". . . a printed form filled in and completed in what is obviously a hasty handwritten scrawl, replete with abbreviations (some of them rather unconventional) and composed in a highly cryptic style. . . ." It is noted that although the affidavit was signed by an FBI Agent, it was prepared by a United States ‘ommissioner and this practice was condemned by the court. Rule 41 (c), Federal Rules of Criminal Procedure, which is controlling, contemplates that the affidavit will be prepared by the affiant and not by the Commissioner. Reversal was not ordered on this point because no prejudice to the defendant was shown in this case. But, the court said, ". . . nevertheless, a practice of having the Commissioner prepare any such affidavits should be disapproved in order that it will not recur in any districts of this circuit."' The defendant's petition to the Supreme Court for a writ of certiorari in this case was filed February 23, 1968; however, until advised to the contrary offices located in the Seventh Circuit must accept the Court of Appeals decision as binding on this point. The immediate effect of this decision is that FBI Agents in the Chicago, Springfield, Indianapolis and Milwaukee Divisions hereafter must write their own affidavits and complaints, excepting only those situations in which the United States Attorney or an Assistant does the composition with information supplied by the Agent. In this regard, Agents writing their own affidavits and complaints will be assisted as necessary by the principal Legal Instructor. The statement of probable cause may be prepared on a 4/9/68 SO SAC LETTER 68-22 ~5- a , NW 55069 Docld:32989528 Page 6865
separate sheet prior to appearing before the magistrate and simply attached and incorporated by reference when the formal affidavit or complaint is. filed. Using this method, there should be little justification for hastily drawn statements that would merit the criticism expressed by the Seventh Circuit. Though they are not technically bound by it, courts and/or United States Commissioners in Federal Districts outside of the Seventh Circuit may be persuaded to follow the rule announced in the Pascente case. Therefore, the Legal Instructor in your office should alert all investigative personnel to this recent development in the law and re«enforce previous instructions that Agents are to rely on the advice and assistance of the United States Attorney and the United States Commissioner where possible. However, we must anticipate that in some districts and circuits this assistance may be limited or non-existent, in which case we have no choice but to prepare our own affidavits and complaints. Under such circumstances, ' the assistance of the Legal Instructor may be particularly valuable. 4/9/68 SAC LETTER 68-22 -~6- MW 35069 Doold: 32899525 Page 856
/ : ‘ (gz) BUREAU APPLICANTS - CLERICAL RECRUITMENT PROGRAM - SEAT OF GOVERNMENT -- Recently I was informed by a Special Agent in Charge of a plan he was utilizing to stimulate clerical recruiting on the part of Resident Agents. Each Resident Agency in his division was given a quota. When a Resident Agency did not make its quota, Agents from that Resident Agency were assigned on a rotating basis to do investigations on applicants recruited in a Resident Agency where the quota had been met or exceeded. This proved to be very successful and, where practical, you should take immediate steps to implement this technique in your office. I realize that in some offices such a technique would be impractical due to the distances between Resident Agencies and would result in the excessive expenditure of funds and manpower, Each Special Agent in Charge should thoroughly analyze his recruitment program to see if such a technique can be implemented, Other similar techniques have proven successful, One technique is to send a group of Agents into Resident Agency territories to locate, interview and test prospective appli- cants, If the applicants are found to possess the basic qualifications investigations are ordered and assigned to other Agent personnel not directly responsible for those recruited, Another technique is to send Agent personnel into Resident Agency territories to work the cases developed by the Resident Agents, particularly where the Resident Agency has a heavy case load, Although the above techniques have been utilized in connection with recruiting in Resident Agency territories, serious consideration should be given to utilizing them in Headquarters City also, to insure that each Agent is equitably sharing in this most vital program. This matter will be carefully looked into during the course of the inspection of your office. 4/9/68 SAC LETTER 68-22 -T- MW 55069 Doold: 32989528 Page 887 — P r
(F) TOP ECHELON CRIMINAL INFORMANT PROGRAM -- As you have previously been informed, the Bureau has heavy commitments in con- nection with the drive against organized crime. To appropriately dis- charge your responsibilities, it is mandatory that you have a skillfully devised and executed program to obtain adequate top-level informant coverage. A principal objective of your Top Echelon Criminal Informant Program must be the penetration of La Cosa Nostra with member-informants. The importance of developing such sources cannot be overemphasized. An accurate picture with respect to the prevalence of La Cosa Nostra within your territory cannot be clearly established without such sources. Your Top Echelon Criminal Informant Program must also be aimed at the development of informants who will enable you to meet your responsibilities in connection with the antigambling statutes. Keep in mind that all Special Agents assigned to criminal intelligence matters share the responsibility for the development of adequate informant coverage. They must be continually alert to the possibility of selecting appropriate targets for development for inclusion in your program. There is a direct relationship between the effectiveness of your Criminal Intelligence Program and the quality of your top-level informant coverage. You will be held strictly accountable for having an imaginative and productive Top Echelon Criminal Informant Program. Your program will continue to be very closely analyzed with this in mind during future inspections and appropriate administrative action will be taken against both Agent and supervisory personnel for any failures detected. The progress of your Top Echelon Criminal Informant Program will be closely followed. (Security Letters on attached pages) 4/9/68 SAC LETTER 68-22 ~8- NW 35069 Docld: 329099528 Page 856