Pubdate: Wed, 18 Jul 2001
Source: The Southeast Missourian (MO)
Copyright: 2001, Southeast Missourian
Contact: http://www.semissourian.com/opinion/speakout/submit/
Website: http://www.semissourian.com/
Details: http://www.mapinc.org/media/1322
Author: Terrence Petty, The Associated Press

FBI'S UNDERCOVER OPERATIONS ON HOLD BECAUSE OF COURT RULING

PORTLAND, Ore. -- For nearly a year, the FBI and other law enforcement 
agencies have been handcuffed in Oregon, constrained from launching 
undercover operations as basic as sending an agent to buy drugs from a 
suspected dealer.

The reason is an Oregon Supreme Court ruling that all attorneys -- 
prosecutors included -- must abide by state ethics rules against the use of 
deceit.

Under Justice Department policy, undercover activities by federal agents 
must be approved by prosecutors in the U.S. attorney's office. Since the 
Aug. 17 ruling, the U.S. attorney's office in Portland has suspended some 
undercover operations and has not approved any new ones for fear of 
disciplinary action from the Oregon State Bar, which can disbar members.

"I consider this the single greatest challenge as U.S. attorney in Oregon. 
It's a terrible problem," said Mike Mosman, interim U.S. attorney.

The FBI said the cases hampered include an undercover operation against 
Russian mobsters, an investigation of adults who go into Internet chat 
rooms to try to lure children into having sex, and a probe of a check fraud 
scheme involving more than $1 million in losses in four states.

Beth Anne Steele, an FBI spokeswoman in Portland, said that because of the 
ruling, if the FBI wanted to bust a drug dealer, "we'd have to walk up and 
say: 'I'm an FBI agent. Here's $10,000. I'd like to buy some coke.'"

Caused by unrelated case

The ruling was triggered by an ethics case that had nothing to do with 
prosecutors.

In 1998, the bar ruled that an attorney had violated ethics rules by posing 
as a chiropractor while preparing a lawsuit against an insurance company. 
The rules say lawyers must not engage in "dishonesty, fraud, deceit or 
misrepresentation."

The state Supreme Court backed the bar last August. But the court went even 
further.

Before the ruling, the Justice Department had asked the court to grant an 
exemption for prosecutors to get involved in undercover operations. But the 
court said the ethics rules apply to all members of the bar without exception.

Now, it's not just federal agents who are feeling the squeeze.

The state Attorney General's office has suspended undercover operations by 
its consumer fraud and organized crime units.

County and city prosecutors are not directly involved in undercover 
operations as often as federal prosecutors. But many are not even giving 
advice to local law enforcement agencies about undercover operations.
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