MEMPHIS, Tenn. - It's a system cloaked in secrecy. Confidential informants have helped lock up dozens of criminals, from drug traffickers to terrorists, but some say the practice needs more safeguards. FOX13’s Jill Monier dug around and found some people make a pretty good living being an informant.
Many speculate Ernest Withers was a paid informant. Not only can an informant provide law enforcement with tips, they can provide inside information into an organization’s operation and even secure convictions with their testimony.
The DEA says they wouldn't effectively be able to enforce the laws without them.
There's the saying, “snitches get wind up in ditches.” FOX13 has found some snitches get riches.
“You can call the police and be on the side of law enforcement and justice or you can be on the side of criminals and injustice,” said Clay Aitken with the Sheriff’s Office.
Snitch
Narc
Rat
Squealer
These are all nicknames for the confidential informant or C.I.
Law enforcement calls them vital. Informants are considered one of their most effective tools.
A confidential informant is someone who provides information about criminal activity to law enforcement officers. Their identity is kept secret to protect them against retribution from those involved in the crime.
“Most of the informants we develop, are involved in criminal activity. You get your best information from people who have knowledge of the crimes or are being involved in committing the crimes,” said Aitken.
Sgt. Clay Aitken, with the Shelby County Sheriff’s office says 80 to 90 percent of their informants have become informants following an arrest and are looking for leniency on their sentences.
But others, who don't have a case to work off, are paid.
Informants come from all walks of life.
They can be photographers, like Ernest Withers, lawyers, mothers, girlfriends, really anyone, but many times they're crooks.
“If we don’t pay them and we don’t get this information, it could involve loss of property and eventually loss of life,” said Aitken.
Aitken says informants are necessary, he sites a case where a man who was supposed to participate in a business robbery, notified deputies and then became an informant.
“He informed us what they were driving and it happened to be in stolen car, had ski mask, stolen guns in the vehicle, so when they pulled onto the lot, we were able to take them into custody and prevent what was going to be a very, very dangerous situation,” said Aitken.
Records on the number of informants and what they're paid is not made public by the sheriff’s office. Aitken says informants are paid with seized drug money, not taxpayers’ dollars.
“I've seen informants get paid anywhere from $50 to thousands of dollars. But there's no set rate or set fee,” said Aitken.
One of my law enforcement sources who has worked directly with informants, says he's personally seen a Mid-South informant get handed $50,000 cash for one tip that led to a huge drug bust but that’s nothing compared to what the Feds can offer and he says informants have been known to shop their information around selling it to the highest bidder.
According to the 2002 U.S. Attorney General’s guidelines regarding use of confidential informants on a federal level, payments between $2,500 and $25,000 must be signed off by a senior field manager. Payments more than $100,000 in one year must get approval from headquarters as does any payout of more than $200,000 over a lifetime.
An informants pay depends on the level of the targeted individual or organization, the amount of the seized and significance of their contribution. While agents are required to inform the C.I that it is taxable income that must be reported, some doubt it is.
“My experience with informants who want to make a living at it, is they can make a pretty damn good living,” said attorney Leslie Ballin.
Defense attorney, Leslie Ballin has seen both sides of informants. He’s represented those who decide to become confidential informants and has worked against informants, testifying against his clients.
“Once you draw that line and become an informant then you're supposed to live a law abiding life. Truth of the matter is that really isn't the case and I believe law enforcement, at times turns a blind eye to what their informants are doing in the street,” said Ballin.
Aitken says the sheriff's office cannot work with an informant who is knowingly committing crimes but in Mississippi the rules are different.
District Attorney John Champion says in drug cases, confidential informants are paid for how much they buy. If they buy $100 of marijuana, they get $100.
Champion says they had one ex-drug addict work as a professional confidential informant. He traveled around the country, working for various narcotics units, and making up to $1,000 a day.
He estimates he got paid between $70 and $90,000 a year.
Federal guidelines also allow confidential informants to illegal activity without being prosecuted, as long as it’s necessary
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