It is not unusual for people to ask why we recommend so much training for those involved in managing confidential informants (HUMINT, confidential human sources, CHIS). This week when I pointed out that we would normally spend at least two days solely on risk management this was greeted with incredulity. The question asked was “Why would you to that?” My reply was that if you do not identify and manage the risks it is much more likely that:
You will cost the informant their life.
It will cost your Chief a shit-ton of money in a lawsuit.
Interestingly, this raised the retort: Is ‘shit-ton’ even a proper word? It is. It’s a noun and the Miriam Webster dictionary defines it as ‘a large amount or quantity’. The second question was: How much is a large amount? The answer depends on three things:
The harm the compromise has caused to the informant.
The degree to which the agency is at fault.
How much money the particular court, on the particular day, decides to award?
The reason we describe it as a shit-ton is down to the fact that it is impossible to estimate just how much a large amount is.
Our reasoning in addressing the issue goes like this. If we invest x amount of dollars in training staff will it reduce the figure in any litigation? The answer is yes (probably) and here is why. First, proper training will reduce the likelihood of an informant being compromised. Second, identifying the risks at an early stage, will identify if the informant is likely to compromise themselves. Third, if we know the risks we can manage them. Fourth, in identifying the risks it will also provide an estimate of the possible cost of compromise is likely to be. (The way we estimate the possible cost of compromise is covered in the training.)
When a compromise goes to court the agency will be able to prove they took all reasonable steps to manage the risks and that those involved were properly trained in managing informants. While this may not remove the liability, it is very likely to substantially reduce the damages awarded.
Alternatively, don’t train your staff and wait for a shit-ton of grief from a court. Courts don’t like it when the police don’t do the basics to keep people safe.
And just in case you think this won’t happen to you, somewhat ironically, we then got a call from a lawyer seeking an expert witness in two informant related lawsuits, against two different police departments.
If you are concerned about how you manage informants please give us a call + 44 7739370969 or info@hsmtraining.com. We would much rather fix the door before the horse bolts.
