The
Federal Bureau of Investigation (FBI) is an agency of the United States
Department of Justice that serves as both a federal criminal
investigative body and an internal intelligence agency. The FBI has
investigative jurisdiction over violations of more than 200 categories
of federal crime. Its motto is "Fidelity, Bravery, Integrity",
corresponding to the FBI initials.
The
FBI's headquarters, the J. Edgar Hoover Building, is located in
Washington, D.C.. Fifty-six field offices are located in major cities
throughout the United States as well as over 400 resident agencies in
smaller cities and towns across the country. More than 50 international
offices called "legal attachés" are in U.S. embassies worldwide.
Mission and priorities
In
the fiscal year 2008, the FBI's total budget was approximately $6.8
billion, including $410 million in program increases to
counter-terrorism, counter-intelligence, cybercrime, information
technology, security, forensics, training, and criminal programs.
The
FBI was established in 1908 as the Bureau of Investigation (BOI). Its
name was changed to the Federal Bureau of Investigation (FBI) in 1935.
The
FBI's main goal is to protect and defend the United States against
terrorist and foreign intelligence threats, to uphold and enforce the
criminal laws of the United States, and to provide leadership and
criminal justice services to federal, state, municipal, and
international agencies and partners.
Currently, the FBI's top investigative priorities are:
Protect the United States from terrorist attack (see counter-terrorism);
Protect the United States against foreign intelligence operations and espionage (see counter-intelligence);
Protect the United States against cyber-based attacks and high-technology crimes (see cyber-warfare);
Combat public corruption at all levels;
Protect civil rights;
Combat transnational/national criminal organizations and enterprises (see organized crime);
Combat major white-collar crime;
Combat significant violent crime;
Support federal, state, local and international partners;
Upgrade technology for successful performance of the FBI's mission.
In August 2007, the top categories of lead criminal charges resulting from FBI investigations were:
Bank robbery and incidental crimes (107 charges)
Drugs (104 charges)
Attempt and conspiracy (81 charges)
Material involving sexual exploitation of minors (53 charges)
Mail fraud – frauds and swindles (51 charges)
Bank fraud (31 charges)
Prohibition of illegal gambling businesses (22 charges)
Fraud by wire, radio, or television (20 charges)
Hobbs Act (Robbery and extortion affecting interstate commerce) (17 charges)
Racketeer Influenced and Corrupt Organizations Act (RICO)-prohibited activities (17 charges)
Legal authority
An
FBI Agent tags the cockpit voice recorder from EgyptAir Flight 990 on
the deck of the USS Grapple (ARS 53) at the crash site on November 13,
1999.
The
FBI's mandate is established in Title 28 of the United States Code
(U.S. Code), Section 533, which authorizes the Attorney General to
"appoint officials to detect... crimes against the United States."
Other federal statutes give the FBI the authority and responsibility to
investigate specific crimes.
J.
Edgar Hoover began using wiretapping in the 1920s during Prohibition to
arrest bootleggers. A 1927 case in which a bootlegger was caught
through telephone tapping went to the United States Supreme Court, which
ruled that the FBI could use wiretaps in its investigations and did not
violate the Fourth Amendment as unlawful search and seizure as long as
the FBI did not break in to a person's home to complete the tapping.
After Prohibition's repeal, Congress passed the 1934 Communications Act,
which outlawed non-consensual phone tapping, but allowed bugging. In
another Supreme Court case, the court ruled in 1939 that due to the 1934
law, evidence the FBI obtained by phone tapping was inadmissible in
court. A 1967 Supreme Court decision overturned the 1927 case allowing
bugging, after which Congress passed the Omnibus Crime Control and Safe
Streets Act, allowing public authorities to tap telephones during
investigations, as long as they obtain a warrant beforehand.
The
FBI's chief tool against organized crime is the Racketeer Influenced
and Corrupt Organizations (RICO) Act. The FBI is also charged with the
responsibility of enforcing compliance of the United States Civil Rights
Act of 1964 and investigating violations of the act in addition to
prosecuting such violations with the United States Department of Justice
(DOJ). The FBI also shares concurrent jurisdiction with the Drug
Enforcement Administration (DEA) in the enforcement of the Controlled
Substances Act of 1970.
The
USA PATRIOT Act increased the powers allotted to the FBI, especially in
wiretapping and monitoring of Internet activity. One of the most
controversial provisions of the act is the so-called sneak and peek
provision, granting the FBI powers to search a house while the residents
are away, and not requiring them to notify the residents for several
weeks afterwards. Under the PATRIOT Act's provisions the FBI also
resumed inquiring into the library records[8] of those who are suspected
of terrorism (something it had supposedly not done since the 1970s).
Information
obtained through an FBI investigation is presented to the appropriate
U.S. Attorney or Department of Justice official, who decides if
prosecution or other action is warranted.
History
Beginnings: The Bureau of Investigation
In
1886, the Supreme Court, in Wabash, St. Louis & Pacific Railway
Company v. Illinois, found that the states had no power to regulate
interstate commerce. The resulting Interstate Commerce Act of 1887
created a Federal responsibility for interstate law enforcement. The
Justice Department, which was founded by John Verbruggen, made little
effort to relieve its staff shortage until the turn of the century, when
Attorney General Charles Joseph Bonaparte reached out to other
agencies, including the Secret Service, for investigators. But the
Congress forbade this use of Treasury employees by Justice, passing a
law to that effect in 1908. So the Attorney General moved to organize a
formal Bureau of Investigation (BOI or BI), complete with its own staff
of special agents. The Secret Service provided the Department of Justice
12 Special Agents and these agents became the first Agents in the new
BOI. Thus, the first FBI agents, including John Verbruggen, were
actually Secret Service agents. Its jurisdiction derived from the
Interstate Commerce Act of 1887.The FBI grew out of this force of
special agents created on July 26, 1908 during the presidency of
Theodore Roosevelt. Its first official task was visiting and making
surveys of the houses of prostitution in preparation for enforcing the
"White Slave Traffic Act," or Mann Act, passed on June 25, 1910. In
1932, it was renamed the United States Bureau of Investigation. The
following year it was linked to the Bureau of Prohibition and
rechristened the Division of Investigation (DOI) before finally becoming
an independent service within the Department of Justice in 1935.In the
same year, its name was officially changed from the Division of
Investigation to the present-day Federal Bureau of Investigation, or
FBI.
[edit]The J. Edgar Hoover Directorship
The
Director of the BOI, J. Edgar Hoover, became the first FBI Director and
served for 48 years combined with the BOI, DOI, and FBI. After Hoover's
death, legislation was passed limiting the tenure of future FBI
Directors to a maximum of ten years. The Scientific Crime Detection
Laboratory, or the FBI Laboratory, officially opened in 1932, largely as
a result of Hoover's efforts. Hoover had substantial involvement in
most cases and projects the FBI handled during his tenure.
During
the "War on Crime" of the 1930s, FBI agents apprehended or killed a
number of notorious criminals who carried out kidnappings, robberies,
and murders throughout the nation, including John Dillinger, "Baby Face"
Nelson, Kate "Ma" Barker, Alvin "Creepy" Karpis, and George "Machine
Gun" Kelly.
Other
activities of its early decades included a decisive role in reducing
the scope and influence of the Ku Klux Klan. Additionally, through the
work of Edwin Atherton, the FBI claimed success in apprehending an
entire army of Mexican neo-revolutionaries along the California border
in the 1920s.
Lester J. Gillis, also known as "Baby Face" Nelson.
The FBI and national security
Beginning
in the 1940s and continuing into the 1970s, the Bureau investigated
cases of espionage against the United States and its allies. Eight Nazi
agents who had planned sabotage operations against American targets were
arrested, six of whom were executed (Ex parte Quirin). Also during this
time, a joint US/UK code breaking effort (Venona)—-with which the FBI
was heavily involved—-broke Soviet diplomatic and intelligence
communications codes, allowing the US and British governments to read
Soviet communications. This effort confirmed the existence of Americans
working in the United States for Soviet intelligence.Hoover was
administering this project but failed to notify the Central Intelligence
Agency (CIA) until 1952. Another notable case is the arrest of Soviet
spy Rudolf Abel in 1957. The discovery of Soviet spies operating in the
US allowed Hoover to pursue his longstanding obsession with the threat
he perceived from the American left, ranging from Communist Party of the
United States of America (CPUSA) union organizers to American liberals
with no revolutionary aspirations whatsoever.
The FBI and the civil-rights movement
During
the 1950s and 1960s, FBI officials became increasingly concerned about
the influence of civil rights leaders. In 1956, for example, Hoover took
the rare step of sending an open letter denouncing Dr. T.R.M. Howard, a
civil rights leader, surgeon, and wealthy entrepreneur in Mississippi
who had criticized FBI inaction in solving recent murders of George W.
Lee, Emmett Till, and other blacks in the South. The FBI carried out
controversial domestic surveillance in an operation it called the
COINTELPRO, which was short for "COunter-INTELligence PROgram."It aimed
at investigating and disrupting dissident political organizations within
the United States, including both militant and non-violent
organizations, including the Southern Christian Leadership Conference, a
leading civil rights organization.
Martin
Luther King, Jr. was a frequent target of investigation. The FBI found
no evidence of any crime, but attempted to use tapes of King involved in
sexual activity for blackmail. In his 1991 memoirs, Washington Post
journalist Carl Rowan asserted that the FBI had sent at least one
anonymous letter to King encouraging him to commit suicide.
The FBI and Kennedy's assassination
When
President John F. Kennedy was shot and killed, the jurisdiction fell to
the local police departments until President Lyndon B. Johnson directed
the FBI to take over the investigation. To ensure that there would
never be any more confusion over who would handle homicides at the
federal level, Congress passed a law that put investigations of deaths
of federal officials within FBI jurisdiction.
The FBI and organized crime
In
response to organized crime, on August 25, 1953, the Top Hoodlum
Program was created. It asked all field offices to gather information on
mobsters in their territories and to report it regularly to Washington
for a centralized collection of intelligence on racketeers.After the
Racketeer Influenced and Corrupt Organizations Act, or RICO Act, took
effect, the FBI began investigating the former Prohibition-organized
groups, which had become fronts for crime in major cities and even small
towns. All of the FBI work was done undercover and from within these
organizations using the provisions provided in the RICO Act and these
groups were dismantled. Although Hoover initially denied the
existence[citation needed] of a close-knit organized crime network in
the United States because he then had limited resources to deploy
against organized crime,[citation needed] the Bureau later conducted
operations against known organized crime syndicates and families,
including those headed by Sam Giancana and John Gotti. The RICO Act is
still used today for all organized crime and any individuals that might
fall under the Act.
J. Edgar Hoover, FBI Director from 1924 to 1972.
Notable post-Hoover reorganizations
Special FBI teams
In
1984, the FBI formed an elite unit to help with problems that might
arise at the 1984 Summer Olympics, particularly terrorism and
major-crime. The formation of the team arose from the 1972 Summer
Olympics at Munich, Germany when terrorists murdered Israeli Athletes.
The team was named Hostage Rescue Team (HRT) and acts as the FBI lead
for a national SWAT team in related procedures and all counter terrorism
cases. Also formed in 1984 was the Computer Analysis and Response Team
(CART).The end of the 1980s and the early part of the 1990s saw the
reassignment of over 300 agents from foreign counter intelligence duties
to violent crime and the designation of violent crime as the sixth
national priority. But with reduced cuts to other well-established
departments, and because terrorism was not longer considered a threat
after the end of the Cold War, the FBI became a tool of local police
forces for tracking fugitives who had crossed state lines, which was a
felony. The FBI Laboratory also helped develop DNA testing, continuing
the pioneering role in identification that began with its fingerprinting
system in 1924.
Notable efforts in the 1990s
Between
1993 and 1996, the FBI increased its counter-terrorism role in the wake
of the first 1993 World Trade Center bombing in New York, New York and
the Oklahoma City bombing in 1995, and the arrest of the Unabomber in
1996. Technological innovation and the skills of FBI Laboratory analysts
helped ensure that all three of these cases were successfully
prosecuted, but the FBI was also confronted by a public outcry in this
period, which still haunts it today.After Congress passed the
Communications Assistance for Law Enforcement Act (CALEA, 1994), the
Health Insurance Portability and Accountability Act (HIPAA, 1996), and
the Economic Espionage Act (EEA, 1996), the FBI followed suit and
underwent a technological upgrade in 1998, just as it did with its CART
team in 1991. Computer Investigations and Infrastructure Threat
Assessment Center (CITAC) and the National Infrastructure Protection
Center (NIPC) were created to deal with the increase in Internet-related
problems, such as computer viruses, worms, and other malicious programs
that might unleash havoc in the US. With these developments, the FBI
increased its electronic surveillance in public safety and national
security investigations, adapting to how telecommunications advancements
changed the nature of such problems.
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