United States Fourth Circuit

Dismissal of action against the US alleging that an undercover federal agent improperly participated in a fraudulent investment scheme is affirmed because the conduct alleged falls within the scope of the discretionary authority conferred on the FBI by the Attorney General's Guidelines on FBI Undercover Operations.

Appellate Information

• Argued 02/02/2006
• Decided 03/28/2006
• Published 03/28/2006

Judges

• Before WILKINS, Chief Judge, and NIEMEYER and WILLIAMS, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Emerson R. Marks, Jr., Charlottesville, Virginia, for Appellants.  Joshua Paul Waldman, United States Department of Justice, Civil Division, Appellate Section, Washington, D.C., for Appellee.   ON BRIEF:  Peter D. Keisler, Assistant Attorney General, Gretchen C.F. Shappert, United States Attorney, Mark B. Stern, United States Department of Justice, Civil Division, Appellate Section, Washington, D.C., for Appellee.