The judge rejected the government's contention that Connolly was a rogue agent, who had pocketed $200,000 in payoffs from Bulger and Flemmi over two decades and wasn't acting in the scope of his duty as an FBI agent when he leaked information that led to McIntyre's murder.The FBI was dirty, Connolly had a reasonable expectaion they would overlook his "bonuses", if he followed the mission.
Lindsay found that Connolly's superiors ``up the chain of command" approved using Bulger and Flemmi as informants, even when they were suspects in several investigations by the FBI and other agencies.
``For decades preceding the McIntyre murder, agents of the FBI protected Bulger and Flemmi as informants by shielding them from prosecution for crimes they had committed," Lindsay wrote.
Connolly was motivated by greed, friendship with Bulger and Flemmi, and a desire to promote the FBI goal of taking down La Cosa Nostra by getting information from Bulger and Flemmi about local Mafia leaders, Lindsay found.
Well, that goes to show that its a very fact-specific type of analysis as to what "rule" applies.
It appears that the Judge concluded that the "master" knew what the "agent" was doing and that the master approved 'enough' of it that the bribery part was foreseeable.