FBI Law Enforcement Bulletin - Mar01leb

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March 2001Volume 70Number 3

United StatesDepartment of Justice

Federal Bureau of InvestigationWashington, DC

Louis J. FreehDirector

Contributors' opinions and statementsshould not be considered

endorsement by the FBI for any policy,program, or service.

The Attorney General has determinedthat the publication of this periodical is

necessary in the transaction of thepublic business required by law. Useof funds for printing this periodical hasbeen approved by the Director of theOffice of Management and Budget.

The FBI Law Enforcement Bulletin(ISSN-0014-5688) is published

monthly by the Federal Bureau ofInvestigation, 935 PennsylvaniaAvenue, N.W., Washington, D.C.

20535-0001.at Washington, D.C., and additionalmailing offices.address changes to Editor, FBI LawEnforcement Bulletin, FBI Academy,

Madison Building, Room 209,Quantico, VA 22135.

Editor

John E. Ott

Associate Editors

Glen Bartolomei

Cynthia L. Lewis

Bunny S. Morris

Art Director

Brian K. Parnell

Assistant Art Director

Denise Bennett Smith

Staff Assistant

Linda W. Szumilo

This publication is produced bymembers of the Law Enforcement

Communication Unit,William T. Guyton, Chief.

Internet Address

[email protected]

Cover Photo

Mark Ide

Send article submissions to Editor,

FBI Law Enforcement Bulletin, FBIAcademy, Madison Building, Room

209, Quantico, VA

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Periodicals postage paid

SendPostmaster:

22135.

Safe Streets Task ForceBy David M. Allender

Media Trends and the Public

Information OfficerBy Dennis Staszak

Interviewing Self-

confident Con ArtistsBy Scott O'Neal

The Psychological

Influence of the Police Uniform

1

10

16

27

Features

Employing the Safe Streets Task Forceconcept can help law enforcementagencies reduce crime in theircommunities.

Law enforcement should develop aliaison with the news media to create a

sound public relations program.

With the proper preparation andstrategic approach, investigators cantake advantage of the character traits ofcon artists.

Law enforcement administratorsseriously should consider their uniform

By Richard R. Johnsonpolicies.

Departments

7 Focus on Surveillance 15 Book ReviewSurveillance Optics Grave Words: Notifying

Survivors About Sudden,14 Bulletin Reports Unexpected Deaths

Video Surveillance SelectionCrime Scene Investigation 22 Case StudyGunshot Detection Systems Asian-on-Asian Kidnapping

ISSN 0014-5688 USPS 383-310


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Safe Streets Task ForceCooperation Gets ResultsBy DAVID M. ALLENDER

Working toge ther comprised of state and local law active part in the case included theworks represents a enforcement off ice rs and FBI FBI Indianapolis office and thefavorite adage of an agents, operates in many cities Metro Gang Task Force (MGTF),

Indianapolis, Indiana, community throughout the United States.3 comprised of Indianapolis Policeleader1 in the citys federally The investigation into a violent Department (IPD) officers.funded Weed and Seed2 effort. In criminal street gang known as thethe spirit of the statement, many New Breed illustrates how the co- Gang History and Rules

agencies with a wide spectrum of operative efforts of the Safe Streets The New Breed gang startedresponsibilities have cooperated to Task Force concept can get results. within the confines of the Illinoissuccessfully renovate several inner- Operating in such cities as India- prison system. To illustrate con-city neighborhoods. One partner- napolis, Chicago, Atlanta, Louis- tempt for the existing gang subcul

ship strengthened by interacting as ville, and Cincinnati, the gang was ture, the founder of New Breed re-members of Weed and Seed is the involved in a wide range of criminal portedly encouraged members toSafe Streets Task Force. Formed by activity.4 Task force officers in In- violate many conventions of thethe FBI in 1992 to combat gangs dianapolis opened their case in mid- gang world. Leaders indoctrinatedand violence, the in it iat ive, 1997. Safe Streets units taking an gang members in the belief that the

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...many agencies witha wide spectrum ofresponsibilities have

cooperated tosuccessfully renovate

several inner-cityneighborhoods.

Lieutenant Allender serves with theIndianapolis, Indiana, Police Department.

income derived from criminal activity constituted the main purpose forthe organization. The largest sourceof profit for the gang came from theillegal distribution of narcotics,most notably heroin.

To promote fidelity to the gang,as well as establish a foundation fororder and control, leaders borrowedfrom the rules and guidelines established by the Black Gangster Nation(BGN) gang. Task force officers re-

covered copies of the gangs rulesand history or bible from thetrunk of the local leaders vehicle.The document instructed adherentsto commit to the three Ls of Love,Life, and Loyalty. A code of con-duct set out a number of rules to live

by, such as restricting gang members from incurring financial debtsthey could not repay in a timelymanner. The history identified theDon as the ultimate authority figure in all matters, traced the basisfor his power back to the time ofHannibal, and identified Hannibalsfirst born son, by a Sicilianwoman as the original leader of the

order. The story then rambled, butleft the reader with the impressionthat the gang had functioned in anunbroken line for over 1,000 years.The closing gave gang membersstrong suggestions on how to livesuccessful and productive lives.

The gang document had a moreominous side, however, when it entered the realm of discipline. Allmembers of the organization had tosign an 11-point oath of allegiance

to the New Breed. For example, onerule stated, We dont lie, steal orcheat among us. Our word is our

bond. We die for that....5 Punishment for any transgression wasunforgivable, penalty is FINAL.Task force officers discovered during the investigation what the FI

NAL judgment entailed and howstrongly individual New Breedmembers believed in their code.

The paperwork gave investigators valuable insight into the mind-set of the New Breed. They had

pondered why a group of African-American gang leaders preferrednicknames, such as Velle, Vino,

Frank Nitti, Gotti, and Capone. Detectives discovered the answerwhen they read that the gang tracedits lineage back to Sicily. In addi

tion, the writings spelled out therank and authority of the Don. Thistidbit of information, when added toother facts, enabled detectives todetermine that Vino was in chargeof the local operation and enjoyedconsiderable power and authority.Also, the law section of the gangsdocument revealed the motive forsome of the violence investigatorsencountered. All in all, thedocument helped provide a focus

for how to attack the organization.Preliminary Steps

In order to establish an identityin Indianapolis, New Breed gangmembers engaged in activities thatwould lead to a citation for a trafficinfraction or a custodial misdemeanor arrest. When taken into custody, the suspects presented an Indiana drivers license as identification.When officers checked the authenticity of the license, they would dis

cover that the information suppliedwas accurate and the license valid.Task force detectives subsequentlydetermined that the name listed onthe license presented by a NewBreed member often would be analias. The detectives found thatsome Indiana Bureau of Motor Vehicles (BMV) personnel were issuing fraudulent driving licenses. Thedetectives worked with the ChicagoPolice Department (CPD) and theFBI's Chicago office to establish thereal identity of several gang mem

bers. CPD examiners compared fingerprints of persons arrested in Indianapolis with prints they had on

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file. Detectives from Chicago assisted by viewing photographs and

providing print examiners withnames of possible suspects to

shorten the process. Because of thiseffort, officers discovered that anumber of persons had arrest war-rants, including one for murder, onfile in Chicago and apprehendedthese individuals. Officers alsoalerted BMV to the problem. BMVused internal audit and controlmethods to halt the issuance of the

bogus licenses and terminatedthose employees involved.

Next, information surfaced

linking the gang to the illegal cloning of cellular telephones. Cloningserves a dual purpose for criminals.They can avoid the monthly charge,and law enforcement cannot obtainan account history or accuratelytrace an account holder. Tracing theaccount holder represents a necessary step prior to conducting electronic surveillance. A uniformed officer from IPDs North Districtmade a traffic stop and a custodialarrest for a traffic offense, which

led to police interdiction of thecloning operation. The officer contacted the task force detectives withinformation uncovered during thetraffic case. The detectives obtaineda search warrant based on theofficers information and their owninterview with the traffic offender.The detectives received technicalassistance from cellular telephonerepresentatives while preparing andexecuting the search warrant. Theylocated and recovered cellular

phones and equipment valued atapproximately $100,000. The removal of this illegal source of communication proved invaluable laterin the investigation.

To develop the drug dealingcase against the gang, task force detectives worked with IndianapolisFBI agents. Cooperating individu

als provided information and madecontrolled purchases of heroin atthe direction of police. Together,investigators gathered enough intelligence to introduce an undercoverofficer to New Breed members forthe purpose of purchasing heroin.Task force plainclothes units provided backup for the undercoverofficer, engaged in a limited num

ber of proactive stops, assisted oneanother with surveillance on gang

members, and gathered intelligenceon narcotics trafficking locations. Acooperating individual supplied the

As the case evolved,task force officersemployed several

surveillancetechniques....

task force with a cellular telephonenumber used by gang members toarrange transactions involving thewholesale purchases and later thestreet-level sale of heroin. As a result of the earlier seizure of cloningequipment, the gang had to legallyobtain the phone, which had anidentifiable account holder. Electronic communications becameincreasingly important to NewBreed as the gang attempted toshield their operation from pressure

applied by IPD uniformed officersto trafficking locations.

Efforts Intensify

As the case evolved, task forceofficers employed several surveil-lance techniques, especially a federal communications wiretap orderon the main cellular telephone used

by the New Breed. Prior to applyingfor the wiretap authorization order,detectives checked with the tele

phone service provider to determinethe amount of traffic on the gangscellular telephone account. In 4months, the account registered over35,000 calls. The tap lasted 75 daysand required constant monitoring ofthe telephone and the conversations. MGTF members, FBI agentsfrom several field offices, Indianapolis West District Neighbor-hood Resource Officers, and theIPDs narcotics unit combined tocover the wiretap. The majority ofoffi- cers who assisted in monitoring the wiretap continued to workon unrelated matters while the electronic surveillance was in place.

Undercover controlled transactionscontinued while the wiretap was inoperation. The intense efforts lasted5 months, including the 75 days ofelectronic surveillance.

In planning for the wiretap, taskforce administrators realized thatthe operation not only would provelabor intensive, but require carefuladherence to legal issues as well.Before the electronic surveillancecould start, all officers scheduled tomonitor the phone received specialized training on how to properlycapture conversations. Federalguidelines respect some conversations, even among criminals, as private. For this reason, the officers

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had to listen carefully to what thesuspects said. If it became readilyapparent that the subject matter fellwithin one of the protected catego

ries, the officers had to stop the re-cording and cease monitoring. Thelaw, however, allows for periodicchecks to determine when the private conversation ends and the sus

pects return to illegal activity.

Gang Violence

During the course of the NewBreed investigation, the real dangerto society from this type of gang

became evident in the number andtype of criminal acts it committed inaddition to drug dealing. Oneevening, while monitoring conversations on the wiretap, officersoverheard the leader of the Indianapolis faction, Vino, complain of

being robbed. Talk indicated that anarmed robbery involving stolencash had occurred earlier that day.Vino suspected a gang memberknown as Sonny and ordered several other New Breed gang mem

bers to locate this individual. Con

versations throughout the eveningindicated that members searcheddiligently for the suspect. Officersdid not know Sonnys identity, butthey understood that the punishment for gang members who broke

New Breed rules often allegedlywas death. Although task force detectives used all of the meansavailable to them, they failed toidentify or locate the threatenedgang member. Late in the evening, amonitored call informed Vino thatgang members had found the sus

pect. The caller did not give a location. Subsequent conversations indicated that members had recovered

money belonging to the gang, re-solved the matter, and would disci

pline Sonny. Frustrated task forceofficers could only wait and wonder

what and who would be involved inthe gang discipline.

On the next evening, Indianapolis East District uniformed officers received a radio call to investigate a suspicious vehicle on thenortheast side of the city. The officers found a male murder victim in-side the car. The man had been deadfor several hours and was identifiedas a gang member. As the investigation progressed, task force officers

determined that this victim wasSonny.Investigators also obtained in-

formation allegedly identifyingthree additional New Breed mem

bers for involvement in another homicide that occurred on the Indiana

Cooperative effortsled to solving other cases as

investigators met andshared information.

University-Purdue University at Indianapolis campus. The detectivesworking the New Breed case believed the death was related to theirinvestigation after learning thatthey had encountered one of the twoshooting victims earlier whileinvestigating the cellular telephonecloning. Working as a team,

investigators from the FBI, the Indiana University Police Department,IPD Homicide, and MGTF piecedtogether the shooting scenario. Re

portedly, New Breed members hadagreed to purchase crack cocainefrom a nongang member. An argument broke out during the transaction and an exchange of gunfire en-sued. One man died, and thesurviving victim sustained a .45-caliber gunshot wound to the face.The killers fled, believing both victims to be dead.

Unfortunately, these murdersrepresent much of the violence

problem in Indianapolis. A localcrime analyst summed up the cityssituation by stating, The largestcategory of homicides in Indianapolis involve groups of chronic of-fenders with ties to the drug trade.These groups include formal gangslike the New Breed, as well as lessorganized neighborhood crews. Thecommon link seems to be drugdistribution.6

Other Successes

Cooperative efforts led to solving other cases as investigators metand shared information. Officersseized a stolen car from one NewBreed member. Arson units solveda suspicious vehicle fire after taskforce detectives supplied them withinformation that a New Breed mem

ber, having a domestic dispute withhis girlfriend, intentionally set thevehicle on fire, which also resultedin the destruction of an innocentneighbors vehicle. Task force officers arrested numerous individuals on outstanding warrants as theyroutinely checked known gangmembers and their associates for



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new charges filed by other officersneither involved in nor knowledge-able about the gang investigation.Task force detectives estimated

that in excess of 45 tangentialarrests resulted from the maininvestigation.

Challenges

Situations arose throughout thecase that proved challenging for theinvestigators. For example, officerslearned that incarcerated NewBreed members were holding meetings among themselves inside thecounty jail. When questioned, several of those who had cooperatedwith police confirmed this information. The underlying theme of themeetings dealt with the need tomaintain a united front against lawenforcement. Those not inclined tofollow this dictate were threatenedwith serious bodily harm or death.Investigators faced the possibilitythat investigative leads would disappear and lengthy trials ensue. Theofficers suspected corruptionwithin the jail system and quickly

scheduled a meeting with jailadministrators.

Working together, detectivesand jail personnel found and corrected the problem. Following normal procedures, jail personnel dis

persed gang members throughoutthe jail population. However, ahigh-ranking New Breed lieutenantwished to maintain control over themembers. He studied the jail systemand found a flaw. In order tosee medical personnel on anonemergency basis, an inmatefilled out a request form and turnedit in to the appropriate authoritywho forwarded it to a central unit.

Employees at this central locationthen scheduled groups of inmates tosee the doctor. They assigned in-mates to a group based on when

they received the request forms atthe central unit. The gang's lieutenant learned that if he filled out re-quest forms for himself and the per-son he wished to see, thensubmitted them at the same time,the forms would arrive at the medical unit together. No corruption wasinvolved, just an ingenious inmate.To avoid future problems, inmatesno longer fill out medical requestsfor others. As an additional precaution, jail personnel moved NewBreed members throughout the correctional system, placing some inother counties.

Conclusion

The investigation of the NewBreed gang in Indianapolis,Indiana, was successful. Officers

working together made numerousfelony arrests for a wide range ofoffenses. However, this success resulted from many long hours logged

by all of the officers involved. Thewiretap exercise alone required ap

proximately 3,600 hours worked byofficers engaged in monitoring thetraffic. This total does not take intoaccount the time spent by officersreviewing and transcribing thetapes. Surveillance, controlled narcotic buys, preparation and execution of search warrants, and thecompletion of the paperwork required by the case took many thou-sands of additional hours.

Moreover, the amount of success achieved in this operationwas in direct proportion to theamount of cooperation between thevarious agencies. The Safe StreetsTask Force concept made this cooperation possible. The lead investigators had an existing working

PhotoDisc

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relationship due to past interactionon the task force. Resources andexpertise available to the FBI enabled an in-depth investigation of

the targets. FBI electronic surveil-lance equipment enhanced the ability of investigators to penetrate theinner workings of this criminalenterprise. Local officers sharedtheir knowledge of suspectsidentities, habits, and methods ofoperation that proved invaluable todetectives. Combined staffing re-sources enabled the task force todevote personnel to the investigation without causing any agency to

neglect other duties. In all, skillfulblending of resources enabled lawenforcement to remove a large num

ber of violent criminal street gang

members from the Indianapolisarea.

Endnotes1 Olgen Williams directs a local community

center and has spearheaded Weed and Seedefforts in Indianapolis since their inception.

2 Since 1991, Operation Weed and Seed hasattempted to control violent crime, drugtrafficking, and drug-related crime and toprovide a safe environment for residents to live,work, and raise their families. The program

strategically links concentrated and enhancedlaw enforcement efforts (weeding) with healthand human services (seeding) to prevent anddeter further crime.

3 For additional information on Safe Streets,

see Douglas Shur, Safe Streets: CombiningResources to Address Violent Crime,FBI LawEnforcement Bulletin, April 1995, 1-8.

4 Investigation indicates that the gang mayhave operated in as many as 12 cities in 8states.

5 This text was printed in italics in originaldocument.

6 Ed McGarrell is a faculty member atIndiana University and directs the Crime Centerat the Hudson Institute.


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March 2001 / 7

he binocular stands as perhaps the singlemost valuable piece of equipment in the

Focus on Surveillance

Surveillance OpticsBy Carlyle Poindexter

Tprofessional surveillants arsenal. However, somemisunderstanding seems to exist among even seasoned investigators as to what constitutes an effectiveoptical device. Given the myriad of manufacturers

boasting the benefits of their new and miraculousspace-age designs, this proves unsurprising.

Careful review of a binocular advertisement,however, usually reveals an emphasis on one particular capability of the binocular. Unfortunately, that onefeature often decreases the effectiveness of otherimportant ones. For example, one manufacturerclaims to produce a binocular with an amazingmagnification of 30 times. What is notadvertised isthat the same unit will suffer an inherent loss of light-gathering capability and destabilization of the image,

perhaps serious enough to prohibit handheld use.1 Toavoid this type of disappointment and to choose thecorrect optical equipment, criminal justice agencies

should examine the basic features of binoculars andsome fundamental purchasing considerations.

FEATURES

All prism-based binoculars are similar. Each hasfour basic features that agencies must consider whenchoosing a system. These include magnification,light-gathering ability, field of view, and practicality.

Magnification

Magnification refers to the binoculars ability tomagnify the image the viewer focuses on. Expressedas a power, magnification signifies how muchcloser the image will appear to the viewer, as opposedto observation with the naked eye. For example,

viewers using binoculars with 10x (10 power) magnification will see images at one tenth of the truedistance from them, or 10 times closer. The firstnumber that appears on the binocular housing represents the power. Therefore, a binocular labeled 10x50


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possesses a 10 power magnification. Bearing thismagnification principle in mind, it becomes obviousthat a higher power binocular allows surveillants to

position themselves at a greater distance from the

subjects of their investigations. While beneficial todiscreet surveillance, this increased capability causesunavoidable decreases in the performance of otherfeatures of binoculars.

Greater magnification results in a loss of light-gathering ability, a decreased field of view, and adecline in image stability. To increase the size of theviewed image, additional optics become necessary.In turn, those optics cause a significant loss of the

binoculars ability to trap and retain light. Simplyput, more glass eats up more light. The field ofview (i.e., the width of the area that the viewer

can see) decreases, requiring moreeffort to center the image. Inaddition, the image becomesunstable, making it increasinglydifficult to focus on fine details,such as motor vehicle registrationsand facial characteristics.

Light-gathering Ability

This feature signifies thebinoculars ability to gather andefficiently use ambient light (i.e.,available environmental light

without benefit of light-enhancingdevices, such as infra red). Thesize of the objective lens (the glassoptic on the far end of the binocular) determines the amount of light that the binocularcan collect. Lens size, expressed in millimeters,represents the second number found on the binocular

body. For example, a binocular labeled 10x50 has a50 millimeter objective lens. The objective lensmeasurement chosen will depend largely on thesurveillants needs for day or nighttime use. A lensfor daylight use requires no more than four times themagnification of the binocular. Any greater lens sizemay collect an unnecessary level of light. Because thehuman eye can use only so much light, an excess cancause eye strain over a prolonged surveillance. A

binocular with a larger objective lens also tends to

obtrude because of the housing required to contain theadditional optics. Larger lenses further increase thelikelihood of reflections, which may alert the subjectto the surveillants presence.

The opposite applies to a binocular used underlow-light conditions. The housing size and chances ofreflection become less important given the cloaking

properties of darkness. In addition to the largerobjective lens, some binoculars, used predominantlyfor low-light observations, have a special chemicalcoating that enhances efficiency by partially preventing collected light from escaping. A low-light level

binocular usually possesses a lower magnification aswell. Less light is necessary to magnify and transmitthe image to the eyepiece. Lower light allows surveillants to position themselves closer to subjects, hence

the logic behind a lower magnification power. In short, big lensesequal good light gathering, which,in turn, creates big binoculars.

Field of View

Field of view denotes thewidth of the focused image as itappears through the eyepiece.Field of view, typically expressedin feet, is based on what anindividual can view at 1,000 yards.A wider field of view tends to

facilitate quick image acquisition.When choosing binoculars,agencies should select the largestfield of view available without

moving to a special wide view unit. Althoughreadily available, wide-view binoculars have demonstrated some shortcomings when used in the field.Many lose image quality near the limits of the field ofview. Therefore, agencies should scrutinize the imagequality before purchasing wide-view units.

Practicality

This feature includes a binoculars durability,

size, and suitability for a variety of surveillanceneeds. Surveillants may subject binoculars to a broadrange of environmental conditions. Humidity, tem

perature fluctuations, and rough handling associated

...a compact,handheld binocularmay offer a strongmagnification, butprove ineffective inany light conditionother than broad

daylight.


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March 2001 / 9

with field use can affect the quality of the transmittedimage. Misalignment of the optics caused by jarringcan degrade a binoculars usefulness quickly. Fortunately, modern well-fabricated units are largely free

of the flaws caused by weather. Solid constructionand the addition of a rubberized cover on most

binoculars have increased their shock resistance anddurability, while variousnonreflective finishes have enhanced their discreetness.

Size is certainly a practicalfactor for surveillants, who canfind cumbersome binocularsuncomfortable to hold for long

periods of time. Fatigue fromsupporting several pounds of glass

makes it difficult to manually holda stable and focused image. Whenusing binoculars with largerobjective lenses, surveillants mayneed a window mount or tripod,making the unit even more difficultto move or effectively disguise.Obviously, an optic system of this size would notwork for a mobile, e.g., vehicle, bicycle, or foot,surveillance. On the other hand, a compact, handheld

binocular may offer a strong magnification, but proveineffective in any light condition other than broaddaylight. What, then, represents an acceptable

compromise?A binocular with a combination of features

suitable for a wide range of surveillance needsconstitutes the most effective choice for most criminal

justice agencies. Such a unit has between 8x and 12x,with an objective lens no smaller than 50 millimeters.This combination represents a middle ground,offering good magnification without any noticeablelight-gathering loss. Image stability appears more thanadequate in this range, and the field of view lies

between 250 and 350 feet at 1,000 yards.

PURCHASE ADVICE

Before an agency purchases binoculars, it shouldconsider three main issues. First, the agency shouldtry to choose a binocular with individual eyepiecefocusing capability. Most people have stronger vision

in one eye; therefore, the individual focus capabilitytakes into account this human vision variation. Out-of-focus viewing through a binocular leads to eye-strain and the inevitable accompanying headaches.

Second, an agency should choose binocularsmade by a reputable manufacturer and sold through areputable dealer. Respected manufacturers will

guarantee their products, whileknowledgeable dealers canexplain proper focusing and moretechnical issues, such as binocular alignment and how to recognize optical flaws. Last, anagency must test the binoculars

before purchasing them andremember the old adage that you

get what you pay for. Agenciesmust expect to pay a higher pricefor quality equipment. The

purchase of a well-made binocular will ensure comfortable, clearviewing and quick target acquisition. Small extras, such as

chemical lens coating and durable rubberized finish,can pay big dividends in the field.

CONCLUSION

Criminal justice professionals understand theimportance of quality equipment. Often, though, they

may overlook the binocular when considering equipment purchases. Agencies and individuals mustexamine their needs and budgets before deciding how

best to use their limited funds for equipment purchases. By looking at the magnification, light-gathering ability, field of view, and practicality of variousoptic systems, these purchasers can increase theirchances of obtaining quality units that fulfill theiroperational and budgetary requirements.

Endnote1 The author based this article on his knowledge gained as a private

investigator and by interviewing manufacturers and sellers of binocularequipment.

Mr. Poindexter heads a private investigation firm in Raleigh,North Carolina.


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Media Trends and the Public

Information OfficerBy DENNIS STASZAK Mark Ide

During the past 20 years, the These changes have contrib- translates into a sound public relanews media has struggled uted to a number of media trends tions programa crucial compoto meet a changing set of that affect the public information nent of effective law enforcement.

challenges and opportunities. To- officer (PIO) individually and the Law enforcement proactivity withday, conglomerates own many of law enforcement community orga- the media begins with an in-depththe media outlets that families once nizationally. Some trends have understanding of the current roleowned. Tremendous cutbacks in evolved progressively for many and function of the media andnews gathering have resulted in dra- years while others, such as empha- characteristics of the journalismmatic changes in the appeal of the sizing crime reporting during an ac- profession.

profession and how the media cur- tual reduction in violent crime starently views their public responsi- tistics, represent more recent trends. Newsroom Changes

bilities. More than ever before, the Progressive law enforcement Most media companies havemedia, as a profit-making center, agencies that have institutionalized experienced a monetary decreasehas a vigilant eye on ratings, sub- proactive media relations programs for newsroom operations, whichscriptions, and advertising dollars. under stand that t his endeavor translates into layoffs, budget cuts,



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smaller wage increases, and morehours of work. Within the pastfew years, media companies haveeliminated more than 3,100 news-

room jobs.1 Fewer human resources have resulted in less employeesto cover the news functions of liaising, investigating, preparing, andreporting.

Competition represents one ofthe main reasons for newsroomdownsizing. It has forced the mediato buy new equipment and redesignnewspapers to include new page de-sign, format, and color.2 Substantialimprovement expenses have focused on greater efficiency and

profits, resulting in cutbacks andstarting salaries of approximately$20,000 per year for a journalist.3

Besides financial issues, reporters experience frustration in otherareas as well. To make informationmore newsworthy, editors some-times exert their influence on thesize and angle of journalistic efforts. They emphasize packaging toget the maximum coverage by making an article or newscast more ap

pealing to a wider group of readersand viewers over a geographicalarea.4

Because of these issues, a lawenforcement agencys PIO probably will encounter a news reporterstruggling to become a subject-matter expert in many areas and contentto have landed one of the few jobsin the media.5 Recognizing that thereporter may not know the difference between subpoenas, indictments, or summonses, proactivePIOs should assist the reporter inlearning about and understandingthe law enforcement profession.Likewise, PIOs should use contactswith the media as an opportunity to

Law enforcementproactivity with the

media begins with an in-depth understanding of

the current role andfunction of the media....

Special Agent Staszak serves as a media relations instructor in theLaw Enforcement Communication Unit at the FBI Academy.

better understand the job of areporter. PIOs will have a muchgreater understanding of the difficulties reporters face when they at-tempt to reduce 20 pages of notesinto an article printed in a 6-inchnewspaper column. Ultimately, thisresults in a win-win situation be-cause PIOs, as well as reporters,learn about each others profession.

TV Ratings and NewspaperCirculation

Most television executives be-gin their day by viewing their pro-gram ratings from the night before.Similarly, newspaper administrators examine circulation statistics.These numbers reveal whetherviewership and newspaper saleshave increased or decreased.6 Obviously, with higher ratings and circulation, more profits come fromincreased advertising money. Be-cause of the fierce competitionamong the numerous media outletsfor readers, viewers, and listeners,the media tries to out scoop each

other for news. A progressive police department will make sure thatgood stories reach the media. To dothis, each department should bringnewsworthy issues to their PIOsattention.

Consistency and fairness withall media outlets marks a corner-stone of effective media relations;therefore, departments should make

the same information available toall reporters. In addition, agencieswho trust PIOs with informationconcerning research on an upcoming story or program should respectthe wishes of confidentiality ex-tended by reporters. Reporters willremember a betrayal of their enter

prising efforts during the competition for news.

The overwhelming search fornews should warn law enforcementthat the media will get their storyone way or another. Cooperatingwith the media remains the mostreasonable avenue for PIOs to taketo advise the public of thedepartments position. Ultimately,

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the reporter and the reader or viewer probably will understand theagencys viewpoint.

Media MergersMedia mergers represent the

newest and most far-reaching trendin the media and entertainment industry. Cable and long-distancetelephone companies have joined toform large conglomerates.7 Thesemergers result from relaxed regulations concerning ownership.8 TheFederal Communications Commission repealed its regulations concerning financial and syndicationinterests, which gave networks, investors, and major corporations the

power to own and syndicate programming, and has resulted in theirability to own and control more oftheir product.9

The wave of media mergerssweeping the country will continue,

pushed forward with the help of relaxed federal regulations. Largecompanies will continue to acquireand sell newspapers. The era of thelocal paper will end as giant corpo

rations of the publishing businessacquire them.

As a result, law enforcementshould remember that with mediamergers and buyouts, liaison thatonce existed with the media maychange quickly. Bonds of trust can

break when a new owner begins cutting operating costs and releaseshigher-paid employees and then re-

places them with others for half thesalary. The owners determinationto make a profit and a name for thenew company, as well as thereporters desire to move on to alarger media outlet, can ruin theformer liaison with law enforcement agencies.

When establishing a relation-ship with a media representative, PIOs should determine the

background and ethical standards of

the reporter. Good reporters will nothesitate to explain to PIOs whatconsiderations and factors they usein creating a story or writing an article. Second, representatives of themedia should be willing to providePIOs with their supervisors oreditors name and phone number. Ifthe media representative fails to dothis, a caution flag should raise inthe PIOs mind.

A progressivepolice departmentwill make sure thatgood stories reach

the media.

Complete News Coverage

The recipe for constructingacomplete news story requires that itcontain the who, what, when,where, why, and how of the issue.Reporters may find that the acquisition of requisite information satisfying the why and how questions

proves very difficult to obtain. Lawenforcement usually does not pro-vide this information immediately.As journalists attempt to report onthe why and how of a crime, they

begin to speculate on motives forthe crime and actions of the po-lice.10 The possibility of speculation

becomes even more acute when

considering reporters deadlines,hectic schedules, extent of subject-matter knowledge, and the competition they face. A misleading and

oversimplified story in the newsmay result.

Realizing the importance of answers to the why and how questionsto the reporter, PIOs must provideinformation that will result in anaccurate piece of investigative re-

porting. The PIOs should anticipatethe why and how questions and pro-vide as much information as law,regulations, policy, and commonsense dictate.

Crime Reporting

For several years, the media hasheralded the fact that serious crimehas decreased in the United States.Oddly, increased media coverage ofincidents of crime have occurred.Several reasons exist for this trend.First, for years, the media has given

priority to this type of news, and oldhabits remain hard to break.11 Second, consumers of electronic and

printed media still follow crime

coverage. Polls show that this information still holds peoples inter-est.12 Third, crime coverage is easy,loaded with good visuals and sound

bites, and relatively inexpensive tocover.13 A news station simply hasto listen to a police scanner, sendout a reporter, get pictures andsound bites, and broadcast it. Thefact that many viewers and readerssay that crime news is important tothe community remains another reason for covering criminal matters.They want to know crime patternsand how to find a solution for them

before they get larger.14

In view of the medias reluctance to decrease the reporting of



14/35

March 2001 / 13

criminal matters, law enforcementmust continue furnishing details ofcriminal activity, but it also mustestablish a strategy for soliciting

community and media interest innontraditional issues, such as pro-active programs for a safer community. To garner media interest, lawenforcement must become better at

packaging their messages and making them more attractive.15

Conclusion

These trends represent only aportion of the changes taking placein the media. Although the mediahas undergone some radicalchanges in the past 20 years, it stillremains one of the most powerfulforces in U.S. society. As a result ofthat power, some law enforcement

personnel may dislike, fear, or mistrust the media. Law enforcement

professionals can influence the media process; therefore, they shouldcreate a liaison with the media toensure accurate reporting. If PIOsunderstand how ethical reportersand journalists think and realize

what factors influence their profession, they can deal successfullywith the news media.

Endnotes1 Richard Harwood, When Downsizing

Hits the Newsroom, Washington Post, April 2,1996, sec. A, p. 13. See also Clarence Jones,Winning With the News Media (Tampa, FL:Video Consultants, Inc. 1999), 1-8.

2 Jon Katz, Old Media, New Media and aMiddle Way,New York Times, January 19,1997, sec. 2, p. 1.

3 Richard Harwood, Lost Muscle of the

Newspaper Guild, Washington Post,December 15, 1995, sec. A, p. 25.

4 Howard Kurtz, The Bad News Starts atWork in Nations Newsrooms, WashingtonPost, October 30, 1995, sec. A, p. 1.

5 Matthew Robinson, The Big Media MakeBig Errors,Investors Business Daily, July 28,1998, sec. A, p. 1. See also Sydney H.Schanberg, The News No One Dares ToCover, Washington Post, August 29, 1999,

sec. B, p. 1.6 Robert Samuelson, Network Fadeout,

Washington Post, January 13, 1999, sec. A, p.1. See also Howard Kurtz, On Web, Newspapers Never Sleep, Washington Post, September 7, 1999, sec. E, p. 1.

7 Lorraine Woellert, Deal MakesNews Corp. No. 1 in Stations Owned,Washington Times, July 18, 1996, sec. B,p. 7. See also Stephen Labaton, ManyMedia Voices of a Few Merged Masters,New York Times, September 12, 1999, sec. 3,p. 1.

8 Paul Farhi, Their Receptions Great,Washington Post, February 16, 1997, sec. H,p. 1.

9 Paul Farhi, Too Close for Comfort,Washington Post, January 7, 1996, sec. H, p. 1.See also Paul Farhi, Clap If You Love Mega-TV! Washington Post, September 12, 1999,sec. B, p. 1.

10 Richard Harwood, The How and Why ofIt All, Washington Post, August 14, 1997, sec.A, p. 21. See also Philip Meyer, Confrontation

Part of Reporters Job, But It Cuts Both Ways,USA Today, November 1, 1999, sec. A, p. 29.

11 Richard Moran, More Police, LessCrime, Right?New York Times, February 27,1995, sec. A, p. 15. See also Fox Butterfield,

Serious Crime Decreased for Fifth Year in aRow,New York Times, January 5, 1997, sec.A, p. 10.

12 Howard Kurtz, The Crime Spree onNetwork News, Washington Post, August 12,1997, sec. D, p. 1. See also Philip S. Cook,Douglas Gomery, Lawrence W. Lichty, TheFuture of News, (Washington, DC: TheWoodrow Wilson Center Press, 1992), 14-15.

13 Associated Press, TV News Puts Focuson Crime, Study Says, Washington Times,May 12, 1997, sec. A, p. 7. See also the NewYork Times News Service, Broadcast of MansDeath Rekindles a Debate in Los Angeles,New York Times, November 28, 1999, sec. A, p.16.

14 Fox Butterfield, Crime-Fightings AboutFace,New York Times, January 19, 1997, sec.4, p. 1.

15 Michael Winerip, Looking for an ElevenOClock Fix,New York Times Magazine,January 11, 1998, sec. 6, pp. 31-63. See alsoBridget Samburg, Deep Into Crime,BrillsContent, January 2000, 88-91.

James Fallows,Breaking The News (New York, NY:

Vintage Books, 1996). Herbert J. Gans,Deciding Whats News (New York, NY:

Vintage Books, 1980).

Clarence Jones, Winning With the News Media (Tampa,FL: Video Consultants, Inc., 1996).

Howard Kurtz,Media Circus (New York, NY: TimesBooks,1993).

Martin Mayer,Making News (Boston, MA: HarvardBusiness School Press, 1993).

James W. Robinson, Winning Them Over(Rocklin, CA:Prima Publishing and Communications, 1987).

Larry J. Sabato,Feeding Frenzy (New York, NY:The Free Press, 1993).

Suggested Reading


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Video Surveillance Selection

The National Institute of Justice presents the Video SurveillanceEquipment Selection and Application Guide by David J. Atkinson,Val J. Pietrasiewicz, and Keith E. Junker. The 80-page guide helpslaw enforcement and corrections personnel select and apply videosurveillance systems to theirneeds by analyzing an arrayof surveillance requirements.The guide sets forth videostechnical parameters and howthey relate to law enforcementneeds. It also discusses costsand potential benefits andlimitations of video surveil-

lance. For copies of the report(NCJ 179545), contact the

National Criminal JusticeReference Service at 800-851-3420 or access its Web site athttp://www.ncjrs.org.

Bulletin Reports

Gunshot Detection Systems

Random gunfire represents a significant problem in many large cities throughout the United States.Lorraine Green Mazerolle, Cory Watkins, Dennis Rogan, and James Frank have prepared a research

brief for the National Institute of Justice on this problem and the use of gunshot detection technologyby local law enforcement.Random Gunfire Problems and Gunshot Detection Systems summarizes thefindings from field studies of two gunshot detection systems, which police installed in a Dallas, Texas,neighborhood with high levels of random gunfire. The brief also outlines officers perceptions of thedetection systems and their use of gunshot detection technology. For a copy of this research brief (NCJ

179274), contact the National Criminal Justice Reference Service at 800-851-3420 or access its Website at http://www.ncjrs.org.

Crime Scene Investigation

Crime Scene Investigation: A Guide for Law Enforcementbythe Technical Working Group on Crime Scene Investigation of the

National Institute of Justice addresses fundamental principles of

investigating a crime scene and preserving evidence that yieldreliable information. Law enforcement and other respondersresponsible for protecting crime scenes, preserving physicalevidence, and collecting and submitting the evidence for scientificexamination represent the targeted audience of this research report.It is not a comprehensive or rigid scheme of activities, but a guidefor law enforcement that recognizes the authority of federal andstate statutes, case law, and local policies and procedures. Thereport also contains a glossary and lists of references and contactorganizations. To obtain a copy of the report (NCJ 178280),contact the National Criminal Justice Reference Service at 800-851-3420 or access its Web site at http://www.ncjrs.org.


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Book Review

Grave Words: Notifying Survivors About relevant aspects for law enforcement departmentsSudden, Unexpected Deaths by Kenneth V. concerning death notification preparation, support

Iserson, M.D., Galen Press, Ltd., Tucson, teams for the department members and other

Arizona, 1999. surviving family members, command and specificGrave Words guides law enforcement manag- officer liaison efforts, financial and other benefits

ers in developing policy for sudden and unex- available for the surviving families, and the pected death notifications. It offers excellent chaplains involvement. All of this critical inforcommunication skills and checklists necessary for mation is then supported by a comprehensiveofficers to professionally deliver tragic news to example of a department line-of-duty death policysurviving loved ones and coworkers. that managers can modify easily to their agency,

This book addresses various personal and no matter what size. professional protocol interfaces, and the content Contained in section four is a compilation of acan be applied to all law enforcement agencies at survey response from survivors, including theirvarious levels. It provides invaluable information questions and answers. This section also includeson avoiding the common clichs that survivors how to prepare for the planning and interfacingcould interpret negatively, which could cause a with the media on disaster crashes and environviolent response toward the bearer of the death mental catastrophes, high-profile incidents, ornews. other major criminal events where death occurs.

The author presents a wealth of practical and Grave Words includes a total of 39 well-demonstrated information on all of the logical developed matrix tables that support the varioussteps in death notifications. In the first section of chapters. The quality and applicability of thethe book, the author chronicles what phrases books content is validated in its 2-page acknowl

professionals must know and how and when to edgments from many experienced death notificabest use them. This section explains how to avoid tion professionals.using words and comments that can mentally Grave Words is a must-have book for all lawdamage the survivors of the victims of homicides, enforcement or criminal justice officials taskedsuicides, accidental and unexpected deaths, as with death notification. It can help officers lessenwell as department personnel who die in the line the negative, stressful impact on themselves and

of duty. The author includes an 11-page checklist the receivers of such painful news by offeringthat law enforcement administrators can use to some simple, yet proven, procedures. Addition-develop protocol for delivering sudden and ally, it can help administrators establish policy andunexpected death notifications. procedures for death notifications; develop

In section two, the author focuses on lists of survivor assistant programs; serve as a referencecommon hostile responses by survivors to the or guide for chaplains; and offer support fornews of the victims death. This information department grant funding requests for such items

proves beneficial for notification personnel by as policy development and departmentwide preparing them to better cope with various training.emotional responses by the survivors. Thissection also provides a table on how to help Reviewed bysurvivors before, during, and after a funeral and Larry R. Moorememorial service. Certified Emergency Manager

Most compelling is the information in section International Associationthree that includes two specific chapters on the of Emergency Managerstasks that officials who deliver death notifications Knoxville, Tennesseemust face. A unique 7-page checklist covers the

March 2001 / 15


17/35

Interviewing

Self-confidentCon ArtistsBy SCOTT ONEAL, J.D.

PhotoDisc

Known as con artists, scamartists, swindlers, shysters,grifters, bunco artists, or

fraudsters, these criminals perpetrate a significant portion of thelarge-scale and sophisticated fraudschemes that victimize individuals,

banks, businesses, and governmentagencies. They are the figures be-hind most fraudulent investment

plans, advance fee loan schemes,

and many other white collar crimes,such as bank and insurance fraudand illegal telemarketing. Membersof this class of criminals differ frommost others who may commit

crimes out of desperation (economic stress, drug/alcohol abuse),or because of their environment(family violence, gang/peer influence), or who simply representgreedy opportunists. Con artistscommit crimes because it pays and

because swindling is easier andmore exciting than working for aliving.1 And, when confronted withtheir deceptions, these predators

feign bewilderment and frequentlyturn the tables on their victims. Unfortunately, scam artists too oftenconvince victims that they have notreceived harm or that any loss

suffered did not result from intentional misrepresentation. Also, toooften, their skillful deception dissuades criminal investigators, prosecutors, or both from pursuingthem.

Con artists tend to act irrationallytheir criminal behaviormore the result of flawed characterthan of adverse social conditions orgreed alone. Successful con artists

are charming, manipulative, andable to exploit the innate trust andgreed of many people. Their over-abundance of self-esteem is exaggerated by their lack of respect for



18/35

others. These individuals lack empathy for their victims and guilt fortheir parasitic lifestyle.2 Addition-ally, most challenging for law en

forcement, con artists can be intelligent, confident, and masterful liars.

The interview of con artists represents a significant challenge in theinvestigation of frauds committed

by this type of criminal. The conartist often sizes up an interviewerto determine their expertise in the

particular financial/business dealings involved in the fraud and thenattempts to explain the misunderstanding using jargon the con artist

perceives the interviewer will notunderstand, which presents aunique challenge for fraud investigators. Due to a general lack of regard for the abilities of others, thesesubjects do not fear interrogation bylaw enforcement, and their willingness to talk freely makes them over-confident, which provides anopportunity for a prepared investigator. An investigator in the role ofan interested interviewer, as op

posed to an authoritative interroga

tor, can take advantage of the character flaws of financial swindlers.With the proper preparation andstrategic approach on the part ofinvestigators, evidence producedfrom subject interviews of con artists can become the key to successful fraud prosecutions.

PLANNING THE INTERVIEWSTRATEGY

In fraud cases, as in all criminalinvestigations, the subject inter-view presents important opportunities. A properly obtained confession most often will bring theinvestigation and prosecution to a

Special Agent O'Neal serves in the FBIs

Albuquerque, New Mexico, office.

Law enforcementmust prove intent

circumstantiallyeyewitnesses to the

formulation of intentdo not exist.

swift conclusion. Even when a sub ject interview fails to yield a fullconfession, it affords law enforcement the opportunity to documentinformation to further build a caseso that the prosecutor can decidewhether, or how, to charge thesubject.

Approaching the subject inter-view with the focused goal of obtaining a confession may not prove

practical in cases targeting experienced con artists. According to oneexpert in the area of interviewingand interrogation, Suspects confess when the internal anxietycaused by their deception out-weighs their perception of thecrimes consequences.3 However,con artists who think nothing ofcheating people out of their life savings do not experience internalanxiety.4 When an assessment of thesubjects background and personality indicates a practiced con artistindisposed to confessing, a more

practical and often achievable goalis to elicit false exculpatories

and admissions of intentionalmisrepresentations.

A former federal prosecutor,who now advises white collarcriminal defense attorneys, identifies attempts by white collar crimesuspects to cover up their crimes asone of their biggest mistakes: adangerous pitfall occurs when theclient starts falsely denying culpa

bility about the specifics of his al

leged offense....5 Experiencedfraud investigators know thatmany financial scam operators willconsent, sometimes eagerly, to aninterview. Con artists with highself-confidence frequently do notseek the counsel of an attorney,confident that they possess sufficient wisdom and skill to deflectallegations of fraud. This confidence may come from past experience in fooling a variety of victimsand even criminal investigators and

prosecutors. In fact, record checksoften reveal references to the sub

ject in law enforcement indices. Investigators frequently discover past

March 2000 / 17


19/35

complaints that law enforcementtook no action against or investigations that failed to produce criminalcharges.

Oftentimes, prosecutors de-cline prosecution of fraud cases be-cause of insufficient proof of thesubjects intention to defraud. Lawenforcement must prove intent circumstantiallyeye witnesses to theformulation of intent do not exist.Evidence of past involvement infraud schemes and documentedfalse exculpatories related to the

pending investigation help demonstrate criminal intent. False

exculpatories can include statements contrary to established, legitimate, financial principles and

procedures when evidence of thesubjects training and experience

precludes the excuse of ignorance.For example, a subject involved in akickback scheme and experiencedin the distribution business claimsthat 90 percent represents a standard markup on a common productwhen, in fact, a markup of 30 to 45

percent is customary. Statements in

contradiction of documented representations made to victims also aresignificant false exculpatories. Establishing a pattern of falseexculpatories effectively can demonstrate intent. With adequate

preparation and patience by the investigator, the subject interview ofa con artist will provide such a

pattern.

PREPARING FOR THEINTERVIEW

Proficient con artists deceivevictims by sounding authoritative.They demonstrate a unique abilityto appear as prosperous experts and

to mix a degree of truth into theirsolicitations. With experience, conartists become familiar with thequestions their intended victims fre

quently ask and prepare to reducedoubts with ample and impressive-sounding facts and figures. There-fore, investigators must prepare adequately before confronting conartists. Fundamental preparation re-quires the following: a thorough de-

briefing of all victims; analysis ofall pertinent documents; familiarization with all aspects of thescheme (including the legitimate financial and business concepts that

the scheme is based on and the typical features of the specific fraudulent scheme); and a review of thesubjects background.

In fraud cases...thesubject interviewpresents importantopportunities.

Fraud investigators must document and review details of all writ-ten and verbal representations thesubject has made to victims. Writ-ten documents and audio recordings

provided by or made with the assistance of cooperating victims or elicited by undercover agents will pro-vide the best evidence. In thesubject interview, specific questions concerning details of representations made to intended victims

often yield false exculpatories. Ifinvestigators adequately documentthe original misrepresentations,they will obtain significant circum

stantial evidence of criminal intent.Fraud investigators routinely

obtain a subjects tax, brokerage,and business documents, as well as

bank account records from both thesubjects and victims accounts.Analysis of these documents willallow the investigator to follow themoney obtained by fraud from thevictim to the subjects personal benefit, known as the conversion. Forexample, in a recent advance fee

loan fraud scheme, one of the victims lost a $100,000 advance fee inan attempt to acquire a $5 millionloan. The victim mailed an advancefee, in the form of an endorsed government check payable to the victim, in response to the subjectsfalse representation of a requirement to purchase a bond to securethe loan. A paper trail, beginningwith the canceled check, snakedthrough two brokerage accounts,one business bank account, the

subjects personal bank account,and then on to businesses where thesubject purchased a new luxury car,a big-screen television, and furniture for his house. In the subjectinterview, among numerous falsestatements, the subject stated thathe had entrusted the victims$100,000 to a person he believedwould purchase a bond and originate the $5 million loan. The statement not only provided a false exculpatory, but it also revealed that,as a defense, the subject intended to

portray himself as a victim.In preparation for the subject

interview with a known con artist,



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investigators must become familiarwith all aspects of the scheme. Examples illustrating the importanceof sufficient preparation include the

widespread and highly profitableinternational fraud schemes that so-licit investments in prime bank instruments and standby letters ofcredit. Schemers attract victims byclaiming that these financial instruments are freely transferable andgenerate large returns when tradedin secondary markets. In reality,

prime bank instruments are com pletely fictitious, and genuinestandby letters of credit, which

banks around the world issue pursuant to strict policies, cannot be soldlegitimately on secondary markets.Before interviewing a subject whooperates such sophisticated fraudschemes, or any scheme involvingfinancial instruments, investigatorsmust thoroughly research and understand in detail the legitimate andfraudulent aspects of the particularscheme to become prepared to askthe subject pertinent questions andto accurately record the subjects

true and false statements in thecourse of an interview.

Law enforcement should re-search the subjects backgroundwhen preparing for an interview.When a preliminary investigationindicates an experienced scam artist, comprehensive research be-comes essential. Past involvementin fraudulent activity, and false denial of the same, certainly contributes to proving intent. Officersshould not limit backgroundsearches to internal law enforcement databasesevidence of pastinvolvement in financial fraudmay exist in numerous places.

Therefore, law enforcement agen- the criminal to contact a lawyer,cies should query consumer com- who usually will advise the subject

plaint centers, such as the National not to agree to an interview.6 How-Fraud Information Center, the U.S. ever, self-confident con artists usu-

Office of Consumer Affairs, the ally agree to meet without consult-Better Business Bureau, and state ing attorneys. These criminals oftenattorney generals offices. Search- readily agree because they want toing civil court records occasionally find out how much the investigatorleads to discovery of civil lawsuits knows about their schemes, andfiled by victims who did not report they feel confident that they canthe fraud to law enforcement. Be- sidetrack the investigation.cause con artists often make a career of fraudulent schemes and Initial Contact

sometimes leave a trail of bankrupt Law enforcement officers mayshell companies, law enforcement call subjects on the telephone to arshould make a search of federal range a meeting for the initial con-

bankruptcy files standard proce-tact or make an unannounced en

dure. Investigators also can find counter at an office or residence.evidence of a criminals shady past After the appropriate introduction,in local newspaper articles using investigators should advise subjects

public source databases. that they have received a complaintabout their financial dealings and

CONDUCTING THE would like to discuss the matter.7 InINTERVIEW most cases, con artists gladly agree

In many white collar crime and make themselves available forcases, a criminal investigators ini- extended periods. If a subject resiststial contact with a subject prompts cooperating, the investigator should

March 2001 / 19


21/35

explain assertively that a seriouscrime has been alleged. Investigators also should prepare to proceedwith an adversarial interview/inter-

rogation. If a subject readily agreesto an interview, the investigator willfind a tone of polite professionalinquiry more effective, as opposedto aggressive accusation. In such anatmosphere, subjects will displayvarying degrees of nervousness, butthe subjects degree of confidencegenerally will remain high. Their

belief that they maintain the upperhand will continue, and they willusually answer questions with little

hesitation.False Exculpatories

Throughout an interview with aself-confident con artist, patience isfundamental. To obtain the necessary facts and elicit falseexculpatories, the investigator mustallow the subject to describe the de-tails of the opportunity offered tovictims and the specific representations made to victims. Con artiststend to get off track and give dis

jointed, long-winded answers tostraightforward questions. The interviewer must listen carefully overa long period of time while subtlyguiding the subject back to pertinent matters.

If investigators do not revealtheir knowledge early in the inter-view, the subjects lack of awareness of the investigators detailedknowledge of the fraudulentscheme and the subjects representations and promises made to victims represent a key advantage. Investigators who pounce on falsestatements that subjects make maylose their advantage. For example,

when a question concerning a standard financial procedure elicits aresponse the investigator knows isfalse, investigators should appear to

accept the answer and ask for specific details. Instead of attemptingto set the hook, the investigatorshould feed more line to achievethe goal of eliciting numerous, de-tailed false exculpatories.

...investigators canelicit significant proofof criminal intent inthe form of false

exculpatories andadmissions.

In this stage of the interview,the investigator must focus on thoroughly documenting details of thesubjects description of the contactsand communications with victims.Because the investigator initiallyindicated an interest in particularfinancial transactions, not in thesubject as a criminal suspect, it may

be prudent to complete the inquiryinto the facts of the related fraudscheme before addressing back-ground matters. Beginning with

personal questions could cause sub

jects to raise their defenses. Aftercovering the facts, the investigatorshould inquire into the subjects

background, including education,financial and business experience in

general, and, specifically, experience in the area related to the fraudscheme.

AdmissionsAfter extracting the full story

from the subject, an investigatormay begin confronting the subjectwith discrepancies. A practical tactic is to start with minor issues thatthe subject may perceive as minimally damaging. For example:You stated earlier that you told Mr.Smith that he would receive a returnof 8 to 10 percent on the investmentyou offered. Correct? After thesubject confirms the representation,the investigator advises the subjectthat Mr. Smith produced a writtendocument that promised an averagereturn of 25 to 35 percent. Admitting to making an incorrect statement to the investigator and con-firming the promise made to thevictim should not seem too compromising to the subject. When thesubject has admitted the less seriousdiscrepancies, the investigator canattempt to elicit more incriminating

admissions. For example: Youstated earlier that you made it clearto Mr. Smith that there were risks tothe investment and that the return of

principal could not be guaranteed.Correct? After the subject con-firms the statement, the investigator

produces proof to the contraryatape recording of a call from thevictim to the subject or a writtendocument, prepared by the subject,in which the subject confirms guaranteed principal and interest. Anexample of an effective follow-upquestion would be, When you toldMr. Smith there was no risk to principal, you indeed intended to use his



22/35

money to purchase extremely high-risk future contracts. Correct? Inresponse, the subject will either admit to a significant intentional de

ception or come up with an evenmore incredulous lie.

Confessions

Confessions by con artists arerare, but not impossible to obtain. Ifthe interview yields significant ad-missions from the subject, the investigator should then attemptto elicit broad statements of

Yet, even when faced with anoverwhelming case against them,self-confident con artists still mayrefuse to admit to intentionally

harming the victims of a fraudscheme. Notwithstanding thesubjects defiance of reason, an interview that has produced a patternof false exculpatories will have considerably enhanced the prospectsfor prosecution.

character traits that make con artistsso successful to their advantage.

In fraud investigations, the requirement of proving that a subject

intended to defraud poses a significant challenge. By allowing over-confidence to compel subjects totalk freely and to continue their deception during an interview, investigators can elicit significant proofof criminal intent in the form offalse exculpatories and admissions.

Additionally, this approachcan increase the chances of

confession. For example:DigitalVision

obtaining a full confession.Mr. Thompson, you de- Developing proficiencysigned your entire investment among fraud investigators in

program to make money for conducting subject inter-your personal benefit by mak- views can increase theing representations you knew number of successful fraudwere false to people who re- prosecutions and, therefore,sponded to your advertise- reduce the number ofment, knowing that they scam artists for whom crimewould not send the money if pays.you told the truth about whatyou intended to do with it.

EndnotesCorrect? If the subject 1 Robert D. Hare, Withoutagrees, the investigator thoroughly should debrief the subject

for details of the admitted fraudscheme and knowledge of otherfraud schemes (experienced conartists usually can provide namesand schemes of other swindlers).However, a confession rarelycomes this easily, and the investigator will need to employ establishedinterrogation techniques.8 At this

point in the interview, the subjectshould feel less confident about out-witting the investigator. Though

possibly unable or unwilling to feelor express remorse, con artists will

put their personal interests first and,therefore, may comprehend the

benefit of prompt cooperation.

CONCLUSION

Self-confident con artists havea head for numbers and the socialskills to move easily in financialcircles ...[and their] potential for

profit is enormous.... 9 These criminals are charming, manipulative,and pose an unquestionable threatto society. The same skills and characteristics that deceive individuals,

banks, businesses, and governmentagencies create a special challengefor criminal investigators confronting these subjects. With adequateeffort in preparing for and planningthe confrontation, along with a methodical approach, persistence and

patience, investigators can turn the

Conscious: The Disturbing World of the

Psychopaths Among Us (New York, NY:

Pocket Books, 1993), 84.2 Ibid., 44.3 John Reid and Associates, The Reid

Technique of Interviewing and Interrogation

(Chicago, IL: Reid and Associates, 1986), 44.4 Supra note 1, 54, 194.5 Solomon L. Wisenberg, Federal White

Collar Crime, http//prof.findlaw.com/collar/_2.html; accessed January 29, 2001.

6 Ibid.7 Investigators should avoid creating a

custodial situation requiringMiranda warnings;however, they should refer to departmentalpolicy and applicable court rulings to determinetheir agencys requirement.

8 See Michael R. Napier and Susan H.

Adams, Magic Words to Obtain Confessions,FBI Law Enforcement Bulletin, October 1998,11.

9 Supra note 1, 119.

March 2001 / 21


23/35


outh Pasadena, California, is a small community located between the cities of Los AngelesS

and Pasadena. Despite its location, most residentschoose to live there for the small town atmosphere, anoutstanding school district, and a low crime rate. Infact, violent crime rarely occurs there.

However, on December 22, 1998, a man knockedon the door of a wealthy Asians residence located ina hilly, suburban area of South Pasadena. He held awrapped Christmas present in his hand and asked forthe resident by name. When the occupants opened thedoor, two other men, wearing Halloween masks andtoting guns, forced their way into the house.

Within minutes, the gunmen bound and gaged theoccupantsthe parents of the owners, two cousins,and a housekeeperand locked them in a back

bedroom and then forcibly took the homeowners9-year-old daughter from the home. Before leaving,one of the gunmen instructed the family not to call the

police if they ever wanted to see the girl again.One of the occupants ultimately freed herself and

then called the victims mother at her place of employment, who in turn called 911 to report the crime.However, before the police arrived, the father of thevictim came home. When South Pasadena officersreached the scene, the father attempted purposefullyto tell the police that nothing was wrong and that thecall had arisen from a domestic dispute. The officers

prudently insisted on searching the house and foundthe other occupants still bound in the back bedroom.After sorting out the information, the officers began akidnapping investigation.

If the officers had not insisted on conducting athorough initial investigation and had accepted the

vague explanations of the father at the front door, thiskidnapping may have gone unreported. Luckily, theofficers pursued the issue, and less than 48 hourslater, the police resolved this case successfully. In

spite of the fathers initial denial of a problem andsubsequent lack of cooperation, the police safelyrecovered the 9-year-old girl, apprehended thesuspects, and secured the ransom.

Why might parents jeopardize their childssafety? In this case, the victims and the suspects wereof Asian descent and significant anecdotal evidencesuggests that most of these types of crimes go unre

ported. This, and other seemingly abnormal behavior,can cause officers many problems when they investigate Asian-on-Asian kidnappings.

Initial Response

The first officers on the scene faced what appeared as a fairly standard crime scene, albeit thevictims father spoke limited English. Fortunately,these initial officers and supervisors did not followtheir first instinctsto string crime scene tape, callfor evidence technicians, and begin processing thehouse for related evidencebut, instead, immediatelyinitiated covert tactics. They removed all policevehicles from the area, parked the evidence technician vehicle inside of the victims closed garage,shifted police communication from radios to cell

phones, and immediately notified the local office ofthe FBI.

The police set up the command post at the SouthPasadena police station because of the immediateavailability of equipment (e.g., multiple telephone

lines, a copier, and white boards) and physicallocation of the building. Less than 2 hours after themother reported the crime, and long before additionallaw enforcement personnel arrived on the scene, thekidnappers placed the first call to the victims family.Although police had arranged to monitor and recordcalls to the residence, they did not expect the kidnap

pers to call the victims fathers cellular telephone.Luckily, officers recorded the conversation by using a

portable tape recorder, although most of the recordingonly captured the fathers side of the call.

The police initially contained the individuals whohad the first contact with the suspectsthe grandparents, cousins, and housekeeperand removed themfrom the crime scene to the police station. The policedebriefed them and obtained a composite sketch ofthe one unmasked suspect. Simultaneously, joint

Case Study

Asian-on-Asian KidnappingUnderstanding CulturalInfluencesBy Michael Berkow and Bucky Cox


24/35

March 2001 / 23

teams of local detectives and FBI agents were placedin the house with the victims parents to monitor andmanage the calls from the kidnappers.

InvestigationThis case progressed quickly as the suspects

frequently contacted the family. Immediately, officersdivided their investigative strategies into a four-

pronged approach. First, they processed evidencefrom the crime scene. This meant standard crimescene considerations (e.g., fingerprints, photographs,and sketches), including composite drawings preparedthrough witness/victim interviews. While this materialinitially would unlikely cause an immediate arrest, itwould prove critical in theultimate prosecution of the case.The second approach moreclosely resembled a commonreactive investigation, wherebyofficers considered leads provided by the victims parents.Who did they believe could dothis? Why would the kidnapperstarget their family? Who wouldknow about their access to funds?Third, the officers proactivelyattempted to identify and locatethe kidnappers through technology and surveillance. This proved

the most active and fast-movingportion of the investigation anddemanded a major effort to get ahead of the suspectsas opposed to merely reacting to their demands. Last,the officers investigated the parents and their potential role or link to the crime.

During the early hours of the first day, investigators focused their efforts on the third strategygetting ahead of the suspects. Police in South Pasadena notified the Los Angeles County DistrictAttorneys Office of the case and requested a deputydistrict attorney to assist with the investigation. Thedistrict attorney assigned to the case had a great dealof experience in electronic surveillance (i.e., wiretapsand pen register) and search warrants.

Although the police could not effectively tape-record the first call by the suspects to the victimsfathers cellular phone, they did obtain the telephone

number from which the suspects called through theuse of the caller identification feature on the phone.Then, by using a criss-cross directory, investigatorsobtained the address of the phone, which turned out to

be a payphone. After a few calls, investigatorsnarrowed down a specific geographic area that thesuspects called from.

While at the outset investigators used this cumbersome method to determine the suspects location,they arranged to get this information directly from thecellular phone company. In doing so, the police couldobtain the number and location of the phone thesuspects were using while the call was in progress.In addition, because of the pattern of calls, investiga

tors believed the suspects usedthe same pay phones to contact

other accomplices either immediately before or just after callingthe victims parents. With assistance from the district attorney,investigators secured immediatesearch warrants for the recordsfrom these pay phones in order todetermine additional numbers thesuspects may have called.

Officers quickly deployedplainclothes surveillance teamsinto the areas around the pay

phones that the suspects used.

Police intended to locate thekidnappers while they were still

using the phone, identify them, and possibly followthe suspects to the safe house where they held the girl.

On the tenth and final call of the first night, thekidnappers called the victims father to provideinstructions on passing the ransom. Surveillanceofficers went immediately to the location of the pay

phone and arrived while a suspect was still talkingwith the victims father. After the call, officersfollowed the suspects to a residence and identified thevehicle used.

Surveillance and Tactics

Early in the morning on the second day, thedepartment held a briefing for more than 100surveillance officers. Lead investigators provided theofficers with the composite sketch of the one

...the officersproactively

attempted to identifyand locate the

kidnappers throughtechnology and

surveillance.


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Ensure the victim is really gone: Becausecases exist where the child was not missing,

but rather hiding, officers should thoroughlysearch the entire house.

Secure the scene and go covert: Particularly inAsian-on-Asian kidnappings, subsequent tothe crime, suspects often drive by the houseto ensure the victims have not called the

police. Law enforcement should conduct theusual crime scene processing (e.g., gatheringevidence, controlling and isolating witnesses)

as covertly as possible. Arrange for legal/prosecution assistance on

the scene: Legal issues will arise on thesefast-moving cases and police will need

judicial orders to access phone records, aswell as get emergency wiretap authority.

Anticipate the need for technology andsurveillance teams: As early as possible, lawenforcement should prepare to receive, trace,and record any calls on all phones andidentify the suspects and their locations.Police should arrange for numerous surveil-

lance teams and consider using narcoticsofficers versus typical plainclothes officers inunmarked patrol cars.

Set up adequate communications from thecommand post: Police managers need tocommunicate and coordinate covertly andsecurely with those officers remaining withthe victim, the surveillance teams, and thetechnical officers.

Monitor the victims family: In the event thesuspects return to the victims home or thefamily withholds information or tries to make

direct contact with the suspects, officers

Initial Considerations

As with any kidnapping, but especially Asian-on-Asian, investigators should review somebasic considerations.

should remain with, and monitor, thevictims family and covertly cover theoutside of the house.

Plan for additional personnel: With multiplesuspects, police managers should haveadditional personnel available to replaceofficers working the case to avoidexhaustion.

Arrange for aerial assistance: When possible, airplanes or helicopters can proveinvaluable for surveillance. Managers

should consider having back-up aircraftavailable as well.

Plan for logistics: Coordinators shouldensure the availability of translators,cellular telephones, radios, extra batteries,

portable tape recorders, and electronictracking devices. When possible, officialsshould record the serial numbers of theransom bills or arrange with the FederalReserve Banking system to provide markedor recorded bills.

Plan for a difficult ransom drop location:

Suspects usually choose locations that aremost comfortable for them. In these cases,this location is often within their ethniccommunity, which may impose additionaldifficulties for ground surveillance units.Police should consider using an electronictracking device on the moneybag.

Record keeping: For accurate case management and successful prosecution, detailedrecord keeping remains paramount through-out the investigation. Managers can use oneof many commercial software packages

available.


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unmasked suspect who entered the home and photosof the suspects and vehicle taken by the surveillanceteam. Police officials arranged for a helicopter toassist with surveillance. Historically, kidnappers work

alone or in very small groups. By contrast, in anAsian-on-Asian kidnapping, multiple suspects usually

participate in the crime. This increases the need forair surveillance assets and covert ground personnel tohelp make law enforcement efforts less vulnerable toexposure.

Police managers then deployed the surveillanceteams to cover the pay phones the kidnappers mostlikely would use. Managersexplained two key rules to all ofthe officers involved. One, ifthey spot the girl, intervene only

if they can do so safely. And,two, do not allow the suspects toidentify them as part of a policeeffort.

During the night, policesecured emergency wiretapauthority for the victims home

phone, her fathers cell phone,and the telephone of the residence identified during surveil-lance. Although officers stayedwith the victims family at theirresidence to maintain the integ

rity of the investigation andbecause investigators feared the family would stopcooperating, officials did not advise the victimsfamily that the wiretap also included their hometelephone. Due to the potential language barrier,

police had Chinese translators at the monitoring siteto provide real-time translation of the demands by thekidnappers.

On the final day, the family lost faith in lawenforcements ability to safely retrieve their daughterand, thus, stopped cooperating. The suspects arrangedwith the victims family to receive the ransom, andthe family believed that if they simply paid it, thekidnappers would release their daughter. The fatherrefused to allow police to place a tracking device inthe moneybag and would not allow law enforcementto accompany him to the drop site. Anticipatingthis, police placed a covert tracking device on

the fathers car and constantly monitored hislocation and movements as he traveled to deliver theransom.

At the time the victims family delivered the

money, the surveillance teams were following over 10different suspects and monitoring multiple locations.After the father delivered the money, the surveillanceteams maintained visual contact until the victimcalled her mother. Police promptly intercepted thiscall, identified her location, dispatched units to thatlocation, and alerted other officers of her freedom. Assoon as officers had custody of the girl and confirmedher safety, the surveillance teams made the arrests.

Conclusion

This South Pasadena caseended in successsuspectsarrested and ultimately convicted, victim returned unharmed, and all of the ransommoney returned. These investigations can often prove complexfor any law enforcement agencyand require advanced planningand forethought by policemanagers.

Kidnapping for ransom hasproved a way of life in manycountries and it appears that

most migrs remain unaware ofhow serious American law enforcement reacts tochild abductions.Asian kidnappings, law enforcement must develop a

plan, prior to an event occurring, on how to handlethese types of cases and their associated problems. Indoing s

FBI Law Enforcement Bulletin - Mar01leb

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