Transcript Document

Larceny
Chapter 13
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Overview
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Current State of Larceny
Offender Characteristics
Motor Vehicle Theft
Theft from Motor Vehicles
Shoplifting
Confidence Swindling
White-Collar Crime
Credit Card and Check Fraud
Identity Theft
Review Questions
Opportunity for Student Questions
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Chapter 13
Learning Objectives
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Understand the legal requirements for the crime of larceny
Explain the current state of larceny as to frequency, objects of
theft, and offender characteristics
Understand the current state of vehicle theft
Define and discuss the three major methods of operation unique
to auto theft
Explain the investigative procedures that are proper for the stolen
vehicle inquiry
Discuss shoplifting
Discuss the nature of the confidence swindle
Explain the concept of white-collar crime and the investigative
procedures designed to combat this offense
Explain credit card fraud
Define three types of check fraud
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
The Crime of Larceny
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Also known popularly as “theft”
This crime is committed every four seconds in the U.S.
Losses are reportedly exceeding 5 billion dollars annually
Legally defined as
– Whoever unlawfully, without force, intentionally takes moveable
property
– Of another
– Without consent
– With the intent to permanently deprive the owner of the property
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Theft can be
– A felony (grand theft) or
– A misdemeanor (petty theft)
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
The Current State of Larceny
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Approximately seven million larcenies (including auto
theft) are reported annually in the U.S.
Larceny and motor vehicle theft account for over 60% of
the total crime index
The volume of larceny is highest during the summer
months, peaking in July and August
The average value of property stolen per incident is
nearly $740
Nearly 40% of theft involves motor vehicles and
accessories
Shoplifting and theft from from buildings total about
30%
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Anything can be Stolen: One Agency’s
Report for One Month!
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Timber
Embalming fluid
Cattle
Grain
17,000 laptop computers, motion pictures,
grease, and 11 million worms
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Offender Characteristics
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Over 28% of those arrested are under the
age of 18
57% are under the age of 25
Females have a higher involvement in
larceny than in any other crime
Nearly 37% of all apprehensions are female
White suspects outnumber black by a ratio
of more than two to one
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
The Current State of
Motor Vehicle Theft
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1.2 million thefts per year
Nearly one of every 130 registered vehicles
is stolen
The single most costly crime in the U.S.
Nearly 30% of those arrested are under 18
and 62% are under 25
Police clear only about 13% of the reported
cases
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Facts…
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Thefts generally take place at night and
the vehicles are often parked near the
victim’s residence
Stolen vehicles are recovered in
approximately 60% of all reported cases
Nearly 90% of all stolen vehicle incidents
are reported to police
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
More Facts
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In 25% of cases, other objects of value are
also taken
Victims are present when their vehicle is
stolen in approximately 7% of all cases and
the victim is attacked nearly 20% of the
time
Young victims experience the highest
vehicle-theft rate
If you own a car, chances are 1 in 42 that
the auto will be either broken into or stolen
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Vehicle Identification
Methods
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License plate number
VIN (Vehicle Identification Number) is
the most accurate and reliable
identification method
Stolen Vehicle Retrieval System
– Requires a hidden transmitter
– Computers track the stolen vehicle
– It is a highly effective system (90% recovered)
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Another Example of a
Prevention Program
Police who see this
sticker on a vehicle
have the legal
(consensual) right to
stop the vehicle
between 1:00 a.m. and
5:00 a.m. to determine
who is operating it–an
owner (or someone
who has permission) or
a thief!
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Suspect Method of
Operation
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Three motivations for stealing cars
– Joyriding
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Offenders are typically under 18
Stolen for thrills
50% of all stolen vehicles are attributed to joyriding
– Criminal activity
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Armed robbery
Kidnapping
Sometimes returned to the original location hoping that the
theft will never be discovered/reported
– Profit
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Stripping and chopping
Title switching
Resale
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Investigative Procedures
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Gather accurate information during the initial
report
– License number
– VIN
– Description
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Use the acronym: CYMBAL
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Color
Year
Make/model
Body style
All other distinguishing features and/or previous damage
License plate number
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Investigative Procedures
(continued)
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Determine the time of the theft, often a window of time
such as, “It was taken sometime between 9:00 p.m.
and 7:30 a.m.”
Rule out others who may have access to keys who may
have the vehicle
Determine lien information to eliminate the possibility
of it being repossessed
Document insurance information
Ask when and where the vehicle was last serviced
Ask regarding any mechanical problems
Have victim estimate current odometer reading (may
need to rely on recent oil change vender)
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Investigative Procedures
(continued)
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Examine the location where the vehicle was taken
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Glass is evidence and should be collected
Attempt to determine what window, if any, was broken
Look for foot or tire impressions made by the suspect
Note any possible witnesses and canvas the area
Note all vehicles in the area by license number
Look for any surveillance video cameras in the area
Broadcast the information to:
– Patrol units in the area
– Other law enforcement agencies in the region
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Enter the vehicle into NCIC
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Field Observation: Patrol
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Uniformed patrol officers have the greatest probability of observing
a stolen vehicle–experienced officers look for:
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Extreme nervousness of drivers and passengers
A vehicle that suddenly turns off seemingly to avoid the officer
Expensive vehicles with young drivers and passengers
Vehicles being driven in an irresponsible manner
Vehicles with damaged door or trunk locks
Vehicles with open passenger compartment windows during winter or
inclement weather
– License plates that
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Do not match the computer record for make and model
Are not firmly attached
Are dirty on a clean car or vice versa
New plates with old screws
Front and rear plates do not match
– Vehicles with no lights on at night
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Field Observation:
Detective
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Consider the recovered stolen vehicle a mobile
crime scene
– Check area first for foot or tire impressions or other
evidence
– Check exterior of vehicle for fresh damage
– Check interior of vehicle for
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Evidence of another crime
Personal artifacts left by the suspects
Garbage (receipts from fast-food restaurants may reveal
dates and times of service indicating possible witnesses
and/or video surveillance)
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Field Observation:
Detective (continued)
– Process the interior and exterior for latent fingerprints
– Look for any personal suspect clues
– Check the ashtray for any debris ̶ it may contain evidence
including cigarette butts that contain DNA, brand name, other
information
– Check the trunk
– Note the odometer reading
– Canvas the area where the vehicle was found
– Check police records for parking/moving citations
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Notify victim and make arrangements for possible
return to victim
Notify insurance company
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Theft From Motor
Vehicles
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Accounts for over 34% of all reported
thefts
Average loss is $712 per incident
Often referred to as car clouting
Two different types of suspect M.0.
– Organized: operates in a group
– Unorganized: opportunistic
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Theft From Motor Vehicles–
Where Do They Occur?
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Any area likely for vehicles to be parked
– The suspect may prowl
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On foot
By driving through the area
Mall lots (especially during the holiday
shopping periods)
Motel lots
Residential streets
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Theft From Motor
Vehicles– What is Stolen?
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Many different types of property are commonly
stolen from vehicles
The targeted property includes:
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CD players
CB radios
Luggage, cameras
Sporting goods
Briefcases
Radar detectors
Purses
Packages
Cell phones
Ipods
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Theft From Motor Vehicles–
How to Investigate?
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The method of operation must be established
If eyewitness is available (rare) obtain:
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License number/description of suspect vehicle
Description of suspect or suspects
Direction of travel
Determine the exact time of the incident
Remember to get the witness name, DOB, address,
phone number
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Investigating Thefts from Motor
Vehicles–When There Are No Witnesses
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Identify the complainant/victim by:
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Name
DOB
Address
Phone number
Determine the ownership of vehicle and of stolen items and all insurance
information
Obtain complete description of item(s) taken including serial numbers–for
NCIC–and value of items for charging purposes (determines if the theft is
a misdemeanor or felony)
Collect glass at the scene if windows were broken
Attempt to locate fingerprints
Obtain possible suspect(s) from victim such as ex-boyfriend/girlfriend,
revenge motive, etc.
Determine when crime occurred (usually a span of time)
Police can use proactive techniques such as a bait car or surveillance in
high-incident locations (rarely used)
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Shoplifting
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Refers to a theft committed in a retail business during
the hours of commercial operation
May be committed by a “customer” or employee
(referred to as employee pilferage)
Also referred to as retail theft in some jurisdictions
Constitutes nearly 15% of all reported thefts
Average value is about $181 per incident–about $24
billion annually
One survey of a national store chain found that 60% of
suspects were between 30 and 50 years old
Juveniles comprise 22% of all arrested suspects
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Investigating Retail Theft
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Most suspects are apprehended by store security
employees
– They use video surveillance or two-way mirrors
– May also be on the floor posing as customers
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After the employee observes the theft (concealment,
price tag change, etc.), normally he or she will wait for
the suspect to proceed past the last point of payment
The suspect is then confronted and asked to accompany
the employee back to the security office or other private
area
The store employee may conduct an
interview/investigation and then notifies police if it has
been determined that a crime has been committed
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
The Police Investigation:
Retail Theft
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After the police arrive, a criminal investigation
is conducted. The investigator:
– Interviews the complainant (store employee) first to
find out what happened
– Looks at any video surveillance
– Reviews any physical evidence
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Items recovered
Packaging materials that were discarded by the suspect
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
The Police Investigation:
Retail Theft (continued)
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Interviews the suspect last
– If the suspect is not under arrest, Miranda
warnings are not required
– Separate if there are multiple suspects
– Determine the involvement of each suspect
The actor who committed the theft
 Anyone who aided or abetted the crime
 Those present who didn’t participate are generally
not criminally culpable
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Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
The Police Investigation:
Retail Theft (continued)
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Collect all evidence
– Collect video tape
– Collect any items that were used as part of the M.O. such as bags or
booster devices used by the suspect
– Take written statements from complainant and suspect (if willing)
– Take photos of stolen items and packaging materials that were
removed by the suspect for court purposes
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Stolen items are normally returned to the store for resale
Ask for consent to search the suspect vehicle in the parking lot
for additional stolen items
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Confidence Swindling
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These crimes (also known as “bunco” swindles)
involve deceit and trickery
Bunco swindles appeal to a person’s:
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Greed (pigeon-drop and affinity scams)
Superstition
Frugality (house painting scams)
Cooperation (bank examiner swindle)
Ignorance (bill machine and medical-quackery swindles)
Modern offenders commonly use the computer
These suspects often prey on the elderly who are
often trusting and have access to large amounts to
cash
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Investigating White
Collar Crime
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Immediately PREVENT the suspect from
accessing any ledgers, computers, servers, and
records to prevent the destruction of evidence
This type of investigation can include highly
complicated investigative procedures that
involve:
– Technical accounting procedures
– An audit of records that could go back years
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Requires the cooperation of trusted employees
into practices and procedures
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Investigating White
Collar Crime (continued)
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Documentation is critical
– Access to funds or goods must be thoroughly documented showing the
suspect had the means and opportunity
– Original (company) accounts and ledgers must be obtained
– Subpoena bank records of suspect
– Search warrant of suspect’s residence may be necessary
– State and federal income tax records should be acquired
– Collect all email and other computer information (hard drive and/or
server data)
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A careful interview/interrogation of the suspect is required
Some states have investigators with special training as do numerous
federal agencies to conduct this type of investigation and local
agencies can request assistance
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Investigating Credit Card,
Check Fraud, and Identity
Theft
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These crimes involve the following:
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Identity theft
Internet auctions
Shop-at-home/catalog sales
Internet services/computers
Foreign money offers
Prizes/sweepstakes/lotteries
Advance-fee loans/credit protection
Business opportunities/work-at-home
Telephone services
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Investigating Credit Card,
Check Fraud, and Identity
Theft (continued)
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Check victim’s credit report to determine what accounts
may have been compromised or created without
consent
Obtain names of actual clerk(s) who consummated any
and all transactions
Obtain originals (if possible) of receipts, checks, credit
card forms, and any other documentation of the sale
Note that original paper documentation may contain
fingerprints of the suspect–preserve this potential
Determine when the sale(s) occurred
Obtain any video surveillance
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Investigating Credit Card,
Check Fraud, and Identity
Theft (continued)
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Get an affidavit from the bank or credit card company detailing the
specifics of the loss
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Amount
Account numbers
Name on the account
When it was opened
When the account was reported compromised (card or check reported
stolen)
– Date(s) of transaction
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Interview the victim for details of the theft
Interview/interrogate the suspect–always seek previous or other
similar thefts and accomplices
Carefully document all stages of the investigation and obtain written
statements from all involved
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Review Questions
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Define larceny.
List three offender characteristic of larceny suspects.
How prevalent is motor vehicle theft in the U.S.?
What is the most reliable method of vehicle identification?
What is joyriding?
List three patrol field observation techniques when investigating vehicle
theft.
List three detective field observation techniques when investigating
vehicle theft.
When investigating a theft from a motor vehicle, what information should
be obtained from an eye-witness?
What are the police procedures when investigating a shoplifting incident?
What are the police procedures when investigating a white collar crime?
What are the police procedures when investigating an identity theft?
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458
Student Questions
Criminal Investigation, 7th Edition
By James N. Gilbert
PRENTICE HALL
©2007 Pearson Education, Inc.
Upper Saddle River, NJ 07458