1. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Larceny Chapter 13

2. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Overview Current State of Larceny Current State of Larceny Offender Characteristics Offender Characteristics Motor Vehicle Theft Motor Vehicle Theft Theft from Motor Vehicles Theft from Motor Vehicles Shoplifting Shoplifting Confidence Swindling Confidence Swindling White-Collar Crime White-Collar Crime Credit Card and Check Fraud Credit Card and Check Fraud Identity Theft Identity Theft Review Questions Review Questions Opportunity for Student Questions Opportunity for Student Questions

3. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Chapter 13 Learning Objectives Understand the legal requirements for the crime of larceny Understand the legal requirements for the crime of larceny Explain the current state of larceny as to frequency, objects of theft, and offender characteristics Explain the current state of larceny as to frequency, objects of theft, and offender characteristics Understand the current state of vehicle theft Understand the current state of vehicle theft Define and discuss the three major methods of operation unique to auto 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 Explain the investigative procedures that are proper for the stolen vehicle inquiry Discuss shoplifting Discuss shoplifting Discuss the nature of the confidence swindle Discuss the nature of the confidence swindle Explain the concept of white-collar crime and the investigative procedures designed to combat this offense Explain the concept of white-collar crime and the investigative procedures designed to combat this offense Explain credit card fraud Explain credit card fraud Define three types of check fraud Define three types of check fraud

4. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 The Crime of Larceny Also known popularly as “theft” Also known popularly as “theft” This crime is committed every four seconds in the U.S. This crime is committed every four seconds in the U.S. Losses are reportedly exceeding 5 billion dollars annually Losses are reportedly exceeding 5 billion dollars annually Legally defined as 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 Theft can be Theft can be –A felony (grand theft) or –A misdemeanor (petty theft)

5. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 The Current State of Larceny Approximately seven million larcenies (including auto theft) are reported annually in the U.S. 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 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 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 The average value of property stolen per incident is nearly $740 Nearly 40% of theft involves motor vehicles and accessories Nearly 40% of theft involves motor vehicles and accessories Shoplifting and theft from from buildings total about 30% Shoplifting and theft from from buildings total about 30%

6. Criminal Investigation, 7 th 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! Timber Timber Embalming fluid Embalming fluid Cattle Cattle Grain Grain 17,000 laptop computers, motion pictures, grease, and 11 million worms 17,000 laptop computers, motion pictures, grease, and 11 million worms

7. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Offender Characteristics Over 28% of those arrested are under the age of 18 Over 28% of those arrested are under the age of 18 57% are under the age of 25 57% are under the age of 25 Females have a higher involvement in larceny than in any other crime Females have a higher involvement in larceny than in any other crime Nearly 37% of all apprehensions are female Nearly 37% of all apprehensions are female White suspects outnumber black by a ratio of more than two to one White suspects outnumber black by a ratio of more than two to one

8. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 The Current State of Motor Vehicle Theft 1.2 million thefts per year 1.2 million thefts per year Nearly one of every 130 registered vehicles is stolen Nearly one of every 130 registered vehicles is stolen The single most costly crime in the U.S. The single most costly crime in the U.S. Nearly 30% of those arrested are under 18 and 62% are under 25 Nearly 30% of those arrested are under 18 and 62% are under 25 Police clear only about 13% of the reported cases Police clear only about 13% of the reported cases

9. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Facts… Thefts generally take place at night and the vehicles are often parked near the victim’s residence 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 Stolen vehicles are recovered in approximately 60% of all reported cases Nearly 90% of all stolen vehicle incidents are reported to police Nearly 90% of all stolen vehicle incidents are reported to police

10. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 More Facts In 25% of cases, other objects of value are also taken 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 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 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 If you own a car, chances are 1 in 42 that the auto will be either broken into or stolen

11. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Vehicle Identification Methods License plate number License plate number VIN (Vehicle Identification Number) is the most accurate and reliable identification method VIN (Vehicle Identification Number) is the most accurate and reliable identification method Stolen Vehicle Retrieval System Stolen Vehicle Retrieval System –Requires a hidden transmitter –Computers track the stolen vehicle –It is a highly effective system (90% recovered)

12. Criminal Investigation, 7 th 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!

13. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Suspect Method of Operation Three motivations for stealing cars Three motivations for stealing cars –Joyriding Offenders are typically under 18 Offenders are typically under 18 Stolen for thrills Stolen for thrills 50% of all stolen vehicles are attributed to joyriding 50% of all stolen vehicles are attributed to joyriding –Criminal activity Armed robbery Armed robbery Kidnapping Kidnapping Sometimes returned to the original location hoping that the theft will never be discovered/reported Sometimes returned to the original location hoping that the theft will never be discovered/reported –Profit Stripping and chopping Stripping and chopping Title switching Title switching Resale Resale

14. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Investigative Procedures Gather accurate information during the initial report Gather accurate information during the initial report –License number –VIN –Description Use the acronym: CYMBAL Use the acronym: CYMBAL –Color –Year –Make/model –Body style –All other distinguishing features and/or previous damage –License plate number

15. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Investigative Procedures (continued) 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.” 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 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 Determine lien information to eliminate the possibility of it being repossessed Document insurance information Document insurance information Ask when and where the vehicle was last serviced Ask when and where the vehicle was last serviced Ask regarding any mechanical problems Ask regarding any mechanical problems Have victim estimate current odometer reading (may need to rely on recent oil change vender) Have victim estimate current odometer reading (may need to rely on recent oil change vender)

16. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Investigative Procedures (continued) Examine the location where the vehicle was taken Examine the location where the vehicle was taken –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: Broadcast the information to: –Patrol units in the area –Other law enforcement agencies in the region Enter the vehicle into NCIC Enter the vehicle into NCIC

17. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Field Observation: Patrol Uniformed patrol officers have the greatest probability of observing a stolen vehicle–experienced officers look for: Uniformed patrol officers have the greatest probability of observing a stolen vehicle–experienced officers look for: –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 Do not match the computer record for make and model Do not match the computer record for make and model Are not firmly attached Are not firmly attached Are dirty on a clean car or vice versa Are dirty on a clean car or vice versa New plates with old screws New plates with old screws Front and rear plates do not match Front and rear plates do not match –Vehicles with no lights on at night

18. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Field Observation: Detective Consider the recovered stolen vehicle a mobile crime scene 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 Evidence of another crime Evidence of another crime Personal artifacts left by the suspects 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) Garbage (receipts from fast-food restaurants may reveal dates and times of service indicating possible witnesses and/or video surveillance)

19. Criminal Investigation, 7 th 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 Notify victim and make arrangements for possible return to victim Notify victim and make arrangements for possible return to victim Notify insurance company Notify insurance company

20. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Theft From Motor Vehicles Accounts for over 34% of all reported thefts Accounts for over 34% of all reported thefts Average loss is $712 per incident Average loss is $712 per incident Often referred to as car clouting Often referred to as car clouting Two different types of suspect M.0. Two different types of suspect M.0. –Organized: operates in a group –Unorganized: opportunistic

21. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Theft From Motor Vehicles– Where Do They Occur? Any area likely for vehicles to be parked Any area likely for vehicles to be parked –The suspect may prowl On foot On foot By driving through the area By driving through the area Mall lots (especially during the holiday shopping periods) Mall lots (especially during the holiday shopping periods) Motel lots Motel lots Residential streets Residential streets

22. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Theft From Motor Vehicles– What is Stolen? Many different types of property are commonly stolen from vehicles Many different types of property are commonly stolen from vehicles The targeted property includes: The targeted property includes: –CD players –CB radios –Luggage, cameras –Sporting goods –Briefcases –Radar detectors –Purses –Packages –Cell phones –Ipods

23. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Theft From Motor Vehicles– How to Investigate? The method of operation must be established The method of operation must be established If eyewitness is available (rare) obtain: If eyewitness is available (rare) obtain: –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

24. Criminal Investigation, 7 th 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 Identify the complainant/victim by: Identify the complainant/victim by: –Name –DOB –Address –Phone number Determine the ownership of vehicle and of stolen items and all insurance information 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) 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 Collect glass at the scene if windows were broken Attempt to locate fingerprints Attempt to locate fingerprints Obtain possible suspect(s) from victim such as ex-boyfriend/girlfriend, revenge motive, etc. Obtain possible suspect(s) from victim such as ex-boyfriend/girlfriend, revenge motive, etc. Determine when crime occurred (usually a span of time) 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) Police can use proactive techniques such as a bait car or surveillance in high-incident locations (rarely used)

25. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Shoplifting Refers to a theft committed in a retail business during the hours of commercial operation 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) May be committed by a “customer” or employee (referred to as employee pilferage) Also referred to as retail theft in some jurisdictions Also referred to as retail theft in some jurisdictions Constitutes nearly 15% of all reported thefts Constitutes nearly 15% of all reported thefts Average value is about $181 per incident–about $24 billion annually 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 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 Juveniles comprise 22% of all arrested suspects

26. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Investigating Retail Theft Most suspects are apprehended by store security employees 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 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 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 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 The store employee may conduct an interview/investigation and then notifies police if it has been determined that a crime has been committed

27. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 The Police Investigation: Retail Theft After the police arrive, a criminal investigation is conducted. The investigator: 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 Items recovered Items recovered Packaging materials that were discarded by the suspect Packaging materials that were discarded by the suspect

28. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 The Police Investigation: Retail Theft (continued) Interviews the suspect last 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 The actor who committed the theft Anyone who aided or abetted the crime Anyone who aided or abetted the crime Those present who didn’t participate are generally not criminally culpable Those present who didn’t participate are generally not criminally culpable

29. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 The Police Investigation: Retail Theft (continued) Collect all evidence 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 Stolen items are normally returned to the store for resale 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 Ask for consent to search the suspect vehicle in the parking lot for additional stolen items

30. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Confidence Swindling These crimes (also known as “bunco” swindles) involve deceit and trickery These crimes (also known as “bunco” swindles) involve deceit and trickery Bunco swindles appeal to a person’s: Bunco swindles appeal to a person’s: –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 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 These suspects often prey on the elderly who are often trusting and have access to large amounts to cash

31. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Investigating White Collar Crime Immediately PREVENT the suspect from accessing any ledgers, computers, servers, and records to prevent the destruction of evidence 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: This type of investigation can include highly complicated investigative procedures that involve: –Technical accounting procedures –An audit of records that could go back years Requires the cooperation of trusted employees into practices and procedures Requires the cooperation of trusted employees into practices and procedures

32. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Investigating White Collar Crime (continued) Documentation is critical 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) A careful interview/interrogation of the suspect is required 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 Some states have investigators with special training as do numerous federal agencies to conduct this type of investigation and local agencies can request assistance

33. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Investigating Credit Card, Check Fraud, and Identity Theft These crimes involve the following: These crimes involve the following: –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

34. Criminal Investigation, 7 th 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) Check victim’s credit report to determine what accounts may have been compromised or created without consent 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 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 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 Note that original paper documentation may contain fingerprints of the suspect–preserve this potential Determine when the sale(s) occurred Determine when the sale(s) occurred Obtain any video surveillance Obtain any video surveillance

35. Criminal Investigation, 7 th 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) Get an affidavit from the bank or credit card company detailing the specifics of the loss Get an affidavit from the bank or credit card company detailing the specifics of the loss –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 Interview the victim for details of the theft Interview the victim for details of the theft Interview/interrogate the suspect–always seek previous or other similar thefts and accomplices 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 Carefully document all stages of the investigation and obtain written statements from all involved

36. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Review Questions 1. Define larceny. 2. List three offender characteristic of larceny suspects. 3. How prevalent is motor vehicle theft in the U.S.? 4. What is the most reliable method of vehicle identification? 5. What is joyriding? 6. List three patrol field observation techniques when investigating vehicle theft. 7. List three detective field observation techniques when investigating vehicle theft. 8. When investigating a theft from a motor vehicle, what information should be obtained from an eye-witness? 9. What are the police procedures when investigating a shoplifting incident? 10. What are the police procedures when investigating a white collar crime? 11. What are the police procedures when investigating an identity theft?

37. Criminal Investigation, 7 th Edition By James N. Gilbert PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 Student Questions