1. Law Enforcement Response to Piracy: Perspectives & Challenges
David C. Lobb, Ph.D.
Special Agent
U.S. Naval Criminal Investigative Service
Field Office Singapore
UNCLASSIFIED

2. NCIS: Overview Charter – Composition: ~ 90% Civilian
Criminal Investigations/Operations
Counterintelligence Investigations/Operations
Counterterrorism Investigations/Operations
Antiterrorism/Force Protection
Cyber Investigations/Operations
Personnel and Info Security
DON Policy
DON Clearance Adjudication
Composition: ~ 90% Civilian
~ 98% of agents are civilian
NCIS civilian agents have statutory arrest authority
Civilian Director (SES/GS-1811) reports to SECNAV
NCIS agents prepare to board ship recovered from Somali pirates to process crime scene
NCIS is different from our counterparts in the other military departments. Some of the things that make us different:
Our charter includes a range of mission areas that the other military departments use multiple commands to perform. In the Army, for instance, LE is performed by Criminal Investigation Command (CID), while CI is conducted by Army Military Intelligence. Air Force Office of Special Investigations (OSI) has a mission that more closely resembles ours, performing the LE, CI, CT, and cyber missions, but the AT/FP, Personnel, and Information Security functions that NCIS performs are conducted by another Air Force command. NCIS also runs the DON’s Central Adjudication Facility (DONCAF).
We are overwhelmingly civilian…approximately 90% civilian in total. Our agent cadre is some 98% civilian (only c. 25 Marine SAs).
Our Director is a career criminal investigator (GS-1811 series) who reports to the Secretary of the Navy. In the other MILDEPs, the head of these agencies are general officers who report to other general officers.
UNCLASSIFIED

3. NCIS and Piracy Early Involvement-Logical LE Agency? Maritime Focus
Worldwide Presence
Connection to U.S. Navy and Assets
Investigative Skill Set
Early cases and operations
Applying Our Standard of Investigation
Asking one Question From the Start:
What Do We Do When We Catch Them?
UNCLASSIFIED

4. Case Studies Attack on the USS NICHOLAS March 2010
5 Pirates Captured, taken to the U.S.
November 2010 Convicted
First Piracy Jury Trial Since 1820
March 2011, all sentenced to life plus 80 years
UNCLASSIFIED

5. Case Studies cont. Attack on the MAERSK ALABAMA Attacked in April 2009
Crew captures one pirate regains control
Captain Philips is taken off ship with three pirates in life boat
USS BAINBRIDGE Captain authorizes tactical actions by Navy SEALS
Three pirates killed, one Captured- Muse
Pleads Guilty, sentenced to 34 years (February 2011)
UNCLASSIFIED

6. Yacht QUEST Taken February 19, 2011 Shadowed by U.S. Warship
Fired RPG at ship, SEALS respond
13 Somalis, 1 Yemeni heading to the U.S.
UNCLASSIFIED

7. Case Studies cont. M/V Amira 13 MAY 2009 Egyptian Flagged Vessel
Philippine Crew/Greek Captain
Security Detachment
RPG Fired at Amira
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8. MV Amira
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9. Evidence
Weapons
Excess Fuel
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10. More Evidence
Cell Phones
Hooks and Ladders
UNCLASSIFIED

11. Case Studies cont. 17 Suspected Pirates (SP’s)
4 SP’s claimed to be victims
Kenyan law does not allow for confessions
to be admissible unless made to a magistrate
Defense-just fishermen
Prosecutors- would not allow testimony regarding “Victims” statement which implicated the others.
A Kenyan court on Friday, November 5, 2010 freed 17 Somali men detained by the U.S. Navy at sea and accused of piracy, saying the Navy didn't provide the necessary evidence to convict the suspects.
UNCLASSIFIED

12. NCIS Participation in Counter-Piracy Initiatives
CTF-151
Investigating Agency
LE Liaison
Coordinate with NAVCENT and local embassy
Worldwide availability (Singapore, Bahrain, Djibouti, Hawaii)
Training
Information Fusion Centre (IFC)
Liaison
Information Sharing
Engagement and Training
UNCLASSIFIED

13. NCIS & Counter-Piracy in the Region
IFC
Tracking Piracy Trends, Vulnerabilities, Use of Motherships
Research Journals
Information/Intel Sharing and Cooperation with Enforcement Agencies
Engagement with Private Shipping
UNCLASSIFIED

14. Regional Activities cont.
Debriefing Initiative
Highjacked Crews
Captured Pirates
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18. The Role of Law Enforcement Once Pirates are Captured
Unique Type of Investigation
Evidence Collection at Sea
Hostage situations
Jurisdiction
Information Collection and Sharing
Intelligence Reports
Collaboration with Interpol/Host Nation LE
Biometrics
SEEK Device-Secure Electronic Enrollment Kit
Used in Recent QUEST Case-Hits
Cyber support (Field / HQ)
Assist in exploiting electronic
information
Cell / sat phone data, GPS,
thumb drives, etc.
UNCLASSIFIED

19. LE Roles cont. Interviews Cultural Considerations Somali Mindset
Religious Differences
Negotiations
Hostage Situations
Cultural Themes
Complexities of Jurisdiction and LE Authority
Rules of Evidence
Elements of the Crime
Court Testimony
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20. UNCLASSIFIED

21. The Way Ahead: Looking Beyond the Military Response
What Does it Mean to “Counter” Piracy?
Interdiction
Increased Assets
Wider National Authorities
Rules of Engagement
Prosecutorial Process
Venue?(Malaysia/Malivies/U.S./Kenya/Philipines)
Piracy Prosecution Center
Legal Authority, Change of Laws
UNCLASSIFIED

22. The Way Ahead cont. Investigative Process Standards of Investigation
Piracy Investigations Manual-Interpol and NCIS
Multi-National Collaboration
Sharing Information
UN Resolutions and Collaboration with Law Enforcement
Interpol said it would spend $2.17million to help African nations fight piracy.
The first phase of the E.U-funded program would include Interpol providing Seychelles with a digital fingerprint identification system to make it easier to identify pirates and share information on them.
UNCLASSIFIED

23. Points to Ponder Debate will Continue on How to Stop Piracy
Attack land based problems of poverty and governance?
Larger Enforcement Footprint?
Piracy as a issue of Global Security
Connection to Islamic Militias and AQ associated Groups
Commercial Shipping Companies
International Effort
UNCLASSIFIED

24. QUESTIONS?
UNCLASSIFIED