Identifying and Avoiding Mortgage Fraud

Recent financial industry distress publicly attributed to widespread mortgage loan defaults has generated mounting pressure on federal prosecutors to increase investigations into incidents of mortgage fraud across the nation. On February 6, 2004, CNN reported that the FBI warned that mortgage fraud was becoming so rampant that the resulting epidemic of fraud could trigger a massive financial crisis. Mortgage fraud has now become so prevalent that the United States Department of Justice and the Federal Bureau of Investigation have been forced to create an entirely new category for tracking these cases. According to a CBS news report, the number of FBI agents assigned to mortgage related crimes increased by 50 percent from 2007 to 2008. Prosecutors and investigators on both the state and local levels are also feverishly organizing task forces and creating real estate fraud departments to counter this burgeoning wave of crime.

CRIME & PUNISHMENT

The primary focus of these investigations appears to be on borrowers, investors, mortgage brokers, appraisers and real estate agents. Some of the charges levied against these perpetrators have included making false statements on loan applications, bank fraud, mail fraud, wire fraud, conspiracy to launder funds and a number of applicable state laws. However, the primary legal vehicle implemented by federal prosecutors has been section 1014 of Title 18 of the United States Code which declares mortgage fraud as a federal crime encompassing anyone who willfully overvalues any land or property, or knowingly makes any false statement, for the purpose of influencing a financial institution upon a loan application, purchase agreement or other related documents. A violation of the federal mortgage fraud law (18 U.S.C. 1014) alone is punishable by up to thirty years imprisonment and a one million dollar fine.

MORTGAGE FRAUD SCHEMES

The most effective way to avoid prosecution for mortgage fraud is to identify mortgage fraud schemes prior to any actual involvement. Most mortgage fraud offenses fall into one of two general categories: fraud for housing and fraud for profit. Fraud for housing often involves fraudulent acts committed by a borrower, often coached by his or her mortgage broker or real estate agent, to obtain a loan for the ultimate goal of acquiring a home. These fraudulent facts generally pertain to the falsification of facts and documents during the loan application process to enable the borrower to obtain financing that he or she would otherwise not be qualified to receive. Conversely, fraud for profit typically involves a more concerted plan to abuse the entire real estate transactional process for pecuniary gain.

FRAUD FOR HOUSING

Income Fraud

This occurs when a borrower inflates his or her amount of income to qualify for a loan or a larger loan amount. Although recent reductions in the use of stated income or no-doc liar loans has somewhat curbed income fraud, daring borrowers are increasingly generating more fraudulent documents to falsify income. Information technology and photocopy equipment have become so advanced that very convincing documentation, such as income statements, savings accounts and tax returns, can be produced on demand.

Employment Fraud

In order to justify overstated income in a loan application, borrowers will claim self-employment in a non-existent company or represent having a higher position in a company than the borrower actually holds.

Failure to Disclose Liabilities

The debt-to-income ratio is an important part of the loan underwriting criteria used to determine a borrowers eligibility for mortgage loans. Consequently, borrowers will conceal financial obligations like newly acquired credit card debt, other mortgages, and private loans to artificially reduce their debt-to-income ratios.

Occupancy Fraud

Generally occurs when a borrower states on a loan application that he or she intends to occupy a property as a primary residence to secure a lower interest rate when the borrower actually intends to obtain the loan to acquire an investment property.

FRAUD FOR PROFIT

Equity Skimming and Cash-Back Schemes

A straw buyer is typically implemented as the buyer of the property due to his or her creditworthiness and resulting ability to obtain favorable financing. Unknowing straw buyers can be manipulated by mortgage brokers and real estate agents to purchase a property as a primary residence with the broker or agent later serving as a property manager to collect anticipated rental income. After the escrow closes and the mortgage and real estate brokers collect their commissions, they proceed to collect rental income and fail to make the mortgage payments.

Complex schemes can involve a knowing straw buyer, an appraiser who intentionally overstates the propertys value, a dishonest seller that intentionally inflates the selling price, and a dishonest settlement officer that makes undisclosed disbursements from the loan proceeds. All of these conspirators collaborate to collect portions of the proceeds of an inappropriately large loan before eventually letting it go into default.

Appraisal Fraud or Price Inflation

This fraud occurs when a dishonest appraiser intentionally overstates the value of a property or when an existing appraisal is altered to reflect a higher value. When a home is overvalued, more money can be obtained by the seller in a purchase transaction or by the borrower in a cash-out refinance.

The New Appraisal Fraud: Price Deflation

When done legitimately, a short sale occurs when a borrower that owes more than his or her property is worth sells the property below market value and the lender agrees to accept the lower repayment amount and forgive the difference. A new hybrid of fraud has emerged where an appraiser or a real estate agent drastically devalues the property in an appraisal or brokers price opinion (BPO) so that the home will sell with ease at a price well below market value. Of course the new buyer is in collaboration with the seller, agent and appraiser, so all of the conspirators proceed to sell the home at a higher price for a big profit.

Identity Theft

Identity theft fraud occurs when a victims identity is assumed by another to obtain a mortgage without ever intending to make any payments on the loan. The perpetrators often abscond with a portion of the loan proceeds and sometimes are daring enough to lease the property and collect some deposits and rental income before disappearing.

The Buy and Bail

This completely new scheme is perpetrated by a home owner who cannot sell the home because more is owed on the property than its worth. Because no lender will provide the owner a loan for a second primary residence, the owner tells the lender that he or she plans to rent out the current home despite having no intention of doing so. Sometimes a falsified rental agreement is used to further support the falsehood. Once the second home is purchased, the owner bails on the original home and fails to make any further mortgage payments.

AVOIDING & PREVENTING FRAUD

Mortgage fraud frequently emanates from groups that complete an abnormal amount of similar transactions or churn out many offers to purchase at once. These outfits may appear disorganized or unprofessional due to the large amount of transactions they are attempting to manage. It is also no coincidence that mortgage fraud has significantly increased as housing values have decreased since most fraud schemes involve a financially distressed or otherwise vulnerable seller. It is equally important to remember that agents owe a very strict fiduciary duty to act in their clients best interests. So before reporting a client to your local authorities, speak with legal counsel or your state real estate licensing department to ensure that your proposed actions dont constitute a breach of your fiduciary duty to your client.

Real estate agents are in a unique position that enables them to identify and even prevent the occurrence of fraud by recognizing the red flags, asking appropriate questions, and giving the principals in their transactions the full picture of what consequences are associated with participating in mortgage fraud. While a lot of damage has been done in the real estate market, we can prevent more of the same from occurring in the future.

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A Closer Look at Police Technology

by Elizabeth Hall

Introduction

When we think of law enforcement officers of decades ago what readily comes to mind are the sheriffs of the Old West armed with a badge, a gun, and a deputy if he was lucky notes Foster (2000).  In modern policing there are sophisticated pieces of equipment developed by modern science and 

English: Mounted law enforcement (Photo credit: Wikipedia)

technology such as computers, software designed for specific functions to aid in investigation, radar, breathalyzers, thermal imaging systems, digital cameras, crime mapping tools and even our own cell phones and devices to investigate, obtain warrants, and convict criminals. With these advances in technology there are distinct advantages to an investigation, however there are also distinct disadvantages, as criminals have access to some of these tools as well (Knetzger, M. & Muraski, 2008).  In this paper we will discuss the advantages and disadvantages of computers and software has on law enforcement, along with some examples of how technology has been utilized both for and against law enforcement investigations. 

Advantages of Computers and Software in Investigation

Foster (2000) holds that during the Community Policing Era law enforcement technology turned to computers to aid in the new style of policing America.  These technologies added tools such as 

Seal of the National Crime Information Center (NCIC), USA. — “Servicing Our Citizens” (Photo credit: Wikipedia)

Computer Aided Dispatch (CAD), the National Crime Information Center (NCIC), Enhanced 911 systems, and even the Automated Fingerprint Identity System are some of the real tools that law enforcement have at their disposal.  Schultz (2008) also lists technological tools that have enabled law enforcement to have information and databases at their disposal even when in their cars, and those that replace officers altogether such as cameras that record graffiti and vandalism, and photo enforcement systems which allow for crimes to be reported automatically in cases of vandalism or traffic violations, which the agency can then send out a traffic ticket complete with photo of car as proof or feed the data about the vandalism complete with photos in the their computers to aid in the investigation and apprehension of the vandals.  Thermal imaging cameras allow officers to monitor for suspects, number of people in the building, detect possible narcotics growing operations, and gather other data from afar gaining them the advantage of surprise when it is time to apprehend the criminals (Schultz, 2008). All of these tools allow for faster, safer law enforcement intervention into criminal investigation by shaving time off of individual evidence identification, suspect identification, dispatch of personnel, and validity of evidence in the courtroom by providing allowable visual evidence, or by allowing law enforcement to gain knowledge without detection by the criminals.    

Disadvantages of Computers and Software on Law Enforcement

While there are advantages to law enforcement with the advancement of technological tools, there are also disadvantages, as criminals have access to computers and software as well (Knetzger, M. & Muraski, 2008). What makes it particularly disadvantageous to law enforcement is that by the nature of the internet and global accessibility these crimes are not impossible, but very difficult to trace.  Often crimes are committed from another country and prosecution requires multiple country cooperation to investigate and prosecute criminals.  Another difficulty is funding, as technology is always updating, and law enforcement budgeting may not allow for the rapid replacement of equipment, particularly in smaller agencies. What makes it particularly disadvantageous to law enforcement is that by the nature of the internet and global accessibility these crimes are not impossible, but very difficult to trace. With the technological advances of the computer and the ease of use of the internet, transnational and national criminals take advantage of these tools every day (Knetzger, M. & Muraski, 2008). 

Ways to Utilize Technology to Commit a Crime

Criminalscan use computers and cell phones to commit fraud, identity theft, scams, hacking, stalking, bullying, harassment, child pornography violations, child enticement, narcotics distribution and manufacture, cell phone fraud, terrorism and even last but certainly not least, organized crime (Knetzger, M. & Muraski, 2008).   Deirmenjian (2002) speaks of the ease which pedophiles can trade, sell or buy photos, belong to private forums, groups and chat rooms, and generally indulge in their fantasies.  A simple thing as email can be used in the commission of cyberstalking, harassment, or even to used to threaten someone, along with scams designed to gain personal information or funds from a person by proclaiming they won the lottery, are due an inheritance, have governmental oversight funds to disburse, or a sick relative, which are known as advance fee scams.  Identity fraud is also connected with this as some of them ask you for personal information which can then be sold or utilized later.  Organized crime groups can sell stolen merchandise, narcotics, monitor their gambling and loan sharking operations, and even recruit members over the internet (Knetzger, M. & Muraski, 2008).  

Case Example of Criminal Enterprise with Computers

The Federal Trade Commission (FTC) (2012) reports that a large ring of Tech Support Scams was discovered originating out of India which they are launching a major offensive and have succeeded in locking the assets of at least six enterprises.  The criminals use phones and computers to commit the crimes by posing as legitimate telemarketers from major companies, talking unsuspecting victims into believing that their computer needs to be rid of spy and malware.  The victims would then

English: Washington, D.C. headquarters of the Federal Trade Commission. (Photo credit: Wikipedia)

 pay fees to the fake company representatives to allow them to then remotely access their computers and “fix” the problem.  With fees ranging from $49 to $450 per fix, they would direct the consumer to a software download allowing them to remotely download useless or free programs to the consumer machine (FTC, 2012).   

Case Example of Computers Aiding in Solving Crimes

Deirmenjian (2002) cites several cases where pedophiles were arrested and their own computers were not only utilized in the criminal activity, but also aided in the investigation of the crimes.  For example, a thirty eight year old male pedophile was caught trying to set up a meeting with a 13 year old girl, which turned out to be an officer posing as that minor.  He was caught when he turned up for the meeting.  Another case was that of a murderer out on parole who thought he was communicating with a mother who would allow him to sexually assault her teenage daughters.  Imagine his surprise when he landed back in jail for that one due to the anonymity of the internet, and his inability to control his impulses.

Conclusion

Technological advances in society have had both positive and negative effects on law enforcement in this country, although there have been huge strides in the positive effects (Foster, 2002).  Even though the commissions of some crimes are aided by the use of software, computers, and the internet, often these same tools can aid in the investigation, arrest, and prosecution of crime.  The benefits of information sharing between our law enforcement agencies through databases like AFIS and CODIS, the fingerprint and DNA databases, crime and criminal information such as that found on NCIC, and advances in technology such as vandalism systems and photo enforcement systems save our officers time and keep them engaged and in action at the same time by making information available to them in their cars at their fingertips instead of in a records room sorting through fingerprint cards.  This far outweighs the disadvantages the criminals pose.

References:

Deirmenjian, J.M. MD, (2002).  Pedophilia on the Internet.  Journal of Forensic Science, Sept 2002.  Vol 47, № 5.  Retrieved From: http://www.hawaii.edu/hivandaids/Pedophilia_on_the_Internet.pdf

Federal Trade Commission, (FTC), (2012).  FTC Halts Massive Tech Support Scams.  Retrieved From: http://ftc.gov/opa/2012/10/pecon.shtm

Foster, R.E. (2000). Police Technology. Upper Saddle River: Pearson Prentice Hall

Knetzger, M. & Muraski, (2008).  Investigating High-Tech Crime.  New Jersey Prentice Hall, Pearson Education.  ISBN:  0-536-08577-3

Schultz, P.D., (2008).  The Future is Here: Technology in Police Departments.  The Police Chief, vol. LXXV, no. 6, June 2008.  Retrieved From: http://www.policechiefmagazine.org/magazine/index.cfm?article_id=1527&fuseaction=display&issue_id=62008

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Best ways to make money - Business - Business Ideas

Money is any object or record that is generally accepted as payment for goods and services and repayment of debts in a given country or socio-economic context. The main functions of money are distinguished as: a medium of exchange; a unit of account; a store of value; and, occasionally in the past, a standard of deferred payment. Any kind of object or secure verifiable record that fulfills these functions can serve as money.Money originated as commodity money, but nearly all contemporary money systems are based on fiat money. Fiat money is without intrinsic use value as a physical commodity, and derives its value by being declared by a government to be legal tender; that is, it must be accepted as a form of payment within the boundaries of the country, for "all debts, public and private".The money supply of a country consists of currency (banknotes and coins) and bank money (the balance held in checking accounts and savings accounts). Bank money usually forms by far the la rgest part of the money supply. money is everything in this world right now.with money want we want buy, we can easygoing buy what we want.In the past, money was generally considered to have the following four main functions, which are summed up in a rhyme found in older economics textbooks: "Money is a matter of functions four, a medium, a measure, a standard, a store." That is, money functions as a medium of exchange, a unit of account, a standard of deferred payment, and a store of value.However, modern textbooks now list only three functions, that of medium of exchange, unit of account, and store of value, not considering a standard of deferred payment as a distinguished function, but rather subsuming it in the others.There have been many historical disputes regarding the combination of money's functions, some arguing that they need more separation and that a single unit is insufficient to deal with them all. One of these arguments is that the role of money as a medium o f exchange is in conflict with its role as a store of value: its role as a store of value requires holding it without spending, whereas its role as a medium of exchange requires it to circulate.[5] Others argue that storing of value is just deferral of the exchange, but does not diminish the fact that money is a medium of exchange that can be transported both across space and time. The term 'financial capital' is a more general and inclusive term for all liquid instruments, whether or not they are a uniformly recognized tender.

n economics, money is a broad term that refers to any financial instrument that can fulfill the functions of money (detailed above). These financial instruments together are collectively referred to as the money supply of an economy. In other words, the money supply is the amount of financial instruments within a specific economy available for purchasing goods or services. Since the money supply consists of various financial instruments (usually currency, demand deposits and various other types of deposits), the amount of money in an economy is measured by adding together these financial instruments creating a monetary aggregate.Modern monetary theory distinguishes among different ways to measure the money supply, reflected in different types of monetary aggregates, using a categorization system that focuses on the liquidity of the financial instrument used as money. The most commonly used monetary aggregates (or types of money) are conventionally designated M1, M2 and M3. These are successively larger aggregate categories: M1 is currency (coins and bills) plus demand deposits (such as checking accounts); M2 is M1 plus savings accounts and time deposits under $100,000; and M3 is M2 plus larger time deposits and similar institutional accounts. M1 includes only the most liquid financial instruments, and M3 relatively illiquid instruments.Another measure of money, M0, is also used; unlike the other measures, it does not represent actual purchasing power by firms and households in the economy. M0 is base money, or the amount of money actually issued by the central bank of a country. It is measured as currency plus deposits of banks and other institutions at the central bank. M0 is also the only money that can satisfy the reserve requirements of commercial banks.

Currently, most modern monetary systems are based on fiat money. However, for most of history, almost all money was commodity money, such as gold and silver coins. As economies developed, commodity money was eventually replaced by representative money, such as the gold standard, as traders found the physical transportation of gold and silver burdensome. Fiat currencies gradually took over in the last hundred years, especially since the breakup of the Bretton Woods system in the early 1970s.

Commercial bank money or demand deposits are claims against financial institutions that can be used for the purchase of goods and services. A demand deposit account is an account from which funds can be withdrawn at any time by check or cash withdrawal without giving the bank or financial institution any prior notice. Banks have the legal obligation to return funds held in demand deposits immediately upon demand (or 'at call'). Demand deposit withdrawals can be performed in person, via checks or bank drafts, using automatic teller machines (ATMs), or through online banking.Commercial bank money is created through fractional-reserve banking, the banking practice where banks keep only a fraction of their deposits in reserve (as cash and other highly liquid assets) and lend out the remainder, while maintaining the simultaneous obligation to redeem all these deposits upon demand.Commercial bank money differs from commodity and fiat money in two ways, firstly it is non-physical , as its existence is only reflected in the account ledgers of banks and other financial institutions, and secondly, there is some element of risk that the claim will not be fulfilled if the financial institution becomes insolvent. The process of fractional-reserve banking has a cumulative effect of money creation by commercial banks, as it expands money supply (cash and demand deposits) beyond what it would otherwise be. Because of the prevalence of fractional reserve banking, the broad money supply of most countries is a multiple larger than the amount of base money created by the country's central bank. That multiple (called the money multiplier) is determined by the reserve requirement or other financial ratio requirements imposed by financial regulators.The money supply of a country is usually held to be the total amount of currency in circulation plus the total amount of checking and savings deposits in the commercial banks in the country. In modern economies, relative ly little of the money supply is in physical currency. For example, in December 2010 in the U.S., of the $8853.4 billion in broad money supply (M2), only $915.7 billion (about 10%) consisted of physical coins and paper money.

many people outside there get their money problem.this article i wrote just want to share about how other people success make their own side income just stay at home, not resign their job, not spend many time to this program.

When gold and silver are used as money, the money supply can grow only if the supply of these metals is increased by mining. This rate of increase will accelerate during periods of gold rushes and discoveries, such as when Columbus discovered the new world and brought back gold and silver to Spain, or when gold was discovered in California in 1848. This causes inflation, as the value of gold goes down. However, if the rate of gold mining cannot keep up with the growth of the economy, gold becomes relatively more valuable, and prices (denominated in gold) will drop, causing deflation. Deflation was the more typical situation for over a century when gold and paper money backed by gold were used as money in the 18th and 19th centuries.Modern day monetary systems are based on fiat money and are no longer tied to the value of gold. The control of the amount of money in the economy is known as monetary policy. Monetary policy is the process by which a government, central bank, o r monetary authority manages the money supply to achieve specific goals. Usually the goal of monetary policy is to accommodate economic growth in an environment of stable prices. For example, it is clearly stated in the Federal Reserve Act that the Board of Governors and the Federal Open Market Committee should seek "to promote effectively the goals of maximum employment, stable prices, and moderate long-term interest rates."[34]A failed monetary policy can have significant detrimental effects on an economy and the society that depends on it. These include hyperinflation, stagflation, recession, high unemployment, shortages of imported goods, inability to export goods, and even total monetary collapse and the adoption of a much less efficient barter economy. This happened in Russia, for instance, after the fall of the Soviet Union.

In the US, the Federal Reserve is responsible for controlling the money supply, while in the Euro area the respective institution is the European Central Bank. Other central banks with significant impact on global finances are the Bank of Japan, People's Bank of China and the Bank of England.For many years much of monetary policy was influenced by an economic theory known as monetarism. Monetarism is an economic theory which argues that management of the money supply should be the primary means of regulating economic activity. The stability of the demand for money prior to the 1980s was a key finding of Milton Friedman and Anna Schwartz[35] supported by the work of David Laidler,[36] and many others. The nature of the demand for money changed during the 1980s owing to technical, institutional, and legal factors[clarification needed] and the influence of monetarism has since decreased.See also

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Taking a Bite Out of Crime With Radio Frequency Identification (Rfid)

Introduction: The CSI Effect

The debate rages on about old versus new media, with many media commentators claiming that network television is itself dead. These critics are certainly right in one regard, as curiosity is indeed rising among the viewing public in the dead. This is evidenced by the fact that the most popular scripted series shows in American television this decade belong to what is commonly referred to as the CSI (Crime Scene Investigation) franchise. What began as one show in 2000 (CSI) has now expanded into three separate weekly series, all on the CBS Television Network: the original CSI, set in Las Vegas, CSI: Miami, and CSI: New York.

CSI and the field of criminal science has become a cultural and legal phenomenon in the United States. The CSI franchise itself has morphed into video games, comic books, serialized novels, and even kids toys, including a juvenile DNA Lab and forensics kit. There has also been increased interest in forensic science careers and education, prompting new training programs at both the college and even high school levels focused on criminal investigations. Today, there is even a recognized phenomenon in legal and law enforcement circles commonly referred to as the CSI Effect.

With the popularity of not just the CSI shows, but other crime-related television series, including Crossing Jordan, Silent Witness, and the NCIS and Law & Order franchise (which both now include three series each), there is growing awareness and sophistication amongst the American public about criminal investigations and forensic science.

As a consequence, in real courtrooms, juries are now expecting to see real, forensic evidence not just testimony and circumstantial evidence - to prove guilt in serious criminal cases. This means the bar has been effectively raised to prove a defendants guilt by television shows that show crimes where there are typically a relative abundance of blood, hair, and various body fluids, as well as bullet fragments and shell casings, left at every crime scene. Further, as we have seen a number of high profile cases reversed after having DNA evidence to prove a convicted persons innocence, there is a growing sense that forensic evidence is truly the key factor underpinning todays criminal justice system. However, the CSI effect is not without its critics in both academic and legal circles. This is due to what they perceive as the disconnect between the idealized world of television crime scene investigations and what occurs in the real world. And what happens in the real world is often far, far less organized than what is expected and needed in todays world of CSI-enhanced world of criminal justice.

Evidence Handling 101

There is no setting in the private or public sectors where a verifiable chain of custody is more essential or more lacking than the handling of evidence in criminal cases. In the United States, the legal system is dependent on the proper handling of all forms of physical evidence from bodily fluids to cigarette butts to guns, knives and weapons of all sorts. Such evidence must be managed from its retrieval from the actual crime scene through storage (with handling by police investigators and both criminal prosecutors and defense attorneys) until the items of evidence are presented in court if and when cases actually go to trial often times several years after the crime has occurred. Thus, all law enforcement agencies from local police and county sheriffs to and state and federal agencies - must be concerned with the chain of custody as they collect, register, store, ship and track the evidence in their possession for criminal cases. Ensuring that this very unusual sup ply chain from origin in the field to use in the courtroom is secure and verifiable has been categorized as one of the fundamental responsibilities of law enforcement agencies one that underpins the effectiveness and accuracy of the criminal justice system.

However, most U.S. law enforcement agencies today have evidence handling systems that remain largely unchanged from the 1950s. Most police departments simply have an evidence room (and for agencies in larger cities, this room may be a whole warehouse). There, evidence is stored for possible use in investigating and prosecuting criminal cases often needing to be retained for years and handled by numerous hands in that time period. These critical items are managed most often using paper-based systems, often without computerized inventorying and logging of evidence being checked in and out of the area.

Not only are such manual evidence tracking systems time and labor intensive for police officers, they are prone both to inaccuracy and errors and to intentional misuse and abuse. Criminal cases have had to be dismissed before going to trial or lost in the courtroom due to critical items of evidence simply being lost in the evidence room. Likewise, all across the country, cases have been brought against police officers for internal theft of valuable items such as narcotics, guns, jewelry, electronics, and cash stolen from evidence storage facilities. Also, when police agencies do conduct manual inventories of their evidence rooms, they are often surprised at the items that are not found and confounded by some of those that are some dating back to cases that are decades old items that should have long ago been returned to their rightful owner, or else, sold at auction, donated to charity, or simply disposed of after the case they were being held for had been adjudicated. And surprisingly, there has been very little use of new technology in this area, with many agencies just now moving to hybrid systems (with computerized databases fed by manual record keeping) and very few bar code based evidence tracking systems on the market today.

RFID is on the Case

This sounds like a job for RFID (radio frequency identification), and today, there are several American firms that are looking to automatic identification technology as a way to reinvent the evidence management and tracking process. With RFID-based systems, they can offer law enforcement agencies for really the first time the prospect of having an electronic, verifiable chain of custody for evidentiary items in criminal cases vital for conducting criminal investigations and prosecutions in the CSI-influenced world of American justice. Such systems also hold forward the prospect of not just more effective evidence management internally within a single agency, but new possibilities for bringing visibility and connections to what have been heretofore the ultimate information silos with each separate police department having its own, often non-computerized and accuracy-challenged evidence tracking system in place.

The leading players in this market to date include:

Each markets variations on the same idea RFID-based tracking of evidence from the point of collection in the field to the evidence storage facility and tracking all movements of such articles throughout their life span as items involved in active criminal cases. Passive labels or tags are can be applied at the crime scene, with location and date/time data being recorded through the use of either RFID readers or PDAs equipped with GPS. When the items are brought in from the field, they are held in a secure space with fixed RFID readers monitoring the doorways of the evidence storage room or warehouse or even subspaces within them. Hand-held readers can then be used to locate items within the evidence facility. The systems work with either proprietary inventory management systems and/or standard database software to provide constant inventory reporting capabilities, along with the ability to create an electronic chain of custody report for individual pieces of evidence to kn ow where and when items were viewed or moved in a criminal investigation. As smart cards and electronic IDs are integrated into police agencies, the who actually handled the item can be automatically recorded without any human intervention as well.

All three firms systems while relatively very new are gaining traction in the law enforcement marketplace, with each having multiple agencies using their respective tracking systems, and each having its own unique features. For instance, the handheld reader used in the QuickTrac system not only tags the evidence on-site, but captures a digital photo of the item in the field. Intelligentzs Clues system includes the option of using active tags to track higher value whether monetary or case-critical in nature in the evidence storage facility. As such, the system can send alerts to supervisors if such high-security evidence is moved without authorization even within the room or warehouse.

Analysis

What does RFID evidence tracking mean for the future of law enforcement and criminal justice and the RFID industry? Certainly, the timing of the convergence between the technological leap forward that RFID represents and the rising expectations in criminal justice due to the CSI effect will propel many if not most law enforcement agencies to have to seriously examine their evidence tracking processes. This should bode well for these early entrant RFID integrators that are pioneering auto-ID technology in the law enforcement area. However, it will likely mean that we could see bigger RFID players also enter the law enforcement vertical as a new growth market for their own hardware, software and services or through market consolidation.

If there is movement toward standardizing RFIDbased evidence management protocols and further sharing of information between law enforcement agencies databases, this could usher in nothing less than a new era in policing. Michael Lucas, the founder and CEO of Intelligentz, recently described his vision for how such standardization and interlinking of law enforcement evidence management systems might work: Having multiple agencies using a unified chain-of-custody application would create an unprecedented level of crime scene visibility. Lucas emphasized his point by illustrating that: A size 5 glove found at a crime scene in one city might match the same type of glove found in another state. Without using such a system, theres no easy way to link those pieces of evidence. So, over the next decade, RFID will likely play an increasingly vital role in helping to piece the puzzle together to help solve crimes by improving evidence collection, management, and tracking capabilities creating new opportunities for the RFID industry in the process and not just in the U.S, but around the world as the power of the CSI effect goes global.

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Biography

David C. Wyld () is the Robert Maurin Professor of Management at Southeastern Louisiana University in Hammond, Louisiana. He is a management consultant, researcher/writer, and executive educator. His blog, Wyld About Business, can be viewed at /. He also serves as the Director of the Reverse Auction Research Center (/), a hub of research and news in the expanding world of competitive bidding. Dr. Wyld also maintains compilations of works he has helped his students to turn into editorially-reviewed publications at the following sites:

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Effective Tactical Analysis for Robbery Investigations

by Elizabeth Hall

Introduction

City X is besieged by multiple daytime robberiesinvolving multiple jurisdictions in the city. In the last year statistics show a 20% increase in robberies in general.   In order to effectively deal with this crime problem this agency will discuss what investigative steps should be taken to identify the sources of the problem.  We will also discuss what technological assistance may be needed; we will analyze the patterns of robberies committed during the day time, and come up with a plan for synthesizing the data.  After the patterns are identified and the data is synthesized we can decide what investigative units, equipment, and supplies are needed.  Once all of that is decided, we will look into acquiring funding to implement our strategic plan to reduce the daytime robberies in City X, and hopefully apprehend the person or persons responsible for the robberies.

Human blood droplets. An example of a forensics photograph of an imitation crime scene. A scale by a common object (United States Quarter) has been used. (Photo credit: Wikipedia)

Investigative Steps

When analyzing patterns and trends in crime there are several investigative steps that can be utilized to identify the source and implement strategic steps to deal with the trends (Bruce, Hicks, & Cooper, 2004). These are,

1.      Review police reports from all jurisdictions

2.      Re-interview any witnesses found in the police reports

3.      Review all forensic evidence from the cases found within the police reports.

4.      Review any camera footage captured at the scenes.

5.      Review the tactical analysis of the police agencies within the city’s multiple jurisdictions for trends and similarities they have already found.

6.      Synthesize the data for easier review by querying the robberies and organizing the data by details such as MO, time of day, or location.

7.      Map the offenses

8.      Determine if we can borrow any manpower from the agencies involved.

9.      Call agencies surrounding the city to determine if there are any increases in their areas.

10.  Look at any zoning changes, large population changes, or new businesses that could be affecting the rates of these crimes.

The effective utilization of these investigative steps will allow us to step back and develop strategical plans to effectively use our resources as wisely as possible (Bruce, Hicks, & Cooper, 2004).

Technological Assistance

Police agencies have come a long way since the days when everything was hand written and gone over piece by piece as noted by Foster (2000).  Some of the technical assistance that will be utilized in this strategic plan are fairly new tools brought on by the technological advances made with the invention of computers.   AFIS and NCIC are two databases maintained by law enforcement nationally which allow agencies to compare both arrest records and fingerprints to quickly locate matches or suspects recently arrested or released.  There will also be use of the Uniform Crime Report Data, and NIMBRS both which record incident reports.  Another technological tool that can be utilized is Geographical Information Software (GIS) that allows for analysts to create complex mapping data (International Association of Crime Analysts, (IACA), 2012.   

Analyzing the Robbery Pattern

The S.A.R.A. model of analytics is often used in law enforcement (Neighborhood Association of Michigan, 2000). There are four steps in this model, scanning, analyzing, response and assessment. Scanning is where you identify the problem, analyzing of course is where the raw data comes in.  Response is the strategic plans that are put into place, and assessment is where you decide if your plan is effective.  The first step in analyzing the robbery pattern is the gathering of raw data.  The data will be the police reports and tactical reports from the individual jurisdictions.  We will have to get them from each jurisdiction individually, and we need to examine at least the last five years to determine levels of change (Bruce, Hicks, & Cooper, 2004).

GemIdent analyzing results using data analysis and visualization tools (Photo credit: Wikipedia)

Synthesizing the Data and Data Conclusion

The next step would be to synthesize the data to get what we are looking for easily.  What this means is taking out the data that is not needed in order to look at the particulars of the crimes we are interested in.  Once the data is synthesized we would interview any witnesses listed in the individual robbery reports, go over any forensic evidence collected to see if anything was missed that could help, and review any camera footage for the same reasons (Bruce, Hicks, & Cooper, 2004). Effectively we can measure the rate of change by dividing the number of robbery crimes by the population for each year looked at which would give us a per person comparison (Siegel, 2010). 

We can also measure the percentage of change in the last five years of robbery crimes by calculating the new data minus the old data, divided by the old data which would give us the percentage of change in robbery crimes. When we get the data the most effective way to manage this is to create a spreadsheet or database with all of the crime information by jurisdiction.  We can then drill down to separate the robberies from all of the other crimes reported.  The best way would be to arrange the data so that it can be sorted by jurisdiction, type of robbery, time of day, MO, and location, which will allow us to separate the data we are looking for easily (Bruce, Hicks, & Cooper, 2004).

What we have found through this process is that there is an increase in all jurisdictions of property crimes in general and robberies have increased in the areas located on the major highway that runs through all of them.  The data shows that the city population has doubled from five years ago, and convenience store robberies account for most of the increase.  This coincides with the increase in these types of businesses as the neighborhoods have grown considerably.  The robberies were committed by different Part of the solution is to increase patrols, and maintain a higher police presence in the neighborhoods, at least until we can get the problem contained. 

Investigative Units Needed

In order to effectively execute our strategic planning we needed to use several different investigative units.  These are comprised of the individual crime analysis units of the jurisdictions, the investigative units of each jurisdiction, regular beat cops, and of course the forensics team.  The solution requires us to hire more patrol units, at least two per jurisdiction.  Each patrol unit is comprised of two officers, so we will need a total of ten new officers for the city.

Metro Transit Police (Photo credit: cliff1066™)

Equipment and Supplies Needed

To complete our evaluation of this problem, we needed GIS software to aid in our crime mapping, and computers to crunch the numbers and save us time.  We also used database software such as Goldmine in all of the jurisdictions to effectively be able to keep records management.  Microsoft Access is also useful in crime analysis and is used in many police organizations by their crime analysis units.  None of these software packages are effective if the persons using them are not trained, so we have to have training programs available as well (IACA, 2012).  In our strategical solution we need to hire more patrol officers to maintain a high police presence.  This also requires that we have more patrol cars and more spots in the training facility for law enforcement officers.

Acquiring Funding

When agencies need more equipment or personnel they must apply for grants or funding from agencies designed or this usually associated with the Department of Justice.  There are programs within the Office of Community Policing for funding equipment and personnel increases that can be applied for such as the Cops Hiring Program, and the Community Policing Development program (COPS, 2013).  The National Institute of Justice offers funding programs and grants for equipment purchases such as the Justice Association Grant Program which applies funding for equipment purchases and new personnel.  There is also programs for transferring federal surplus property to state and local agencies at the National Institute of Justice (n.d.).

Conclusion

3201 S Halsted's Traffic Analysis Zone (Photo credit: Steven Vance)

When looking at crimes from a law enforcement perspective, crime analysis units provide the most effective information.  This is because it is their job to keep track of the data collected and to provide the agencies with reports and planning to deal with the crime problems of the jurisdiction.  In this essay we looked at the robbery pattern of City X, and discovered that the population has had an explosion, along with the increase of robbery crimes.  The recommendation is to hire more patrol personnel to ensure a high police presence in the areas affected by this population increase. To do this we need to apply for funding with an agency such as the National Institute of Justice or the Office of Community Oriented Policing Services to afford the equipment and extra personnel needed to curb this problem. 

References:

Bruce, C.W., Hick, S.R., & Cooper, J.P. (2004).  Exploring Crime Analysis Reading on Essential             Skills.  International Association of Crime Analysts.  Overland Park, KS.

Community Oriented Policing Services, (COPS) (2013).  Grants and Funding.  Retrieved From: http://www.cops.usdoj.gov/default.asp?item=46

Foster, R.E. (2000).  Police Technology.  Upper Saddle River: Pearson Prentice Hall

International Association of Crime Analysts (IACA), (2012).  GIS Software Requirements for Crime Analysts: Standards, Methodology, & Technology (SMT) Committee White Paper. Retrieved From http://www.iaca.net/Publications/IACA

National Associations of Michigan, (2002). What is S.A.R.A. Problem Solving? Retrieved From: http://www.a2gov.org/government/safetyservices/Police/Documents/SARA%20problem%20solving%20sheet.pdf

National Institute of Justice, (n.d.).  Funding for Equipment.  Retrieved From: http://www.nij.gov/funding/equipment-funding.htm

 Siegel, L.J. (2010). Criminology: Theories, Patterns, and Typologies. Tenth Edition. Belmont: Wadsworth Cengage Learning.

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Whistle-Blowers And The Law

This is generally done where the interest of the public is involved. This is particularly true where the projects are financed by the tax payers money. Another definition made by investigators in the field is the disclosure by organization members (former or current) of illegal, immoral or illegitimate practices under the control their employers to persons or organizations that maybe able to effect action.

The term whistle blowingis a universal phenomenon. A person goes public with the claims usually after failing to remedy the matters from the inside, at great personal risks to themselves. The person making the said allegations is termed as the whistleblower. Whistleblowers cannot remain silent and usually speak out on the face of improper behaviour. A person is termed as a whistleblower only when he/she discloses serious malpractices. India too has witnessed the appearance of whistleblowers from V.P.Singh to Manoj Prabhakar to P. Dinakar. Such practices range from corruption and fraud in defence procurement to cheating and plagiarism in scientific research. It is in this context that a whistleblower or whistle blowing is differentiated from other related practices such as in-house criticism, anonymous leaks etc.

Object and consequences: Since the primary object to be achieved by the disclosure of a malpractice is to awaken the public about the wrongful acts of an organization, it also serves the purpose of filling in gaps or overcoming any lacunae which might have occurred due to inefficiency on the part of the corporation. Also, the goal is to stop the improper actions, penalize the wrongdoers and redress or compensate any victims, if any. This forms a reform perspective, in which the solution to problems is to replace corrupt people with honest ones and to establish good processes for monitoring and dealing with problems. The consequences suffered by a whistleblower after he discloses the information to the public is generally grave and irregular. It varies from ostracism to blacklisting. A whistleblower is subjected to numerous acts of cruelty ranging from petty harassment, spreading rumours, formal reprimands, transfer, suspension and can also become targets of termination. This is commonly termed as Sh oot-the-messenger syndrome, though not many whistleblowers are physically shot, barring a few exceptions like Satyendra Dubey.

Taking the example of Frank Serpico, who joined the New York Police Force in 1960, where payoffs and kickbacks were rampant in the department at that time. When he refused to take the money, his fellow officers saw him as a potential danger. He approached the New York Times after his complaint about the corruption prevailing in the NYPD was ignored by the Police Commissioner and the Mayor. As a result of this brave act he became a target of his colleagues and criminals who tried to terminate him. The disclosure lead the then-Mayor John Lindsay to create an independent committee, the Knapp Commission, to investigate Police corruption in the NYPD. On June 18th of that year, Serpico testified against a former partner. Death threats continued and it all came to a head when he was shot point blank in the face while making a drug bust in Brooklyn. His colleagues did not call for help. He resigned from the force on June 15, 1972 and was awarded a medal of honour for conspicuous bra very and action.

Also, when Jeffrey Wigand simply told the truth, about what he saw and experienced as the head of research and development for Brown & Williamson Tobacco Corporation (B&W), the country's third largest tobacco company- How the company misled consumers about the highly addictive nature of nicotine, how it ignored research indicating that some of the additives used to improve flavour caused cancer, how it hid and encoded documents that could be used against the company in lawsuits brought by sick or dying smokers. Wigand too become a victim of his honesty as he amid lawsuits, countersuits and an exhaustive smear campaign orchestrated by his company, Wigand lost his family, his privacy and his reputation. His wife divorced him, and their two daughters went to live with her. Despite these consequences he made front page news when he revealed that his former employer knew exactly how addictive and lethal cigarettes were. He delivered an impressive deposition in a Mississippi courtroom that eventually lead to the tobacco industry's $246 Billion litigation settlement. This story lead to the making of a critically acclaimed movie called, The Insider, starring Russell Crowe.

Even in India when G.R. Khairnara middle ranking public servant was reinstated at a time when he only had a month of service left before retirement. The object of pro-longing the appeal was to keep him out of service for most of his productive years.

This is generally the fate of those who decide to stand up against the system. Instead of evaluating the information provided by the whistleblower, the full power of the organization is turned against him. Whistleblowers are generally hardworking, conscientious employees who believe in the system. It is only when they see that there has been grave malpractice, they speak out in the expectation that their complaint will be treated seriously. When they are attacked instead, they seek immediate relief from some higher body that will dispense justice. But it has often been observed from experience that formal channels are part of the problem. The reason behind this is that Appeal bodies are part of the system and usually seek or reach accommodation with other powerful groups. Hence, such bodies are hesitant to provide protection to whistleblowers who are employees of certain major organizations. Ideally, a government department and certain enterprises should voluntarily establish an internal procedure for whistleblowers as a matter of best practice. Providing for a speedy remedy within the organization is to be preferred for a number of reasons. Perhaps the foremost of these is that internal procedures may form part of a strategy to remove the stigma associated with justifiable cases of whistleblowing.

Employee's duty: In this regard an article published in Fortune, noted that 200 major U.S. Corps have recently appointed ethics officers, usually senior managers of long experience, to serve as ombudsmen and encourage whistleblowing. But this is highly dependent upon the truth in the statement made by the whistleblower. The individual who is making the disclosure must have sufficient information. If not, this can lead to consequences such as sound co-operative relationships in the organization can be unduly damaged Using force can contribute to an atmosphere or belief culture that the only way to get things done is through force. As noted, it would be considered as a mistake to think that the whistle blowing as a forcing strategyexhausts the opportunities for making an appropriate response to wrongdoing. The ideal framework is likely to include a combination of both internal and external reporting agencies. This will result in establishing guidelines that help to differentiate between circum stances when it is proper to utilize internal mechanisms or those when recourse should be had to an external agency. This however is inadvertently dependent upon whether or no the whistleblower should go public. There would seem to be a consensus of opinion that in circumstances where public exposure can be justified by an overwhelming and immediate concern for the public interest, such as when public safety maybe at risk or when there is no other alternative.

It is also required from employees that they should, as a matter of duty, be bound to disclose information or evidence in support of any acts of corruption. Therefore, the question arises of whether or not there should be a positive duty to report wrongdoing. It is worth noting that many corporations have now introduced codes of business conduct. The code of one such company Coca-Cola Amatil has the following provision:

Each employee shall be alert to any action or omission in Connection with his or her work which might constitute a violation Of this Code, shall attempt to prevent Code violations and shall Take prompt corrective action necessary to remedy and prevent any Recurring violation of this Code. Where personal corrective action is not possible or practicable, the employee should immediately bring the matter to the attention of his or her supervisor, the functional Executive Director or the Managing Director.

It goes on: Any failure by an employee to report a Code violation in accordance with this Code section shall itself constitute a Code violation. Also, legislative provisions such as Section 11 of the Independent Commission Against Corruption Act, 1988 (NSW) impose duties on certain officers to report incidences of suspected corruption.

Role of the media: The media can play an essential role in uncovering and reporting on cases where a person commits the offence of taking detrimental action against another person making a protected disclosure. As such the media would be taking a positive position in the task of whistleblower protection. Circumstances maybe as such that may arise where it is essential that the public be informed immediately of the allegations made by a whistleblower. The Electoral and Administrative Reform Commission in Queensland (EARC) has taken the view that whistleblowers should not be protected after disclosing information to the media except where there is a serious, specific and immediate danger to the health or safety of the public It is also argued that, except in circumstances such as these outlined above, a whistleblower who goes to the media should bear in mind the consequences of that decision. The public interest is served, in part, by the ability of the media to help to ensure that matters of concern are given proper attention and to act as an additional safety net lest important matters be set aside.

Lawyer's duties: Recent corporate scandals in the U.S. brought the role of accountants-and lawyers- into sharp focus. Many felt that with accountants, securities, lawyers were also responsible for the irregularities committed. Lawyers were, or should have been aware of the illegalities their corporate clients were perpetrating at the expense of shareholders, employees and creditors. It was time to bring them under direct suspension.

For example, The Sarbanes-Oxley Act, 2002thus required the U.S. Securities and Exchange Commission to prescribe minimum standards of professional conduct for securities lawyers. A particular requirement was to have a rule necessitating lawyers who practice before the SEC (representing issuers) to report evidence of a material violation of securities law or breach of fiduciary duty "up the ladder" to the company's Chief Legal Officer (or both CLO and CEO), audit committee, (if there is no audit committee), to another committee composed solely of independent directors; and if none, to the full board of directors. The aim is to make sure that lawyers' in addition to accountants and company executives' do not violate the law and ensure that the law is being followed.

The rules take an expansive view of "appearing and practicing" before the SEC. Attorneys must report evidence of a material violation by the issuer or any officer, director, employee or agent of the issuer. This reporting must be "up the ladder", as discussed above. At each stage, there must be categorical responses from the issuer. An outside attorney who has not received an appropriate response and reasonably believes that a material violation is ongoing or is about to occur and is likely to result in substantial injury to the financial interest or property of the issuer or the investors must forthwith withdraw from representing the issuer, notify the SEC of the withdrawal ("noisy withdrawal") and promptly "disaffirm" any tainted submissions.

Should whistleblowers be protected? It has often been argued whether protection should be given to whistleblowers or not. However, it seems that in light of the unfortunate detriment action being taken against any whistleblower has resulted in a public outcry for immediate relief from arbitrary actions being taken by public and private persons. The following examples establish sufficient evidence of the necessity for enacting legislations:

The following experience from an American study is fairly typical of the long-term impact of whistle blowing. In 1973 Joseph Rose became an in-house attorney for the Associated Milk Producers in San Antonio, Texas. He discovered illegal contributions to the committee to re- elect President Nixon. He reported his findings internally and was rejected. He knew that he could be implicated in a criminal conspiracy as the Watergate saga was unfolding, but, equally, disclosure could lay him open to charges of violating attorney /client privilege. Thirty-five years old with five children and an ill wife, he was dismissed for raising his concerns, losing not only his job and undermining his financial security, but also, he was deliberately isolated in the community where his erstwhile employers had enormous influence. Having acted from ethical and professional considerations, he was shunned by other attorneys and blacklisted across the United States. Some years later he managed to establish a private practice and when a favourable article about him appeared in the Wall Street Journal new clients sought him out. In 1987, almost 15 years after his ethical activities, finally, he was offered a job by another corporation.

India has also recently witnessed the murder of Satyendra Dubey, an IIT graduate who was assassinated as a result of disclosing in a letter addressed to the PMO about the widespread irregularities and corruption that NHAI officials and contractors were engaged in. his request for keeping his identity secret was duly rejected by the officials. Dubey ended up paying with his life for drawing the PMO's attention to the corruption in the system. It is suspected that the contractor mafia was behind his killing. The PMO could have averted his death if they had kept his identity a secret, but denied the request. A public interest litigation filed in the Supreme Court has sought the setting up of an enquiry commission. According to reports, over the past decade, 57 engineers have been killed. It is important that the government takes steps to protect whistle blowers. In 1999, Prime Minister Atal Behari Vajpayee had advocated a Whistleblower Act. Although such legislation found support with the Central Vigilance Commission and the Constitutional Review Commission, the proposal remains in cold storage to date. Public outrage has now prompted leaders across political parties to express support for legislation to protect whistleblowers.

Two years after the murder of the IIT graduate, Satyendra Dubey, pressure from the Supreme Court which heard the PIL on the Dubey murder case, the NDA government announced an interim arrangement to protect whistleblowers pending the enactment of a law.

On 3rd March, 2006, The Whistleblowers (Protection in Public Interest Disclosures) Bill, 2006 was introduced to provide for protection from criminal or civil liability, departmental inquiry, demotion, harassment and discrimination of whistle blowers, i.e., the persons who bring to light specific instances of illegality, criminality, corruption in any Government, public or private enterprise. However the bill is yet to be passed and assented to by the President.

Every Nation or Commonwealth Parliament should legislate to protect bona-fide whistleblowers. Legislation may have both negative and positive elements:On the positive side: 1. Recognize the role of bona fide whistleblowers, 2. Promote the establishment of 'internal' mechanisms by which relevant issues of concern might be reported and addressed define the conditions under which a disclosure might be protected and 3. Any principles / prohibitions relating to the maintenance of confidentiality, 4. Establish a framework to ensure that those subject to complaint or allegations are treated according to principles of natural justice.

On the negative side: 1. Create an offence of engaging in acts of recrimination against a bona Fide whistleblower, 2. Fix penalties for such an offence.

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