LEGAL
In my career as a special agent in the Federal Bureau of Investigation (FBI), which spanned parts of four different decades, I witnessed an evolution in both the criminal and the investigator's tradecraft. Bank robberies, for example, were spur-of-the-moment, high-risk, low-reward, often unplanned crimes. White-collar criminals, many of whom were con men, traveled from city to city, swindling their victims, usually with suave and sophistication, using documents they were able to create themselves. Corrupt public officials used basic quid pro quo schemes in exchanging favors for influence. The investigator collected available evidence and over time pieced together the modus operandi and eventually made the case. It was an old-fashioned style of investigations and it was mostly, if not all, done in a reactive fashion.
Over the last four decades, technology advancements have had a major impact on society, but not all in a positive way. The criminal element has embraced technology as a more sophisticated tool to commit their crimes. The criminals themselves are no longer just street thugs. They are highly educated, highly skilled craftsmen who strive to pull off "the perfect crime."
In 2008, a global flash mob of ATM thieves netted $9 million in fraud against ATMs in 49 cities around the world – all perpetrated in less than one hour. According to Department of Justice statistics, in 2010, mortgage fraudsters, also using technology to pull off their crimes, cost the United States approximately $10 billion in losses. Other frauds, such as tax refund fraud, are gaining in popularity and in some circles, outpacing traditional drug trafficking. Even corrupt public officials are changing the way they do business, often employing sophisticated methods, involving international allies, and hiding assets abroad under assumed identities. Traditional organized criminal enterprises, once renowned for their extortion, gambling and racketeering, are now turning to such crimes as healthcare fraud. Let us not forget that 15 million people a year fall victim to identity theft. There remains quite a lot to investigate.
About the only thing which remains constant from "yesterday's" investigator is their use of the human source. Most everything else has changed, and investigators and the investigations they oversee have struggled to stay ahead.
As a young FBI Agent, I learned much from the seasoned investigator who was adept at developing the human source and who was skilled in interview and interrogation techniques. Back then, those skills were the paramount ingredients for success. On one particular day I was challenged by a senior agent to find a fugitive before he could. While the senior agent drove around Southern California with a list of addresses for the fugitive's relatives and associates, I consulted a new tool that provided me a fresh address courtesy of a public records database. The fugitive was in custody by the time the senior agent returned to the office.
Conversely, later in my career, I sought the help of a younger agent, adept in cyber skills. Within the hour, the younger agent tracked the cyber criminal and located his base of operations – and an arrest soon followed. To my amazement, the younger agent was unable to engage the criminal during the interview phase. He simply lacked the experience of interpersonal skills. Today's investigator needs a broad-based combination of education and experience to achieve true success – using both interview and interrogation skills and the ever-evolving cyber skills.
If there is a theme for today's investigations, it would be to remain proactive rather than reactive. Investigators need to expect and prepare for the cyber intrusion, the potential for economic espionage, the identity thief, or any one of the vast array of the 21st century criminal's nefarious acts. The investigator needs to be better educated, better equipped, and should have fresh, pertinent skills relative to his/her area of investigation. No longer are we in the pay and chase, or react mode. It is all about fraud prevention, with the use of proactive investigative techniques, like the use of undercover operations or access to the latest data. Intelligence is a crucial component to today's investigator.
Investigators have been traditionally insular, especially within their sectors. The public/private alliance is gaining popularity in recent years. In my last position with the FBI, I led the Bureau's intelligence exchange with corporate America. The combined intelligence resources of several facets of the federal government with hundreds of companies in corporate America led to an unprecedented treasure trove of intelligence regarding today's criminal element, the net intelligence proceeds of which were used to further enhance the investigative ranks in both the public and private sectors.
Your investigative ranks may or may not include the acronyms of ASIS, ISMA, CFE, CPP, CPI, IACIS, etc. There are many more. If your organization lacks these and other similar accreditations, you may find yourself and your company reacting to crimes committed by today's sophisticated criminal. Choose your acronym, embrace technology, develop your skill sets, be proactive and engage in partnerships. Whether you are investigating fraud, doing vendor screening, trying to collect on a debt, preventing workplace violence or thwarting the next white- collar crime – how you investigate and what you use to do your investigations will help your organization mitigate risk.
Daniel DeSimone is Sr. Director of Investigative Resources for Thomson Reuters. Dan served for more than 23 years in the Federal Bureau of Investigation. He was a field special agent for 12 years before holding key leadership positions with the FBI's Criminal Investigative Division, Undercover and Sensitive Operations Directorate and the Domestic Security Alliance Council. Today he works with Thomson Reuters' corporate and government partners, helping them use CLEAR® data to make key, critical decisions.
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