Initial Responders

First Responders are good but they can’t do it all

FBI Lends a Hand

It was reported by USA Today that the FBI is going to deploy 200 agents across the nation to train local police departments in the latest tactics for responding to active shooters.  This ambitious effort is aiming to deliver training to some 30,000 police officers who may have to protect schools, businesses or other public places from these actors.  

Review and Study

The impetus of the training is in part due to the horrifying events at Newtown in 2012 but it is also the result of a 14 year study that indicated a definite uptick in the number of active shooter incidents across the United States.

More than target practice

The training is two days in length and has been developed in partnership with Texas State University. It includes tactical content as well as emergency medical response skills.  The overall desire is to get officers to run toward gunfire as quickly as possible and neutralize the threat.

Odds are against

While this effort is no doubt beneficial and someday may save lives, it must be understood that most shooting incidents end before law enforcement can intervene.  The FBI’s study revealed that the shooter either kills himself or is stopped by a bystander two-thirds of the time.

Life saving skill

This ratio was not lost on CSI when it was developing the Sensible Solutions school safety program. Included in the program is the concept of Initial Responder which is based on the premise that bystanders were likely going to bear the burden of effective action against a shooter.

Know your role

Dr. David Benke - Initial Responder
http://www.dailycamera.com/

In every institution where Sensible Solutions is deployed, the Initial Responder has a job.  That job may be to do nothing more than hide.  However, this is critical because it creates an orderly response to a chaotic event.  The program identifies other Initial Responders who have the capacity – mental and physical – to carry out jobs that not everyone can do.  Some may be tasked to intervene while others lead the herd to safety.  It all depends upon the individual and the inherent characteristics of the venue that defines the role of the Initial Responder.

Plan on stepping up

Fortunately, in the United States, we are blessed with top flight First Responders.  And programs like the one the FBI is rolling out will undoubtedly build upon their preparedness.  However, First Responders have limitations and one of those is the time they need to react.  The gap must be filled by those who are caught in the crossfire.  It would seem that given the percentages, bystander preparedness training must also be included in any security program.  

The Odd Couple

Justice and the Rule of Law

It was a good idea at the time

In the wake of the upheaval of the Ferguson decision, I thought it would be good to go back and look at the definitions of justice and the rule of law.  It seemed to me that refreshing my memory on these notions would help me put the case into perspective.  However, I was soon reminded that these concepts are attempts to define things that are not only asymmetrical but are also constantly changing.  Further, the intersection of the two don’t necessarily integrate like a glove fits a hand.

Surprised, but not pleasantly

The good news is that the review has helped me put the case into a framework I can grapple with, albeit not in the form I thought would emerge. Instead of rigid and clearly defined “rules” I came away with a more philosophical perspective.  The downside of that is that my practical side was left wanting.

History speaks

One quote jumped out during my research was taken from the Federalist Papers.  James Madison wrote: “If men were angels, no government would be necessary.  In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”

I’m no angel

This is quite the challenge, given that no men are “angels” as Madison asserts. And certainly what constitutes an angel can be debated ad nauseam as well. What was clearly on display in Ferguson was a challenge for the fallen angels involved to live up to a standard of morality.  As a citizen, Brown was expected to obey the officer’s commands.  As an agent of the government, Wilson was expected not to usurp the rights of Brown.  As we all know, things went horribly wrong.

Served but…..

www.eurweb.com

So what about Ferguson….was justice served? The rule of law prevailed as the grand jury system worked.  The evidence was methodically scrutinized and it did not generate an indictment of the officer. The morality of the times prevailed.  But did the system serve the needs of the community?  The perception of minority oppression by police remains, despite the process having produced a predictable outcome.  While this remains a formidable issue, in a larger sense, the protests of this tragedy transcended racial and minority misgivings and remind all Americans that our government must be "obliged to control itself".    

Assurances of control

Already the future of policing is likely to be impacted.  The President suggested funding body cameras for police officers so that video and audio recordings can be captured as they discharge their duties. While it seems that Madison's astute observation is being acknowledged, one wonders if this will ensure the equitable administration of justice or diminish the effectiveness of police.

Pandora was here

More questions than answers were generated which, I suppose, is the nature of law.  What is certain; however the future is uncertain.  History shows us that the legal system changes to meet the needs of the time.  What then, will the changes end up being in the wake of Ferguson?  Consider some definitions of Justice as you ponder:

Jus-tice (Noun)

1. The quality of being just; righteousness, equitableness, or moral rightness;
2. Rightfulness or lawfulness, as of a claim or title; justness of ground or reason
3. The moral principle determining just conduct.
4. Conformity to this principle, as manifested in conduct; just conduct, dealing or treatment.
5. The administering of deserved punishment, reward
6. The maintenance of administration of what is just by law, as by judicial or other Judgment of persons or causes by judicial process

Preventing The Effects of Moral Decay

Stopping Sexual Assaults By Teachers

In October this year, a 22 year old female substitute teacher at a D.C. school was accused of engaging in a sexual act with a student.  It wasn't the first and certainly won’t be the last sexual assault by a teacher on a student.  However, the circumstances surrounding this event warrant a closer examination.  The mix of social media, the mutual seduction and the brazenness of the sordid affair make this case troublesome for educators as a massive civil claim was filed against the school as a result.

The back story

Bad Teacher

www.dailymail.co.uk

According to the newspaper account, the 17 year old student, who was a football player, was helping this teacher on her first day on the job in his capacity as an office assistant.  The student admitted to flirting with the teacher and he was able to obtain her phone number.  Later, the student texted her asking if she was “kinky”.  The teacher replied to the effect that she would not say but rather she would “show” him.  What happened next is truly disgusting.  The student made his way to the teacher’s room during a school wide pep-rally where she performed oral sex on him behind the desk.  The student also recorded the event and then shared that video with others including students on the football team.  

Disbelief

It is probably true that electronic media has contributed to the hyper-sexualization of the population, young and old.  Pornography and sexting have exploded into the lives of almost everyone who owns a smart phone. There seems to have been no gradual shift into this brave new world and it has caused a lot of problems.  To wit:  The long held trust that teachers would nurture and protect children from harm has been assaulted by this trend.  To say that what happened at this D.C. school is depraved and immoral is an understatement.  Yet, as teacher-student sex becomes more frequent, the outrage becomes less intense.  

Backlash

Despite the sexualization trend and the soft response to it, the moral responsibility of educators in a position of power over children has not changed.   Regardless of the student’s flirtatious behavior and his instigation of the event, the teacher is the only one to blame here.  Certainly, any teacher who fails this morality test must be excluded from the profession.  But in this case, her actions may turn out to be a costly one for the school.  

Ownership 

So what can schools do about mitigating their exposure to such destructive and immoral behavior by their staff?  Judging someone’s moral character usually takes some time of getting to know them but when it comes to employees, the best screening includes some form of background check.  Here are a few things to consider: 

• While criminal checks are relevant and valuable, not everyone of questionable moral character has a criminal record.  
• A secondary and often overlooked public record check is found civil court records.  Here, you will find a broad array of filings that can help paint a detailed picture of someone’s past and possible future intentions.  
• Turn the tables on social media and use it mine information on your candidate.  A lot can be learned from just a few pictures.  

From full time staff to volunteers, the prudent school administrator must consider utilizing comprehensive background checks in their candidate selection process.  Parents are counting on schools to protect their children from threats of all kinds, including persons of questionable moral character.  

Above and Beyond

The changing duties of the modern educator

First Love

I am not a teacher but if I were to guess, I’d say folks choose this profession because they literally love of something associated within the discipline.  And when I say love, I mean passionate love.  Not just a passing fancy but a real connection to something so deep and innate that it often cannot be verbalized to someone who is not an educator.  I say this because I believe that even to be a mediocre teacher an extraordinary level of dedication and drive is required.  Teachers pack more time, energy and effort into nine months than most people can generate in twelve.  There has to be a reason for this seemingly counterintuitive behavior and the only thing I can figure is that it is based on love.  What else drives people to such extremes other than survival itself? 

The Path

http://www.mlive.com

For many, the call to become a teacher leads one to college to be trained on the basics of a subject and teaching methodology.  This is a noble pursuit and colleges are quite capable of delivering entry level teachers to the workforce.  These neophytes are equipped to manage classrooms, deliver curriculum, educate and inspire which is what you would expect of a teacher.  What teacher colleges probably don’t teach very thoroughly is how to handle the wide variety of issues that walk through the doors of the school each and every day by the students themselves. It would be impossible to do so but there is no doubt that teaching is only one part of the job and unfortunately, that is the only part for which you earn a degree.  

Higher Calling

Ideally, a majority of a teacher's time should be spent on delivering services to students.  Whether it be content or skills, the time needed to effectively transfer concepts and ideas cannot be compromised or the teaching and learning will be compromised.  Schools, with their varied delivery models, logistics, diverse student needs and everything else that goes along with it are complicated machines.  Coordinating all these variables to ensure a viable education is nothing less than a high wire act.  Now, add to that the school’s duty to protect the students and educators.  Given the environment for many districts, the time and effort dedicated to this chore has consumed resources to the point of tipping the emphasis away from education itself. 

What to do?

When CSI set about devising a comprehensive approach to school safety and security, the authors took great care to consider the role of teachers, administrators and other school staff in the solution.  Knowing teachers are life long learners, (by law and by passion) the program leveraged this attribute by incorporating a significant educational component to those charged with care and protection of our nation’s children.  Sensible Solutions, the name of the program, delivers significant classroom and on-line training for educators which is designed to enable them to make meaningful contributions to the safety and security of their schools.  This is an often overlooked component of a security program and goes well beyond physical security and reactive measures yet it necessarily merges with and strengthens all components.    

What we found out

In implementing this program, we learned that the educators who go through the training come away with a tangible sense of empowerment.  They receive relevant information that gives them a new perspective on the science of violence, prevention, investigations, law enforcement, use of force, threat assessment and action planning.   They learn skills and gain an understanding of things they could never learn during their teacher training yet these tools are invaluable to ensuring an emphasis toward delivering services and not toward reacting to violence and other disruptions.  

Hungry to learn

As times change, and increasingly complex and potentially volatile issues enter schools, ensuring that learning remains the focus is critical.  A proper reaction to the paradigm shift is necessary to ensure that students get educated.  We observed that teachers are very eager to learn these skills and have the knowledge and programs in place to help students overcome violent propensities as well protect those around them.  Not surprisingly, they are passionate about protecting as well as educating their students.

Gangs & School Violence

Trends show changes in gang influences that cannot be ignored

Application delta

When considering plans to address school violence, the influence of gangs cannot be overlooked. Their impact on students is palpable in the decisions they make and the people they associate with. Gangs utilize violence for a myriad of reasons, most of which is to further their goals.  Like anything else, change is constant and gang behavior evolves as well. Unfortunately, a disturbing transformation has been observed in the way gangs apply their brand of violence that should be noted by schools.

The gang expert

Richard Garland

When CSI developed their Sensible Solutions school safety and security program, they enlisted the help of experts from a variety of fields including academia and law enforcement.  One contributor had a very unique and invaluable experience that was brought to the table and incorporated into the programming of this protocol.  Richard Garland, was a notorious gang member in Philadelphia at the height of the gang problem.  As a result of his actions, he forfeited over 20 years of his life to incarceration.  The good news is that Garland has put that life behind him and has moved on in a very positive way.  CSI consulted extensively with him during the development of the Sensible Solutions concept.

In the trenches

Garland earned his master’s degree in social work and is currently a visiting instructor at the University of Pittsburgh Graduate School of Public Health - Center for Health Equity.  In his capacity there, he researches gang violence, how it can be understood and ultimately how it can be prevented. Garland spends a lot of time gathering data from gunshot victims who are in the hospital recovering from gang inflicted wounds.  He seeks to understand the impetus of each event and as he does this, he gains first hand intelligence about the movements and motivations of gang members.

A terrible turn

From recent observations, Garland noticed concerning changes in the way gangs administer violence.  One of the observations has been the willingness to utilize violence against previously taboo targets.  In his time as a gang member, Garland recalled how no one would go after someone’s mother or their children.  Now, this has changed.  There is now a willingness to do things that were once considered “off limits” by gangs.

Taking advantage

What may be driving this trend is another observation he has uncovered. Garland noted that gangs are increasingly utilizing younger kids to do the most violent acts. He has encountered several instances where money was given to a young teen to perform a “hit” on someone much older than themselves. The solicitor of the hits are often in their late 20’s or early 30’s. These older influencers know that young kids are easily swayed by their age and status. And because of their youth they are capable of extreme violence with little or no reflection about the consequences.

You see it every day now

This movement toward youth can be seen in relationships forming in schools. Now, it is common to see underclassmen associating with upperclassmen. Gangs have discovered that younger kids will do just about anything for recognition and status and that can be achieved by doing unspeakable things for their older influencers.

Public policy and public housing

Another trend noticed by Garland has been the migration of gang members. He sees one reason for this movement is the closing of public housing facilities. As a result, gang members are moving to rent districts that previously did not have the direct influence of gang members in their communities. This has caused an influx of drugs, prostitution and the associated violence to move into areas unaccustomed to this effect. For schools, it is widely understood that whatever is happening in the community is ultimately brought through their doors. Knowing that this is happening, confronting this change should be a concern for school administrators.

Tough situation

Another side effect of the migration of housing changes is the intermingling of rival gangs. When one housing complex closes, people are often moved into available housing in a rival’s area. This has created tremendous tension and for the children caught up in this situation, they often find their lives to be very transient and fraught with violence. Again, these experiences are brought into schools on a daily basis.

Stepping up and providing solutions

To say the least, Garland’s work is invaluable to the development of violence mitigation and prevention measures. His life experience ranges from one end of the spectrum to the other and that wisdom is now being utilized for the greater good. Garland’s contribution to the Sensible Solutions protocol will certainly help school districts understand the how’s and why’s of gang influences and ultimately help them keep their schools safe.

Eye Witness Testimony

Modern Understanding of the Brain Changes Court Rules

As seen on TV

It is dramatic when an eye witness picks someone out of a line up.  You see it on TV and you think it works that smoothly in the modern world.  For sure, line-ups are still used but maybe this technique will begin to fall out of favor as it is revealed how flimsy eye-witness testimony can be.  As our understanding of human functioning increases, backed by scientific research, we are finding that our memories are more fallible than once perceived.

Brains are not computers

gadgetadda.com

One such theory of how memory fails us is something called Source Confusion.  This happens when we recall something incorrectly and the source of the error is attributed to some other real experience we had that was similar or familiar. Psychologists explain that the brain does not store and recall images and memories like a computer does.  It is not that simple.  Rather, there are many factors that cause the storage and recall of images and events to be altered.  These may include the length of time the event was observed, the lighting, the speed of the event, and its distance from the observer.  Also, emotional factors play a part in how brain storage and recollection is carried out.  Stress, anger, apathy, etc can alter the event in ones mind.

The eyes have it

Another revealing phenomenon that shows how eye-witness recollection is unreliable is the proliferation of surveillance cameras in public and private settings.  A recent case in Pittsburgh shows how a public library camera exonerated a robbery suspect.  While cameras help increase positive identification of suspects, they also are becoming good sources of alibis.

Cameras are good for business

The story also reveals that the robbery victim may have suffered some sort of Source Confusion as he accused a regular patron as being the robber.  Maybe if the shop owner had a camera in his store they would have caught the right guy and he wouldn't have lost a good customer in the process!

A major ruling for the good of both sides

The increasing evidence that points to the inherent weaknesses in eyewitness testimony has caused changes in the way law enforcement and prosecutors must now present their cases.  There are now only three states which ban testimony by experts who testify about eyewitness testimony.  In May, Pennsylvania joined the majority of states who allow this type of expert testimony which will inform jurors of the limits of eyewitness testimony.  The ruling will continue the trend of cases built on science based evidence.  

Science fact

Just as DNA evidence has become the gold standard for scientific proof in the courtroom, the next breakthrough may come in the form of validating eyewitness testimony that is true and correct.  Right now, that may be the stuff of science fiction but people commonly wearing micro-cameras may not be far off. Google glasses are an early entry into that market and as privacy concerns decrease, they may be more commonplace.  Someday, the images they capture may be routinely admitted into evidence. "I told you so”, said George Orwell.

Angry Employees

Services Private Investigators Can Provide When Employees Pose a Threat

Cornered and Scared

Employees can get backed into a corner when their perception (true or false) is that they are going to lose their job or are going to be disciplined from an employer.  People react differently to adversity.  Some do well and handle tough news appropriately.  Others yell and argue but it is really just barking without the bite.  And then there are others who perceive a great injustice befell them through no fault of their own.  These may be the employees who pose a threat to the company and their co-workers.

Who are these people? 

http://menalive.com/

Socially, these people may be perfectly functional.  They are able to get along with others and may even be leaders.  But just below the surface lies a crippling character flaw.  This flaw leaves them fragile as a result of rejection of one sort or another.  They basically cannot handle what life throws at them.  This trait was recently on display in California where a troubled young man evolved into a mass murder.  By his own admission, his ego could not handle being rejected by females and as a result, he could not cope with it.  This is certainly one of many factors of his personality but probably contributed to his actions.

The big clue

Of course this is an extreme case of violent reaction and there is no doubt about this person’s historical mental trouble.  However, there is something to learn from active shooter behavior which could benefit business leaders when trying to discern dangerous employees.  While there is a continuum of fragility and a person’s capacity to act out, one key to look for is an enduring and consuming grievance they are dealing with.  This trait is manifested in an escalation of behavior which can be detected if you are tuned in.  Suffice to say, the biggest clue is that these people often broadcast their intentions prior to causing problems.

Semper Paratus (Always Ready)

While it can be scary to think that you may have someone capable of murder lurking within your ranks, it should be pointed out that the probability of workplace shooters remains low.  While you should always consider this possibility, know there are more frequently occurring types of violent behaviors which work place managers must contend with.  These risks need to be addressed as both a probability and a reality.  Training, preparation and consulting with professional help when developing plans of action are always recommended.

Help is available

Here are come common services provided by professional investigators to companies that suspect potential employee violence or disruption when termination or discipline is dispensed.

• Background research – This passive option is used to find out what may be lurking in public records or in social media that may provide insights into motives and potential behavior.  
• Investigation – This active option is often overlooked. Talking with the subject, his co-workers, family and neighbors may best be handled by someone representing the interests of the company.  
• Security presence – Having security on-site at critical junctures, either overtly or covertly can provide peace of mind and confidence for those company officials carrying out the necessary actions.  And if something does go awry, the protection is there, just steps away.  
• Surveillance – Often, after an employee is let go, his actions are observed for a few days to make sure he is not planning on coming back to cause chaos.  
• Executive Protection – This goes beyond the protection of company executives but may may also be extended to their family members if the situation is deemed serious enough.  
• Police Liaison – Coordination with local law enforcement is enhanced by professionals who know how to communicate in the language police speak.  It also frees the company to concentrate on the business side of things while receiving concise updates of police activity or requests through the investigator.    

Threat Assessment

Schools need mechanism to capture what is obvious and what is obscure to be safe

Another name added to the list

John David LaDue of Waseca, Minnesota was recently added to the list of infamous names associated with school massacres.  Fortunately, LaDue did not kill anyone and did not even fire a shot but alas was charged with attempted murder in the first degree.  And had it not been for the watchful eye of a suspicious adult, the teen likely would have progressed a lot further in his detailed plot to commit horrible crimes.

Mixed Traits – Mixed Signals

Several accounts cited information about LaDue that suggested he fit the profile of someone who may be at risk for destructive behavior.  Those attributes includes an affinity for guns, a fan of violent movies and authors of dark subjects.  He was also routinely seen practicing hatchet throwing at a tree in his front yard.  But on the flip side, this 17 year old was a high school honor student, held a job, had friends and was allegedly close with his older sister.

Suspect memorialized his intentions

http://www.startribune.com/

Facts obtained from the police investigation revealed a very dark and dangerous person who appeared to be intent on pulling off another Columbine style attack.  He had guns and bombs in his room and more bombs and materiel in a storage facility.  Most damming was a 180 page diary that not only detailed his intentions which included killing his family and creating a fire as a diversion but also showed an affinity for the Columbine killers and even planned to strike on the same date (April 20th) as they did.  

Did the adults miss the signals?  

LaDue’s father who was interviewed in a local paper indicated he was dumbstruck by his son’s dark side.  He was very open about his parenting of his son and by his account, acted reasonably in his upbringing.  LaDue was a good student and did not get into trouble which led the elder LaDue to provide his son with some latitude.  He did claim to check his internet browsing but stopped short of searching his room. That being said, the school superintendent indicated that LaDue was not unknown to them and that people made lots of contact with him and they tried everything possible to build relationships with him.  This is sort of a cryptic comment and the context in which it was said was not exactly known but it does raise the specter that LaDue was known to administrators for nefarious reasons.

The Missing Piece

But for some incredible luck and a citizen willing to make the effort to report suspicious behavior, the ending of this story may have been tragically different.  Clearly, luck is not going to win the day all the time.  There needs to be something beyond metal detectors and locked doors for real school security to be comprehensive.  A critical piece of the solution may lie in the creation of well trained Threat Assessment teams.

A serious commitment to safety and security

A Threat Assessment team is designed to be that place where intelligence is gathered, plans are formulated and actions are initiated.  All of its efforts are designed to intercept violent actors and prevent them from carrying out plans of destruction and mayhem before they happen.  They are also there for providing the help that students and families need to overcome these tendencies.  Threat Assessment teams are different from Student Assistance Programs but share a similar structure in that they require a school district to buy into the concept, make teachers and staff available to participate, allow time for training and meetings and to ensure that they are a visible and active part of school functioning.

Not an impossible mission

A very big lesson learned from tragedies in the past was that there was a connectivity gap between adults, both at home and at the school, and their students.  The creation of an inclusive environment is a necessary element for safe schools and establishing connections is a critical component of that concept.  In addition to the ability to investigate and formulate action plans, the Threat Assessment team would need to ensure the link between adults and students so that signals and threats are captured, quantified and acted upon.

Bent Minds

A criminal psychologist identifies traits of psychopathy and asserts some characteristics may be useful

Secret Looking Glass

One of the best skills an investigator can have is an innate ability to read people.  And what reading a person is exactly may be debatable.  Suffice to say, this ability affords some with being able to see through disguises or to unconsciously detect unseen clues about the true nature and motivations of people. Sure, some skills related to understanding the behaviors and intentions of people can be taught but when it comes to this so called sixth sense, it is truly a gift.

Advantage for the good

The investigator who can capture some hidden essence about a subject, whether it be a client, witness or suspect, gains an invaluable upper hand. With this feeling or intuition, the investigator realizes a great vision which allows for maneuverability when aptly applied.  The investigator is able to avoid pitfalls and dead ends and it may help with quickly finding the truth.

Advantage for the not-so-good

Interestingly, persons diagnosed with psychopathic tendencies may also possess the characteristics of someone who can effectually read people.  In a recent article about the work of Professor Robert Hare who is a criminal psychologist, he identifies a set of attributes psychopaths typically possess. One of which was the ability to be cunning and manipulative.

Tables turned

Dr Hare’s research indicates psychopaths somehow know what you’re feeling, but are unable to feel it themselves.  And because of this, psychopaths can understand what you’re thinking and can use you against yourself because they don’t care.  This begs the question: What does the investigator do when confronted with someone who is more cunning and manipulative than you?

Test yourself

According you Dr. Hare, you or someone you know could fall on the psychopathy spectrum.  The characteristics of a psychopath, as identified by Dr. Hare are listed below.  Score it 0 if it does not apply, 1 if it partially applies or 2 if it fully applies.

1. Glibness and superficial charm  

   

   http://jurisprudenceinquiry.blogspot.com/

2. Grandiose sense of self-worth 
3. Pathological lying
4. Cunning/manipulative 
5. Lack of remorse 
6. Emotional shallowness 
7. Callousness and lack of empathy 
8. Unwillingness to accept responsibility for actions 
9. A tendency to boredom 
10. A parasitic lifestyle 
11. A lack of realistic long-term goals 
12. Impulsivity 
13. Irresponsibility 
14. Lack of behavioral control 
15. Behavioral problems in early life 
16. Juvenile delinquency 
17. Criminal versatility 
18. A history of “revocation of conditional release” (i.e. broken parole)
19. Multiple marriages 
20. Promiscuous sexual behavior

According to Dr. Hare a “pure, prototypical psychopath would score 40. A score of 30 or more qualifies for a diagnosis of psychopath.”

Use it to your advantage

Dr. Hare goes on to assert that some psychopathic traits can be beneficial.   For example, being cunning and manipulative can certainly a desirable attribute, especially if you are a professional investigator.  But is being cunning and manipulative the same as having the ability to read people. From an intent perspective, both afford the ability to gain the upper hand. The difference lies in how the person being read suffers from the encounter.

Match of wits

Not every interviewee will be a game of high stakes chess like Clarice versus Hannibal in the Silence of the Lambs.  But, if Dr. Hare’s assertion is true and there is a spectrum of psycohpathy, then it would be incumbent upon the investigator to seek out these signs in the people they encounter.  While only a professional can label someone a psychopath, the astute person can certainly read the tea leaves and leverage that information to their advantage.  Is that psychotic or what?

The Crime-Business Balance

Is it responsible to ignore crime if you think you have a just reason?  

The Cost

http://www.standard.co.uk/

Business operators look at risks and decide how much of it to tolerate. Part of tolerating a certain amount of risk can also mean revealing a willingness to take losses for the sake of generating sales and absorbing market share. This balance is famously summed up as "the cost of doing business." This cost is typically measured in dollars but to gain those dollars, you have to give something up.  What that something is may not be quantifiable but it is real.  Such is the nature of risk taking.

Fight or Flee

A trade-off lumped into "the cost of doing business" is tolerating a certain amount of crime.  We commonly hear of employee theft or shrinkage.  We hear of malingering and filing false worker's compensation claims.  Not every loss due to crime can be stopped but for the most part, they are confronted and mitigated everyday by professionals who work hard to protect their business from this financial erosion.  These issues exist as a result of criminal behaviors of individuals and to ignore these issues, would be ruinous. Anything less than a total concerted effort stop this behavior is not the norm. Unless, however, that effort to stop the behavior impacts market share. Take for example, the interesting decision by Microsoft to cease internal investigations related to theft for the sake of market share.

Investigation Compromised Business

Not long ago, Microsoft uncovered the theft of a source code for one of their products.  They were able to track down the source of the leak through an internal investigation.  The Microsoft investigators "cracked" the case by legally accessing a Hotmail account of someone involved in the scheme.  An ex-Microsoft employee was subsequently charged in Federal court for this theft of a trade secret.  Despite the investigative success, the case revealed Microsoft's access to and review of their customer's Hotmail account.  Despite this practice being the legal right of Microsoft, the appearance of backlash over the perceived privacy violation resulted in a policy change at Microsoft. So, instead of conducting their own internal investigations involving stolen property (intellectual or physical) the company "will refer the matter to Law Enforcement if further action is required."

Law Enforcement to the Rescue

By passing investigations along to law enforcement, Microsoft is banking the invasion of their customer's Hotmail accounts via search warrant will deflect any ill will toward the company as they would have to be compliant with the law.  This makes it sound better to the privacy concerned customer and Microsoft sees itself as being on the moral high ground of the privacy issue.  It really reveals how much Microsoft perceives privacy to be a critical market share driver.  This is where the trade-off for this policy change gets dangerous. Regardless of their motivation for the change Microsoft is also gambling that the public servants in Law Enforcement can adequately protect their intellectual secrets.  This is a tremendous vote of confidence for local law enforcement and hopefully, for Microsoft's sake, they have the talent and resources to do the job.

One Risk for Others

Even if law enforcement is up to the task, this shift in policy still leaves gaps. For one, Microsoft is potentially giving up critical time by passing this along. Law enforcement, no matter how much access they have, will still not be as quick to respond as company investigators.  Another issue would be this knowledge is now known to criminals. They know where the weakness lies and have gained valuable time to move information out of the company. Finally, and most importantly, what if a criminal act impacts the stability of a platform?  Microsoft may have the ability to stop this issue but because of an internal policy, they pass it to an outside source.  In the mean time, a critical event occurs and a system is compromised.  Hopefully, Microsoft built protections into their policies and procedures to prevent this from happening.

Win - Win?

In the end, "the cost of doing business" is a slippery slope especially when it comes to finding a balance between market share and tolerated losses.  It is revealing how privacy issues in the marketplace have altered this equation. What may be lost are the voices of those customers who would rather lose a certain level of privacy to ensure a stable service from a company that does not yield to criminals for the sake of market share.

The Undercover Option

Covert Investigators Can Solve Big Problems, Save Money and Save Lives

Undercover Boss takes role too far

http://articles.latimes.com/

In an amazing story of brazenness, it was reported this week that the CEO from the sporting goods chain, Modell’s, himself, was accused of industrial espionage.   Mitchell Modell was alleged to have donned a disguise, assumed the identity of a Dick’s Sporting Goods executive, concocted a story and got into restricted, competitive information at a Dick’s store in New Jersey. Competition is a good thing but there are limits.

Covert tools have their uses

Certainly gaining restricted information under false pretenses from a competitor is a no-no.  However, what if the undercover operative is working for the company and not against it? Gathering intelligence on internal functions is a common practice.  There are numerous “secret shopper” services that go into establishments to evaluate customer service and to weed out corruptible employees. These options provide the business with good intelligence that can generate immediate opportunities for improvement. However, there are limitations to what theses offerings can provide.   Some business problems call for something a bit more involved.  

Deep cover

http://www.mediterraneanvilla.net

There are times when a business may require hiring an undercover investigator to resolve a problem.  These problems often involve drug use on the job or serious cases of employee theft or industrial espionage. When these situations arise, professional investigators are installed in the business to essentially spy on their colleagues and report back to the business what exactly is going on.  In addition to this option being effective, it is surprisingly cost effective as the undercover operative is integrated into the workforce and actually performs work for the company.

When drugs are not medicinal 

A common reason for deploying an undercover operative is to neutralize a drug problem.  Often business must deal lost productivity, accidents, addicted employees, questionable time off, and increased business costs. These problems may be linked to on the job use or even worse - an on the job dealer who has many co-workers addicted.  While drug testing may be an option to help mitigate this type of problem, there are cases where it is not realistic.  

How this works

When undercover investigators are placed into a business, a very small circle of people know about the operation.  Typically, this includes one executive and someone in the human resources area who can facilitate the operative’s paperwork.  The operative may assume a different name at the job and will have a well rehearsed back story that allows them to enter into the workforce without suspicion.  On drug cases, the undercover operative may work with local law enforcement to make controlled purchases of drugs once a dealer has been targeted and his/her confidence is gained.  Once the purchase is made, the dealer’s arrest is executed after the operative is pulled out.  At that time, the business is usually able to release the dealer from employment.

Outcomes

Certainly the removal of risky employees who cause problems for the business makes good dollars and sense. But on a more human level this action by a company sends a message that they are genuinely concerned for health and safety of their employees and will do what it takes to protect them and the business from failure.

Mental Illness, HIPPA and NICS

Health and Human Services Seeking Comments Before Modifying HIPPA Rules Concerning Mental Illness Reporting to Background Check System

National Instant Criminal Background Check System (NICS)

The NICS is a computerized system for determining eligibility to purchase a firearm in the United States. Federal Firearms License holders use the NICS to determine if they are able to sell a firearm to a prospective purchaser.  The program was created as a result of the Brady Handgun Violence Prevention Act of 1993 and is administered by the FBI.  Firearm sales can only be made if the buyer is not prohibited from buying a firearm under the Gun Control Act of 1968.

The sources of information in NICS

The information in NICS is obtained from the National Crime Information Center (NCIC) and the Interstate Identification Index (III).  NICS Index also contains information that may not be in the NCIC or the III systems. Information is gathered from local, state, tribal, and federal agencies of persons prohibited from obtaining firearms.

Reasons to prohibit purchases 

According to the FBI, Section 922(g) of the Gun Control Act prohibits shipping or transporting any firearm in interstate or foreign commerce, or receiving any firearm which has been shipped or transported in interstate or foreign commerce, or possessing any firearm in or affecting commerce. These prohibitions apply to any person who:

• Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year
• Is under indictment for a crime punishable by imprisonment for a term exceeding one year
• Is a fugitive from justice
• Is an unlawful user of or addicted to any controlled substance
• Has been adjudicated as a mental defective or committed to a mental institution
• Is an alien illegally or unlaw-fully in the United States or who has been admitted to the United States under a nonimmigrant visa.
• Has been discharged from the Armed Forces under dishonorable conditions
• Having been a citizen of the United States, has renounced U.S. citizenship
• Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner
• Has been convicted in any court of a misdemeanor crime of domestic violence

http://www.healthandfitnessvault.net/

Mental Health Exclusion

The NICS Section receives telephone calls from mental health institutions, psychiatrists, police departments, and family members requesting placement of individuals into the NICS Index. Frequently, these are emergency situations and require immediate attention. Any documentation justifying a valid entry into the NICS Index must be available to the originating agencies.

HHS seeks to clarify HIPPA rules related to reporting

Health and Human Services published a Notice of Proposed Rulemaking (NPRM) on January 7, 2014, to remove unnecessary legal barriers under the HIPAA Privacy Rule that may prevent states from reporting certain information to the National Instant Criminal Background Check System (NICS). The NICS helps to ensure that guns are not sold to those prohibited by law from having them, including felons, those convicted of domestic violence, and individuals involuntarily committed to a mental institution. However, the background check system is only as effective as the information that is available to it.

The goal is to remove barriers

On April 23, 2013, the Department published an Advance Notice of Proposed Rulemaking (ANPRM) requesting the public’s input on how HIPAA may affect some states’ ability to report to the NICS and ways in which these barriers could be addressed without discouraging individuals from seeking mental health services.  Over 2,000 comments were received from individuals, state agencies, health care providers, professional organizations, consumer advocacy groups, and other stakeholders.  After considering the public comments received, the Department developed a NPRM, which proposes to modify the HIPAA Privacy Rule to permit certain HIPAA-covered entities to disclose to the NICS the identities of persons prohibited by federal law from possessing or receiving a firearm for reasons related to mental health.

Would grant permission, not requirement, to submit minimum necessary

The proposal would give states and certain covered entities added flexibility to ensure accurate but limited information is reported to the NICS, which would not include clinical, diagnostic, or other mental health information.  Instead, certain covered entities would be permitted to disclose the minimum necessary identifying information about individuals who have been involuntarily committed to a mental institution or otherwise have been determined by a lawful authority to be a danger to themselves or others or to lack the mental capacity to manage their own affairs.  Importantly, the proposed permission focuses on those entities performing relevant commitments, adjudications, or data repository functions.  The proposed modifications would merely permit, and not require, covered entities to report to the NICS.  In addition, the proposed rule would not change the existing permitted uses and disclosures of protected health information under the HIPAA Privacy Rule.  The deadline for comment is March 10, 2014.

Cited Sources: http://www.fbi.gov/about-us/cjis/nics/general-information/nics-index

and 

http://www.hhs.gov/ocr/privacy/hipaa/understanding/special/NICS/

Child Sexual Exploitation

Guest Blogger and child sex crimes investigator, Tom Clinton, tells us what to do when confronted with this nightmare 

It is real and it can happen to anyone 

The sexual exploitation of children is a horrifying reality in our society. Whatever the causes, there is no excuse for the moral depravity that leads to the exploitation of the weak and vulnerable. Victims are too young to know they are being taken advantage of and lack the ability to react appropriately. Recently two stories came out where adults, victimized as children, revealed their torment.  Only after years of anguish and the courage found in adulthood could they confront their abusers.  One was the daughter of a celebrity who wrote an open letter about the abuses she suffered at the hand of her adoptive father.  The other was a mom who utilized You Tube to confront a former coach and teacher who took advantage of her through a position of authority.  Both victims alluded to thinking it was normal at the time it was happening when in reality, they were carefully groomed and manipulated into this position of vulnerability.

Groomers and manipulators are predators

Child Victim - Now Brave Adult
http://www.visaliatimesdelta.com/

The myth that ALL child molesters are “strangers” to our children is just that, a myth.  Actually, the “acquaintance molester” is probably the most common offender in today’s society. The term “acquaintance” has been coined to describe this type of child sexual offender because the victim child/children and typically the victims’ parents/guardians know and trust this person and willingly permit them access to our child...i.e. a teacher, coach, friend, guardian, clergy, neighbor, policeman, doctor etc.

Sensory overload

Unfortunately, parents, grandparents, guardians, relatives, friends, or other caregivers can be lulled into a sense of denial about the existence or possibility that it could happen to one of their children.  What is worse, is when this happens, these caregivers are often at a complete loss about what to do.  They are in a state of shock and a myriad of thoughts race through their heads. Between dealing with this emotional nightmare and trying to harness their thoughts as to what action to take, they find themselves confused, troubled and in a state of shock.

A case in point

Recently, I was contacted by a concerned parent who was the mother of two children, both under the age of 9.  The children had disclosed to her that they were being “touched on their privates and asked to touch the privates” of their coach.  At the time of my interview, the mother had been aware of the situation for a week and described herself as “numb, lost, confused and angry”, yet she and her husband were at a loss about what to do.  

While the parents immediately took action to not let their children near the coach after the abuse came to light, their thoughts and emotions paralyzed them and they were at a loss as to what to do next.  After a week of knowing what happened, the parent’s inaction and concerns included the following: 

• They had not informed law enforcement or anyone other than a few trusted friends and some family. 
• They feared for their children’s safety if they went to the police because they feared reprisals from the predator once he learned that the children accused him.  
• They wondered if they should change the locks at their house due to these fears of retaliation.
• They wondered what would happen to their children in school once the newspapers ran the story and were identified as victims. 
• They worried if the children would be stigmatized in some fashion.
• They were confused because their children said they “still really like their coach and did not want to get him in trouble.”
• Friends advised them to avoid the police and just disassociate themselves and the children from this coach…and just let it go!  

Upon learning of the abuse, parents/caregivers need to take the following actions:

It is incumbent upon the caregiver to react, no matter how depraved the actions inflicted by a predator on the child victim(s).  

1. Prevent the child from being exposed to further abuse once it is suspected.

2. Do not blame your child. Whatever they have disclosed to you, your child is not at fault. They have done nothing wrong.

3. Contact law enforcement as soon as possible and assist them in dealing with this disclosure. They will work toward the identification and prosecution of the person responsible for the sexual offenses against your children.

Important things to know and understand about this type of crime

• “Acquaintance molesters” are typically not a danger to your child or you. This type of predator has taken a lot of time to “groom” similar to “courting” your child. And as delusional as it sounds, the predator likely has feelings for the victim and is not out to physically harm them. 
• If your child expresses sympathy for the predator, it is not uncommon. Victims often times have feelings for the predator because of this “groomed” relationship.
• Your child’s name will never be disclosed by a newspaper especially in matters involving crimes against children. 
• It is very unlikely that your child was the only victim of this predator, to that end, law enforcement will attempt to identify other past and present child victims. 
• Your contact with law enforcement will introduce you to child advocacy centers whose mission it is to advocate for child victims of sexual abuse and therapeutic resources for them. They will be with you and your child throughout any potential criminal prosecution process.

Final Thought

The rage, anger, confusion, fear and any number of other emotions experienced by this mother when informed by her children of their molestation is natural and quite frankly expected. By having this glimpse at her experience, hopefully you will have a better understanding of how to cope with some of the fears and concerns you will experience and what needs to be done if, God forbid, this happens to your family.

Tom Clinton spent 30 years as a United States Postal Inspector where he routinely investigated child sex crimes involving the sexual exploitation of children through the manufacture, production, distribution and possession of child pornography and related crimes. He is currently a senior investigator and consultant for CSI. 

Due Diligence by Investigators

Expand your understanding of the deal by looking at your target from a different viewpoint

Steady pace of deals foreseen

A new year and predictions come out like snowflakes in January.  The mergers and acquisitions crowd is no different.  A recent poll in published in M&A magazine sponsored by KPMG predicted a “solid” 2014 as far as deal activity was concerned.  The poll asked the respondents several questions related to what they felt were critical drivers for deal creation and deal success in the coming year.  One of the items that kept popping up was the value of having solid Due Diligence as part of the deal.    

Define what you mean

Due Diligence can mean a lot of things depending upon who you ask as the concept can be applied across disciplines.  Accounting comes to mind.  As does finance and banking.  Several firms claim to have the right mix of research that covers all angles.  While this may be true, many other qualified outfits are out there who are specialized in specific types of research they can contribute to the overall research of the deal.  And because not all deals are the same, picking and choosing the right vendor to supply you with the information needed should be part of overall Due Diligence strategy.

Breaking down Due Diligence

For certain, CSI is not an accounting firm, nor do we possess the skill set required to analyze financial statements, investments and tax returns.  But we do offer something that enhances the overall value of Due Diligence. Investigative Research can cover a lot of ground but to simplify, the basic services are background checks and asset identification.  These items are not always considered as part of the Due Diligence equation but adding them can certainly fill critical gaps.  This information provides necessary insight into the business, its principles and their private and public lives.  And while not all bad information leads to a deal breaking apart, it certainly puts the deal makers in a better position to make decisions.

See your target in a different light

gideongartner.com

Public record research coupled with social media investigations have helped many clients understand the types of people they may be working with as deals unfold.  This information can apply to cultural integration of two merging companies to ensuring critical personnel are leading the type of lifestyle befitting their employment. Further, identification of assets held by company owners may go a long way to explaining balance sheet anomalies.

But merely gathering this information into a report is not enough.  If this research is part of a Due Diligence plan, it is important that the information gathered is organized and presented in a context that demonstrates an understanding that goes beyond the regurgitation of mere fact.  If the output ends up being confusing and imprecise, then that hinders the deal maker’s ability focus on the deal and mitigates the value of the research. Not good.

Focus on the deal; trust the research to the experts

If considering expanding the reach of Due Diligence research beyond financial statements, consider the following:

1. Even though there is a vast amount of information on the internet, don’t fool yourself into thinking you are capable of conducting background and social media research on your own.  Just because information is out there does not make you an investigator who knows ins and outs of the craft.  
2. Research into someone’s background can be quite extensive.  Set parameters with your researcher prior to engaging these services to ensure a focused outcome.
3. While you may have parameters set, investigative research may reveal leads which you may find worthy of exploring further.  If these arise, take additional time to consider expanding the research if the outcomes may be beneficial.    
4. Seek out a researcher with experience with M&A. Knowing the language of the deal makes explaining your needs that much easier. 
5. Demand a report that fits your needs.  If you want more information, less information, a summary, analysis or recommendations, ask for it.   

Disability Event Horizion

Communicate changes that impact your client as part of your anti-fraud protocols  

NY’s Finest Scammers 

It was recently reported that New York City Police and Firefighters were caught defrauding Social Security Disability Insurance benefits.  The disabilities being claimed were psychological in nature and many blamed the trauma they suffered was a result of the September 11 terrorist attacks. Several claims were investigated and 106 people were found to be involved in the scheme.

http://ehstoday.com/

The claimant’s were caught through the use of traditional surveillance and through observation of their social media posts.  The information gathered through these channels revealed their claims were not only invalid but also potentially fraudulent.   This allowed the investigators to deny the benefits and to charge the group with various levels of larceny.

A vulnerable system

Private disability carriers who have full time Special Investigation Units and ongoing anti-fraud training are typically well prepared to ferret out these scams. As for the SSDI, the Office of Inspector General is charged with protecting these funds.  But because the program is so large, it is hard to police.  Hearing about a scam that was discovered involving the SSDI fund is not that common.  Because it is hard to protect, the fund is vulnerable to fraud by the unscrupulous; including organized criminals.

In this case, it was clear that coordination was a part of the formula to defraud.  Leading this scam were a group of “advisors” who directed the claimant’s behaviors in an attempt to make their bogus claims believable. These “coaches” received kickbacks from the claimants in exchange for their advice. This strategic configuration to illicitly harvest funds from the trust fund is by definition organized crime.

What brought this case together though, was the cooperation between the Office of Inspector General, the NY district attorney’s office and their relationship with police and fire internal affairs. What forced this alliance was the exploitation of an event (9/11) and the PTSD it caused.  Or in this case, allegedly caused.

It’s different when businesses protect money

Private disability carriers also utilize surveillance and social media research to identify claimant behaviors that might be incongruent with their limitations and restrictions.  While these tools are powerful, it is the keen observation of the claim manager that is critical to the discovery of red flag indicators in a claim.  

Claim managers have the most intimate contact with the file and the claimant during the life cycle of the claim. As such, it stands to reason that they must receive comprehensive and consistent anti-fraud training to ensure suspect claims are identified.  However, for good anti-fraud efforts to work, it is  important that these critical employees see the bigger picture.

Flow of information is key

While private disability carriers or self-insured’s might not experience a scam as large as the one identified in New York, the potential exists for several claims to be filed related to a specific event experienced by a client- akin to the mass PTSD claims caused by 9/11.  

When these changes or events become apparent, it should be top of mind for claim professionals to communicate this information throughout their organization, especially to claim managers who are on the ground floor.  For instance, if a client announces that a plant is closing, the claim managers should be made aware of this as employees might file disingenuous claims in an attempt to extend income during a layoff.

Turn information into wisdom

Keeping a keen eye out for events that impact businesses you insure is a wise and healthy thing to do.  But keep in mind this information is not just useful to those in upper management.  Recognize how important this type of information could be to your front line employees.  In summary, keep in mind the following tips:

1. Anti-Fraud training should include fostering awareness of the client’s business situation.  
2. Claim managers need to be made aware of the changes to client’s status so that they can react appropriately to claims.
3. Claim Directors and above need to take it upon themselves to not only inform the claim managers of a change or significant event a client experienced but also demonstrate what that change might mean to claims and claim operations.
4. Be aware that weaknesses caused by changes my be exploited by coordinated efforts.
5. Know that incentives for third parties can influence claimant behavior.  

Don’t have an SIU?  Contact CSI for professional claim investigations and anti-fraud training.