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

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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.