Industry News

Undercover Work

The use of an undercover operative should be a consideration when criminal activity is affecting a business but the details are unknown and proof is needed to bring it to an end. An option for the business is to engage an investigative agency skilled in undercover operations. The agency is obligated to provide an operative that is experienced and free of prior crime. The work to be performed by the agency should be clearly set out in an agreement. It sometimes happens that the client gets cold feet or wants the operation to be altered in some way. The client should never be allowed to call the shots. The client can provide useful information but should not be allowed to tell the investigative agency what do, save shutting down the operation.

The first step is to bring the operative into the business in an apparently routine way such as hiring him or her to fill a vacant position, even it means creating a vacant position. It will help if the operative has the skill and know how to perform the tasks of the job or the job can be made so simple that skill and know how are not necessary such as a janitorial job. The position should be such that the operative is placed in a physical location where the activity can be observed. If the location proves to be the wrong location for observation, a routine transfer to another potential location should be made.

The second step in the operative’s game plan is determine the nature of the activity, i.e., the what, where, how, and who. In other words, find out what is being stolen or compromised, where the activity is occurring, how the activity is being carried out, and the identities of the persons involved. A controller, an experienced investigator, should be the operative’s only point of contact with the agency.

The third step for the operative is to establish a relationship with the persons involved such as befriending a member of the criminal group or posing as a thief interested in becoming a member of the group. A cover story is essential and should be capable of validation in case the criminal group wants to check out the operative’s cover story. A point needs to be made on this matter: if the operative is in danger, such as his or her cover being blown, the operative must be removed, and done so in a manner that does not confirm suspicions of the criminal group. An example would be transferring the employee (operative) to a new, remote location, letting the employee go for a reason of manpower reduction, or terminating the employee for a cause completely unrelated to the criminal activity. The objective is to protect the operative first, and investigate the criminal activity second. After a reasonable period of time, a second operative can be inserted.

A fourth step is to avoid entrapment if the police are informed of the operation or are involved in anyway. Entrapment relates to the police, and if there is any indication the police have participated, even in a minor way, prosecution may not be possible. Also, there is the risk that at trial the criminal group will attempt to show that the operative helped plan the activity, participated in it, and the activity would not have occurred if it were not for the operative. This can be shown if the operative participates in the activity and shares in the profits generated by the activity. If taking a portion of the stolen items or a share in the profits becomes absolutely essential in order to be “legitimatized” by the group, the operative should not personally benefit in any way, and keep the stolen items and the share in a secure hiding place or turn them over to the controller.

A fifth step is to have a controller constantly receive information from the operative and direct him or her to take certain actions or avoid certain actions. The communication between the operative and the controller should be daily. The method of communication can be by telephone and recorded, provided use of the telephone does not draw suspicion. An alternative is to communicate by tape or CD that is left at a secure “drop” location. Communicating in writing is a no-no.

Of great importance is the identification of places where stolen goods might be hidden before being removed from the business’ installation. When the operation comes to a conclusion, the hidden stolen goods can be seized and held as evidence. Typically, the police would arrive at the scene with a warrant. Property is seized and arrests made, including arrest of the operative. The idea is not to expose the operative to retaliation. The standard police procedure is to separate the arrested persons while they are in confinement. This practice can facilitate a safe release of the operative. Depending on the judgment of the prosecuting attorney, the operative may or may not be called as a witness.

When the operative is able to use a camera with zero chance of being caught, the preponderance of evidence is increased. Obviously, the camera should have a time and date generator.

The operative should not keep notes. Everything goes to the controller on a daily basis. If the daily report is not made, the controller should be concerned that the operative is in trouble.


Cameras on Public Transportation

The use of cameras on public transportation continues to grow. The Metro system in Washington, DC is installing cameras on railcars. The Department of Homeland Security is providing $27.8M in a stimulus grant. Most of the money will be used for cameras at station entrances, near the end of platforms, and in ventilation shafts. The sum of $7.1M is set aside to monitor passengers inside railcars. NYC, LA, Chicago, NJ, Atlanta, and Boston currently have partial camera systems installed in railcars and buses. Source: Security Letter, 166 East 96th Street, New York, NY 10128 – 212-348-1553.

Texas: 800.221.3386 • 713.521.9251 • Fax 800.700.0126 • 713.521.0125 • 3673 Westcenter Dr. • Houston, Texas 77042
California: 800.221.3386 • 661.393.4710 • Fax: 800.700.0126 • 661.393.4771
2809 Unicorn Road, Ste 102 • Bakersfield, CA 93308
Doing business in California under License #OE59720, dba El Dorado Security Services Insurance Agency.