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Swanson, Criminal Investigation 8/e
Criminal Investigation, 8/e
Charles R. Swanson, University of Georgia
Neil C. Chamelin, Assistant State Attorney, Second Judicial Circuit
Leonard Territo, University of South Florida- Tampa

Vehicle Thefts and Related Offenses

Chapter Outline

I. AUTO THEFT (See Slide 15-2)

The number of motor vehicle thefts in the United States, as reported by the FBI, was just under 1,166,000 for 2000, with an estimated national loss of $7.8 billion in vehicle value.

A. Miscellaneous Statistics and Notes

1. It has been estimated that approximately two percent of reported thefts are of motorcycles.

2. National and international rings operate, particularly in cities near ports, to export vehicles.

3. Since the collapse of communism in eastern Europe, the theft of motor vehicles has skyrocketed.

4. The theft of airbags and the resale of stolen salvaged airbags is becoming epidemic.

B. Types of Theft (See Slide 15-3)

Motor vehicle thefts generally fall into one of four categories: temporary theft, joy riding, professional theft or fraud.

1. Temporary theft. The term temporary theft is used not to imply that the crime is not serious but, rather, to distinguish joyriding from something more ominous.

2. Joyriding. Joyriders are most often teenagers – 15 to 19 years old – who steal a car simply to drive and then abandon it.

3. Professional Theft. The professional car thief is motivated by very high profits and generally low risk.

4. Fraud. These various types of crimes are generally committed by the owner or someone acting on behalf of the owner, and the underlying purpose is to profit at the expense of an insurance company.

C. Methods of Operation – The Professional (See Slides 15-4 and 15-5)

To turn a profit, professional thieves use a variety of techniques to dispose of stolen motor vehicles.

1. Chop Shops. Very simply, a chop shop is a place where stolen vehicles are disassembled for resale of their parts.

2. Quick Strip. A vehicle is stolen and stripped mainly for valuable accessories such as seats, stereos, car phones, and tires.

3. Salvage Switch. To the criminal the value of a salvaged vehicle is far greater than its parts.

4. Export. Vehicles manufactured in the United States are extremely popular in other countries.

5. Fraud – in General. Fraudulent auto theft claims are not the only type of fraud to which the insurance industry is subjected, but it is a significant part.

D. Fraudulent Theft Schemes

Fraudulent auto theft claim schemes fall into three major categories (see Slides 15-6, 15-7, and 15-8).

1. False-Vehicle Schemes. This scam is particularly prevalent where insurance companies are lax or have ineffective programs to verify the existence of a vehicle before issuing an insurance policy.

2. False-Theft Schemes. The primary reasons why an owner would file a phony theft loss are generally either to avoid liability for some conduct that resulted from the use of the vehicle or to reduce or avoid some financial loss.

3. Inflated-Theft Loss Schemes. The fraud occurs when the insured makes a false claim concerning the physical or mechanical condition of the vehicle when it was stolen; actually causes some damage or removes some parts upon recovery of the vehicle but before it is inspected by the insurance company.

4. Defrauding the Owner and Insurer. There are times when the owner is not involved in the fraud and both the owner and the insurer become victims.

II. THEFT OF HEAVY EQUIPMENT AND FARM EQUIPMENT (See Slides 15-9 and 15-10)

A. Heavy construction equipment and farm equipment are commonly referred to as "off-road" equipment.

B. Statistics are not very accurate concerning numbers of thefts and recoveries because there is no mandatory reporting requirement as exists for on-road motor vehicles.

1. It is fairly accurate that more than 2,500 pieces of construction equipment and in excess of 4,700 pieces of lawn and farm equipment are stolen each year in the United States.

C. There are numerous problems relating to the theft of off-road equipment.

III. COMMERCIAL VEHICLE AND CARGO THEFT (See Slide 15-11)

A. As noted earlier, the insurance industry pays out about $18 million a year for commercial vehicle theft.

1. In actuality, it is difficult to convert this figure to numbers of vehicles because commercial vehicle theft statistics are part of the overall motor vehicle theft numbers.

B. The theft of cargo from or in commercial vehicles is a rapidly growing criminal enterprise.

1. Although not a separate crime in itself, cargo theft, in the United States, is estimated to account for as much as $25 billion in direct merchandise losses each year.

IV. INVESTIGATIVE TOOLS AND TECHNIQUES (See Slide 15-12)

A. Major Investigative Resources

1. National Insurance Crime Bureau. The NICB is an information-gathering and dissemination body and a law enforcement assistance agency.

a. In addition to the expertise of its field personnel, the computerized records developed and established by the NICB, now maintained and administered by the International Service Organization, a private company, are invaluable investigative aids.

2. The NICB is organized into eight geographic areas with its headquarters in Palos Hills, Illinois, a Chicago suburb.

3. Canadian Insurance Crime Prevention Bureau. The Canadian Insurance Crime Prevention Bureau is to Canada what NICB is to the United States.

4. International Association of Auto Theft Investigators. Another resource available to the investigator is the International Association of Auto Theft Investigators.

5. State Organizations. Many states have organizations comprised of auto theft investigators who meet regularly to exchange intelligence information and learn new methods of combating the problem of theft and fraud.

6. National Crime Information Center. Through NCIC on-line inquiries can be made into the vehicle or license plate files to check on records for stolen vehicles, vehicles wanted in conjunction with felonies, stolen component parts, and stolen license plates.

7. Special Investigative Units. There are more than 800 SIU investigators employed in the insurance industry working fraud claims.

8. AAMVANET. This computerized communication network links state and provincial agencies on matters of highway usage and highway safety.

9. Government Agencies. Specifically, motor vehicle and driver’s license offices, insurance fraud investigative units, and fire and arson investigative units may provide valuable information or assistance.

10. Manufacturers. Manufacturers are one of the most important resources an investigator can cultivate and turn to for assistance, particularly as it relates to the content and location of numbers on vehicles or parts.

11. North American Export Committee. The North American Export Committee was established in 1995 to investigate ways in which the exporting of stolen vehicles could be slowed without impeding commerce at port facilities.

12. National Equipment Register. The scope of theft of heavy construction equipment has led manufacturers, dealers, and insurers to support the development of a national data base of stolen equipment and provide the services of law enforcement specialists in the recovery of stolen equipment.

B. Locating and Handling Vehicles

In recent years investigators have gotten seriously ill performing their jobs. Locating and handling the recovery of vehicles and parts can be very dangerous. In crawling through car salvage yards investigators may be exposed to toxic wastes.

C. Vehicle Identification (See Slides 15-13 and 15-14)

Often the most difficult and time-consuming task facing an investigator is the identification of a recovered vehicle.

1. Gray-Market Vehicles. When the US dollar is strong overseas, it becomes economically feasible for individuals to purchase motor vehicles in other countries and have them shipped to the United States for sale, resale, or personal use.

2. Attempts to Conceal the Identity of Vehicles. The methods used to change the identity of a motor vehicle discussed earlier in this chapter include doing a salvage switch and altering genuine or counterfeiting ownership documents.

3. Federal Safety Certification Label. All cars distributed in the United States since 1970 must have a federal safety certification label.

4. Federal Legislation. In an effort to reduce auto theft by easing the process of vehicle identification, Congress enacted the Motor Vehicle Theft Law Enforcement Act of 1984.

5. VIN Editing and Reconstruction. In any investigation, even where it appears that the VIN has not been altered or defaced, it is incumbent on the investigator to check the validity of the identifying numbers.

6. VIN Restoration. The restoration of manufacturers’ serial numbers altered or obliterated from metal is a process that can be performed by an investigator with the proper material at hand.

D. Stolen Vehicle Indicators (See Slides 15-15)

The thorough investigator will become suspicious enough from the presence of certain indicators to pursue an investigation to determine if auto theft has occurred. The indicators relate to the condition of the vehicle and/or the suspicious driver’s behaviors.

E. Investigation of Fraud Cases (See Slides 15-6 and 15-17)

Generally, the investigation of a motor vehicle fraudulent insurance claim case will center around questions involving the insured, the insurance policy, identification information on the vehicle, the police report, the status of the certificate of title, the condition of the vehicle, and any unusual conditions surrounding the claim.

F. Investigation of Vehicle Fires (See Slide 15-18)

1. Inspection of Salvage. Before beginning the physical investigation of a vehicle fire scene, the investigator must understand that the crime scene examination includes both the vehicle and the area in which it was burned.

2. External Inspection. A thorough search should be made of the area for tire tread marks, footprints, cans, bottles, other containers, unusual residue or materials, old tires, matches, or any other item that may be related to the case.

3. Internal Inspection. The inspection starts where the fire apparently originated.

4. Inspection of the fuel system includes the gas tank, the gas lines, and the fuel pump.

5. Inspection of the Electrical System. A short circuit in the electric wiring is the most common excuse offered for automobile fires.

6. Inspection of the Motor, Radiator, and Parts Under and Near the Hood. The only possible place for an accidental fire to start at this location is around the fuel pump or carburetor and at the wiring.

7. Inspection of the Body. The body of the car is usually so badly burnt as to afford little evidence.

G. Contact with Owners

Before interviewing the owner of the car, the investigator should determine as completely as possible the character of the owner.

V. PREVENTION PROGRAMS (See Slides 15-19, 15-20, and 15-21)

Each year new and innovative approaches to the prevention and detection of crime and apprehension of offenders are developed.

A. Auto Theft

Law enforcement officers and agencies in a number of jurisdictions now rely on integrated communications and computer networks of the FBI, state, and local police to identify and locate stolen vehicles.

B. Car Rentals

Theft of rental vehicles generally occurs when a vehicle is not returned after it has been rented.

C. Heavy Equipment and Farm Equipment

Tiny transponders that act as identification devices are now available. The device can be glued anywhere on the vehicle.

D. Fraud

The prevention of fraud can best be accomplished by knowing some things about the insured and about the vehicle.

IV. ODOMETER FRAUD

A. One of the most costly consumer frauds of modern times is odometer fraud, also known by various other names including odometer tampering, roll backs, and clocking.

B. The National Highway Traffic Safety Administration estimates that over 3 million cars are clocked each year and that the cost of this fraud to American consumers surpasses $3 billion annually.

VII. MARINE THEFT (See Slides 15-22, 15-23, and 15-24)

A. Scope of the Problem

Marine theft is a serious problem to the boating community. It includes the theft of boats, boat trailers, outboard motors, jet skis, and all equipment associated with boating or water activities.

B. Hull Identification

Effective November 1, 1972, the Federal Boating Safety Act of 1971 required boats to have a 12 character hull identification number.

C. Title and Registration Issues

Over 30 states require that boats be titled, but only a few states require the titling of outboard motors.

D. NCIC Boat File

The Boat File, one of the 17 NCIC files, records information on stolen boats, boat trailers, and boat parts.

E. Investigative Resources

A major resource is the International Association of Marine Investigators. This organization has over 900 members who network with other law enforcement officers and agencies and insurance investigators throughout the United States, Canada, Europe, the Caribbean and Central and South America.

F. Preventive Methods

There are several ways a boat owner can lessen the possibility of marine theft. To discourage theft a boat owner may wish to remove a vital engine part when the boat is left unattended.

VIII. AIRCRAFT AND AVIONICS THEFT (See Slide 15-25)

A. Scope of the Problem

With approximately 225,000 general-aviation aircraft in the United States, the theft of aircraft and burglary leading to the theft of avionics are certainly not as prevalent as motor vehicle theft. However, the theft of aircraft equipment can be very lucrative for thieves given the value of the equipment.

B. Resources

It is advised that before undertaking a significant investigation, an investigator should visit a local airport, contact airport management, aircraft companies, flight schools, and so forth, to learn basic information about aircraft, avionics, and the theft of both.

C. Theft Techniques

The techniques thieves use to steal aircraft and burglarize aircraft for the avionics equipment are not that much different from the most frequently parallel to those used for stealing automobiles.

D. Aircraft Identification

Aircraft have the same basic identification information as do motor vehicles.

E. Theft Prevention Techniques

There are numerous theft deterrent devices available and some actions an aircraft owner can follow, some without cost, to reduce the chance of theft of the aircraft or the avionics.