Asian Home Invasion Robbery - Center for Crime and Terrorism
Transcription
Asian Home Invasion Robbery - Center for Crime and Terrorism
Home Invasions & Identity Theft: The Role of Asian Gangs A Technical Report by The Center for Asian Crime Studies, International Association of Asian Crime Investigators Prepared for The County of Orange, California 22 April 2004 Table of Contents 1 2 3 4 5 6 7 8 9 Asian Gangs and Home Invasions: An Introduction............................................. 1 1.1 Tentative Research Models................................................................................. 1 1.2 Background ......................................................................................................... 2 Current Trends ......................................................................................................... 6 2.1 Younger Members .............................................................................................. 8 2.2 Female Gangs...................................................................................................... 9 Crime Trends .......................................................................................................... 11 3.1 Home Invasion Robberies................................................................................. 11 3.2 Residential and Commercial Burglary.............................................................. 22 3.3 Extortion ........................................................................................................... 24 Traveling Gangs ...................................................................................................... 25 4.1 Patterns of Mobility .......................................................................................... 26 Interviews................................................................................................................. 30 5.1 Police Officers: Questions and Response ......................................................... 30 5.2 Interviews with Convicted Home Invaders....................................................... 39 5.3 Summary of Interviews:.................................................................................... 51 Data Analysis........................................................................................................... 53 6.1 Identification and Selection of Cases................................................................ 55 6.2 Analytical Methods........................................................................................... 55 Results ...................................................................................................................... 56 7.1 The Modus Operandi Model............................................................................. 56 7.2 The Suspect Model ........................................................................................... 62 7.3 The Victim Model............................................................................................. 65 7.4 Victims’ Households......................................................................................... 66 7.5 Summary ........................................................................................................... 74 Asian Gangs and Identity Theft: An Introduction .............................................. 76 Identity Theft: Poor Data from Fragmented Sources ......................................... 77 ii 10 Hypotheses and Findings........................................................................................ 81 10.1 Identity Theft and Organized Criminality......................................................... 81 10.2 Asian Criminal Enterprises and Identity Theft ................................................. 85 10.3 The Migration of Gang-Related Identity Theft................................................. 86 11 Conclusions and Recommendations...................................................................... 88 11.1 Concerning Home Invasions............................................................................. 88 11.2 Concerning Identity Theft................................................................................. 93 iii Preface This report is the joint outcome of two studies. Dr. Gary Weaver, Executive Director of the Intercultural Management Institute of American University, oversaw the program details and the publication of this report at the request of Colonel M. Cordell Hart, Director of the Center for Asian Crime Studies, the research and training arm of the International Association of Asian Crime Investigators. Detective Sergeant Mark Nye of the Westminster (California) Police Department and Dr. Mary Finch, independent consultant, conducted the investigation of home invasions, while Mr. John T Picarelli of the Transnational Crime and Corruption Center conducted the investigation of identity theft for financial fraud. Biographic summaries of project team members and institutions are found at the end of the report. The authors of this technical report would like to thank Orange County, California, for funding the project, and to thank the investigators of the Orange County Prosecutor’s Office for sharing their investigative expertise and insights. iv List of Tables and Figures Figure 1: Hispanic style of dress on Asian gang members................................................. 7 Figure 2: Homicide scene—gang member armed with “The Club” was shot and killed in gang rivalry (Courtesy of Westminster PD) ............................................................... 7 Figure 3: Girl gangsters at Rave – associated with home invasion crew.......................... 10 Figure 4: Gun dropped by fleeing home invaders & tools used to force entry into residences (Courtesy of Westminster PD) ...................... 13 Figure 5: Typical ski mask worn by home invaders and cotton gloves used to eliminate fingerprints................................................................................................................ 15 Figure 6: Tattoo of arrested home invader........................................................................ 18 Figure 7: Loaded semi-automatic handguns recovered from vehicle occupied by home invaders ..................................................................................................................... 19 Figure 8: Examples of 4 T’s tattoo on Vietnamese gang members .................................. 22 Figure 9: Tattoos adorned by Natoma Boys and Nip Family Gangsters .......................... 27 Figure 10: Weapons found at one location of the Nip Family Search Warrants .............. 27 Figure 11: Typical tattoo worn by members of The V, a notorious Vietnamese street gang and a home invasion related tattoo worn by a leader of The V currently serving a murder sentence ........................................................................................................ 29 Figure 12: Home Invasion Cases by State ........................................................................ 54 Figure 13: Home Invasion Cases by Year and State......................................................... 54 Figure 14: Cases by Day and Time................................................................................... 57 Figure 15: Cases by Day and State ................................................................................... 57 Figure 16: Number of Suspects......................................................................................... 58 Figure 17: Duration of Home Invasions ........................................................................... 61 Figure 18: Duration by State............................................................................................. 61 Figure 19: Age of Suspects ............................................................................................... 63 Figure 20: Number of Arrests per Case by State .............................................................. 65 Figure 21: Types of Residence by Neighborhood ............................................................ 66 Figure 22: Number of Victims by State............................................................................ 67 Figure 23: Number of Victims by Age and State ............................................................. 68 Figure 24: Percentage of Victims by Age and State ......................................................... 68 Figure 25: Level of Resistance by State ........................................................................... 69 Figure 26: Medical Attention by Resistance..................................................................... 70 Figure 27: Number Injures by Resistance......................................................................... 71 Figure 28: Quality of Victim and Witness Descriptions................................................... 72 Figure 29: Officers Responding by State.......................................................................... 73 v Key Findings This study originated from the concerns of experienced investigators who observed two disturbing trends—a rise in Asian gang involvement in both home invasions and identity theft for financial fraud. Law enforcement officials in Orange County also found that other metropolitan communities across the country were discovering similar cases involving of Asian gangs and the use of identity theft to foment financial fraud. As such, Orange County wished to know: 1. If Asian gangs were engaging in home invasions and identity theft for financial fraud around the country 2. If this was a trend that had its origin in Orange County or the West Coast, and 3. What best practices, if any, existed for investigating Asian gangs engaging in home invasions and identity theft for financial fraud The last concern also merged later with a request to validate the approach that Orange County takes in Asian gang investigations, and the findings of these research projects supported Orange County’s approach to gang investigations—the Regional Gang Enforcement Team (RGET). Using a multi-agency approach, the RGET can easily incorporate specialists, for example financial investigators in order to pursue identity theft cases involving Asian gangs. Close ties to the Orange County District Attorney’s office further serves as a platform for constructing the will to see such cases through. Third, it is clear that Orange County’s law enforcement personnel, especially those associated with the RGET, are some of the most knowledgeable when it comes to the differences between Asian gangs, occidental gangs, Asian Criminal Enterprises, and organized crime. What follows are a series of key findings for each of the two foci of this report—that is, Asian gangs conducting home invasions and identity theft for financial fraud. The findings are further developed and supported in the body of the technical report. Findings Specific to Home Invasions Public Awareness and Prevention Educate the public to better protect themselves against home invaders by o Locking doors and windows, installing alarms, and avoiding opening the door to strangers o Being aware of their surroundings o Avoiding keeping large amounts of cash or jewelry in the home o Avoiding flaunting wealth or discussing it in public o Paying attention to suspicious persons or vehicles in the neighborhood o Being familiar with their neighbors o Discussing safety procedures with children o Monitoring children’s conduct and relationships vi o Consider developing guidelines for citizens to keep themselves safe if they are victims of a home invasion Work with the media o Provide public service announcements to distribute information about crime trends and prevention tips o Publicize wanted home invaders or those arrested or convicted o Encourage citizens to report suspicious activities or persons Develop neighborhood watch programs in target areas o Include home invasion awareness materials in neighborhood watch orientation process Improve relations with Vietnamese and other Asian communities o Create web tip hot line o Establish community-based police sub-stations o Hire more Vietnamese and other Asian police officers o Develop and maintain confidential and/or citizen informants Procedures, Policies, and Further Research Establish and strengthen relationships with law enforcement agencies in neighboring jurisdictions o Share intelligence information o Encourage regular meetings between local gang units o Improve communication and coordination between drug and gang units (if separated) within and between jurisdictions o Develop informal or formal task forces when necessary o Monitor home invaders released from prison Ensure that police officers are trained to respond to home invasion robberies o Stress that suspects are likely to be well-armed and violent o Consider developing policies for responding to home invasions if they do not already exist o Emphasize collection of evidence, such as fingerprints (where possible), binding materials, or tools o Recommend that officers look for common items associated with home invasions, especially bindings, during traffic stops and other routine activities Track home invasions separately rather than together with other robberies o Create a distinct category for home invasions in local, state, and federal statistical databases o Separate, centralize, and standardize home invasion record-keeping within and among local jurisdictions o Monitor the prevalence and characteristics of home invasions over time Identify and contact other jurisdictions, statewide and nationally, with large numbers of home invasion cases o Encourage standardization of record-keeping and sharing of intelligence and trend information vii o Share study results and encourage examination of home invasion cases in other jurisdictions to develop a nationwide database with modus operandi, suspect, and victim information that enables more comprehensive analysis o Compare information on Asian gang home invasions with home invasions by other types of gangs Findings Specific to the Identity Theft Study Identity theft is evolving as a mainstream criminal enterprise for both organized crime and Asian criminal enterprises (ACEs), but not as much for occidental and Asian street gangs. ACEs are the organizations of the three aforementioned that most frequently engage in identity theft. Like other trends, the gang involvement in identity theft began in California and is now a “business model” being exported to other parts of the US. There is sufficient merit for gang investigators to have concern about Asian street gangs engaging in identity theft. The combination of the extreme fiscal and emotional harm that identity theft incurs with the ability of Asian street gangs to systematize criminal enterprises more than warrants increased attention to this phenomenon. viii Home Invasions and Identity Theft 22 April 2004 1 Asian Gangs and Home Invasions: An Introduction Asian organized crime and street gang crime have been a major focus for the law enforcement community since the late 1980s. The increase of Asian crime has been a result of three factors: (1) the modification of the immigration laws in 1986, allowing more immigrants to enter the United States; (2) the new influx of refugees from Southeast Asian countries during the 1980s and 1990s after the end of the Vietnam War; (3) the breakdown of family and community support in Asian communities due to the sudden addition of these immigrants and refugees; and (4) lack of sufficient social supports necessary from the hosting society due to the large influx of these new arrivals. Home invasion robbery otherwise known as residential robbery is one of the most popular Asian criminal activities, and has drawn attention from our country’s law enforcement for several reasons. First, most home invasion crimes have produced tremendous physical and psychological trauma for victim(s) and the community due to the level of violence involved. Second, home invasions are often committed by a mobile group (gang or non gang bandit groups) involving multiple jurisdictions, thus posing a greater challenge to criminal investigations and the allocation of resources. Third, a home invasion robbery is usually the result of systematic and careful planning. The level of complexity of criminal modus operandi in each case varies greatly. Therefore, there is a real need to produce a pattern of probability that can be useful for criminal investigation and crime prevention. Asian home invasion robberies are also showing three trends: certain groups have begun to target non-Asian communities and are recruiting non-Asian individuals. Further, Hispanic and Black gang members have begun to imitate the methods of operation of Asian home invasions. In other words, Asian criminal groups committing home invasion robberies are expanding their boundaries, which constitutes a threatening signal. Finally, although we began to experience Asian home invasion robberies in the later 1980s, little systematic and comprehensive research has been done on the subject. 1.1 Tentative Research Models This project provides a comprehensive and systematic analysis of Asian home invasions to better understand the criminal modus operandi involved in Asian home invasions, it provides a profile of suspects committing home invasions, and it describes characteristics of victims of home invasions. This analysis has two principal components: 1) interviews with police officials and gang members and 2) the examination of fifty-five cases of home invasion in four states. With the information provided, the study also proposes recommendations to enhance practices of criminal investigation, suggests new polices in crime prevention and investigation, and suggests new public policy initiatives in crime prevention to owners of individual residences and small businesses. We hope that this project contributes to public safety, security and quality of life by expanding understanding of these crimes and identifying strategies to combat them. 1 Home Invasions and Identity Theft 22 April 2004 1.2 Background 1.2.1 Immigrant History To better understand Asian gang home invasion robberies we need to first look at where they (suspects and victims) come from. We need to examine their personal and cultural environment, how they have been influenced by the past and how they are impacted by present circumstances. We will therefore present a brief history of Vietnamese immigration to the United States, taken from William Cassidy’s “Nomadic Vietnamese Armed Robbery-Fundamentals of Nomadic Vietnamese Residential Armed Robbery Investigation” (unpublished manuscript, 1991). We need to study this phenomenon to dispel myths and preconceived notions about the nature of our suspects, to understand secondary migration patterns in the United States, and to reveal environmental factors which affect targeting of victims and composition of armed robbery gangs. We also need to examine the early formation of Asian gangs in America, why they formed so rapidly and what has happened to the community as a result. We need to identify who they are, why they are, what they do and how they move around virtually undetected in the community. After the fall of Saigon during the Vietnam War on April 30, 1975, thousands of refugees (140,000 best known figure) were evacuated from Vietnam in the first wave. This first wave of refugees consisted of former U.S. Government employees and their dependents, as well as other professionals. This first wave of refugees was fleeing a war torn country, but the U.S. soon experienced an influx of refugees from Vietnam, Laos and Cambodia. Most of these refugees were educated, hard workers from good families and wanted nothing more than to succeed in their new country. They had lived and worked with Americans in their country during the Vietnam War. They assimilated quickly into the American way of life, opening up businesses and communities throughout parts of the United States. In the sixteen years since 1975, numbers of Vietnamese and other Southeast Asians in the United States have steadily increased. First wave evacuees have been joined by hundreds of thousands of escapees fleeing the political intolerance and economic privation that afflicts Indochina.1 The second wave of refugees of the late 1970’s to the early 1980’s were “boat people” (peasants) who escaped their country on barges and make-shift boats, fleeing to the United States for sanctuary. Many of them faced great hardships in their travels and were victimized by Thai pirates who raped some of the women and killed men and children. Along with the peasants and the poor who escaped Vietnam and fled to the United States also came the criminal element, who only had intentions of preying on the weak refugees for survival. Another dynamic that comes into play involving the waves of refugees from Vietnam concerns how the people in the successive waves differ and interact with one another. 1 See Cassidy (1991), p. 1 2 Home Invasions and Identity Theft 22 April 2004 Affecting the nature and incidence of criminal activity in each group might be the drop in educational level between 1975 and later arrivals. There also appears to be less English language competence by the later arrivals, which likely created greater communication and assimilation problems among the group. The first wave of refugees left Vietnam as it was crumbling, while the second and successive waves had to cope for a time with life under a brutal regime. They were also faced with openly hostile receptions in Thailand, Malaysia and Hong Kong during their escape and attempted relocation to the U.S. Additionally the first wave refugees with higher education and better English language abilities had more employment opportunities. The first wave refugees were seen as the elite of the Vietnamese refugees entering and settling in the U.S. The later waves, however, had less education and poorer language skills. Many of them were unemployed or were unemployable and had arrived in the U.S. after escaping victimization. A large population of the Southeast Asian criminals also came to the U.S. fleeing incarceration or even death for crimes committed in their homeland. These refugees seem to have started the increase in criminal activity throughout the Southeast Asian communities in the United States. The Southeast Asians who came to the U.S. were spread out over 14 states with the largest concentration settling in Texas, Washington, and California. Others have since settled in Nebraska, Louisiana, Colorado and other states with industries (slaughtering plants, fishing or shrimping industry, or assembly plants) attractive to unskilled laborers in search of employment. The refugees seemed to cluster together in large groups rather than assimilating into the whole of the American society. They clung together where they could easily adapt to their new surroundings and have each other for support. These refugees moved into communities such as Westminster in Orange County or Versailles Village in New Orleans, Louisiana, and other self-contained Vietnamese enclaves where the refugees live among themselves, and practically shut off themselves off from the rest of the world around them. Asian criminals in these communities started out in small loosely knit “bandit groups” who got together for a short period of time primarily to commit home invasion robberies, extortions, burglaries and other property crimes. These bandits preyed upon their own countrymen, increasing their personal wealth at the expense of those who easily prospered in this new world.2 1.2.2 Current State of Asian Gangs In the mid to late 1980s, these groups banded together as protection against other gangs they encountered at the junior high and high school level, and in their respective residential neighborhoods. They also banned together for social reasons. Their common bond was their ethnic heritage and their inability to fit into the American way of life. They created gangs in the search for brotherhood, unity in numbers, and love and respect. The gang became their surrogate family. They soon evolved into a more organized group and identified with typical gang behavior; some adopting similar characteristics of the Hispanic gangs. They picked up these traits from spending time in correctional facilities 2 See Cassidy (1991), pp. 1-3. 3 Home Invasions and Identity Theft 22 April 2004 with other established Hispanic and Black gang members. The media and its portrayal of street gangs also influenced them. They began to call themselves by gang names and became somewhat more organized, with a more formalized group structure.3 Tattooing became popular with some members tattooing their gang names, the country of Vietnam and other Chinese symbols on parts of their bodies. They also used cigarettes to burn patterns in their skin that later formed scars. Some of the cigarette burns were in very distinct patterns that usually stood for membership in a particular gang. Commonly the presence of a cigarette burn symbolized their willingness to participate in criminal activity. The more burns they had, the more vicious or hard-core they were. They also began imitating the dress of Hispanic gangs, wearing loose fitting jeans or khakis, white t-shirts, web belts, and some began to wear bandanas and hairnets or combed and greased their hair back. These gangs were usually made up of teens from 13-19 years old and numbered about 20-40 members in each group. Most of the Vietnamese gangs which have impacted California, primarily Orange County’s Little Saigon, have remained in groups no larger than 40 strong; however, some multi-ethnic groups like the Asian Boyz and the Tiny Rascal gang seemed to have banned together and some groups have reached over 500 members. Their membership has spread throughout the state of California and across the United States, from California to Texas, Louisiana, and Washington, Oregon and elsewhere in search of employment or other relatives from Vietnam.4 Asian street gangs are relatively new with regard to their counterparts in the gang subculture, i.e., Hispanic, Black and other ethnic gangs. Asian street gangs are basically in their first generation in America whereas the other mentioned groups are on their third and fourth generations. These gangs have specific traits that set them apart from other street gangs, yet they also adopt traits that are common to other street gangs. In some ways Asian street gangs are different from any other gangs we have encountered in law enforcement. These gangs are well organized with a sense of leadership or direction, and they are extremely mobile, utilizing the fast moving freeway systems with relative ease, traveling from city to city and state to state virtually undetected. Typically they are involved in criminal gang behavior for economic gain. When we talk about Asian gangs, we are talking about many different ethnic groups: Chinese, Japanese, Korean, Filipino, and Southeast Asians. The Southeast Asians make up the largest group, which includes the Vietnamese, Cambodian, Laotian, Hmong, and Mien. Each one of these ethnic groups is dynamically different from one another even though some share similar cultures or customs.5 What puts Asian street gangs well ahead of the rest of their counterparts is their pledge of secrecy, ability to adapt and overcome law enforcement efforts brought against them, and 3 See Nye (2003). Ibid. 5 Ibid. 4 4 Home Invasions and Identity Theft 22 April 2004 above all, their sheer determination to succeed. For thousands of years the Asians have had customs that involve the formation of secret societies, groups or clubs. It is virtually impossible for an outsider to penetrate these secret societies, called Triads or Tongs. Asian street gangs today have similar traits of secrecy that make it difficult for law enforcement officials to infiltrate these groups and combat them. These groups quickly learn when law enforcement officials have discovered ways to thwart their criminal activity, and just as quickly change the ways in which they carry out their business. Lastly, it appears that Asian gang members follow the stereotype of hard work and high achievement, and are therefore very successful in their criminal endeavors. This researcher was once given an example of an Asian gang member by an Asian gentleman. He told the researcher that Asians are very determined to succeed and are thus very achievement oriented. He said that there are 4.0 students and there are 4.0 gang members, but there is no mediocrity. In other words, an Asian person is either highly successful in school or business or he is highly successful in his criminal enterprise. Many Asian street gang members personally encountered in Westminster County are “straight A” students, yet are involved in the gang lifestyle almost as deeply as the other members who are not as gifted. These scholars are criminally sophisticated, and just as ruthless and violent as the others, preying upon their victims without any sign of decency or remorse.6 Asian street gangs have for many years preyed upon their own people of race. When committing crimes such as home invasion robberies they torture members of the household that are of their same ethnic group. When they commit crimes such as extortion, and even strong-arm robbery and burglary they also often prey upon victims from their own race: Nomadic Vietnamese armed robbers have a substantial lack of remorse for their victims. They feel they are righting wrong, correcting inequalities or balancing the books. Victims are often spoken of in anger as if they have somehow violated a sacred pact to share and share alike. This stems back to the successive waves of refugees, where the first wave were the elite and the second and successive waves who were left behind endured many hardships along the way. These acts of gratuitous violence and torture are culturally prohibited acts; such as rape and sexual assault of young females, tortures of children and infants, the elderly, and pregnant females. The criminals find no guilt by going against these norms and customs and feel justified in this type of behavior as explained above. In the Village mentality of the Vietnamese people (which extends to the criminal fringe and is the foundation of every Vietnamese criminal gang) they see that great wealth is antisocial, not a sign of success but a sign of selfishness.7 Although law enforcement’s efforts seem to be gravitating toward fighting Asian street gang violence, it has been a long time coming. It is believed that this is because 6 7 Ibid. See Cassidy (1991). 5 Home Invasions and Identity Theft 22 April 2004 relatively little information is known about Asian street gangs, and the victims of Asian street gang violence are Asians themselves, many of whom do not report the crimes to the police. As more non-Asian victims begin to be attacked by the Asian street gangs, we will see more attention drawn toward combating the problem. The following synopsis is a brief overview of Asian gangs, their history, makeup, place of origin, and their methods of operation in the United States. The researcher’s expertise lies in the area of Southeast Asian street gangs, primarily Vietnamese gangs that impact the City of Westminster, and Orange County, California. Therefore, most of the discussion will focus on Vietnamese gangs that impact Orange County as well as other areas of the United States. 2 Current Trends In the past few years, the Southeast Asian gangs have become even more organized, with some hierarchical structure. One to three hardcore members who have usually spent time in the state correctional system or have a strong propensity toward violence usually lead the gangs. These leaders can change from time to time. The gangs have increased in number; almost double that of five years ago. The gangs and gang members have become more violent, adopting trends similar to that of Hispanic and Black gangs throughout the country. They are forming violent gang rivalries amongst their own racial groups, resulting in numerous homicides and other serious injuries. The Vietnamese, Cambodian, and Laotian gangs that used to be involved in the gangs for profit or survival in the form of property crimes have focused much of their attention on violence against each other. Drive-by or car-to-car rival gang shootings are on the increase. Gang members are arming themselves sometimes with fully automatic handguns (tech 9’s), assault rifles, shot guns and semi automatic handguns and are opening up on each other. This is not a turf war as Vietnamese and other Southeast Asian gangs are not territorial and are very mobile. This is a war over power, the fight for recognition, with each gang striving to be the most notorious or most feared gang. The gang/gang members earn respect by the amount of violence they project in the community and the frequency with which they commit these violent acts.8 8 See Nye (2003). 6 Home Invasions and Identity Theft 22 April 2004 Figure 1: Hispanic style of dress on Asian gang members (Courtesy of Orange Police Department) Each member takes a sense of pride from being associated with a strong, powerful and violent gang. The shootings and/or homicides are sometimes also the result of minor confrontations between gangs who use to associate with one another and are now rival enemies on the warpath. These wars or battles continue for long periods of time, with each group committing several shootings against their rivals. Some of the shootings occur in public places particularly in or around Vietnamese cafes or coffee house in Little Saigon. Others occur in quite residential neighborhoods where some of the gang members reside with their families. Figure 2: Homicide scene—gang member armed with “The Club” was shot and killed in gang rivalry (Courtesy of Westminster PD) 7 Home Invasions and Identity Theft 22 April 2004 2.1 Younger Members The gangs have strongly impacted the high school and junior high school campuses. Most of the gangs originating on these campuses associate regularly. Others join gangs for protection against the gang violence on campus. The well-established Hispanic gangs used to pick on these smaller and different students who they perceived were moving in on their territory, until the Asians banded together to form gangs. Sadly, many young Vietnamese today resort to delinquency, and some even belong to various criminal gangs. Their behaviors are the result of lack of guidance and care because many came to America without one or both parents. “Most of the Vietnamese kids today, even the older ones, don’t uphold any human values. They have no concern for their culture; most don’t want to take the time to learn it. They don’t even listen to what their parents say, let alone respect them.” Little Saigon like many other Vietnamese communities in the U.S., has its own propensity for crime and violence. Crimes range anywhere from extortion to car jacking; robberies to nationwide drug rings, check scams, illegal gambling, and prostitution. And many times, it is kids who are involved in these illegal activities. Statistics indicate that Vietnamese gangs are ranked number one in terms of brutality and rampant criminal acts.9 Some members of these newly formed gangs are as young as 12 to 13 years old. Smaller or junior factions of already formed gangs are beginning to form at junior high school campuses. Junior members are usually family members; younger brothers or sisters or cousins to the older gang members, and associate with the older, more established gangs on a regular basis. They in turn form small gangs at school. The junior gang members form their own groups which they usually tell law enforcement are nothing more than a group of friends or a party or dance crew. Some of these junior gangs are involved in tagging; a phenomenon sweeping the state of California, where massive amounts of personal and public property are vandalized by groups of teens who spray paint their crew or gang names on businesses, homes, freeway overpasses and other property. The members are also involved in vehicle burglaries, residential burglaries, and assaults of others or rival gang members. These junior or young gang members are training for recruitment to the more recognized and organized street gangs. Some of the young members have already begun to accelerate their assimilation into the more established gangs by acts of violence and the carrying of firearms. Others have been trained by their older more sophisticated gang associates on how to commit home invasion robberies; how to select targets, plan operations and safely escape authorities after the commission of them.10 9 See Ngo (1995). See Nye (2003). 10 8 Home Invasions and Identity Theft 22 April 2004 One group of young gang members, aged 13-15 years, was involved in auto theft and burglary. Members who have been arrested and interviewed have indicated to law enforcement that they stole up to two cars a day to be used as transportation to assist in the commission of other crimes. Members break into and steal the vehicles in as little as sixty seconds using very sophisticated methods, taught to them by older gang members. They usually steal minivans and Honda vehicles. The minivan seats are taken out by the suspects and the vehicles can then be used for the transportation of stolen contraband taken in residential burglaries and home invasion robberies or during the commission of a drive-by shooting against a rival gang. The Honda vehicles, a highly prized item by the gang members, can be sold to other gang members or chop shops. 2.2 Female Gangs Female Asian gangs have existed almost as long as their male counterparts; however, with the passage of time, they have gained their own independence from the male gangs. They formed their own gangs like the “Southside Scissors”, “Innocent Bitch Killers”, “Lady Rascals”, “Silver Middle Girls”, “Oriental Dragon Girls”, “Crazy Viet Girls”, “Asian Girls” and others. These gangs have slowly diminished over time however and many of the aforementioned gangs are no longer in existence. Females however still play an active support role to their male gang counterparts. They hide guns, money and other loot for male gang members who are involved in home invasion robberies and other crimes of violence. The female gang members originally were little sisters to the male gangs. They associated with the male gang members and sometimes participated in criminal activity, acting as lookouts during burglaries, and as decoys during the commission of home invasion robberies. The female gang members and associates offer good company to the male gang members. Most are young teenage runaways who travel along with their very mobile male counterparts. The male gang members treat them with respect, much like little sisters or cousins. The females aren’t usually sexually assaulted or even toyed with, unless it is with their willing participation.11 The female gang members began to take on their own independence and became involved in criminal activity of their own accord. Some became involved in petty theft and burglary of commercial mall outlets. Some even participated in and/or committed residential burglary. 11 Ibid. 9 Home Invasions and Identity Theft 22 April 2004 Figure 3: Girl gangsters at Rave – associated with home invasion crew (Courtesy of Westminster PD) Trends of the female gang members in the 1990s, shows them to be more independent of their male counterparts. They were becoming increasingly more violent. Rival female gangs were having wars much like the rivalries of the male Asian gangs. The females were arming themselves with clubs, knives, stabbing weapons and, in some cases, firearms. Two very prominent female Asian gangs in the 1990s were the “Lady Rascals” and the “Southside Scissors”. These gangs had been involved in several incidents of violence including shootings and beatings of each other’s members. Their rivalry was just as strong and violent as those of their male gang counterparts, as well as sharing the same enemies (both hardcore gang members and associates). Female gang membership however, in the past couple of years, has seem to be on the decline with many members of already established and long-time gangs fading away. There seems to be fewer new female gangs being formed; however, most of the active male gangs have females that run with them and are allegiant to them and their cause and provide intelligence to the gang. These females are able to cross enemy lines without too much difficulty and can provide invaluable information about their rivals. Although female gangs may still be in existence they are well adept at concealing the fact from law enforcement, as there are many fewer documented members as was evident in the 1990s. The female gang member or gang associate is just as violent and dangerous as the male gang member and therefore should not be underestimated. The female gang members will sometimes hold weapons for their male associates assuming that most male police officers will not pay much attention to them or are less likely to conduct pat down searches on them.12 The female gang members or gang associates, in some cases, have in the past dressed very similar to the male gang members. They wore baggy, loose fitting clothing such as baggy pants, oversized shirts, usually untucked, and in some cases, baseball caps. The females would also carry beepers and wear belt buckles with gang insignias. They tattooed themselves with gang names and monikers. The females were more apt to hide 12 Ibid. 10 Home Invasions and Identity Theft 22 April 2004 their tattoos than the males. Female gang members would usually tattoo themselves between their fingers as well as other parts of the hand. Other locations where tattoos could be found were the ankles, legs, chest and back. Due to the similarity in clothing styles, the females would sometimes perpetrate a crime and be mistaken for males. This does not appear to be the fact today. In the past couple of years law enforcement has seen a dramatic decline in this trend. It is unknown if the female gangs themselves have disbanded or members have grown up and left the gangs, or if they are just more secretive about their membership. They seem to still have close ties to the male gangs however, but don’t usually dress the part.13 In other cases the females can dress up for going out on the town and not look like gang members at all. This can be very deceiving to the novice police officer that has no knowledge of individual gang members. Therefore, caution should be utilized when contacting large groups of females whether or not they are dressed in gang attire. Even though they disguise their appearance, they usually drive the same vehicles they drive when playing the part of the gang member. Therefore, it is important for law enforcement officers to document not only individual gangs and gang members, but gang related vehicles as well. 3 Crime Trends The most common crimes perpetrated by the Southeast Asian gang members are: home invasion robberies, armed and strong armed robberies committed on a person or persons, residential and commercial burglaries, auto theft, burglary, extortion, drive-by and car-tocar shootings (including murder and attempted murder of rivals), other assaults and weapons violations, with the most recent of the crime trends being check fraud, credit card fraud, counterfeiting of documents including American Express Travelers Checks, computer internet theft, identity theft and possession and sales of Ecstasy and other controlled substances such as methamphetamines and cocaine. 3.1 Home Invasion Robberies Home invasion robberies are probably the most violent and sophisticated crimes of the century and have been a trademark of Asian gangs for many years. The home invasion robbery is an extreme act of terror that involves the use of torture and occasionally results in serious injury or death to the victims. These robberies are carried out by street gangs or bandit groups. These criminals learn of would be victims usually by obtaining inside information, they then surveil their targets much like the police surveil crooks, then they enter the victim’s homes, and round up family members whom they later threaten and commonly torture, to coerce the victims into providing instant information about where to find items of value inside the house. The crooks then take the loot and flee, leaving behind frightened if not psychologically damaged victims of all ages. Home invasion robberies are carefully planned by members of a gang, bandit group or home invasion crew. This crew will carefully select a target. A target will, in almost all cases, be of Asian descent. He/she will most likely be an owner of a jewelry store, 13 Ibid. 11 Home Invasions and Identity Theft 22 April 2004 furniture store or other lucrative business in the Asian community. The target will drive fancy cars, usually live in an upper class neighborhood, and has been known to flaunt his/her wealth. The target might be a gambler, utilizing the card clubs in the metropolitan area. The victim might also operate a business out of his home, where the proceeds are not likely to be reported to the I.R.S. Additionally, most Asian persons do not use banks to deposit their earnings. In their country, the banking system was corrupt and not to be trusted. Therefore, many Asians keep large amounts of money, gold, and jewelry in their home. Some targets are also persons who are planning a trip to Vietnam. In these cases, it is a common practice for persons traveling to Vietnam to bring gold, money, and other gifts to friends and family members living there. These items will usually be readily available before a trip. The victims may also be bookies or operate some type of off-shore betting network, or drug dealers who supply the community with ecstasy and/or other controlled substances. Sometimes the home invaders purchase drugs from the dealers then turn around and invade their homes to get more drugs and the cash they left behind and any other cash or valuables in the household. Victims may also be recent newlyweds who receive expensive gifts, in the form of jewelry, gold or large amounts of cash, from relatives or friends to start their new life. In most cases, the targets (victims) usually fit one of more of the above profiles. There is a reason for the target profile, according to numerous gang members who have been interviewed by law enforcement personnel. If the victim or target owns or operates a business out of his residence where income is not reported for same, or is involved in illegal gambling, proceeds of which are not reported to the I.R.S., he is reluctant to contact the authorities to report losses. This fact is well known to the suspects and is a strong motivating factor for selecting such a target. In some cases, the victims also feel that if the suspects are not apprehended during the commission of the crime, then most likely the suspects will never be apprehended. Victims also fear retaliation from the suspects who threaten bodily harm and even death if the crime is reported or the perpetrators identified. Additionally, some Asian victims do not understand the American Criminal Justice System, where suspects are given so many rights, including the most important of all, bail or are released on their own recognizes. When an Asian victim reports a crime to the authorities, identifies the perpetrators, then the suspects return to his home or business just hours or days later to threaten the victim if he testifies, the victim feels that the suspect has bought off the police. The victim(s) can not understand why this person or group of persons that he just identified as committing a heinous crime against him and his family is out of jail and back to cause harm to him and his family. Therefore, the Asian victim has a strong distrust and confusion about the Criminal Justice System. The Asian victim feels it is almost futile to report his crime to the authorities. There must be an effort to educate the Asian immigrants/refugees as to the workings of 12 Home Invasions and Identity Theft 22 April 2004 the American Criminal Justice System. There is a need for close association and trust between the police and the Asian community. The best way to build trust and cooperation in the community is to have a unit specifically assigned to the community, members of which spend a large portion of their time communicating with business owners and other community leaders. Information packets should be written in Vietnamese and distributed amongst the community, and Asian-speaking persons should be available to answer law enforcement questions, and officers assigned to the unit should rotate so the entire department learns about the Asian culture. Home invasion robberies are probably the most sophisticated of the crimes perpetrated by the Asian criminal. Selecting the target is just the first phase of the operation. The next step is further planning and surveillance of the target.14 The victim in some cases is followed home from his business, from a gambling club or other location. Once the victim’s house has been identified, it is then surveilled. In some cases, the suspect may even know a family member or other occupant of the residence who can supply specific information about the floor plan such as where each occupant resides, if there is a security system, or if there are any animals in the residence that may be a threat, and where valuables and any weapons can be located. Figure 4: Gun dropped by fleeing home invaders & tools used to force entry into residences (Courtesy of Westminster PD) The suspect gang members are commonly assigned specific tasks; one or more may be in charge of watching the victims, while others are responsible for searching for valuables. The suspects, usually numbering no less than two, and no more than six, are armed. The weapons most commonly used by the suspects are large knives, small to large frame handguns, and sawed-off shotguns. Other equipment or tools used by the suspects will be telephone cords, electrical cords, or duct tape used to tie up and sometimes gag the victims. Pillowcases will usually be used to cover the victim’s faces or are used to carry stolen merchandise. Other tools are used to gain entry into the residences such as pry 14 Ibid. 13 Home Invasions and Identity Theft 22 April 2004 bars, metal cutting saws, bolt cutters and large frame hammers. Some of this equipment or tools are obtained inside the victim’s residence once entry has been made. An example of a home invasion robbery can be described as the following: the suspects arrive at the victim’s residence in two separate vehicles. One is occupied by a lookout. Both cars are either stolen or are cold-plated (have license plates stolen from other vehicles). The rest of the suspects approach the victim’s residence. A ruse is commonly used to gain initial entry in to the house. A common modus operandi is a young female (criminal associate) will make contact at the front door asking for another school aged person inside. Once the door is opened, the rest of the suspects force their way in and the robbery is under way. One of the suspects is clearly in charge as he barks commands to the other suspects. All the victims are rounded up by the armed suspects, and put in one room where another armed suspect can watch them. The victim’s hands and feet are bound with duct tape, telephone wires, zip ties, torn sheets or other similar material. Pillowcases or blankets are often put over the victims’ faces so they will not be able to remember specifics about the suspects. In many recent cases the suspects wear ski masks or bandanas to cover their faces and conceal their identity until the victims are covered up.15 Once the victims are secure in one location, the father or main male figure is usually the first of the household to be threatened with violence to quickly direct the suspects to money, jewelry and other valuables. The adult male victim is most likely the recipient of a pistol whipping, a gunshot wound in a non-vital area, or another form of torture. The torture is used for quick compliance, so the money and jewelry or other items of value will be found directly. If torturing the main male member of the family does not work, then other members of the family will be tortured. Reported incidents include young female family members who are sexually molested and/or raped in front of other family members. Children and small babies are dangled by their legs over the floor or the toilet as the family watches helplessly. Other forms of torture that take place include the burning of victim with cigarettes and shocking them with stun guns, the pouring of hot oil over the victims lower extremities and in one case toothpaste being squirted up the nostrils while socks are shoved in the mouth of the victims. Once the suspects get what they want, they leave the location with the loot sometimes taking the victim’s vehicle to make their escape. Before leaving the scene, a threat of violence is issued to all family members. The message orders the victims to keep quiet and not to report the incident to the police. The victims are told if the message is disregarded, the suspects will return and the torture will be worse. Sometimes knives or live bullets are left in the open as a reminder to the victims, should they return, their will be serious consequences. 15 Ibid. 14 Home Invasions and Identity Theft 22 April 2004 Figure 5: Typical ski mask worn by home invaders and cotton gloves used to eliminate fingerprints (Courtesy of Westminster PD) The commission of home invasion robberies has gone in cycles throughout the Little Saigon area and around the country. These robberies were committed in large numbers from the late 1980s to the mid 1990s. There was a lull in robberies between 1996 and 2000. What was going on during this four year period? Was the slow down in robberies due to the primary crews being locked up and put away from society, or could it be that enhanced penalties for suspects arrested during the commission of a robbery caused them to change their crime patterns, or could it be that they just moved on to different types of crimes for one reason or another.16 Whatever the reason there was a large gap in home invasion robberies for a period of four to five years. Then in late 2000, there was a large resurgence of robberies throughout Orange County’s Little Saigon and surrounding communities, as well as across the country in other states having clusters of Southeast Asian immigrants. These criminals were more sophisticated than ever before. In the past investigators were able to show photo line-ups of all local gangsters to victims and witnesses and, with some luck, some of the perpetrators were identified, arrested and later prosecuted. However today we are faced with more sophisticated gangsters who have adapted to law enforcement identification techniques such as showing of photographs and lifting of latent fingerprints. The Asian criminals presently committing home invasions in and around Orange County’s Little Saigon are wearing ski masks, bandanas and t-shirts to cover their faces, and socks or gloves to cover their hands. The suspects are also immediately covering victims with blankets. Unless law enforcement apprehends the suspects in the commission of the robbery or immediately thereafter, it is very unlikely that we will ever 16 Ibid. 15 Home Invasions and Identity Theft 22 April 2004 be able to apprehend them. Therefore other sophisticated law enforcement techniques need to be employed, to identify and later apprehend and convict these criminals, to include the use of DNA. Law enforcement officers need to be trained on how to properly collect items left behind or touched by criminals so as not to contaminate their later scientific examination. In the mid 1990s several members of a local Asian street gang were arrested by the Westminster Police Department’s TARGET Gang Unit, assisted by several other outside law enforcement agencies, following an extended surveillance of two of the gang’s crash pads. Information was also obtained from an informant with intimate knowledge of the gang’s activities.17 The surveillance of the gang’s crash pads lasted over a one week period and searched warrants were subsequently served at both locations. The search of the first location resulted in the discovery of two stolen handguns and a shotgun, a large amount of ammunition, VCRs, stereos, televisions, karaoke machines, laser discs, jewelry, coin collections, binoculars, cellular phones, scanners, US passports, identification cards, expensive clothing and large amounts of cash. All of the loot was found to be stolen from a series of home invasion robberies throughout Los Angeles and Orange Counties. The investigation that followed revealed that members of this Asian street gang were selecting their targets through the local phonebook. They would thumb through the phone book, look for random Asian names, and make cold calls to the residences. They would make repeated calls to the locations to determine when the residents were at home and when they were away. Their intention was to burglarized the residences when the victims were away; however, the suspects would go to the residences armed with handguns should they encounter victims, which they did and many occasions. The suspects also used cellular phones to communicate with one another in vehicles used to surveil the victims, and used hand-held scanners to monitor the police radio traffic in the area. The suspects also used Thomas Brother’s maps to coordinate their surveillance and the avenues of escape. The passports they stole were to be sold to organized crime groups for $5,000 to $10,000 a piece for use in smuggling illegal aliens, potentially for the purposes of prostitution, into the country. In yet another recent home invasion robbery the suspects preyed upon Asian victims in Westminster California who were returning home from their wedding. In early 2001, an Asian couple got married and had their reception at a restaurant in Little Saigon. While the reception was underway four masks suspects went to their residence and forced entry through the rear. The suspects ransacked the residence looking for cash, jewelry and ecstasy. The suspects had information that the victims were drug dealers and had a safe containing drugs and cash within the residence. The suspects not finding what they were looking for waited for the victims to return. Later that evening the married couple and two other family members, another male and female, returned to the residence. As they entered the residence they were encountered 17 Ibid. 16 Home Invasions and Identity Theft 22 April 2004 by four masked gunmen. The gunmen immediately began pistol whipping the victims before the victims could utter a word or even put up resistance. One of the females was drug into a nearby restroom within the residence and was stripped of her clothing. One of the male suspects then unzipped his pants and pulled out his penis which he began rubbing on the female as her husband watched from his position on the floor where he was knocked to and held. All the while the suspects yelled at the victims and demanded a large diamond ring that they believed the victims possessed. The suspects also demanded cash and other valuables. Not getting immediate response from the victims one suspect took a pair of gardening sheers and pinched one of the male’s pinkie fingers between the blades. When the victim did not respond with the right answer his finger was cut to the bone, but not severed. The sheers were then placed on the victim’s ear and his ear was snipped at the earlobe. It is unknown if the female victim was sexually molested as she was not forthcoming on what occurred other than previously stated. It is possible however that she was sexually molested although she failed to acknowledge the fact due to shame associated with the attack.18 While the robbery was underway, one male victim was able to escape and called 911 from his cell phone while hiding under a futon in the rear yard. The male who escaped did not live at the residence and was unable to pinpoint his exact location, but Westminster Police Officers soon arrived in the general area. There must have been a lookout in the area, for as soon as the officers arrived on scene the suspects fled the residence. One suspect ran down a nearby alley, still wearing a ski mask and armed with a loaded semi-auto handgun. That suspect was apprehended by officers on scene without incident. He was later identified and it was discovered that he had been a previously convicted home invader who was in his mid to late 20’s. The arrestee was also adorned with a tattoo on his chest that clearly represented what he stood for, extreme violence. The tattoo (photo below) depicts a masked invader holding an Uzi machine pistol. The three additional suspects fled to a nearby flood control channel and escaped via an adjoining spillway. The fleeing suspects left behind two handguns, a ski mask and a pair of cotton gloves. Officers located a female Asian parked nearby hours later. She said she responded to the area to pick up her boyfriend who had called her to the area. She identified her boyfriend who was a known Asian gang member on parole. Officers later went to the gang member’s residence and conducted a consent search of his residence where they discovered a black cotton ski mask with eye holes cut out, several pieces of expensive jewelry and watches as well as a suitcase packed with clothing. The suspect was not located at the residence. Further investigation revealed that the ski mask left behind by one of the suspects scientifically matched to this suspect’s DNA. A warrant was sought for his arrest. 18 Ibid. 17 Home Invasions and Identity Theft 22 April 2004 Figure 6: Tattoo of arrested home invader (Courtesy of Westminster PD) From late 2000 to early 2001, there had been 14 home invasion robberies in a few months of time that occurred in the cities of Westminster, Garden Grove, and Huntington Beach. Members of the aforementioned police departments banned together to share intelligence information and to develop a plan to apprehend the home invasion crew believed to be involved in a majority of the crimes due to similar methods of operation employed by the suspects. Officers from Orange County, from the cities of Westminster, Garden Grove, Fountain Valley, Huntington Beach, The Orange County Sheriff’s, Orange County Regional Gang Enforcement Team, CDC parole and Orange County Probation met and conferred on these leads.19 Police Investigators armed with the suspect profiles and other informant information discovered a possible crash pad of the suspect group in Stanton, and unincorporated area of Orange County. Armed with this new information members of the respective departments in this newly formed informal task force decided to serve search warrants on two identified gang crash pads in Stanton. Two SWAT teams from Westminster and Garden Grove Police Departments were assembled along with approximately twenty law enforcement officers from the aforementioned departments, and all took part in surveillance at an apartment building in Stanton. Not two minutes after the surveillance began, suspects were seen leaving the apartments and getting into two vehicles. Undercover officers followed the vehicles and learned that one of the vehicles contained a male Vietnamese suspect wanted in connection to a Garden Grove home invasion where a victim had been shot in the neck. The officers also believed the other vehicle 19 Ibid. 18 Home Invasions and Identity Theft 22 April 2004 contained a primary suspect wanted in connection to a Westminster home invasion robbery. It was soon decided that high risk car stops would be made on the vehicles. One vehicle contained three occupants and the other a single occupant. A high risk car stop was initiated approximately two miles from the target location. The first of the vehicles to be stopped was a Lexus coupe. The driver of the Lexus failed to yield and drove around the other suspect vehicle and attempted his escape. The officers then got behind the second vehicle and initiated a high risk car stop. The vehicle stopped abruptly and the officers ended up directly behind the vehicle on a busy street in a commercial district near a large strip mall. The second vehicle then stopped directly ahead of this vehicle and was parked directly in line with the first vehicle, approximately 100 yards away. Officers, who stopped the first vehicle occupied by three males, began to issue commands to the occupants to exit one at a time with their hands up. Approximately one minute later, the driver of the vehicle exited the driver’s door armed with a semiautomatic handgun pointed in the direction of undercover officers nearby. The officers who initiated the car stop opened fire on the suspect striking him several times. The suspect went down, still clenching his handgun. This suspect who later died from his injuries was identified as a Vietnamese gang member wanted in connection to a home invasion robbery and attempted murder of a Garden Grove resident. Two other male Vietnamese gang members were extracted from the same vehicle without incident. Three other loaded semi-automatic handguns were found in the vehicle. The suspect from the second vehicle (Lexus) stopped by undercover officers was later identified as a Vietnamese gang member and California Youth Authority parolee, who was on parole for home invasion robbery. All of the suspects arrested were from different but allied Vietnamese street gangs.20 Figure 7: Loaded semi-automatic handguns recovered from vehicle occupied by home invaders (Courtesy of the Orange County District Attorney’s Office) Search warrants served moments later at the apartments under surveillance revealed ski masks, bandanas, cotton and surgical gloves, pry tools, bolt cutters, hammers, chisels, 20 Ibid. 19 Home Invasions and Identity Theft 22 April 2004 shoes laces (used to bind some victims) and other items used in the commission of robberies. Three additional persons were found at the apartment, one male and two females. A vehicle impounded at the apartment complex, another Lexus automobile was impounded and later searched by investigators. The vehicle contained four large black jackets, a shotgun and a quarter pound of marijuana. A female, the registered owner of the vehicle, was later arrested and booked for the weapons and drugs found in her vehicle. She was later determined to be the girlfriend of an outstanding home invasion suspect from the aforementioned Westminster case involving the newly wed couple and family. A few months later Westminster investigators received word that there was a home invasion robbery in Murrieta, Riverside County, nearly 60 miles east of Orange County, where an officer was shot by one of the suspects. Westminster investigators contacted the agency and learned the following. At approximately 4:00 AM a neighbor witness noticed several males in dark clothing exit two vehicles which drove into the neighborhood with the head lights out. As the occupants exited the vehicles they put on gloves and continued walking down the street. Officers responded to the call thinking that the suspects might be breaking into cars in the neighborhood. The city of Murrieta had not had any home invasions to date. As the officers arrived on scene, one officer made contact with a male, possible lookout, who exited the bushes nearby. While one officer was making contact with this subject, another officer saw another male nearby peaking over the side yard fence of a nearby residence. The officer ran toward the subject who ran down the side yard of the residence to the rear. The officer continued to give chase. Prior to the subject reaching the backyard, he went down on one knee, spun around toward the officer and opened fire. The officer was struck twice in non-vital areas. The officer returned fire and struck the suspect several times. The suspect got up and ran to the backyard where he later collapsed. At the same time, another suspect ran further west and engaged the other arriving officers in gunfire. No additional officers or suspects were shot. Officers requested the assistance of other allied agencies and five suspects were ultimately apprehended. The suspect who was shot by the injured officer survived his injuries. He was later identified as a suspect wanted in connection to a Westminster home invasion robbery, and the boyfriend of the female arrested for the contraband found in the trunk of her vehicle. All suspects were later identified as members and/or associates of Vietnamese street gangs from Orange and Los Angeles Counties. Three of the suspects were from different yet allied gangs. Two additional suspects apprehended had no specific gang ties, yet one was an alarm specialist and the other worked at a cell phone company. It was later learned that the alarm specialist was at the location to disable the alarm, and the male who worked for a cell phone company was identified as a suspect who sold the would be victims of the attempted home invasion a cellular phone and had access to their home and work address and other financial information. 20 Home Invasions and Identity Theft 22 April 2004 As a result of the coordinated effort between law enforcement agencies we were able to apprehend a large group of violent Asian criminals who were responsible for a great majority of the robberies in the area at the time. This coordinated effort has been in place between agencies and gang units working Asian criminals for many years. Due to the mobility of these nomad criminal groups, we have to regularly cross our boundary lines and chase them into other cities, counties and states and without the assistance of other law enforcement agencies, this could not be accomplished. If we fail to coordinate with brother officers in other jurisdictions we will lose the battle against these mobile terrorist groups. Home invasion robberies are acts of terrorism carried out by young male and female Asian gang members or bandit groups. According to gang members interviewed by law enforcement personnel, these acts of violence are so matter of fact, the suspects who perpetrate them call the home invasions “knock, knock.” They may say to one another very casually, “let’s go knock, knock tonight.” Their reason for the robbery is to get money for their daily existence. They, in almost all cases, don’t work and live a day-today existence. When they need money, they may do a home invasion robbery, strongarm robbery or residential burglary and the proceeds would go to pay the rent, buy groceries, or supply enough money for them to go out on the town and “play” as they call it. One gang member who was interviewed by Mark Nye, who had previously been convicted of home invasion robbery, and is the member of a reputed Asian gang, said that his gang learned how to commit home invasions by watching Chinese movies. He said these movies are extremely violent and are exciting to watch. Other gang members have told this investigator that they thrive on violence and that the loot is not the primary motivator, but that they like to have fun by raiding people’s homes and terrorizing them. A tattoo commonly worn by these Asian criminals explains it in part. The tattoo consists of four or five T’s (TTTT) or (TTTTT) usually in a line, sometimes found in other configurations. The four T’s stand for four Vietnamese words, “Tien, Tinh, Tieu, Thoi,” which translates to “Love, Money, Crime or Sin and Prison.” The fifth T “Thu” stands for revenge or death. This tattoo is usually worn by ex cons, parolees, or other hard-core gang members. The meaning and significance of this tattoo is that it is a badge of honor, a meaning of life for these gangsters. Several gangsters have explained the tattoo to this investigator and the following is a synopsis of what he has been told. The first T means that they have love for their fellow members (homies), the second T means that they are all about making money no matter what it takes or what boundaries; legal, moral, ethical or physical, they must cross. The third T stands for Crime and that they know as a gang member they will have to commit crime as a means of survival and a right of passage. The fourth T stands for Sin. Sin is a part of crime, yet has more moral messages. A sin is against god or god’s wishes where as crime is a society norm and some laws are man made and not from the Old Testament or sins in and of themselves. The fifth T stands for revenge. This came along later in the mid 1990s when the gangs were involved in large 21 Home Invasions and Identity Theft 22 April 2004 scale shooting wars on the streets of Little Saigon, fighting for power and control of the community and its potential rewards (from criminal activity in the form of drug sales, extortion, robberies, etc.). Revenge was what was called for when one of their homeboys was slain by a rival gang. Figure 8: Examples of 4 T’s tattoo on Vietnamese gang members (Courtesy of Westminster PD) All of the Ts therefore stand for the life of an Asian criminal. He is a person who lives a day to day existence, fights for survival amongst enemy gangs, and displays extreme violence against people of his own homeland without showing any signs of remorse. 3.2 Residential and Commercial Burglary The Southeast Asian gangs are involved in numerous residential burglaries throughout Orange County and other parts of California. In some cases, the locations are surveilled much like they are in home invasion robberies. In these cases the suspect gang members look for the telltale signs of Asian victims such as sandals and other shoes left outside the front door (a sign of respect in the Asian culture). The suspects canvas the neighborhoods looking for victims to burglarize. Once they locate a possible target they usually back their vehicle up into the driveway or park in a nearby location. While one or more persons wait in the suspect vehicle, the other suspects make entry into the residence. A common form of entry is breaking a window usually to the rear of the residence if an opened door or window is not located. The suspects take money, jewelry, VCR’s, video games and sometimes handguns. The jewelry and other valuables are most often sold to Asian businesses in the Little Saigon area. The storeowners fear if they don’t purchase items form the suspects, they may be the victim of some type of vandalism or bodily injury. Stolen items may also be traded to other gangs or Asian criminals for guns or drugs. It is not uncommon to find an unemployed juvenile gang member in the possession of large amounts of cash and in some cases, gold and other jewelry. Any items located in 22 Home Invasions and Identity Theft 22 April 2004 their vehicle such as car stereos, VCR’s, and other components should be run to determine if they are stolen or not. Burglary detectives should also be consulted as to whether recovered items match any outstanding stolen property. Patrol officers conducting traffic stops on these individuals should be cognizant of tools such as binoculars, two-way radios, rubber or cotton gloves, duct tape or zip ties, knives and other weapons, found during vehicle searches. Commercial burglaries of computer stores, other electrical component stores, and grocery storage locations are also targets of the Asian street gangs. Numerous computer warehouses and other businesses that keep or sell computer chips have been burglarized and robbed. The computer chip is an item that is difficult to trace due to the fact that the chip has no serial number stamped on it, but there are other ways for law enforcement and the company’s security officials to track them. Some computer chips sell for five dollars to as much as a thousand dollars or more depending on their use. These chips can be sold to organized crime individuals who have connections abroad. Some thefts of computer chips that occurred across California and in other states have amounted to million dollar losses. Other businesses, which fall victim to burglary, are electrical component stores and warehouses where cellular phones, cars stereos, and other components are stolen. Grocery store warehouses are also burglarized and robbed. The loot is usually large amounts of cigarettes. Cigarettes are in great demand and can be easily sold to gang members, other Asian subjects and to Asian cafes or restaurants in Little Saigon. The loot is very often sold back to the victims who will pay the suspects out of fear. Most of the commercial burglaries seem to be committed by local Asian transients or “hypes,” subjects who live their lives under the influence of heroin, cocaine or a mixture of both. These burglars steal anything they can which they usually fence in the community at a local business who might look the other way. Not to say that all of these businesses that buy from these crooks, are crooked themselves, but some fall victim to intimidation by the gangsters, and if they fail to give the subjects something in return for the loot they offer, problems may occur at their businesses in the form of extortion of legitimate customers, damage to property, etc. These burglars use many methods to enter the businesses including cutting through roofs, and tunneling through walls. Some of the methods of operation are sophisticated, and in many cases the suspects go undetected and are never apprehended or prosecuted for lack of evidence. In one particular commercial burglary that Mark Nye recalls, a local Vietnamese transient “hype” that had numerous priors for this sort of crime, decided to have a go at it once more. On this particular occasion, the burglar removed an air conditioning vent from the roof of the mini mall clothing store to gain entry into the store without triggering the silent alarm. The suspect then climbed in through the roof and jumped down into the store, which was quite a fall. The suspect however, missed the floor by a foot or so and penetrated the glass jewelry cases in front of the store. The suspect as a result severed his foot at the heel. The suspect then made a hasty retreat up and out of the business without taking any loss, and left his heel behind. The burglary investigators who arrived at the 23 Home Invasions and Identity Theft 22 April 2004 scene the following day discovered the broken glass case with a piece of human heel left behind, and a blood soaked carpet and bloody bathroom. It appeared more like a homicide scene that a burglary due to the large amount of blood spread around inside of the business. The burglary detectives than put out a broadcast to all hospitals in the area and asked if anyone might be treating a person with a foot injury, primarily, a person missing his heel. One hospital reported that a male Vietnamese patient was suffering from a badly injured right foot; it appeared that the victim was missing his right heel. Armed with a glass jar containing a male’s heel, the burglary detective lifted the jar of heel in formaldehyde and showed it to the victim/burglar. He said, “Are you missing a heel, like this one?” The suspect failed to cooperate at first until he realized that the detective was going to leave with his heel and book it into evidence. The suspect instantaneously admitted to the burglary and greatly took his heel for the doctor to sew back on. When the crook got out of the hospital I paid him a visit at home and took him to jail for the burglary. This is one crook that may change his method of operation, unless he plans to lose more of his extremities.21 3.3 Extortion Extortion may also play a large part in the motivation and later commission of a home invasion robbery. The Vietnamese gangs are highly involved in the extortion of restaurants, cafes, nightclubs and other businesses in the Asian community. The gang’s method of operation is to visit a new café, nightclub or restaurant and make their presence known. The gang members will then gather in a large group, or will separate with one member from the gang sitting at a different table in the location. The gang members will then take up room that would normally be used by paying customers. They will also put their legs across other chairs and, in some cases, even block the entrance of the location. When a waiter/waitress attempts to take their orders, they will tell him/her to go to the next table. The server is then sent to the next table, then to the next table, etc. The gang members will not order or pay for any services. Frequently, the gang leader will order drinks for the whole group, then ask for the bill, which he never intends to pay. The gang members also stage fights inside the location where several glasses are broken and other property is destroyed. After a few such visits, the leader suggests that the owner should have protection from the gangs. The gang leader never asks directly for money, only implies it. The owner, who fears his restaurant will be destroyed or he will be forced out of business for lack of legitimate customers, falls victim to the gang members’ tactics and pays. A requested payment is commonly arranged to be made once a week or once a month. It ranges from fifty dollars to as much as three hundred dollars a week depending on the size and popularity of the location. This type of extortion is hard to prove based on the fact that the gang member never actually demands payment but rather implies it by his actions and the actions of his fellow gang members. Other businesses in the Asian community also fall victim to extortion from the gang members. The gang leader and his members may spend a lot of time in and around the 21 Ibid. 24 Home Invasions and Identity Theft 22 April 2004 location. The gang members as well as the flashing of their gang related tattoos might occasionally flash handguns. The gang leader or other hard-core member will eventually approach the business owner and ask for a “loan.” This loan could be for as much as a few hundred dollars. This loan, of course, is never paid back. The owner, fearing his business will be damaged or destroyed if he resists or contacts the police, will usually pay the gang member. Threat of harm to the businessman and his family by the gang and their associates is also a chief motivator in extortion. If the victim fails to pay the extortion money he and his family is very likely to be the victims of a home invasion robbery, where the extortionists eventually get their payoff at the expense of the victim and his family. The business owner sees the payment as the “price of doing business.” It would be cheaper for him to pay the extortion than to pay the damage that may be caused to his business whether or not the police are contacted. The owner also knows that the police will not always be around to protect him, and the gang in retaliation for his calling the police or failure to pay the extortion will eventually attack him, his family or his store.22 4 Traveling Gangs Southeast Asian gangs; Vietnamese, Cambodian, Laotian, Hmong, and Mien Gangs, by their very nature, are extremely mobile or nomadic. This mobility may have something to do with the great distances they traveled and the hardships they suffered upon fleeing their war torn country to the United States. Many of the Southeast Asian refugees came to the United States through various ports and entered relocation camps. These refugees were subsequently distributed all over the United States. The highest concentration of the Southeast Asians, primarily Vietnamese refugees, ended up in Orange County’s “Little Saigon,” Westminster/Garden Grove, California. Some Southeast Asian refugees maintain ties with other Asians whom they lived with temporarily in their original relocation camps. Still separated by several states, they continue to maintain their close ties. As a result of these ties across state lines, Southeast Asian criminal groups or gangs set up victims for their criminal associates who cross state lines to make a few quick scores before returning to their home state undetected. Additionally, gang members from established gangs may from time to time move from one jurisdiction/state to another. These moves may be a result of adult family members changing jobs, or of families of gang members attempting to get their son or daughter away from the gangs, or the individual gang member getting away from aggressive law enforcement or constrictive probation conditions. These subjects who have been transplanted or relocated continue to maintain ties with their gang member associates. These ties are sometimes later used as mentioned above, in setting up victims for their criminal associates out of state. 22 Ibid. 25 Home Invasions and Identity Theft 22 April 2004 Law enforcement officers in California, Texas, Louisiana, Washington, Oregon, Colorado, Nebraska, Oklahoma, Mississippi, Minnesota as well as other states across the nation and Canada are contacting Southeast Asian gang members on a regular basis coming from other states to commit crimes in their jurisdictions. The following is a list of several Orange County based Southeast Asian gangs who have been involved in criminal activity across state lines. The most often committed crimes are home invasion robberies, extortion and transportation of weapons and narcotics. Orange County based Asian street gangs in the 1990s had been engaged in a drug war conflict backing up organized crime in Port Arthur, Texas. 4.1 Patterns of Mobility In June of 1993, members of the Cheap Boys gang from Orange County, California were contacted in Garland, Texas, in a vehicle occupied by four subjects. All four subjects were arrested for possession of prohibitive weapons and suspicion of narcotics possession. Two handguns, a .45 caliber and .380 calibers, as well as a butcher knife with an 8” blade were found in the vehicle. Also found in the vehicle were two glass vials, one containing a white powdered substance and the other a black tarry substance possibly cocaine and heroin. All four suspects arrested were from the cities of Garden Grove, Midway City, Tustin and Buena Park, all located in Orange County, California. Members of the Cheap Boys gang have been contacted in Port Arthur, Texas and have been involved in a drug war there. Both Cheap Boys and the Nip Family gang used to be affiliate gangs and are now fierce rivals since a homicide in Garden Grove of a Nip Family gang member by a Cheap Boys gang member on April 6, 1993. In the mid 1990s, members of the Cheap Boys gang were aligned with a drug lord in the Asian community of Port Arthur, Texas, while members of the Nip Family gang were backing up the other drug lord, Phi Van Tran. There was a war between Phi Van Tran and the other drug lord (the name of which is still unknown). Members of the two aforementioned gangs from Orange County, California were fighting this war. 26 Home Invasions and Identity Theft 22 April 2004 Figure 9: Tattoos adorned by Natoma Boys and Nip Family Gangsters (Courtesy of Westminster PD) It is believed, according to the Port Arthur, Texas Police, that members of the Nip Family and the Natoma Boys gang may be involved in the attempted homicide of one of their Vietnamese police officers. The incident consisted of the officer’s residence being shot at during a drive-by shooting into an inhabited dwelling. Both the officer and his wife were in bed when numerous bullets penetrated their bedroom wall and just missed the tops of their heads. The attack on the officer is believed to be from the Nip Family gang backing up Phi Van Tran. This was apparently Tran’s way of sending a message to the Vietnamese officer who was apparently creating some major problems for the drug lord over criminal investigations whereby numerous members of Phi’s group were arrested in connection with a home invasion robbery. It is also believed that members of the Natoma Boys gang from Orange County were also involved in the drug war and are in and out of Port Arthur, Texas and Orange County, California. The Natoma Boys gang is strongly affiliated with the Nip Family gang and The V (Asian street gangs). The Westminster Police Department, along with the Orange Police Department and the Garden Grove Police Department served multi-dwelling search warrants on 42 residences of Nip Family gang members in four counties; Orange, Riverside, San Bernardino and Los Angeles, regarding a gang related homicide. In 1992, members of the Nip Family gang in association with the Southside Scissors (female Asian street gang) committed a home invasion robbery in Louisiana. Figure 10: Weapons found at one location of the Nip Family Search Warrants (Courtesy of Westminster PD) 27 Home Invasions and Identity Theft 22 April 2004 Past information obtained from rival gang members indicated that the Natoma Boys are involved in large-scale organized crime. They are also possibly involved in the transportation of automobiles to Texas and New York from California. It is unknown what their contraband is, whether it is drugs, weapons or microchips, but their take is approximately one thousand dollars per person per trip. The Natoma Boys are also affiliated with The V also called the V-Boys. Both the Natoma Boys and the V-Boys have been contacted in Sacramento involved in home invasion robbery and burglary type activity. On October 2, 1993 at about 2200 hours, the Pomona Police Department received an anonymous call reporting a man with a gun at a billiard parlor frequented by Vietnamese gang members. A Pomona Police Officer spotted a possible suspect running from the location, gave chase, and apprehended a gang member who was wearing a bullet proof vest. Other assisting officers surrounding the billiard parlor contained about 30 Asian youths inside the location. No one was injured inside the location, but officers located a loaded gun hidden inside next to a video machine. Another officer found parked at the billiard parlor, a 1988 Ford Mustang convertible and a 1987 Nissan Maxima vehicle connected to the suspect with the bulletproof vest and two of his associates. Inside the Mustang officers recovered a variety of stolen weapons as follows: (5) .380 caliber semiauto pistols; (1) AR-15 fully automatic assault rifle; (1) Thompson .45 caliber rifle; (1) 9mm Luger semi-auto pistol; (1) M1-30 caliber carbine; (3) Importer rifles with folding stocks; (1) Smith and Wesson 9mm semi-auto pistol; (1) Jennings 9mm semi-auto pistol; (1) AA Arms 9mm semi-auto pistol; (1) Browning 12 gauge shotgun (sawed off) and an assorted amount of ammunition for the above listed weapons. At the scene of the above listed incident/arrest, Pomona Police Officers were able to confirm that six of the firearms recovered were stolen out of several cities in Orange County. The suspects arrested were later discovered to be members of two Southeast Asian criminal street gangs; the Johnny Playboys and the Natoma Boys. The Johnny Playboys had been active in Port Arthur, Texas years ago and were connected to numerous acts of violence there. The Natoma Boys, originally from Westminster, California, have been active in home invasion robberies, and weapon and narcotic sales nationwide. On October 2, 1993 at approximately 1550 hours, three to eight male Asians, armed with automatic weapons, entered the Legacy Technology, a computer business at 1020 Lawson in the city of Industry. The suspects bound and gagged the seven employees at the location and took their wallets, an undetermined amount of cash, and computer RAM and CPU chips worth approximately $100,000. The suspects further told the male victims that if they called the police, they would return and murder them and their families. It took the victims two hours to free themselves. It has not been confirmed, but it is possible that the above listed crime was committed by the Natoma Boys and the Johnny Playboys gang members who had been arrested the same day just hours later in Pomona for possession of seventeen (17) fully automatic and semi-automatic firearms, including a bullet proof vest. 28 Home Invasions and Identity Theft 22 April 2004 The V-Boys gang otherwise known as The V is a very sophisticated Asian gang involved primarily in home invasion robberies, extortions and drug rip-offs. The Westminster Police Department T.A.R.G.E.T. Gang Unit over the past several years has arrested several of the V-Boys gang members at crash pads throughout Orange and Los Angeles Counties. A raid of three crash pads in Westminster, Buena Park and Fullerton resulted in the recovery of numerous handguns, stun guns, binoculars, jewelry, stereo components, and large sums of cash. Most of the items recovered were stolen from numerous home invasion robberies throughout Los Angeles and Orange Counties. Figure 11: Typical tattoo worn by members of The V, a notorious Vietnamese street gang and a home invasion related tattoo worn by a leader of The V currently serving a murder sentence (Courtesy of Westminster PD and the Orange County Sheriff’s Office) The same set of V Boys were surveilled by the Target Unit, and other investigators from neighboring agencies, from the city of Westminster, to San Gabriel and were finally stopped on the 10 Freeway in Fontana. Eight members of the V Boys were detained and four loaded handguns, stun guns, binoculars, gloves and gang paraphernalia items were located in the vehicles. Information from informants revealed that the suspects we had stopped were enroute to Texas to commit home invasion robberies. A past raid on an Oriental Playboys gang crash pad in the city of Westminster resulted in the recovery of two weapons found in a tunnel that ran underneath the residential house. The weapons found were: a pistol grip shotgun and a .32 caliber handgun; two pairs of police type handcuffs; a stun gun and maps covering the entire United States. It is assumed by this evidence that the gang is most likely involved in home invasion robberies around the country. The handcuffs are used to bind the victims; the stun gun is used to torture the victims; and the other weapons are used to intimidate the victims during the commission of a robbery. This is essentially the purpose of these weapons and the ways they are used in a typical home invasion robbery. In December of 1992, four members of Sons of Death were arrested for auto theft in the city of Westminster. They were driving two stolen identical white Hondas. Both of the 29 Home Invasions and Identity Theft 22 April 2004 stolen vehicles had portable two-way radios that the suspects used to communicate between vehicles. Both of the cars were stolen from Northern California and according to the suspects were used for transportation only. The group was arrested in front of an Asian Café in the city of Westminster that is believed to be involved in organized crime. One of the suspects claimed to be the nephew of the owner of the café and had come down to visit.23 There are many other Asian gangs, which by their very nature are very mobile. This mobility, along with the sophistication of the crimes committed by the Asian gang members, makes them the most dangerous and unpredictable of the gangs that prey on the American people. They, because of their vast mobility can go almost anywhere undetected by law enforcement personnel. As a result of the aforementioned facts, a large percentage of the crimes that are reported, go unsolved. Therefore, it is important for all law enforcement agencies to network and share intelligence information on Asian gangs nationwide. 5 Interviews The researchers interviewed eleven police officials in 2003 from the following jurisdictions: Westminster (California), New York City (New York), Arlington (Virginia), City of Falls Church (Virginia), Fairfax (Virginia), Houston (Texas), and St. Petersburg (Florida). All of the officers/investigators worked in gang units, organized crime units, or robbery homicide units, and most had personal experience investigating home invasion robberies. The interview consisted of fifteen questions and each interview lasting approximately one hour. Interviewees across jurisdictions produced remarkably similar responses to the questions. Condensed responses will be given below, with any contradictory responses noted. The interviews served several purposes, including contributing to the development of hypotheses, enriching understanding of the subjective elements of home invasion— including actions and motivations of the suspects and the victims—and evaluating the utility of existing and proposed policy responses to home invasion crimes. Interview questions were organized on an interview form and are listed below. 5.1 Police Officers: Questions and Response 1. How do home invader(s) choose a particular house for home invasion casing? Interviewees report that home invaders obtain inside information on the location from friends, classmates, renters, boyfriends, girlfriends, etc. Home invaders often choose a particular house by obtaining information from employees at restaurants where victim’s weddings are being held or friends of guests are attending weddings, for example. Alternatively, suspects may select a house for home invasion casing based on information from another gang (local and/or out of state), from nail shops where victims show off 23 Ibid. 30 Home Invasions and Identity Theft 22 April 2004 jewelry, or by following victims home from casinos. Officer Tran from the Westminster Police Department states that: Suspects are likely to form into a crew to commit a series of home invasions. They will have a few older males to take charges of the operation. They solicited the assistance of younger suspects to assist with the robbery by watching the victims. The younger suspects will get a small percentage of the profit. The main organizers will also solicit the help of outside sources to get more information on the victims. The source is usually a friend of one of the victims or is aware of the victim’s financial status. It is common that some of the victims will show off their jewelry when they are going to the nail or salon shops. The source could be an employee at the business that later provides information to the robbery crew. The source is not involved in the robbery but will benefit from receiving a small percentage of the profit. Some of the robberies were committed because the victims were not paying back the gambling debts which they had borrowed from loan sharks. Suspects were sent to the victim’s house for collection. Other robberies were committed because victims were ripping off other drug dealers which resulted in debt collection by the suspects. Home invasion robbers frequently choose their victims based on intelligence information they receive. This can be from a close acquaintance such as a girlfriend or fellow gang member, a victim they know personally or from someone who has an in for the victim such as a client, business partner or employee. This inside information, combined with some casing or surveillance, affords them a greater chance of success. In Houston, Asian gang home invasions are now mostly drug-related, such as invasions of drug dealers’ safe houses. Drug-related home invasions are especially profitable. In Florida there were many Asian gang home invasions in the 1990s, but now gangs are turning to more profitable white-collar crime like counterfeiting or identity theft. RICO statutes making gang activity a federal crime with hefty prison sentences have also made home invasions less popular. Asian gang home invaders appear to choose victims based on ethnicity (targeting other Asians and Asian-Americans) and wealth or perceived wealth. They often target business owners. Home invaders will either know the business owners personally or they will receive information from employees, neighbors, or even family members. Some home invaders even work for the victim for a couple of weeks so they can study his or her business habits, get information about the target’s house, family, and so on. Most targets of home invasions are carefully selected, and if the home invader has inside information the invasion takes much less time and is therefore less risky. 2. What is the most important factor for home invader(s) to select a house? Typically the victim household will belong to an “Asian family” and the suspects will have inside information about the amount of money or valuable property inside. In Detective Selinske’s (Westminster) experience drug houses and gambling houses are priority locations because of the amount of money or product that can be obtained. 31 Home Invasions and Identity Theft 22 April 2004 Usually the victims never report the loss and law enforcement is rarely brought into the picture. The next priority includes business owners, especially jewelry dealers or those who make large cash sales. After that, victims can include anyone, from individuals who wear expensive jewelry to average citizens who have the unfortunate problem of having sons, daughters or other relatives who trade inside information on them to the suspects. Detective Proctor (Westminster) said the suspects are not usually concerned about potential resistance by victims, which is actually part of the “rush” for them. Home invaders thus select targets because they believe that there will be cash or other valuables in the home. Recent immigrants have a historical reluctance to use the banking system due to fear of corruption, and tend to keep large amounts of cash at home until they become familiar with the banking system. Through surveillance home invaders know when the occupants are usually at home, when they make bank deposits, and whether they frequently bring cash home. At times businesspeople may even recruit a gang to target their competitors. 3. Why do you believe that home invader(s) would use a weapon to commit a home invasion? Home invaders use weapons in home invasions to enforce compliance with their demands. These weapons, primarily guns, are obtained through illegal purchases or theft. They are not to be used specifically for killing, but possibly to injure victims if they are not cooperative. Home invaders use weapons during home invasions to intimidate victims. The most common weapons used by the suspects are handguns and knives. According to Detective Selinske (Westminster), home invaders use whatever weapons they have available, although most prefer handguns. The suspects want to overcome resistance as quickly as possible and guns offer the best solution to the problem. “You do not have to be close to the victim for them to get the picture.” For simple terror tactics, knives can be employed, but they can generally be obtained after the suspects have gained control of the location. Guns can be borrowed to do the job, either way; they are in almost all cases stolen weapons. Very rarely do suspects use a gun that can be traced back to them or someone close to them. Although suspects most likely feel they will be able to overcome any resistance, it is Selinske’s experience that they will use their weapons to injure and kill if they have to. He has seen victims who were already tied up getting shot because they tried to warn others in the house by yelling. Detective Proctor (Westminster) states that most of the weapons used by the suspects are stolen, usually in other home invasions or burglaries. In regard to whether there is usually specific intent to injure the victims, Detective Proctor said that the invaders like what they do. They do not care if they injure or on occasion kill their victims. Some also enjoy torturing and or sexually assaulting their victims. They do not have any remorse for their victims and do not have any emotional attachment to them. Thus weapons may be used as part of a ruse to gain entry into the home. A gang member may pose, for example, as a delivery person, then force his way into the home at 32 Home Invasions and Identity Theft 22 April 2004 gunpoint. Weapons are then used for intimidation and control, with home invaders ordering victims to “Do what we say or we’ll shoot you.” The homeowner can be neutralized by a gun, and home invaders need to terrorize the victims so they won’t call the police. Home invaders want to get in, take control of victims by placing them in one location, and then get out. Tactics are similar to police tactics in that home invaders rush in and secure people. Asian teens learn tactics through readily available video games, paint gun games, and through movies. Typically handguns are used, as they are easy to conceal. The guns are obtained through the black market, gun shows, borrowing, or through burglary. Detective Bergman (Fairfax) reports that knives, machetes, baseball bats, chains, crowbars, etc. are also used, with duct tape and wire ties to restrain victims. 4. How and where do you think home invader(s) would sell stolen goods after a home invasion (fencing)? Why? Sergeant Frank (Westminster) states that “They would sell to jewelry stores (in and around the community). Easy to sell, no questions or ID’s required. Owners could pop stones out of settings and melt down gold.” Detective Vi (Westminster) adds that once the robbery is committed and the loot is taken, the suspects fence the property to middle persons, with some of it being sold to jewelry stores, pawn shops and even some taken to out of state merchants because it is harder to track the property. Detective Selinske reports that home invasion suspects usually sell their stolen goods on the street to people they meet in cafes, coffee shops, casinos and restaurants. Some have a selected person or store where they will unload specific items such as expensive jewelry, but very rarely do they pawn items. Again, the suspects do not want anything being traced back to them, even if the odds are very low. Detective Rick Rodriquez (Arlington) states that home invaders will pawn stolen goods if they are not experienced, as police officers frequently monitor pawnshops. They may also sell stolen goods on the black market, exchange goods for drugs or weapons, or give goods (particularly jewelry) as gifts. Gang members may also sell items out-of-state, go to Atlantic City and gamble, get rid of the money within their community, or even use the money to start a business. Thus, typically home invaders want quick cash. Charlie Cash (Houston) reports that in the low-level street crime home invasions everything will be taken: jewelry, TVs, etc. while in the mid-level drug-related home invasions only money and drugs will be taken, with credit card numbers stolen as well. 5. What is the biggest factor (motive) that would cause home invader(s) to rob a house? According to Sergeant Frank (Westminster), they need money to pay rent, car, food and utilities, guns, something for a girlfriend, but “also bail money for associates, money to party, and sometimes the robbery is done as a contracted payback from a competitor or spurned relationship.” 33 Home Invasions and Identity Theft 22 April 2004 According to Detective Selinske (Westminster), for the most part, suspects want the money to live the high life, whether this means gambling, impressing girls, having a fine looking automobile or gaining respect. For most suspects, it is about living for today in style and living to impress their homeboys. Detective Selinske said he had one suspect who talked about scoring $160,000 as his share of one hit against a bookmaker. He told Selinske he blew through the money, visiting a whorehouse twice a day, gambling and showing his girlfriend a good time. The money certainly wasn’t about putting away for a rainy day, although according to Selinske, he imagines some smart suspects find a way to hoard some away. 6. Do home invader(s) ever try to cover fingerprints or footprints in the house? Sergeant Frank (Westminster) reports that home invaders sometimes sought to erase fingerprints, shoeprints, etc. by using “WD-40, bleach and wearing gloves.” Detective Selinske states that the experienced criminal will always dress down to commit the robbery. This will include gloves, masks and dark baggy clothing and hats to conceal their features, true size and hair styles. Actual names will not be use and sometime the suspects alter their voices to throw off the victims. It is about not getting recognized or caught from normal fingerprints or witness recognition. Experienced criminals are more careful and will wear gloves or discard shoes afterward. Many home invaders have an arrest record and have learned from experience. If home invaders wear masks, they’re typically local, and if they don’t wear masks they’re from out-of-state. Little evidence is usually recovered from home invasion scenes. Complainants may also be confused and tell police gloves were worn (so officers will assume no prints), when actually the gloves were removed after the victims were secured. In New York, home invaders will usually wear ski masks or sunglasses even if they are from out-of-town but they rarely cover their footprints. 7. Why would home invader(s) sometimes call off a home invasion already in progress? Home invaders might likely call off a home invasion already in progress if all of the following existed: the victim(s) screaming, physical resistance put up by the victim, police patrol car in the area, neighbors notice, they hit the wrong house. Detective Selinske (Westminster) said the only time he has seen a home invasion being discontinued is when a victim has been able to escape and alert the police. Physical resistance or screaming is usually dealt with by the suspects beating the victim down, controlling them by threatening someone else like a child or even killing them. The suspects enter with a purpose and try everything they can to complete their crime, because, like most criminals, once they start the crime, they feel entitled. Detective Selinske said he recalled hearing a story where the investigator asked one suspect why he shot the victim and the suspect replied, “He wouldn’t give me my money.” [Emphasis added.] This is not to say the suspects are so engrossed in what they 34 Home Invasions and Identity Theft 22 April 2004 are doing that they don’t take precautions. Most have a look-out stationed nearby and will warn them of police arriving so they have a chance to flee. Hitting the wrong house will only mean the suspects try to score what they can from the house they enter, it will not deter them from carrying out their original plan. Det. Proctor (Westminster) states that the suspects will not call off a robbery in progress for anything other than law enforcement’s presence. A resistant or screaming victim, the wrong house, or other factors do not matter to the suspects. A resistant or screaming victim can easily be silenced by the swift slap of a gun against his or her head, or a sock shoved in the mouth. Thus, a home invasion gang will often have a set plan for the crime. If anything disrupts their plan, they will wait until a more opportune time to begin the home invasion. Disruptions before the crime commences might include a police car driving by the home, neighbors working outside, unexpected visitors at the home, or even a homeowner answering the door while talking on the telephone. During the home invasion, a disruption might occur if they can’t take control of the family and they are afraid someone might call the police. 8. What kind of police countermeasures can stop home invader(s) from doing a home invasion? Detective Vi (Westminster) believes that effective police countermeasures for stopping or slowing the amount of robberies being committed would be for the police to “gather intelligence from the streets and find out who will have weddings at local Chinese restaurants,” and to monitor the crowd there. Detective Vi stated that “Asians will always have cash and jewelry at their residence especially if they work under-the-table, so it would be useless to advise them to keep the property in the banks.” Detective Selinske reports that the best way to discourage home invasions is through education of normal potential victims. This includes the use of alarms, phone codes and knowing whom your children are hanging around. It also includes advising them not to advertise their wealth or keep large sums of money or too much expensive jewelry at home at any one time. For those involved in illegal or illicit activity, law enforcement obviously is left out as far as prevention. The main point if a shooting or homicide takes place at one of these locations is to be able to recognize what you are actually dealing with because stories or evidence does not add up. It is also very important to develop your own intelligence network with anti-gang units and regional task force operations. Additionally, law enforcement has to know who the players are or what the current trends are. We have to be up to date or we will be caught short. This is especially true of Asian gangsters who travel far and wide, both nationally and internationally, to commit crimes like home invasion robberies. Detective Proctor adds that special investigators need to be cross trained in special weapons and tactics for response to in progress robberies, and forensic computer analysis, 35 Home Invasions and Identity Theft 22 April 2004 due to the fact that many of the Asian crime groups are more sophisticated and do keep information on computers and other forms of digital logs. Analyst Pete Francisco (St. Petersburg) reports that the most important countermeasure is to educate the community of potential victims. Get the community more involved in reporting crimes and providing information about the criminals. Set up Neighborhood Watch systems. Many victims are worried about retaliation and don’t trust the police. Let community members know that police aren’t interested in their immigrant status. Developing rapport with the community and setting up a tip hotline and website is important. Officers can walk complainants through procedures and sit with them in court to alleviate concerns about retaliation. Many home invasions are not reported because the victim was concealing money illegally or to save face, especially if there was a sexual attack. Departments may also consider hiring more Asian officers. Employment agencies need to be regulated. Detective Charlie Cash (Houston) also advocates treating criminals decently so they’ll provide information when they get out of prison. Officers can develop rapport with the criminals and ask them to call when they get out. They can help the person get a job, help his family understand what is going on, etc. Police officers need to be proactive and develop confidential sources. Many informants are former criminals who want to turn the other bad guys in so their own businesses will run smoothly. More cooperation is also needed between local, state, and federal law enforcement. 9. Do home invader(s) use their personal vehicles in a home invasion? Suspects committing home invasion robberies utilize stolen vehicles, relative’s vehicles, friend’s vehicles and their own vehicles with the license plates covered, to transport them to and from the home invasion robbery and to cart the loot away. They may also use vehicles in home invasions that are rented with stolen credit cards in another’s name. Some gang members come from wealthy families, with their parents working two or three jobs. Parents may remain oblivious of their children’s activities to save face. 10. Do you see an increase of intra-racial teams in home invasions? Some interviewees have seen an increase in intra-racial teams in home invasions, i.e., teams made up of Vietnamese & Cambodian, Vietnamese & Chinese, and Vietnamese and Laotian ethnicities, but intra-racial teams are rare. Most Asian criminal entities are made up of their own ethnic group because of a cultural upbringing in which one ethnic group will see another group as inferior and because home invaders need to be able to communicate with their victim(s) and with each other. When dealing with narcotics, however, gangs may be more heterogeneous. In Florida, for instance, there is an increase in associations just for the purpose of committing the crime, especially if local manpower is needed because the criminals are from out-of-state. 11. Do you see an increase in inter-racial teams in home invasions? 36 Home Invasions and Identity Theft 22 April 2004 Detective Selinske (Westminster) has not seen a recent increase in these teams committing home invasions. He has seen some Vietnamese teams that included a black or a Hispanic, but they were rare. In his opinion it was like a training experience or it was a drug related rip-off type invasion where the information came from the outsider. Where the victims are Vietnamese, most outsiders are lost as far as language goes when the crime is taking place. Vietnamese just do not have the same trust factor in other individuals. While Vietnamese gangs typically stay to themselves, they may recruit a Caucasian for a ruse to get into a house. According to Detective Rodriquez (Arlington) Vietnamese gangs are low-key, not as well known on the street, yet are more organized and sophisticated than other gangs. They don’t usually wear gang clothing, and tattoos are covered by clothes even in the summer. You need personal knowledge to tell if a person is in a gang. Vietnamese gang members tend to be more violent, though, and are involved in assaults, robberies, extortion, weapons trafficking, burglary, prostitution, and gambling. Sergeant Lancaster (Falls Church) reports that in Virginia the Cambodian population is small, so they tend to mix with ethnic Vietnamese and other Asians. There are also some gangs with both whites and blacks (e.g., TRG—the Tiny Rascal Gangsters). Virginia gangs like B.T.K. (Born to Kill) are loosely structured compared to their New York counterparts. In Texas some Asian gangs are working with non-Asians as they have become more Americanized, but for the profitable drug-related home invasions the top gang management is all Asian. Caucasians tend not to travel for out-of-state home invasions. 12. Do you think that home invader(s) have emotional feelings toward victims during intimidations? Interviewees agree that home invaders typically do not have emotional feelings toward victims. They intimidate the victims for one purpose, which is to get them to reveal where their valuables are located or to open safes or locked containers. Detective Selinske (Westminster) says he has found Vietnamese gangsters involved in these crimes to be particularly emotionless. They downplay their need for or use of violence. He said he has seen very little remorse from them if they injure, rape or shoot someone during the crime. Home invaders are typically interested in taking property from unresisting victims. Weapons are shown to discourage resistance, and victims are usually seriously injured only when resisting. Yet in some home invasions there might be high emotions due to resentment over the victim’s financial success, and in some home invasions there is atrocious violence (e.g., in one case a female victim asked “Why?” and her skull was crushed with a hammer). 13. How many people would be needed to commit a home invasion? Why? 37 Home Invasions and Identity Theft 22 April 2004 Sergeant Frank (Westminster) states that “It depends on the size of the residence, how many occupants inside and how many lookouts would be needed and the amount of loot they plan to take (electronic goods vs. jewelry). Officer Tran (Westminster) believes that the number of people needed to commit a home invasion robbery would be a minimum of three; one to standby with the victim(s) and two to search. The more suspects involved the less profitable it is when the money and/or jewelry is divided up. Also, more people are not desirable since gang members don’t want too many people to know their business. Detective Proctor (Westminster) reports that there is usually a lookout, possibly a driver/lookout, and at least three more members of the crew running the crime inside the house. Most of the robberies Proctor investigated had some type of prior casing, and the crew’s size was determined by the intelligence they developed. 14. What is the percentage (estimate) of gang-related home invasions? Interviewees agree that almost all home invasions are gang-related as far as Vietnamese victims are concerned. This will include drug, gambling and bookmaking related home invasion robberies where the suspects may be higher up the chain in organized criminal activity. It is his experience, says Detective Selinske (Westminster) that most of these individuals still hang with the gang members they grew up with and trust although they tend to get their intelligence information from a little wider and more sophisticated group. Analyst Francisco (St. Petersburg) reports that since home invasions require several people young Vietnamese males with gang ties will often recruit associates to commit a home invasion. When traveling, gang names are not usually used, and gang membership changes. People will be dropped off in one state and picked up in another. Leaders will change based on familiarity with the given area. 15. Can you provide any information to help us prevent home invasions? Educate the community. Let them know what they do to make themselves targets (e.g., keeping large amounts of cash at home) and how they can change through public service announcements and use of the local media. Law enforcement has come a long way since 1975 when we had the first large wave of Vietnamese immigrants. Police can also work with the ethnic community’s media to help victims get over the fear of retaliation. Community members will know when out-of-town groups are around, and should tell the police. Develop rapport with the community, especially business owners, civic leaders, and kids in school, and develop informants. Police can also keep track of invaders (e.g., know whether they are in prison or not) and keep the pressure on them. We need a nationwide system to track Asian gang members as they travel and change names. The modus operandi (“M.O.’s”) are usually the same for serial home invaders, and we need to be able to pull up that information. Form gang units and regional task forces who will work with school resource officers to gather intelligence thus catching criminals in the planning stage. 38 Home Invasions and Identity Theft 22 April 2004 We also need a better classification system. Right now local police departments as well as state and federal databases don’t separately classify robberies, burglaries, and home invasions. It is impossible to gain an adequate understanding of trends in home invasions without being able to locate the records. The best prevention is detailed investigation and intense gang-related prosecutions against the gang members who commit the crimes. 5.2 Interviews with Convicted Home Invaders One parolee from the California Youth Authority and four adults held by the California Department of Corrections were interviewed in 2003. Prior to conducting the interviews, which were held in the respective parole offices, interviewees were advised that this is a study on home invasions for the purpose of educating law enforcement and victims of crime to help prevent these types of crimes in the future. Interviewees were promised confidentiality and were told that the information they provided would not be used against them at a later time. Interviewees were also informed that they were not being judged for their past criminal behavior, that they were the experts on the subject and that it was important to provide as much information as possible regarding crime and the crime of home invasion in particular. The following is a synopsis of the interviews conducted along with a short biography on each interviewee, names withheld. 5.2.1 John Doe #1: California Youth Authority Parolee John Doe #1 is a male Asian in his mid-twenties, on parole for attempted murder and assault with a firearm. He also has priors for home invasion robbery. He is a member or, according to him, an ex-member of a local Asian street gang. John Doe #1 said he joined his gang when he was 13-14 years old. He has tattoos of “100% Vietnamese” and the map of Vietnam among several other tattoos that cover the upper half of his body. He said he joined the gang to gain respect for himself. He said the gang was his family who loved him unconditionally and indefinitely. His gang provided him support and he supported them by committing criminal activity and sharing the proceeds with them. He looked up to the other older members of the gang, and he aspired to someday be like them and have nice cars and his own apartment. He said he was arrested and locked up for a drive-by shooting. He said he used to drive around with fellow gang members and they kept a gun inside the stereo system. He said one day they ran into their enemy and they had to take action. He said he was later apprehended after his photograph was shown by police and identified by the victims. John Doe #1 said he started committing home invasions to support himself and his girlfriend. He didn’t have a job and needed money for a motel and food for himself, his girlfriend and his fellow gang members or crime partners. He said he also wanted money to have fun with, to take out his girlfriend and buy coffee, or just have a good time. He said he gave most of the money he made to his older homeboys. He said he would rob and steal to support the OGs (original gangsters) because he looked up to them and respected them. John Doe #1 said that he first committed the robberies with close friends 39 Home Invasions and Identity Theft 22 April 2004 that he met in jail, not necessarily members of his own gang. He told me that he didn’t trust anybody and had to commit the crimes with persons who were very close and trusted associates. John Doe #1 detailed a robbery. He said he would first knock on the door. He said he just wanted the money and didn’t want to hurt his victims if at all possible. He said that “If you don’t hurt the victim, you don’t leave evidence behind.” He said the more you struggle or fight with the victim the more likelihood you will leave behind fingerprints or some other evidence. He said he no longer wanted to commit these crimes because it hurt his own people from the Vietnamese community. He has since fathered a child and has a different view on life. He said “Now my family can be victims.” He now said he actually fears for his soon-to-be wife, and his child, and what might happen to them if they are attacked by gang members like he used to be. He said before he never thought about his future, he lived a day to day existence influenced by his older brothers (referring to older gang associates). John Doe #1 said home invaders chose a particular house for a target “because somebody points it out to you and they know that person. They know everything about the person or the family; sometimes they are from the family or are close friends. Sometimes they are friends from out of state.” The most important factor in committing a home invasion is the money, and specifically the amount of money to be had. He said “you see the light on in the house, you need money, and you go and get it.” According to this source, home invaders always use weapons, particularly guns, during the robberies. He said they buy them from other gangs on the streets or steal them during prior robberies. He said they never usually put a bullet in the chamber because if they hit someone with the gun, the gun won’t just go off. They primarily use the gun as a prop to scare and/or intimidate victims. He said they often times also use knives, but someone in the group always has a gun. John Doe #1 said that once the robbery has been committed they have to get rid of the property. They usually would send out the females to local Vietnamese cafés or other businesses in the community and offer up the merchandise for sale. John Doe #1 said that a lot of businessmen in the community, in particular Vietnamese café owners, will buy property even if they know it is stolen because they can get the property very cheaply and resell it just as quickly based on their own contacts and make a handsome profit. John Doe #1 stated that the biggest factor or motive for him and his crew to commit the robberies was that they needed money for existence. They needed money to rent a motel for a few days, buy some food and clothes, and just survive. He said sometimes they would net a lot of money in a robbery and it would last them for months. With regard to covering their tracks or not leaving evidence behind, John Doe #1 said that most of the time they have gloves on already. He said they don’t think about covering up foot prints, or other types of evidence other than fingerprints, because he said the police don’t care about that stuff unless it’s a murder or something very serious, not just a robbery. 40 Home Invasions and Identity Theft 22 April 2004 When asked if there was any reason why a crew would call off a robbery already in progress, he said if they hit the wrong house they may decide to leave because they may not get the money they expect to get and it’s not worth the risk of getting caught. He said in his opinion there were no other reasons to call off a robbery already in progress. When his crew or others he knew carried out these robberies they would typically drive to and from the scene in a stolen car or a friend’s car. He said they would not cover up the license plate because that would only draw attention to it. John Doe #1 said that in his opinion there has been an increase in intra-racial teams i.e., Vietnamese and Cambodian or Vietnamese and Laotian or Vietnamese and Chinese, committing these robberies. He said it doesn’t matter what nationality you are from as long as you can be trusted. That means you are either a member of the same gang or a very close trusted friend or associate. He said he trusts no one. He said there isn’t much inter-racial make-up in the teams, i.e., Asians with other races, except maybe for other types of crimes. When asked if he or other home invaders had any emotional feelings toward their victims he said: “Yes I do. Not all of them though. Some of them enjoy it (the violence) and others don’t.” When asked how many people would be needed to commit a home invasion robbery and carry it out successfully he said, “Four to five. One is going to be the driver and three or four go in. Two look for things while one looks over the people. Sometimes fewer people (suspects) is better. He said it depends on how many people (victims) are in the house. The more people you have the better chance you have of getting caught.” When asked what he thought the percentage of gang-related vs. non gang-related home invasions was, he said: “It doesn’t matter if you are not from our gang. It’s all about the money.” Most of the crews are made up of criminals not necessarily gang members. A crew sets up to do some robberies, splits the money and property, and then they all go their separate ways. He said they never work with their enemies, even if it means making money. He said, “If you work with your enemy it’s like putting your head in a tiger’s mouth. Why take the chance?” When asked if there is anything law enforcement can do to keep robberies of this sort from occurring, he said: “There is a rumor now that there are a lot of undercovers out. They know the police are sending out a lot of undercover.” Officers should keep up with developing informants in the community, which is the only way we will be able to find out that the robberies are going to be committed, or who might be involved in them. He also stated that most of the robberies happen around football season because a lot of people gamble on the games and they raid bookies and others who have lots of cash on hand. He said, “Now they will do anything right now. Lots of gambling, drugs, drug dealers. Drug dealers put info out that people can buy drugs from him. That’s who we rob.” 41 Home Invasions and Identity Theft 22 April 2004 5.2.2 John Doe #2: California Department of Corrections John Doe #2 is a white male, 42 years old, with priors for robbery in concert of an inhabited dwelling. He is due to get off parole later this year. He spent nearly nine years on a level IV yard in a California state prison for a home invasion robbery that ended in death for a victim. He is also a past drug addict and has been addicted to heroin, cocaine and methamphetamine. John Doe #2 provided the address and the particulars of the residence to the suspects who perpetrated the robbery. Doe said the suspect who killed a young boy during the course of the robbery received life without the possibility of parole. John Doe #2 said that the robbery was actually a drug burn. The victims’ residence was that of a drug dealer who owed John Doe #2 some money and had been slow in paying. He sent some of his “Tweeker buddies” over to the location to get some of his money back and something for their trouble as well. The robbery went bad and an innocent young boy was shot in the head by the drugged out suspect who was unfamiliar with a handgun. John Doe #2 said he was tweeking bad himself and would do anything to get dope. He said he would do check scams, burglaries, etc. He said the robbery was not gang related, although some of Doe’s numerous tattoos bare the resemblance of those adorned by others who are involved in white supremacy. When asked to answer the questionnaire concerning home invasion robberies he said he was fine with that as he was no longer a criminal. His life had been changed for the better, according to him, due to a drug rehab clinic he attended while in prison. When asked how a home is selected for a home invasion he replied that in his opinion it’s usually dope related. He said you get information from other dope fiends that someone is selling. You know he is going to have money and product on hand. The most important factor in selecting target houses is the amount of money or dope in the house. The more money the better. As for the types of weapons used in home invasions, John Doe #2 said, “Guns, because no body respects anyone without one. The rack of a shotgun speaks volumes.” Any property or dope gained in the robbery is sold either to a fence or other drug dealer. He said the reason or motive for the robberies in his opinion is to get money to buy more dope. Most of the home invaders in his opinion wear gloves when committing the crimes unless they are done at the spur of the moment. The only thing in his opinion that would cause a home invader to abort a robbery already in progress would be that the neighbors notice or they hit the wrong house. When John Doe #2 was asked what kind of countermeasures could stop home invasions from occurring, he said, “Neighborhood Watch would be most effective or drug abuse prevention like the S.A.P. Program in prison. You need to immerse someone in the program for it to work.” When asked if home invaders used stolen cars, their own cars or friend’s cars when committing home invasions he said, “I don’t think it matters. They’re not usually 42 Home Invasions and Identity Theft 22 April 2004 thinking about getting caught. You only cover your tracks if you are thinking of getting caught.” When asked if he thought home invaders had emotional feelings toward their victims he said, “Depends on the person. I would have compassion, others might not. Some brag about the violence.” He was asked how many suspects would normally commit a home invasion and said, “One is the best number. You have less chance of getting caught. You don’t have to split the money with anyone. And you don’t have to worry about anyone talking (to the police).” When asked if he could provide any information that would help reduce the amount of home invasions in the future he said, “Lock your door. Put a peephole in your door and don’t open it unless you know the person behind it. Don’t do dope and don’t keep money or guns in your home or don’t tell anyone about it.” Although John Doe #2 had some helpful insights into home invasion robberies and MOs of criminals committing these robberies, his focus was on drug rip-offs from drug dealers and not necessarily on standard home invasions as are committed in the Asian community. There are some striking similarities however and that is why his interview has remained in this report. 5.2.3 John Doe #3 (California Department of Corrections) John Doe #3 is a 27 year old Asian male, who is currently on CDC parole first degree of an inhabited dwelling (home invasion robbery). He spent the last seven years in a level III yard in state prison. He is an ex-gang member of an Asian gang that he joined when he was 14 to 15 years old. He was reluctant to give details regarding his gang background, but was willing to answer questions concerning home invasion robberies. He first had his head down when he was talking, then as we began talking about the robberies and shared details of robberies the interviewer had heard about or investigated, he became excited and sat up tall in his chair to share details about robberies that he likely had actually experienced first hand. When asked how or why home invaders select a certain house for home invasion casing he said there has to be a lot of cash in the home. He said they get the information through friends or from fellow gang members, and that if he can’t trust who he gets his information from he can’t do the job. The most important factor for selecting a particular house is the amount of money/cash in the house. He said, “You don’t think about the police.” Home invaders use weapons such as handguns when committing the robberies. He said, “Normal people, when they see a weapon it would cause them to stop resisting and give us what we want.” He said of the victims, “When you go in the house you don’t want to hurt them. You just go in and come out. If you don’t have a weapon you have to use force against them. Using a gun would prevent the people (victims) from getting hurt.” He meant that if a gun is brandished by a home invader, the normal victim would do everything they wanted and comply with their demands. If they did not have guns or other threatening weapons, the victim would likely put up resistance and someone would get hurt. He said a gun is the answer to quick compliance. 43 Home Invasions and Identity Theft 22 April 2004 John Doe #3 reported that once the robbery has been committed the property or merchandise would be sold to someone he knows. He said pawn shops or other similar locations do not give you enough money for the property. He said there is not enough return on the investment: “We know people from jewelry stores or people who are in directly related to the stores. They get the money for us.” Proceeds from the robberies are used for survival of the gang member suspects. He said, “We don’t work, we don’t want to work and we want easy money to support our lifestyle.” When asked if he and others committing the robberies covered their fingerprints or footprints in the house or made sure they left no evidence behind he said, “Yes, why not. We wear gloves. Even some people put nail polish or similar object on their fingers to keep from leaving fingerprints. It’s the same as using gloves.” When asked if he or others would abort a robbery in progress for any reason, say, if the victim’s screaming would cause him and the others to stop the robbery he said, “Depends on when people inside are screaming. We would shut them down. It won’t be necessary to stop the robbery because someone is yelling or screaming. We just have to be forceful and make them be quiet.” When asked what type of countermeasures might work to prevent home invasions he said, “Neighborhood Watch programs may help more than anything. If no gang members are around there’s no robbery. In that case an Asian gang task force may be effective. It’s also too easy to get guns. Make it harder to get guns and maybe there won’t be as many robberies. . . .When you’re in a gang you need a gun to protect yourself. You can buy a gun, steal it, and get one from a friend or your gang member brother. The gun is the most problem in this country now, especially in California. Buying a gun on the street is the easy way to get it. It’s easy to get away with it too, because it can’t be traced back to you.” When asked what kind of car they would use when committing the robberies. John Doe #3 replied that they would use what ever car they could get their hands on. He said they don’t steal a car because the police may stop it if it has been reported stolen. They use their own cars or friend’s cars. He said they don’t cover the license plates because the victims won’t see it. He said they’re (victims) inside the house and they won’t be able to see it. When asked if he and others committing the robberies covered their tracks or otherwise were concerned about leaving potential evidence behind such as fingerprints he replied, “We used ski masks in robbery. I don’t want anybody to see me, they could identify me later. I only wore a glove on my gun hand. If you plan out the robbery you know what to touch and what not to touch.” When discussing the types of weapons used in home invasions and force used against victims, he stated that: “There were two of us, me and a friend in the robbery. We both have guns; one nine millimeter and one .38 and also a knife. We tied up the victims with phone cords. They’re hard to break apart and they can’t use the phone to call police. There were three victims in the house when we robbed it. They were a couple years apart, 28 or so. We go after our own race.” 44 Home Invasions and Identity Theft 22 April 2004 John Doe #3 said that most home invasion crews are Vietnamese and Cambodian gang members. He said they have to commit the robberies to support their families. Members of the crews do not have to be from the same gang. They can be people who split up after the robbery. He said, “They only think about the money.” When asked if he had any emotional feelings toward his victims or if others he knew possibly did he said, “Yes, that’s why I think everybody brings a gun. They don’t want to hurt anybody. They just want to get the things and get out. Some [suspects] have kids and family and care about them [victims].” He said some suspects are different however, “They use force, they torture, they’re crazy, they get off on violence, and they are on drugs or whatever. They don’t know them [the victims], they don’t like them. They don’t want to kill them; they just want to hurt them.” Vietnamese and Cambodian guys are different, though. He said, “You got to look at their country. They don’t think violence is a big deal. They come here [America] and they don’t have anything. It’s all about respect and they try to get it.” He said the victims of most robberies don’t report them because they are afraid of what might happen next. They [suspects] threaten the victims that they will be back and it will be worse next time. John Doe #3 was asked how many suspects are needed to successfully carry out a home invasion robbery. He said, “One is good enough. But you don’t want to do it with too many people. There is more chance of getting caught and more people to share the money with.” In his opinion most home invasions are gang-related. He said you wouldn’t see different gangs doing robberies together; just friends who get together to make money. Some of the crews are just people who want to make money, not necessarily gang members, just criminals. He also said that lots of home invaders use dope and that dope users do most of the crimes: “When you run out of dope, where do you get the money? Those are the guys (drug users/addicts) who do things crazy and torture people.” In his opinion about fifty percent of home invaders are repeat offenders or have done prison time before: “Going to prison is not the life you want to live.” He said, “I was glad I got locked up and get busted. I might be dead now if I didn’t get locked up.” When asked what we can do to prevent home invasions from occurring in the future he said, “You need more police on the street. Double or triple might help. The more police cars they see, the less likely they are to commit the crime ‘cause they fear they might get caught and go to prison.” At the conclusion of the interview John Doe #3 discussed the robbery he had been arrested for and provided details as to why he was apprehended. He said one of the victims had gotten away from them and hid in the closet with a cordless phone. He said the victim called the police from inside the closet, and the police caught them inside while the robbery was in progress. He said the police only found one knife because they hid the property and guns, but four months later the victims found the guns and brought them to court. 45 Home Invasions and Identity Theft 22 April 2004 Although John Doe #3 said he would not commit home invasions again, it did not appear that he had remorse for his victims. Instead, he only felt sorry that he got caught because he and his fellow criminals overlooked a victim in the closet. It was apparent that he was very excited about the crime when he was sharing the details. As he and others have said, some home invaders “get off on the violence” as it seems apparent he did/does as well. 5.2.4 John Doe #4 (California Department of Corrections parolee) John Doe #4 is a white male, 25 years old, and a member of an Asian street gang from southern California. He has priors for home invasion robbery, assault with a deadly weapon, possession of firearms and has been addicted to methamphetamines. John Doe #4 was incarcerated in a level III prison yard for five and a half years for his participation in a home invasion robbery. He said he joined an Asian gang because he grew up with other members of the gang, who are Asian, in Los Angeles County, California. When asked about his crime, John Doe #4 said he and two others learned of a residence that had lots of cash and jewelry on hand, in particular Rolex watches. They received the information from a female who was friendly with the family as well as the gang. The female was a friend and classmate of one of the teenage female victims and had been inside the residence before. The female then provided details of the residence and victims to the gang. Members of the gang then conducted a casing of the residence and ended up committing the robbery during the daytime hours. He said he knocked loudly on the front door while two other suspects stood behind him. There was no answer right away, so he checked to see if the door was opened and found it unlocked. He entered the residence followed by the others while another suspect stayed outside in a vehicle. He found an elderly female victim in a bedroom and ordered her to get down at gunpoint. He said they only located the elderly female in the residence who did not put up any resistance. He said they gathered the loot and fled. He was arrested about a week later when fellow accomplices who had been arrested identified him as a co-conspirator. When asked how home invaders select a house for home invasion casing he replied, “They research it. They see people wearing nice stuff, driving fancy cars and flaunting their wealth. It’s usually and inside job, it’s organized.” The biggest factor in selecting a target residence is knowing that money and property of value will be in the house. He said they worry later about other stuff. When asked why home invaders use weapons to commit home invasion robberies, and what types of weapons they carry he said they carry guns for less resistance and for intimidation. He didn’t think most suspects would use them. He brought a gun along with him during his home invasion and it was the only gun among the group. He brought it along for intimidation and to prevent a struggle with the victim(s): “If you have a gun with you, there is less likely to be resistance on the part of the victim.” When asked where he would sell stolen merchandise taken in robberies he said it depends on what it is. “In our case it was Rolex’s. You need to know someone who can get rid of it. Rolex can trace back to someone. Other things don’t matter.” John Doe #4 said the biggest motivating factor in committing home invasions is that they need money, period. 46 Home Invasions and Identity Theft 22 April 2004 He said it sometimes depends on the person: “It is a quick way to come up, to get rich. If you have an expensive watch then you probably keep a lot of cash in the house also. If you can afford a Rolex, then you can afford other nice things too. And it’s easier with Asians. They don’t like law enforcement much, they don’t like banks, and they are more apt to keep things in their home.” When asked if he and his co-conspirators were careful not to leave evidence, particularly fingerprints behind at the scene. He said, “Yes, you are going to be conscious. You have to be careful not to touch anything. You don’t touch something you are not going to take.” John Doe #4 was asked why home invader(s) sometimes call off home invasions already in progress. He said if the victim(s) were screaming or they couldn’t subdue them, the physical resistance on the part of the victim may cause them to abort. He also said that if neighbors notice the suspects or see or hear a large amount of commotion in and around the house this would also be a reason to abort the robbery. The reason suspects commit home invasions as opposed to burglaries when the victims are away from the home is that they (suspects) don’t have to spend time looking for the property (valuables). They get what they want more quickly and don’t have to worry about making too much noise. He said they most often make entry into the home through the front door as it is less conspicuous then entering the house through the rear or a side gate. The less conspicuous they are then the less likely that neighbors or other witnesses will take notice and ultimately telephone the police. When asked what police countermeasures would be effective in stopping suspects from committing a home invasion in the first place he said that “neighborhood watch” was probably the best at deterring suspects from committing the robbery. He also indicated that home security, including barred doors and windows and a high quality alarm system was a good deterrent. Additionally, he added that more police patrolling the area would also make the target less attractive, for fear the suspects would not have the time to commit the robbery without being detected. In regard to the types of vehicles used in the commission of the home invasions, John Doe #4 indicated that most often suspects would use vehicles that were not associated with the suspect group and would cold plate the vehicles (change license plates) in case a neighbor or other witness might be able to document the license plate. He also said that after the robbery was committed the suspects would go to a location away from the crime and change the plates back again to the original plates. Sometimes the suspects drive away the victim(s) vehicles, particularly if they are high end vehicles such as Mercedes Benz. When asked about the ethnic breakdown of the suspects involved in a home invasion robbery, he said that Vietnamese, Cambodian and Laotians get along together and may commit robberies together, but not Korean, Japanese and other Asian groups. He said it’s not about the ethnic makeup of the group, “it’s about the money.” He doesn’t often see Asians teamed up with non-Asians in robbery teams; they usually keep to themselves. They rob from their own people (Vietnamese) and have a lot of insight into the culture 47 Home Invasions and Identity Theft 22 April 2004 and customs associated with their own race. He said, however, that Asians do team up with non-Asians from time to time if they are members of the same gang or have a close trusting relationship with one another. When asked if home invader(s) have emotional feelings toward their victims he said he didn’t think so. He said it depends on the individual (suspect). If drugs are involved, the suspect is under the influence, or it is a drug rip-off, suspect(s) won’t care about the victim(s)’ feelings. He said they don’t want to hurt anyone, and the less resistance on the part of the victim the better, because they (suspects) are in and out more quickly. He said that in his opinion victims are not purposely tortured without reason; however, they are threatened with a variety of weapons, in particular knives. He said they use weapons to intimidate the victims into giving up the property without a fight or argument. The deployment of weapons usually leads to quick compliance on the part of the victim(s) to lead them to property of value in an expeditious manner. When asked how many suspects usually commit these heinous crimes he replied, “Preferably two. . . .One to watch the victims and one to get the valuables.” He said the more suspects involved the less the split of the loot. Additionally, the more suspects involved the more likelihood of being caught either at the scene or later on during the investigation if one of them talks to the police after being apprehended. A large majority of the home invasions are committed by gang members, primarily Asian gang members. He didn’t know the exact percentage but said that gang members are generally concerned with easy money and are not interested in working for it. When asked if he could give any insight into how we (law enforcement or the public) could prevent home invasions in the future, he said that home security systems, dogs, and task forces aimed at home invaders would prevent suspects from selecting targets in the community. He said that Asian gang (police) task forces aimed at home invasion crews would be particularly important in that they can link the crimes and suspects together and ultimately apprehend the suspects, which would in turn reduce the number of robberies committed. 5.2.5 Jane Doe #1: California Department of Corrections Parolee Jane Doe #1 is a female Hispanic, 23 years old with no specific gang connections. She was arrested at the age of 17 years for her part in a two-person home invasion robbery involving a 13 year old female victim. Jane Doe said that she came from a dysfunctional family with an alcoholic father who physically abused her on a regular basis. Her mother died of complications from heroin abuse, having a hepatitis C infection that ultimately led to kidney failure. She said she didn’t care much about her life and had no future goals. She was doing poorly in school and had very few trusted friends. She drank alcohol heavily and abused drugs, particularly marijuana and methamphetamines. After her arrest for home invasion at the age of 17 she was placed on probation and since that time had been arrested for grand theft auto and check fraud. She served three years in the California Youth Authority for the subsequent crimes and probation violations. 48 Home Invasions and Identity Theft 22 April 2004 Jane Doe described the robbery she committed, which in her mind at the time was “no big deal.” She said she had previously been brought to the residence by a couple of adult males (residents) who offered her alcohol and drugs. She said they had some sort of altercation during the visit and she left upset. When she had been at the residence she noticed that it was filled with nice things, in particular VCR’s, TVs and other high-end electronic equipment. She felt that there must be other property of value in the residence. She wanted to get back at the males and later returned intoxicated and upset. She was armed with a knife and was in the company of another female. She said she made contact at the residence with a young female and demanded entry into the residence. She said she immediately placed a knife to the female’s throat, even though the female did not resist in any way. She then led the female around the house at knife point looking for property of value. She ordered her female companion to gather up the VCR and jewelry that she believed had some value. She then gathered up the loot and left the residence without physically harming the victim. She said at the time she was not concerned for the victim’s emotional well being and felt no remorse for any emotional harm of the victim or for taking the loss from the residence. Since the time of her incarceration she has had time to dwell on her past and now feels remorse for her victim and the emotional harm she must have caused her. Jane Doe #1 said that although this was the only robbery she said she had committed, several of her acquaintances, other gang type associates, committed similar robberies on a regular basis as a way of sustaining themselves and having liquid cash to purchase drugs. She said she learned how to commit this robbery by talking with friends about similar robberies they had committed. When asked how home invaders chose a particular house when casing for a robbery she said it’s usually an inside job. They would know who had money and who didn’t. They (suspects) would either have been in the house before or knew someone who had. She said the most important factor in selecting a house for a robbery is having knowledge of the property of value in the residence and knowing about the persons inhabiting the residence, including whether or not they would pose a threat. Like most of the others interviewed, she said, “It’s all about the money.” If it wasn’t loot they were after it was drugs, and her friends who committed similar robberies would regularly rob drug dealers for “dope and money.” She said that when she and her friends committed robberies they would have a weapon with them, most commonly a knife. She said she was aware of others who used guns, but she said guns were harder to come by. She said if they had guns they usually purchased them on the streets from people they knew and trusted or would have people with clean records purchase them for them. She said they would not use the weapons against the victims unless they (suspects) were “cold hearted” or it was necessary to achieve their goals. When asked about how suspects get rid of the loot or get cash for the valuables she said that they stash the loot for a few days, then look for people who want to buy it. She said sometimes they have customers already lined up to buy the property before it is stolen. 49 Home Invasions and Identity Theft 22 April 2004 She said they have known fences in the area or homeboys and homegirls (fellow gangsters) that can get rid of it for them. The cash netted from the robberies is then used to purchase drugs, alcohol and money to live on. She said suspects are lazy and they don’t want to work for money. All they know how to do is rob and steal to survive. In her opinion most of the home invaders, including the ones she has known, have had prior criminal histories and are on probation or parole. Home invaders usually cover their tracks by wearing gloves and sometimes conceal their identity if they are known to the victims. Suspects sometimes call off home invasions already in progress if neighbors or other witnesses notice them. They know that if their activity is noticed someone will call the police. Even if they feel their identity has been jeopardized, they continue with the robbery and take what they came for. They just commit the robbery in an expeditious manner. She said that a Neighborhood Watch is the suspect(s)’ greatest concern when planning or pulling off a home invasion robbery. Additional concerns are the number of police in the area and being unfamiliar with the area or residence. Stolen cars are most often used when committing robberies. She said they don’t often use their own cars, but sometimes switch plates on cars they borrow from other non-involved parties. Jane Doe said she is not particularly familiar with how Asians team up for robberies, i.e. their ethnic make-up, but said she did time with several Asian females who admitted to being involved in home invasion robberies. She said the Asian females she spoke with admitted to committing robberies with male suspects and to tying up victims during such robberies. When asked if suspects have emotional feelings toward their victims during intimidation, she said that she and others feel the victims’ fear, but it doesn’t affect them (suspects), or change the way they carry out the robbery. Jane Doe said she didn’t personally feel anything for her victim at the time of her robbery, and in fact she felt detached from any emotions. She felt no connection with the victim during her robbery; she was just going through the motions. When asked how many suspects are typically used in home invasion robberies she said that you don’t want to take anyone along anyone that you can’t trust and if there are too many people (suspects) involved there is a greater likelihood that you will be caught. She said the number of suspects involved usually depends on how many people (victims) one might encounter in the residence. In her opinion most home invasions are gang-related. She said you earn respect from your “homies” and are “down” for being violent and for showing no remorse to victims. You get respect for showing no fear and for projecting fear to your victims. The more violent your actions the more respect you earn amongst your fellow gangsters. When asked if she could provide any insight into preventing home invasions in the future she said that neighborhood watch programs and more police in the area (patrols) would be the best preventative measures. She also warned that victims should not answer the door until they know who is on the other side. Parents should teach their children to be 50 Home Invasions and Identity Theft 22 April 2004 careful of strangers or answering the door to them, and should not leave their children at home alone, particularly children under 14 years old. 5.3 Summary of Interviews: All of the interviews of experienced police investigators/officers and convicted offenders reinforced the argument that most aspects of home invasions are the same across jurisdictions. A summary of the interviews conducted have shown consistent results in the following areas: Target/victim selection Use of weapons/types Fencing of property Primary motivating factor of suspects Effective police countermeasures Type of vehicles used Ethnic make-up of teams Non-attachment to victims Number of suspects involved Suspect M.O. (common methods of operation) It appears that more often than not victims of Asian gang home invasions are of Asian descent. They are carefully selected due to their visibly noticeable signs of wealth; that is, their fancy cars, jewelry, being owners of businesses, and simply being known to others in the community as wealthy. Most seem to be inside jobs where the suspects or suspects’ friends know the victims or have insight into the victims’ backgrounds. Suspects have personal knowledge of the number of victims and the value of property likely to be found in the residence. Armed with this inside information the robbery takes less time to commit and there is therefore less risk of being apprehended. Drug related and/or bookmaking related robberies seem to be more profitable and appear to occur as often as other home invasions within the community. Suspects are likely to be armed with guns and knives and use these weapons to intimidate victims and provide suspects quick access to property of value, including cash, expensive jewelry, and/or drugs. Weapons are also used to terrorize victims so they will not report the crime to the police. It does not appear that most of the suspects necessarily intend or want to use the weapons to harm victims, but will resort to their use if necessary. Based on many of the law enforcement interviews conducted as well as personal experience, some suspects “get off” on the use of violence and torture and actually enjoy inflicting emotional trauma and physical harm on their victims. The property obtained in the robberies seems to be commonly fenced within the community through trusted associates, and sometimes arrangements are made for sale of the merchandise before it is even stolen. The primary motive of the suspects appears to be to obtain quick liquid wealth for an affluent lifestyle without having to work. Most suspects appear to have no means of support, are not employed, and live solely off proceeds taken from robbery victims. Some suspects are addicted to drugs and use the 51 Home Invasions and Identity Theft 22 April 2004 cash and proceeds to supply their drug habit in addition to supporting their carefree lifestyle. Experienced criminals are careful to cover their tracks and/or conceal their identity wearing ski masks, bandanas, and gloves of all types. Careful lengthy surveillance and detailed background information on the victim and his residence are also conducted by the experienced home invader. If masks are not worn by the suspects, then it is likely that they are from out of state and have either been hired by locals to commit the robbery or local gangsters have supplied them with the target in exchange for a cut of the loot. It appears rare that suspects are smart enough to cover up footprints at the crime scene, and many are still unfamiliar with law enforcement’s ability to collect DNA evidence. Disruptions can occur during robberies. Neighbors notice unusual activity and summon the police, or a victim escapes while the robbery is under way, or the victim physically resists the home invaders, which causes the suspects to abort the robbery. Effective countermeasures suggested by those interviewed have consistently been that Neighborhood Watch programs are the most effective. If a strong Neighborhood Watch program is in effect, suspects may not even select a target for fear of being noticed and ultimately being apprehended. Frequent police patrols in neighborhoods also seem to have a deterrent effect. Some suspects are concerned about Asian gang details that have knowledge of gang members and/or robbery crews. It is also important for law enforcement to develop rapport with the Vietnamese community through community based sub-stations, having Web Sites in Vietnamese language with “web tip” hot lines, and hiring more Vietnamese police officers who are familiar with the customs and are fluent in the spoken language. The racial make-up of the groups appear to be primarily Asian and usually homogenous; that is, either Vietnamese, Cambodian, or Laotian and not a combination of the groups. Sometimes other non-Asians have been involved in the robberies, but only if they are members of the same gang or are close, trusted associates. Vietnamese gangsters usually stay to themselves, but the purpose of these robberies is to make money and some associations will be made with members of other ethnic groups if they have something to offer. These associations are usually made while incarcerated in local jails or other correctional institutions. There does not seem to be any emotional attachment between the suspects and victims. The suspects appear as if they are there to do business and care little for the emotional welfare and/or of physical harm caused to the victims. The number of suspects involved appears to vary between two to as many as four or five. The consistency here is that the suspects do not want to have too many crime partners; only the number necessary to carry out the robbery and no more. The reason for having the fewest number of suspects necessary is that the loot does not have to be divided into several smaller amounts, and there is less risk of being caught either at the scene or later on after one or more are apprehended and potentially “rat” on the others. 52 Home Invasions and Identity Theft 22 April 2004 Most of the robberies appear to be gang-related. Some of the associates are not gang members, but are recruited for their special expertise or knowledge of the home or victims. Some of the crews are from the criminal element, but not necessarily gang members. It appears that many of the “crews” or “bandit groups” are made up of gang members or criminal associates from a variety of gangs and/or criminal groups, with no specific gang running the operation. The suspect(s) method of operation appears to be fairly consistent as well. There is usually a careful selection of the target. Background information is sought on the target by persons who have direct knowledge of the victim, his residence, and wealth, as well as specifically where property of value will likely be found within the residence. The suspects commonly use stolen vehicles or vehicles which are not associated with the group. They often “cold plate” (change license plates) the vehicles so no connection is made between the vehicle and the suspects if a witness happens to copy down the license plate number. The suspects generally enter the residence by use of ruse or force via the front door. They then round up the victims into one area, and while one suspect watches the victim, others look for the valuables within the residence. The suspects commonly use gloves or items to conceal their identity, such as t-shirts or bandanas, or ski masks covering their faces. 6 Data Analysis The objectives of this study and the nature of the data available in a modest project of this type have a powerful impact upon the selection of research and analytical methods. Police records of individual cases of home invasion crimes in which Asian gangs are suspected of involvement are the focus of the effort. The researchers identified fifty-five such cases; they are drawn predominantly from Orange County, California (38), and suburban areas of northern Virginia surrounding Washington, DC (12). A small number of cases were identified in Kansas and Oklahoma. Figure 12 shows the distribution of cases by state. The cases range in time from 1994 to 2003. They are not evenly distributed; there are two clear peaks in 1995 (11 cases) and 2001 (21 cases). As is clear from Figure 13, these peaks are due solely to the high number of cases in Orange County during those two years. The northern Virginia, Kansas and Oklahoma cases are overwhelmingly clustered in 2000, 2001 and 2002, but without a comprehensive examination of police records from the early 1990s to the present it is unknown whether home invasions are increasing. 53 Home Invasions and Identity Theft 22 April 2004 40 30 20 Count 10 0 CA KS OK VA State Figure 12: Home Invasion Cases by State 30 20 State VA 10 Count OK KS 0 CA 1994 1995 1996 1997 1998 2000 2001 2002 2003 Year Figure 13: Home Invasion Cases by Year and State 54 Home Invasions and Identity Theft 22 April 2004 6.1 Identification and Selection of Cases Northern Virginia—including the cities of Alexandria and Falls Church as well as Arlington, Fairfax, and Loudon Counties—was selected as the focus for comparison with Orange County based on a combination of its broad demographic similarity with Orange County (though the total population in the northern Virginia cities and counties selected is less than two-thirds that of Orange County), and its convenience to research staff. Significantly, northern Virginia has a high population of Vietnamese and other Southeast Asian immigrants and a large number of businesses owned by and serving these groups. These businesses are concentrated in clearly defined areas, particularly in a region on the border between the City of Falls Church and Fairfax County. Arlington County hosts another, smaller concentration of these businesses. Identifying cases of home invasion by Asian gangs was especially difficult because the police departments contacted generally do not track home invasion separately from the broader category of residential burglaries. As a result, the researchers relied on the recollections of particular police officers to identify cases. To maximize their ability to locate cases, the researchers typically contacted both gang units and records units within individual police departments. Unfortunately, it was not possible to establish gang involvement definitively in most cases due to the lack of arrests or clear evidence that the crime was conducted by a gang as such rather than an ad hoc group of individuals. Police records specify gang involvement in 16 of the 55 cases (29%). Records indicate that gang involvement was suspected but not certain in the remaining 39 cases (71%). Four cases involving groups of Asian suspects that were not gang-related were discarded (three from northern Virginia and one from Orange County). Comparison of the data from definite and suspected gang cases suggest that they are generally similar. Where notable, differences are identified and described in detail with the results of the analysis. All cases identified were selected for study; thus, the data set approximates the population of home invasion cases in the areas studied and is not a sample. From a national perspective, the cases are a non-random sample, though they could ultimately be incorporated into a nationwide dataset. 6.2 Analytical Methods The relatively small number of cases in a limited study of this type considerably circumscribes the statistical methods that can be applied. The nature of the variables examined were often nominal (categories) or ordinal (ordered groups that are not necessarily equidistant) rather than scaled (numbers). However, given the exploratory nature of the project, even relatively simple analytical procedures can yield interesting results and shape further study. The bulk of the study results are presented through frequencies of cases that meet particular criteria and cross-tabulations of variables. This was a particularly valuable 55 Home Invasions and Identity Theft 22 April 2004 method in comparing home invasion cases in Orange County and northern Virginia and produced important findings. The level of detail in police reports and other differences among reports was a particular challenge in that many reports did not address questions of special interest to the researchers. For example, very few reports addressed the motivation for the home invasion crime, i.e., whether the suspects were driven by their lust for money or sought to retaliate for a perceived offense or collect a debt. Thus several interesting variables are difficult to analyze due to the number of cases with missing values. 7 Results The study results are presented in three sections: the modus operandi model, the suspect model, and the victim model. A concluding summary section highlights some of the most interesting findings. 7.1 The Modus Operandi Model Examining the modus operandi of the selected home invasion crimes produces a variety of interesting results. First and foremost is the favored timing of the crimes; several periods during the week stand out. Monday evenings (6:01 p.m. to 12:00 a.m.) and Thursday mornings (6:01 a.m. to 12:00 p.m.) are most popular and each account for 11% of the total cases. Friday early mornings (12:01 a.m. to 6:00 a.m.) and Tuesday afternoons (12:01 p.m. to 6:00 p.m.) are next most popular, accounting for 7.3% of cases each. Thursdays, Fridays, and Mondays are the most popular days of the week, with 20%, 18.2%, and 18.2% of cases, respectively. Curiously, Thursday and Friday crimes were common in both California and Virginia, but Monday crimes were frequent only in California (eight cases) and rare in Virginia (one case). A random distribution across days of the week would result in 14.3% of cases each day. Home invasions occurred least commonly on Sundays and Wednesdays, which each accounted for only 9% of cases. No home invasions took place during four specific time frames: daytime Sundays (12:01 p.m. to 6:00 p.m.), mornings on Mondays and Tuesdays (6:01 a.m. to 12:00 p.m.), and Thursday evenings (6:01 p.m. to 12:00 a.m.). See Figure 14 for a full breakdown of cases by day of the week and time of day and Figure 15 for a breakdown by day and state. 7.1.1 Entry Techniques and Locations Patterns also emerge in the methods and points of entry in home invasion crimes. Although public fears of home invasion focus on ruses—criminals pretending to be deliverymen, friends of a home occupant, etc.—this mode of entry is much more common in Virginia, where it accounts for 58.3% of cases, than in California, where it was used in only 15.8% of cases. In Orange County, suspects used forced entry in 44.7% of cases or simply entered through an unlocked door or window in 23.7% of cases. 56 Home Invasions and Identity Theft 22 April 2004 12 10 8 Time (Coded) 6 12:01 pm to 6:00 pm 6:01 am to 12:00 pm 4 Count 12:01 am to 6:00 am 2 6:01 pm to 12:00 am 0 Missing Sunday Tuesday Monday Thursday Wednesday Saturday Friday Day of Week Figure 14: Cases by Day and Time 12 10 8 State 6 VA 4 Count OK 2 KS 0 CA Sunday Tuesday Monday Thursday Wednesday Saturday Friday Day of Week Figure 15: Cases by Day and State Forced entry was used in only one case (8.3%) in northern Virginia. Suspects hid on a property in only 13.2% of cases in Orange County and did not employ this method at all in northern Virginia. In only one case in each state did suspects follow the victim home. 57 Home Invasions and Identity Theft 22 April 2004 The front door was the preferred entry point; suspects used the front door to gain access to the home in 44.7% of cases. A back door was the next most common access point to homes and was used in 21.3% of cases. Not surprisingly, a front window was used in only one case. The predominance of the ruse in northern Virginia likely contributed to the fact that in all but one of the cases there in which an entry point was identified, suspects entered through the front door. For comparison, suspects entered through the front door in only about one-third of Orange County home invasions. 7.1.2 Number of Suspects As is clear in Figure 16, the vast majority of home invasions in this study involved two, three, or four suspects. Some twenty cases (36.4%) involved four suspects, thirteen (23.6%) involved three, and eleven (20%) involved two. One unusual case involved fifteen suspects, all teenage girls apparently united in righting a school-related wrong done by a peer in the target home. No other case involved more than six suspects. There is a modest difference in the mean number of suspects between the Orange County cases (mean number of suspects 3.89) and the northern Virginia cases (mean 3.06), but the difference narrows considerably (to 3.56 vs. 3.06) if the outlying case involving the fifteen teen girls is excluded. 30 20 Count 10 0 Missing 2 3 4 5 6 15 Number Figure 16: Number of Suspects There is a slight difference between the mean number of suspects (3.69) and the mean number who entered the home (3.31), reflecting the fact that some suspects left one of their number outside as a lookout or driver. The magnitude of this difference (.38) suggests that one suspect remained outside in roughly one-third of cases; however, this is deceptive. In fact, one suspect remained outside in only 8.5% of cases, suggesting that the use of lookouts/drivers is relatively rare. However, since the reporting of lookouts depends solely on victims and/or bystanders noticing a lookout, it is difficult to determine 58 Home Invasions and Identity Theft 22 April 2004 whether lookouts were actually present. Much of the difference in means can be attributed to the disruption of home invasions in a few cases with high numbers of suspects—in these cases, several suspects arrived but none were able to enter the home. Victims were generally unable to say how suspects had arrived (60%). 7.1.3 Weapons and Other Instruments Used; Strategies Employed Suspects employed guns of one kind or another in 89.1% of home invasion cases; they occasionally combined guns with other weapons such as knives (21.8%) or clubs (3.6%). The suspects used no weapons of any kind in 9.1% of cases. In one case, suspects used a fake handgun. Specific data on the types of guns used was spotty, but semi-automatic handguns seemed to be most common. The data did not allow an assessment of how many suspects were armed or unarmed in any particular case. Suspects employed tools relatively rarely—in only 20% of cases—and usually employed pry bars (45.5% of cases when tools used) or screwdrivers (27.2% of cases when tools used). They used bindings of various types in nearly half of cases (47.3%), with a clear preference for cords (electrical extension cords, telephone cords), which suspects applied in 42.3% of the home invasions when bindings were used. Zip ties (23.1%) and duct tape (19.2%) were also common bindings. Masks and gloves, to complicate efforts at identification and prosecution, were fairly common. Masks were used by one or more suspects in 56.4% of cases for which data was available (victims were uncertain in 12.7% of cases), though gloves were used in only 36.4% of cases. Notably, masks were used by considerably more suspects in Orange County than in northern Virginia, suggesting a greater level of sophistication among Orange County’s home invaders. The mean number of suspects with masks in the California cases was 2.26, with a standard deviation of 1.85 (high in relative terms), compared to a mean of 0.30 with a standard deviation of 0.48 (also high in relative terms) in northern Virginia. Taking into account that most suspects operate in groups of two to four, the high standard deviation in the California cases suggests that groups tend either to employ masks or not to employ masks as a unit. The lower figures in Virginia suggest that one member of a particular group uses a mask but most do not. (The group of fifteen teenage girls did not use masks, which could otherwise have inflated the standard deviation of the Orange County cases.) Suspects also used gloves more frequently in Orange County (39.5%) than in northern Virginia (25%). Suspects attempted to isolate their victims by cutting telephone lines surprisingly rarely, in 32.7% of cases. When available, police reports suggest that suspects generally accomplished this by jerking telephone cords out of the wall. Alarm systems were generally not a factor in the home invasions studied; alarms systems were reported in only four cases (7.3%). Suspects disconnected just one of the four alarm systems (25%). The low number of alarm systems in victims’ homes suggests that they might serve as a deterrent; however, it is difficult to assess the deterrent value of alarms without knowing their prevalence in the communities studied. 59 Home Invasions and Identity Theft 22 April 2004 Victims reported the use of communications equipment (cellular telephones or radios) in just five cases (9.1%), though over one-third of victims (36.4%) did not know whether or not the suspects made use of communications devices. 7.1.4 Attacks and Violence Suspects used physical violence in one-third of cases (34.5%) and simply bound or confined their victims in nearly two-fifths of cases (38.2%) without employing violence. Suspects did not use violence or bind or confine their victims in 27.2% of cases. In the nineteen cases when suspects physically attacked their victims, fourteen (73.7%) involved hitting, kicking or pushing. Only three cases (15.8%) involved cutting or stabbing and only two cases (10.5%) involved firearms. All five of the cases when suspects attacked with weapons were in Orange County. Suspects engaged in sexual assault (groping) in only one case, in Westminster, California. 7.1.5 The Robbery As a rule, suspects in the home invasion cases under study ransacked the homes they targeted. Suspects “partially” ransacked homes in 33.3% of cases and “completely” ransacked homes in 42.6% of cases. Ransacking is likely both a function of the generally short duration of home invasions—which encourages haste and recklessness by the suspects—and the suspects’ use of such violent searching as a means of intimidation. The vast majority of home invasions in this study (74.6%) lasted thirty or fewer minutes. In fact, 36.4% of cases lasted only ten minutes or fewer. Just three cases (5.4%) exceeded one hour; of those three, two cases were over within two hours. The victims in the remaining case were kidnapped, removed from their home, and held for approximately twenty-four hours. Figure 17 illustrates how the crime durations are distributed. There were notable differences in duration between the Orange County and northern Virginia cases. In northern Virginia, 58.3% of home invasions lasted ten minutes or fewer, against just 31.4% of cases in Orange County. And just 8.3% of northern Virginia cases lasted thirty-one minutes or more, compared to 28.6% of Orange County cases. The three cases with duration of sixty-one minutes or longer all took place in Orange County. Figure 18 demonstrates the differences. 60 Home Invasions and Identity Theft 22 April 2004 Unknow n 5.5% >121 mins 1.8% 61-120 mins 3.6% 31-60 mins <10 mins 14.5% 36.4% 10-30 mins 38.2% Figure 17: Duration of Home Invasions 30 20 State VA 10 Count OK KS 0 CA Unknow n 10-30 mins <10 mins 61-120 mins 31-60 mins >121 mins Duration Figure 18: Duration by State Predictably, cash and jewelry were the most frequently stolen items. Suspects stole cash in 52.7% of cases and jewelry in 56.4% of cases. In eleven cases (20%), the home invaders left with nothing. Thieves took electronics (stereos, cellular telephones, computers, cameras) in 26.4% of cases. Suspects took other items only very rarely; victims reported guns stolen in five cases (9.1%) and cars or credit cards stolen in two cases each (3.6%). The principal difference between the appetites of Orange County and 61 Home Invasions and Identity Theft 22 April 2004 northern Virginia suspects was in their affinity for jewelry, which was stolen in 62.2% of California cases and just 27.3% of Virginia cases. 7.1.6 The Departure Over one-third (34.6%) of home invasions were disrupted for various reasons. Of these, more than one-third (36.8%) were disrupted by the arrival of police officers. Four home invasions, or 21.1%, were disrupted when victims called for help; three each (15.8%) were disrupted by resistance from the victims or surprises, such as an unexpected arrival at the home. One case was disrupted by an alarm and one case was disrupted when the victim fled. Perhaps surprisingly suspects were more likely to flee on foot (43.6%) than by car (25.5%). Victims did not report how the suspects left their home in one-quarter (25.5%) of cases and did not know whether suspects left together or separately in two-fifths of cases (41.3%). When victims were able to report whether suspects left together or separately, suspects appeared to flee together by a three-to-one margin (43.5% together to 15.2% separately). It is also possible that suspects fled on foot to a car parked out of the victims’ sight. 7.2 The Suspect Model As previously stated, sixteen of the fifty-five home invasions studied (29%) were definitively linked to gangs in police reports. Gangs could not be linked conclusively to the crimes committed in the remaining thirty-nine cases (71%), but were nevertheless suspected of involvement. 7.2.1 Number of Suspects The Modus Operandi Model presented findings on the number of suspects involved in the home invasions examined here. As described earlier, two to four suspects took part in the crime in approximately four out of five home invasions; four suspects were involved in over one-third of cases. 7.2.2 Suspects’ Age Assessing the age of suspects is quite difficult as it depends in the absence of arrests (and therefore overwhelmingly) upon victims’ estimates. Some estimates are fairly precise, for example, 24-26 years old, while others are not at all precise, such as 21-30 years old. As a result, the researchers established three broad age categories: under 20 years old, 2130 years old, and 31-40 years old. No victim estimated the age of any suspect as over 40 years old. The lowest age estimate was 14-15 years old; the two suspects of that age were accompanied by three other suspects who appeared to be in their early 20s. Perhaps unsurprisingly, close to half of all suspects (46.8%) were estimated to be 21-30 years old. One-quarter (25.6%) were estimated to be 20 years old or younger. Just 3.4% of suspects were believed to be 31-40 years old; victims were unable to estimate the ages of the remaining one-quarter of suspects or provided age estimates that could not be categorized (such as 20-40 years old, a range too broad to be analytically useful). Figure 19 displays the distribution of suspects’ ages in graphical form. 62 Home Invasions and Identity Theft 22 April 2004 120 100 80 60 Count 40 20 0 14 to 20 years old 31 to 40 years old 21 to 30 years old Unknow n Suspects' Age Figure 19: Age of Suspects 7.2.3 Suspects’ Ethnicity and Language Use Suspects in the cases studied are predominantly (76.4%) ethnically Vietnamese, though this is likely in large measure a function of the particular communities examined in this project. Victims identified another 11.3% of suspects simply as “Asian,” with no specific ethnicity; 6.9% of suspects were of unknown ethnicity (perhaps not seen by the victims). Very small numbers of suspects had other ethnic origins: Chinese (2%), Laotian (1.5%), Korean (1%), and Caucasian (1%). The ethnic breakdown of suspects did not differ meaningfully by location. Groups of suspects in individual cases are generally ethnically homogenous (70.9%), though in nearly one-quarter (23.6%) of cases, homogeneity could not be established because the ethnicity of one or more suspects was unknown. Eliminating the unknown cases, 92.9% of groups are ethnically homogenous. This seems consistent with the notion that gangs are formed within, but generally not across, particular ethnic groups. Ethnic homogeneity of groups exceeded 90% in both the Orange County and the northern Virginia cases. Suspects used English to communicate in approximately one-third (34.5%) of cases and Vietnamese in slightly more than one-quarter (27.3%) of cases. Suspects used both English and Vietnamese in 25.5% of cases, all in Orange County. Virginia suspects used English half again as frequently than their California counterparts, 41.2% to 26.3%. Other languages—Cantonese and Korean—were used in 2% of cases or fewer. Victims could not identify suspects’ spoken language in 3.6% of cases and no language was used in 3.6% of cases. 63 Home Invasions and Identity Theft 22 April 2004 The researchers attempted to assess suspects’ English language skills where possible—if suspects used English during the crime or in custody—but data was unavailable in 36 of the 55 cases (65.5%). The cases in which data exists are uninformative; 63.2% of suspects were considered to have average language ability, 15.8% were considered to have excellent language ability, and 15.8% were considered to have poor language ability. This approximates a normal distribution (a bell curve) of English language skills, which one would expect among any randomly selected group. 7.2.4 Evidence, Arrests, and Suspect Cooperation Though the evidence collected in the cases studied was quite diverse—ranging from audio recordings of gang members plotting a home invasion to an empty cookie tin left by suspects who had devoured the contents during their crime—some patterns did emerge. Because many home invaders bound their victims, and left the victims bound when they left the scene, police officers were able to collect the materials used (duct tape, zip ties, and even handcuffs in one case) in 54.5% of cases. Responding officers discovered guns, knives or other weapons in 23.6% of cases and tools (screwdrivers, a glass cutter, a hammer, and other items) in 9.1% of cases. Police were unable to collect any evidence in 27.3% of cases. Fingerprints were collected in 15 cases (27.3%). The collection of binding materials did not differ notably between the Orange County and northern Virginia cases, though there were distinct differences in the weapons and tools found at the crime scene. Police retrieved weapons in 31.6% of the California cases but only 8.3% of the Virginia cases; they found tools in 13.2% of the Orange County cases and none of the cases in Virginia, Kansas, or Oklahoma. Interestingly, northern Virginia police collected no physical evidence whatsoever in two-fifths (41.7%) of cases, while Orange County police left with no evidence in only 18.4% of cases. Likewise, Orange County officers collected fingerprints in 34.2% of cases, though Virginia police found fingerprints in only one of the twelve cases (8.3%). Police arrested suspects in sixteen of fifty-five cases (29.1%) and generally arrested two (six cases) or three (five cases) suspects. Northern Virginia police were somewhat more successful in making arrests, doing so in 41.7% of cases. Orange County police arrested suspects in 26.3% of cases. Figure 20 shows the number of arrests per case broken down by state. When arrests were made, the mean number of arrests per case is somewhat higher in the California cases than the northern Virginia cases, due primarily to success in two cases that involved four and five arrests, respectively (Suspects in the five-arrest case were betrayed prior to the planned crime by an informant who supplied an audio recording of a strategy meeting). 64 Home Invasions and Identity Theft 22 April 2004 50 40 30 State 20 VA OK Count 10 KS 0 CA 0 1 2 3 4 5 Number Arrested Figure 20: Number of Arrests per Case by State Overall, most suspects (61.1%) displayed “poor” cooperation with police. About onefifth (22.2%) provided cooperation at an “average” level, while 16.7% provided “high” cooperation. Curiously, none of the Orange County suspects were rated as giving “average” cooperation; all were considered “high” (27.3%) or “poor” (72.7%). No Virginia suspects provided “high” cooperation; they were divided evenly between average and poor (three cases of each). Examining only those cases in which gang involvement was certain, the researchers found a slight increase in “poor” cooperation (to 64.3%) and a larger increase in “average” cooperation (to 28.6%) with a corresponding decline in “high” cooperation (to 7.1%). If some of the suspected gang cases did not in fact involve gangs, this would be consistent with a hypothesis that gang members are less likely to cooperate with police due to their greater loyalty to one another. Pursuit of that hypothesis is outside the scope of this study, however, as the researchers’ aim is to examine behavior patterns by gangs rather than criminals in general. 7.3 The Victim Model Victims lived overwhelmingly in single family homes, which were the scenes of forty-six of the fifty-five home invasions in this study, or 83.6% of cases. Four cases took place in townhouses (7.3%), four cases in apartments (7.3%), and one case (1.8%) in a duplex. (Duplexes have rarely been constructed in recent years and are increasingly rare.) The selection of single-family homes likely reduces the number of potential witnesses and/or surprise interruptions during the home invasion; it probably also reflects greater relative 65 Home Invasions and Identity Theft 22 April 2004 wealth on the part of the victims, who must be able to afford a single family home. Police reports did not characterize the neighborhood in fifteen cases. Approximately one-third of homes (32.7%) were located in upper middle class neighborhoods, while another one-third (34.5%) were located in middle class neighborhoods. Just 3.6% and 1.8% of homes were located in working class or lower class neighborhoods, respectively. Victims in only four cases (7.3%) reported using security systems in their homes; all were in single-family homes in upper middle class neighborhoods. Figure 21 displays the breakdown of residence types by neighborhood. 20 Type of Residence 10 Single Family Count Tow nhouse Duplex Apartment 0 Missing Upper Middle Middle Low Income Working Class Type of Area Figure 21: Types of Residence by Neighborhood 7.4 Victims’ Households The number of victims ranged from one (nine cases) to twelve (two cases), though officers in one of the cases involving twelve victims expressed concern about the possibility of a false report. The average number of victims was quite close to four (3.93), though the mean was higher in the Orange County cases (4.16) than the northern Virginia cases (2.50). Households included either two or four victims most frequently, with ten cases (18.2%) in each category. Figure 22 reports the number of victims by state. 66 Home Invasions and Identity Theft 22 April 2004 12 10 8 6 State VA 4 OK Count 2 KS 0 CA 1 2 3 4 5 6 7 8 10 12 Number of Victims Figure 22: Number of Victims by State Approximately one-half (51.4%) of victims were under thirty years old, divided roughly evenly between eighteen years old and under (27.9%) and nineteen to thirty years old (23.5%). Children sixteen years old or younger were present in 45.5% of households at the time of the home invasion crime; adults over sixty-five years old were present in 29.1% of cases. Fifty-three point six percent (53.6%) of the total number of victims were female and 46.4% were male. Figure 23 displays the number of victims in each age category by state. The peaks in the data are consistent with an effort to target households built around individuals in the 41 to 55 age range who have multiple children or grandchildren and, in some cases, one or two of their parents in their homes. The fact that those in the 41 to 55 bracket represent only 18.4% of the total number of victims but are present in 54.5% of the households also supports this hypothesis. Figure 24 demonstrates that the age distribution of victims differs little between the Orange County and northern Virginia cases. 67 Home Invasions and Identity Theft 22 April 2004 60 50 40 State 30 VA 20 Count OK 10 KS 0 CA 18 and under 31 to 40 19 to 30 56 to 65 41 to 55 66 and over Victim's Age Figure 23: Number of Victims by Age and State 30 20 10 Percent State CA VA 0 18 and under 19 to 30 31 to 40 41 to 55 56 to 65 Victim's Age Figure 24: Percentage of Victims by Age and State 68 66 and over Home Invasions and Identity Theft 22 April 2004 7.4.1 Resistance, Injuries, and Medical Attention Victims generally offered little resistance (63.5%) or none (17.3%). Victims presented “strong” resistance to home invasions in 9.6% of cases and “average” resistance in 9.6% of cases. Victims in Orange County tended to offer more resistance than those in northern Virginia, as is clear at the left side of Figure 25. Note that the “strong” resistance in 8.3% of cases in Virginia is due to just one case and that there are no cases of “average” resistance there. 80 70 60 50 40 30 20 CA vs VA 10 CA Percent VA Percent 0 Strong Average Little None Figure 25: Level of Resistance by State Fortunately, no victims were injured in a large majority of cases (69.1%) and no victims were killed in any cases in this study. One victim was injured in 16.4% of cases and two or three victims were injured in 5.5% of cases each. Four victims were injured in one case (1.8%) and six victims were injured in one case (1.8%). Notably, one or more victims were injured in only one of the northern Virginia cases; all of the remaining fifteen cases in which victims were injured took place in Orange County. Though victims were injured in 30.9% of cases, they sought medical attention in only 21.8% of cases. Thus victims were injured but did not seek medical attention in 9.1% of cases, slightly less than one-third of the cases in which injuries occurred. These injuries were likely minor cuts or bruises. Victims sought medical attention from paramedics or emergency medical technicians (EMTs) in 7.3% of cases, about one-quarter of the cases involving injuries, and sought treatment at a hospital in 12.7% of cases, or about twofifths of the injury cases. (The victim in the sole Virginia case sought hospital care.) The relationship between victims’ resistance and injuries and medical attention is an interesting one. As is clear from Figure 26, victims offering strong resistance did not 69 Home Invasions and Identity Theft 22 April 2004 seek medical attention in 40% of cases, while at least one victim sought care at a hospital in 60% of cases. Direct examination of the data shows that the home invasion crime was disrupted (not completed) in all of the five cases in which victims resisted strongly—but with serious injuries to victims in a solid majority of cases. Examination of the cases showed strong physical resistance to the home invaders in most cases. Home invasions were disrupted in a solid majority (80%) of cases in which victims presented average resistance, though the data demonstrate that their resistance focused primarily on calling the police or otherwise seeking help rather than physically confronting their attackers. Graph 15 suggests that this is a more successful—though still dangerous—strategy, in that victims did not need medical attention in 75% of cases and sought hospital care in 25% of cases. Victims who gave little resistance sought attention from paramedics or EMTs in 9.1% of cases and from hospitals in 9.1% of cases. Victims who offered no resistance sought help from paramedics or EMTs in 11.1% of cases; none needed hospital care. y 100 80 60 Level of Resistance 40 Strong Percent Average Percent 20 Little Percent None Percent 0 None Paramedic/EMT Hospital Figure 26: Medical Attention by Resistance Curiously, when victims offered strong resistance and were injured, not more than one victim was injured. As is clear from Figure 27, this was not true in the cases when victims offered average or little resistance; in eight combined cases (14.6%), more than one victim was injured. In fact, these cases are a majority of the cases when victims presented average or little resistance. Only one victim was injured in 10.9% of cases. 70 Home Invasions and Identity Theft 22 April 2004 Figures 26 and 27 demonstrate clearly that the safest course for victims was to avoid any attempt to resist. 40 30 20 Level of Resistance None Count 10 Little Average 0 Strong 0 1 2 3 4 6 Number Injured Figure 27: Number Injures by Resistance 7.4.2 Reporting, Descriptions, Relationships, and Willingness to Testify Previous writing on ethnically-based gangs has argued that victims may be reluctant to report crimes that occur in their communities due to distrust of police, fear of retaliation, and other factors, but the level of underreporting cannot be determined by this study. We do know that 63.6% of crimes in this study were in fact reported by the victims and only 36.4% were reported by others. Moreover, an overwhelming 94.0% of home invasions were reported within one hour of the event. Another 4.0% of crimes were reported between one and two hours after the crime. Just one home invasion (2.0%) was reported more than two hours later; that case was reported more than twenty-four hours later. Victims requested language assistance in 40% of cases. Both victims and witnesses were also quite willing to testify. Victims in 60.4% of cases showed a “strong” willingness to testify, as did witnesses in 73.7% of cases. Victims displayed an “average” willingness to testify in 33.3% of cases, though witnesses demonstrated this level of willingness in just 21.1% of cases. “Weak” willingness to testify was uncommon; police reported this level of willingness from victims in 6.3% of cases and witnesses in 5.3% of cases. Needless to say, victims and witnesses who decide to report home invasions or other crimes—especially when they decide quickly, as in most of the cases in this study—are probably considerably more willing to testify than those who elect not to report crimes at all. 71 Home Invasions and Identity Theft 22 April 2004 Victims’ willingness to report home invasions and to testify could be related to the fact that 77.8% of suspects were described as “strangers,” that is, they were not personally known to the victims. On the contrary, however, victims displayed a strong willingness to testify in eight of the ten cases in which the suspects were not strangers (when they were family friends, children’s friends, casual or business acquaintances or when they were led to the victims by someone in one of these categories). In fact, when victims and suspects were strangers, victims demonstrated strong willingness to testify in a slightly smaller share of cases that the total population (56.8% strong willingness to testify against strangers, 60.4% strong willingness to testify overall). Witnesses’ descriptions were generally superior in quality to the descriptions provided by victims, though witness reports were available in only 34.5% of cases. Figure 28 shows the relative quality of descriptions from the two groups. Quality of Witnesses' Description Quality of Victims' Description 60 70 60 50 50 40 40 30 30 20 Percent Percent 20 10 0 Excellent Quality of V Description Average 10 0 Poor Excellent Average Poor Quality of W Description Figure 28: Quality of Victim and Witness Descriptions As is apparent, victims and witnesses in a comparable share of cases provided excellent descriptions (victims in 29.4% of cases and witnesses in 31.6% of cases). However, witnesses gave average descriptions much more frequently, and poor descriptions much less frequently, than victims. In fact, witnesses gave average descriptions in 63.2% of cases for which witness descriptions were available, compared to victims in 49.0% of cases. And witnesses provided poor descriptions in only 5.3% of cases where witnesses were available, while victims provided poor description in 21.6% of cases. There are a variety of possible explanations for this discrepancy; two of the most plausible are that victims’ descriptions degrade due to the trauma of the event, which is more removed for witnesses, or that witnesses who could provide only poor descriptions simply do not come forward, because they believe they have little to offer. There are several differences between the northern Virginia and Orange County cases. First, Orange County witnesses offered substantially better descriptions of suspects. All witness descriptions in northern Virginia were rated as average, while fully 40% of California witness descriptions were excellent. California victims were also considerably more willing to testify; victims in 72.7% of Orange County cases displayed a strong willingness to testify, while only 18.2% of Virginia cases fell in the same category. Finally, Orange County cases were divided evenly among victim-reported and witness- 72 Home Invasions and Identity Theft 22 April 2004 reported crimes, with 50% of cases in each group. Northern Virginia home invasions were victim-reported in 91.7% of cases. 7.4.3 Police Responses The most striking finding concerning police responses is the disparity between the number of officers responding in the Orange County and northern Virginia cases. The mean number of officers responding in the thirty-six California cases for which data were available was 4.36, with a standard deviation of 2.62; just two officers were dispatched to the crime scene in 30.6% of cases. In contrast, the mean number of officers responding in the twelve northern Virginia cases was 10.50, with a standard deviation of 3.61; twelve or fourteen officers responded in 50% of cases. Thus, on average, northern Virginia police departments sent six more officers to the scene. It was demonstrated earlier that northern Virginia departments made arrests in 41.7% of cases, compared to arrests in 26.3% of cases in Orange County, though in Virginia fewer fingerprint records are taken and less evidence is collected overall. Figure 29 presents the percentage of cases in which a given number of officers responded, segregated by state. 40 30 20 CA vs VA Percent 10 CA 0 VA 2 3 4 5 6 7 8 9 10 11 12 14 Number of Officers Figure 29: Officers Responding by State Police departments used photo lineups to attempt to identify suspects in two-thirds (66.0%) of cases and asked victims to identify property in 89.1% of cases. Photo lineups were somewhat more common in the northern Virginia cases, where they were used 75.0% of the time, compared to 62.9% use in Orange County. When photo lineups were not used, one or more arrests were made in just 14.3% of cases; when they were used, one or more arrests were made in 64.7% of cases. Similarly, when victims were not asked to identify property, one or more arrests were made in 26.1% of 73 Home Invasions and Identity Theft 22 April 2004 cases and when victims were asked to identify property, one or more arrests were made in 80% of cases. Canines were used in 14.3% of cases overall, though they were much more common in Virginia than California. Dogs were used in four of twelve (33.3%) of cases with available data in northern Virginia and just three of thirty-seven cases (8.1%) in Orange County. One or more arrests were made in 57.1% of cases when canines were used and in 25.5% of cases when canines were not used. 7.5 Summary 7.5.1 Modus Operandi Model • Home invasions were most common during Monday evenings (6:00 p.m. to 12:00 a.m.) and Thursday mornings (6:00 a.m. to 12:00 p.m.) and least common during daytime Sundays (12:00 p.m. to 6:00 p.m.), Monday and Tuesday mornings, and Thursday evenings. • Ruses were used in 58.3% of cases in northern Virginia, but only 15.8% of cases in California. Forced entry was used in 44.7% of cases in Orange County, but only 8.3% of cases in Virginia. • Suspects entered through the front door in 44.7% of cases and the back door in 21.3% of cases. • Home invasions generally involved two (20% of cases), three (23.6% of cases), or four (36.4% of cases) suspects who used firearms in 89.1% of cases and occasionally used other weapons, such as knives (21.8%), as well. • Suspects used tools rarely, in 20% of cases, but used bindings of various types commonly, in nearly half of cases (47.3%). Cords (electrical extension cords, telephone cords) were used in 42.3% of these cases, though zip ties (23.1% of cases) and duct tape (19.2%) were also used in many cases. • Suspects used masks in 56.4% of cases and gloves in 36.4% of cases; Orange County suspects appeared more sophisticated, in that they used both of these means to frustrate investigation more frequently than suspects in Virginia. • Suspects cut telephone lines in about one-third of cases (32.7%) and very rarely attempted home invasions in homes with alarms (7.3% of cases). • Suspects used physical violence in one-third of cases (34.5%) and simply bound or confined their victims in nearly two-fifths of cases (38.2%) without employing violence. Most violence was limited to hitting, kicking, or pushing (73.7% of cases); just 15.8% of cases involved cutting or stabbing and 10.5% involved guns. All of the weapon-related violence was in California cases. Sexual assault was very rare, occurring in only one of fifty-five cases, although this result might be due to underreporting. • One-third of home invasions studied (34.6%) lasted ten minutes or fewer and 38.2% lasted between ten and thirty minutes. During this time, 33.3% of homes were partially ransacked and 42.6% were completely ransacked. 74 Home Invasions and Identity Theft • • • 22 April 2004 Cash and jewelry were taken in 52.7% of cases and 56.4% of cases, respectively. Jewelry was taken much more commonly in Orange County (62.2% of cases) than northern Virginia (27.3% of cases). One-third (34.6%) of home invasions were disrupted by police, calls for help, resistance from the victims, and other means. Suspects generally fled the scene on foot (43.6% of cases) rather than by car (25.5% of cases), though many victims were not able to report how suspects departed (25.5% of cases). Suspects generally fled together rather than separating. 7.5.2 Suspect Model • Almost half (46.8%) of suspects were between twenty-one and thirty years old and one-quarter (25.6%) were twenty years old or younger. • In cases when victims were able to see all of the suspects, suspects were overwhelmingly (92.9%) in ethnically homogenous groups. • Suspects in the cases examined were predominantly (74.6%) ethnically Vietnamese, though this may be a reflection of the regions studied. • Suspects used English to communicate in approximately one-third (34.5%) of cases and Vietnamese in slightly more than one-quarter (27.3%) of cases. Suspects used both languages in 25.5% of cases, all in Orange County. • Bindings were the most common evidence collected (54.5% of cases), followed by weapons (23.6% of cases) and tools (9.1% of cases). Police collected fingerprints in 27.3% of cases. • Weapons and tools were found more frequently in the Orange County cases. Police collected fingerprints more frequently in the California cases as well. • Northern Virginia police made arrests in 41.7% of cases, compared to 26.3% of cases in Orange County. Most suspects (61.1% of cases) displayed poor cooperation, which was more common in Orange County (72.7% of cases). 7.5.3 Victim Model • Single-family homes were targeted in 83.6% of cases. Home invasions generally occurred in upper middle class (32.7%) or middle class (34.5%) neighborhoods. • The average number of victims present was approximately four. The age breakdown of each household suggests that 54.5% of cases involved victims between forty-one and fifty-five years old with some or all of their children, grandchildren, and parents in the household. • Victims generally offered little resistance (63.5% of cases) or none (17.3% of cases) and offered strong resistance in just 9.6% of cases. Strong resistance disrupted the crime in every case when tried, but resulted in a victim receiving hospital care in three-fifths of those cases. Victims who did not attempt to resist needed medical help, from paramedics or EMTs, in 11.1% of cases. • Almost two-thirds (63.6% of cases) were reported by the victims and about onethird (36.4%) were reported by witnesses. Almost all (94%) home invasions were reported within one hour. 75 Home Invasions and Identity Theft • • • • • • 8 22 April 2004 Victims and witnesses showed strong willingness to testify in 60.4% of cases and 73.7% of cases, respectively. Suspects had a direct or indirect relationship with the victims in 22.2% of cases and were strangers in 77.8% of cases. Witnesses generally provided better suspect descriptions than victims, perhaps because they were less traumatized or because witnesses who could not offer an average or excellent description did not come forward. On average, northern Virginia police departments dispatched six more officers to the scene of home invasion crimes than California departments. Police departments used photo lineups to attempt to identify suspects in twothirds (66.0%) of cases and asked victims to identify property in 89.1% of cases. Dogs were used in four of twelve (33.3%) of cases with available data in northern Virginia and just three of thirty-seven cases (8.1%) in Orange County. One or more arrests were made in 57.1% of cases when canines were used and in 25.5% of cases when canines were not used. Asian Gangs and Identity Theft: An Introduction Identity theft is a criminal offense that, according to statistics, is on the rise. Asian gangs have served as a fixture within major metropolitan regions for quite some time, renewing themselves with each new wave of migration and gentrification. The combination of the two phenomena seems likely, and indeed is something that the law enforcement community of Orange County, California, has encountered recently. What drove the commission of this report, however, was when law enforcement officials in Orange County found that other metropolitan communities across the country were discovering cases of Asian gangs and the use of identity theft to foment financial fraud. As such, Orange County wished to know if Asian gangs were engaging in identity theft for financial fraud around the country, if this was a trend that had its origins in Orange County or the West Coast, and what best practices, if any, existed for investigating Asian gangs engaging in identity theft for financial fraud. The last concern also merged later with a request to validate the approach that Orange County’s RGET takes in Asian gang investigations. The final sections of the report begin with a review of identity theft, since a review of the literature reveals that the criminal justice community is far from settling on an agreeable definition and scope of identity theft, with an eye towards qualifying the volume and veracity of the data set for this study. The report next turns to three hypothesis that the research team developed to address the first concern of Orange County, and includes an improved understanding of the different types of organized criminality that might engage in identity theft. The report concludes with a discussion addressing the second of Orange County’s queries, and includes an outline of how future research could benefit the production of best practices. For the production of these sections of the report, the authors consulted a wide range of online and library sources, including official reports, media articles and scholarly pieces. The authors supplemented this research with interviews and discussions with law 76 Home Invasions and Identity Theft 22 April 2004 enforcement and other experts in the metropolitan areas of Orange County, Washington DC, Miami, and Philadelphia. 9 Identity Theft: Poor Data from Fragmented Sources Identity theft is a widely recognized phenomenon without a commonly held definition. The Identity Theft and Assumption Deterrence Act of 1998 establishes a comprehensive definition of identity theft in 18 USC 1028(a) as someone who: 1) knowingly and without lawful authority produces an identification document or a false identification document; 2) knowingly transfers an identification document or a false identification document knowing that such document was stolen or produced without lawful authority; 3) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents (other than those issued lawfully for the use of the possessor) or false identification documents; 4) knowingly possesses an identification document (other than one issued lawfully for the use of the possessor) or a false identification document, with the intent such document be used to defraud the United States; 5) knowingly produces, transfers, or possesses a document-making implement with the intent such document-making implement will be used in the production of a false identification document or another document-making implement which will be so used; 6) knowingly possesses an identification document that is or appears to be an identification document of the United States which is stolen or produced without lawful authority knowing that such document was stolen or produced without such authority; or 7) knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law; Beth Givens, Director of the Privacy Rights Clearinghouse in San Diego, provides a more simplistic definition: [Identity theft] occurs when someone uses bits and pieces of information about an individual—usually the Social Security number—to represent him or herself as that person for fraudulent purposes.24 While both definitions appear authoritative enough, dissent amongst experts occurs when definitions are applied to criminal acts. That is, experts oftentimes fail to agree on whether identity theft is a criminal act unto itself, corresponding to such crimes as Medicare fraud or credit card fraud, or a criminal method of achieving these ends. Due to this confusion, the report adopted the phrase “identity theft for financial fraud” to limit 24 Beth Givens. 2000, July 12. Identity Theft: How it Happens, Its Impact on Victims, and Legislative Solutions, Written Testimony for the US Senate Judiciary Subcommittee on Technology, Terrorism and Government Information. See http://www.privacyrights.org/ar/id_theft.htm 77 Home Invasions and Identity Theft 22 April 2004 the focus of the inquiry as well as to state clearly the view of identity theft being a criminal method that supports fraud. Another result of this failure to define identity theft is that at the federal level of law enforcement, no one agency has stepped forward to assert jurisdiction over identity theft cases. A General Accounting Office has identified a number of different agencies that hold jurisdiction over identity theft cases.25 While the Secret Service, given its mandate to investigate financial crimes and fraud cases, is often the most active agency vis-à-vis identity theft, a handful of other agencies are very active as well. The Social Security Administration investigates cases of fraud involving social security numbers. The Internal Revenue Service’s Criminal Investigation Division intercepts fraudulent tax returns, many that are based on false or stolen identities. The Federal Bureau of Investigation and the United States Postal Inspection Service also frequently encounter criminal cases involving identity theft as well. Fragmentation at the federal level of law enforcement has complicated data collection on identity theft given that missions and data recording standards differ across these agencies, and the lack of a coordinated approach led to little being found to serve as best practices for investigating identity theft perpetrated by Asian gangs. The same structures and resulting problems are found at the other levels of law enforcement. Since local and state agencies are oftentimes the places where victims of identity theft first turn, local and state agencies are charged with the responsibility of opening identity theft investigations and, significantly, are the first authorities that can address the concerns and fears of victims. A number of states like Virginia and Florida have created task forces to study the problem of identity theft in the context of their own states, focusing on the need for state-level legislation and state and/or local law enforcement requirements to meet the growing impact of identity theft. Florida, for example, has empanelled a special grand jury to hear identity theft cases, and has teamed the grand jury with the Florida Department of Law Enforcement to track and manage cases in Florida.26 As of the end of 2001, only 3 states had laws on the book criminalizing ID theft, though almost every state had done so by the end of January 2003 (see Attachment A for a list of state laws). Many reports also note the role that the private sector has in fighting identity theft. The three major credit reporting agencies (CRAs)—Trans Union, Experian and Equifax— issue reports and evaluations of credit to creditors, and therefore are critical stakeholders in any effort to address the problem. Likewise, since most criminals use stolen identities to obtain fraudulent lines of credit, banks and other creditors are oftentimes victimized by financial frauds predicated on identity theft. In fact, the major credit card companies— Visa, Mastercard, and American Express—all have become more proactive in their attempts to halt the granting of credit based on stolen identities before it occurs. Provident Bank in Baltimore, for example, began to run credit checks on those trying to 25 US General Accounting Office, Identity Theft: Prevalence and Cost Appear to be Growing (Washington, DC: US Government Printing Office), March 2002. Report GAO-02-363. 26 Thomas A. Sadaka. 2001, Nov 8. Preventing Identity Theft by Terrorists and Criminals, Testimony for the US House Committees on Financial Services and on Ways and Means., pp.30-2. 78 Home Invasions and Identity Theft 22 April 2004 open accounts via the Internet or over the phone (i.e. instances when the checking of identities in person is not done) in order to intercept cases of identity takeover.27 Reflecting the increasing attention that the private sector is giving to identity theft, the American Banking Association, a large trade sector group, has created an entire program to promote solutions to identity theft that the private sector can adopt. The leading response to identity theft from the private sector, however, has been one of risk reduction. Banks and other financial institutions have largely accepted the losses incurred from financial frauds predicated on identity theft as part of doing business. The private sector therefore vastly under-reports the incidents of identity theft that they encounter, thus further depleting the data pool of known cases. As the rapid increase of state laws attests, a marked increase in cases of identity theft has occurred over the past decade. A landmark GAO study cited a 16 fold increase in the number of calls to the fraud department of the Trans Union credit reporting agency (CRA) between 1992 and 1997 as supporting the conclusion that identity theft was on the rise.28 The same report noted that Secret Service arrests for cases involving identity fraud were 8806 in 1995, 8686 for 1996, and 9455 for 1997. In fact, the GAO noted that over 93% of the arrests the Financial Services Division of the Secret Service made were tied to identity theft. Another GAO report noted that the FTC’s Identity Theft Data Clearinghouse, established in late 1999, had received a staggering 94,100 cases: rising from 445 calls per week in November 1999 to over 3000 calls per week in December 2001.29 Some difficulties arise, however, in trying to measure the incidents of identity theft, particularly since agencies have traditionally viewed it as a part of other criminal acts and thus not a quantifiable crime unto itself. All in all, the majority of experts in the field feel that identity theft is a significant, if not growing, problem for law enforcement. What is driving this increase? Likely the primary reason is the ease with which criminals can obtain identification documents. In short, the Social Security Number (SSN) serves as a de facto primary identification number for Americans, but the legal framework to protect the SSN as a primary identifier is not in place. For example, as there is no law prohibiting the use of SSNs outside of the social security system, SSNs are oftentimes used as identifiers for college students, drivers’ licenses, utility bills, military IDs, medical practices, and a host of other uses. Most significantly, the SSN is the primary piece of information required for most all credit and financial transactions in the United States. The proliferation of usage overall, which makes the SSN more readily available to thieves, coupled with the consolidation of SSN usage in the financial arena, is likely the primary driver for identity theft in the United States. Another significant factor is the practice of the financial sector itself. The liberalization of banking and credit rules in the United States has led to a proliferation of credit cards, 27 Lynne Sanders. 2001, May/June. “Stopping ID Theft in its Tracks,” ABA Bank Compliance, pp. 35-7. See http://www.aba.com/NR/rdonlyres/000055b7seplchdjuorvjekw/Resource9993.pdf. 28 US General Accounting Office. 1998, May. Identity Fraud: Information on Prevalence, Cost, and Internet Impact is Limited. Report No. GCD-98-100BR. 29 US General Accounting Office. 2002, March. Identity Theft: Prevalence and Cost Appear to be Growing. Report No. GAO-02-363. 79 Home Invasions and Identity Theft 22 April 2004 banking accounts, and lending mechanisms that all compete with one-another. Furthermore, banks are now allowed to compete for business across the United States, whereas older rules limited them to states where they had a physical presence. All this has led to a frantic increase in competition amongst lenders and creditors that, in turn, has created ever more opportunities for identity theft. Think of how many instant-access, pre-approved credit card, mortgage and home equity offers you receive in an average week—each of these serves as a potential opening for identity thieves. Related is the proliferation of accounts and credit lines that consumers can now activate through Internet and electronic banking, avoiding physical contact altogether. All this has reduced the common checking of identification for credit and banking access to minimal standards that are fueling an increase of skilled operators ready to take advantage. Finally, some experts hold to a common-heard complaint—that white collar and financial crimes do not receive the attention they deserve from law enforcement and/or the court system. Beth Givens noted that “law enforcement resources are not yet sufficient to investigate the majority of such crimes,” and that “penalties are minimal and rarely include jail time. Community service and parole are the usual sentences.”30 Such low risk of apprehension and such lenient sentencing, if still true, would create a risk and reward matrix that greatly enhances the attractiveness of identity theft amongst criminals—including organized crime. The methods of stealing one’s identity are fairly straightforward. One set of methods centers on mail and credit clips. Identity thieves can root through trash for unopened credit applications, credit card slips, bank records, or other documents that have identifying information on it. Garbage bins are targeted both at residences and at businesses, which often do not shred their receipts and copies of credit slips. Mail theft remains a problem, with identity thieves stealing personal mail from unsecured boxes for records and identifying information. Finally, identity thieves also will sometimes contact creditors or use USPS mail forms to change the mailing address of utility bills, credit card statements, and even bank statements to an address under their control and thus obtain another’s records. Another set of methods identity thieves use center on the use of theft or deception to obtain identity-related information. Trans Union, a major CRA, sites unauthorized insider access and theft of records containing SSNs and other identifiers as the primary method for identity theft.31 Another method was recently brought to light in a bulletin from the Office of the Controller of the Currency, which noted that organized crime and gangs were increasingly recruiting or seeking to place tellers into banks in order to obtain identifiers from customers when they visited the bank branches.32 Identity thieves have also been known to target third parties, such as cleaning staff or contractors working with credit agencies, in order to access insider records. Finally, numerous reports have 30 Givens, 2000, p.3. Stephanie Armour, 2003, Jan 1. “Employment Records Prove Ripe Source for Identity Theft,” USA Today. See http://www.usatoday.com/money/workplace/2003-01-23-idtheft-cover_x.htm. 32 OCC Alert 2002-4. 2002, April 25. “Identity Theft: Organized Gang and Teller Collusion Schemes.” See http://www.occ.treas.gov/ftp/alert/2002-4.txt. 31 80 Home Invasions and Identity Theft 22 April 2004 surfaced recently of thieves using store clerks to double swipe credit cards, once through the store’s machine and the second time through a reader attached to a laptop or palmtop computer, to collect credit card and other information for later criminal use. Finally, there are online and even more novel methods for obtaining identification information. Supporting the oft-spoken dictum that the Internet is not a mystical place where almost anything can happen, online schemes closely mimic the methods identified above. Hackers can break into the records databases of companies to steal files, or use insiders to provide them legitimate access codes for the same end. Thieves have recently begun to use online job sites to collect resumes and other personal identification information from unsuspecting job-seekers who think they are applying for legitimate positions—a practice that prompted one of the largest online job sites, monster.com, to email millions of its customers and warn of the practice.33 Finally, some thieves have managed to obtain credit reports online and post or sell the SSNs. In the end, what this brief overview of identity theft revealed to the project team was that the data set for identity theft in general was poor at best and not likely to support rigorous, validated findings. The lack of consensus on a definition of identity theft amongst experts, much less among the numerous Federal, state and local law enforcement and prosecutorial agencies handling such cases, made data collection difficult and reconciliation of data even more so. Further, it became clear that, as the following section details in more depth, the differing mission statements of these agencies led to little data on the role that Asian gangs might play in conducting identity theft. Hence, the report largely relies on more anecdotal data sets that, when coupled to the interviews with experts in the fields of gang and identity theft investigation, led to educated inferences on the implications on the hypotheses defined below. 10 Hypotheses and Findings Using the data collection and interviews from the project, the team settled on three hypotheses to address Orange County’s concerns. First, that identity theft is evolving as a mainstream criminal enterprise for both organized crime and Asian criminal enterprises (ACEs), but not as much for occidental and Asian street gangs. Second, ACEs are the organizations of the three aforementioned that most frequently engage in identity theft. Finally that, like other trends, the gang involvement in identity theft began in California and is now a “business model” being exported to other parts of the United States. Each of these hypotheses is outlined further and data, either supporting or falsifying them, is provided. 10.1 Identity Theft and Organized Criminality The first hypothesis is likely the most straightforward to evaluate so long as it is clear that the objects of comparison are clear. Organized crime, for example, is an often cited phenomenon by criminologists, law enforcement professionals, international organizations, academic scholars, and numerous other entities. For each entity, scholar, 33 Associated Press. 2003, Feb 27. “Monster.com Warns of Identity Theft,” Wired. See http://www.wired.com/news/business/0,1367,57852,00.html. 81 Home Invasions and Identity Theft 22 April 2004 and professional that studies or “works” organized crime, there is a definition that in some way shape or form is contradictory to other definitions.34 From this wide range of definitions, the study selected a broader definition that set organized crime apart from the other types of organized criminality examined in this study—street gangs and ACEs. For this study, then, organized crime groups are defined as “a continuing criminal enterprise that works to profit from illicit activities that are in great public demand … through the use of force, threats, and/or the corruption of public officials,”35 While most often associated with smuggling, extortion and vice rackets, organized crime is increasingly adapting to more white collar crime models. Identity theft is fast becoming the lynchpin in this strategy. In Arizona, an Afghan crime group utilized local drug users as fronts to open lines of credit in others’ names and steal close to $100,000 a month.36 In Las Vegas, a Federal task force shut down a Romanian crime syndicate using stolen credit cards to defraud ATMs and casino cashiers—some $18,000 in one 90 minute span.37 Finally, there was a recent report that outlined how international organized crime groups recruiting individuals working in local braches of global financial institutions to obtain access to lines of credit, identities, and other financial information. While the corruption of insiders is a common tactic of criminal organizations, what made the latter report unique was that the groups combined fronts like religious and social organizations with the recent rise of anti-American sentiment as the “hook” to recruit like-minded individuals in such countries as Indonesia, Pakistan, and the Middle East who then became the providers of identity information.38 Traditional gangs, on the other hand, have not rushed into identity theft in large numbers. The definition of a street gang is nearly as contentious as the one for organized crime. The team found that one of the better definitions for the purpose of this paper was the one belonging to Jean Moore, who stated a gang is: An unsupervised peer groups who are socialized by the streets rather than by conventional institutions. They define themselves as a gang or "set" or some such term, and have the capacity to reproduce themselves, usually within a specific neighborhood.39 34 For an interesting analysis of definitions of organized crime, see Klaus von Lampe’s collection of definitions at http://people.freenet.de/kvlampe/OCDEF1.htm. 35 Jay Albanese. 1989. Organized Crime in America, Cincinnati: Anderson. Pp. 4-5. 36 Ed Baker. 2002, June 16. “Afghan Crime Ring May Have Used ID Theft to Swindle Arizona Banks,” East Valley Tribune. 37 John Smith. 2002, Feb 19. “Credit Card Scheme Paints Modern Picture of Mob Operations,” Las Vegas Review-Journal. Page B1. 38 Andrew Conry-Murray. 2003, May 1. “Criminal Syndicates Use Anti-Americanism to Recruit Data Thieves.” Network Magazine. Page 20. 39 Jean Moore. 1998. “Understanding Youth Gangs: Economic Restructuring and the Urban Underclass.” In Meredith Watts (ed.). Cross-Cultural Perspectives on Youth and Violence. Stamford: JAI Press. Page 67. 82 Home Invasions and Identity Theft 22 April 2004 Gang experts the team spoke with repeatedly stressed that turf and loyalty, the latter often based through common culture or ethnicity, are the defining essence of these gangs, and serves as the major difference between gangs and organized crime—the latter is more focused on illicit profits and economic gain. But the research team learned that the term street gang remained too abstract for the purposes of this study, especially given the need to focus on Asian gangs. The research team found that the dichotomy of occidental versus Asian street gang worked best for this project. Occidental is a term that Californian and other law enforcement personnel use to describe those gangs that are not Asian in original, while the latter refer to street gangs drawn primarily from the émigré communities from Southeast Asian countries and Korea, but also including some Japanese and Chinese gangs. As a veteran gang investigator for a local police department in Orange County outlined, significant differences exist between occidental and Asian street gangs: • Education: Asian gang members display higher levels of education and tend to not only remain in school but excel, while members of occidental gangs rarely remain in school or attain levels of education beyond basic high school level. • Mobility: Asian gangs are more often mobile and not connected to specific turf, while occidental gangs are tied to the notion of controlling specific areas of metropolitan areas. • Media Savvy: Asian gangs often emulate what they see in the media and seek to engage the media. • Identity: Asian gangs are more embedded in communal and familial norms and see respect or “face” as a foundational concept, while occidental gangs are more closely tied to their struggle to retain their turf. • Public Persona: Asian gangs eschew the overt baggy and clothing, colors, and other identifiers found in occidental gangs for more subtle forms of gang identification.40 • Organization: Asian and occidental gangs share a single leader structure, but Asian gangs have a much more fluid leadership structure that can change depending on the type of activity they will engage in. Occidental gangs have a much more structured and inflexible organizational hierarchy, while Asian gangs have a fluid and less structured organizational network. In the end, these and other differences, such as the role of graffiti, led the team to take the step of separating occidental and Asian street gangs as separate foci of analysis. 40 In fact, the investigator noted, Asian gang members often seek to fool police while “flying colors” as a way of “gaining face” or respect from their other gang members. 83 Home Invasions and Identity Theft 22 April 2004 While organized crime is oftentimes linked to identity theft for financial fraud, neither the interviews conducted nor the survey of media and other sources revealed few instances of ties between street gangs and identity theft. Law enforcement and other experts have noted links between occidental street gangs and identity theft in Salt Lake City, Los Angeles, New York, and other major cities.41 For example a United States District Attorney in New York City indicted the leaders and numerous members of a BloodBloodette gang that, among other crimes, earned thousands of dollars monthly from an identity theft scheme.42 In another case, gangs purchased identities that an employee of Teledata had stolen using unauthorized access to the computer systems of various clients of the company, including the major CRAs, Ford Motor Credit, Washington Mutual, and Dollar Bank.43 Some evidence of street gang involvement in identity theft was found outside of the United States. The Criminal Intelligence Service Canada’s 2003 Annual Report on Organized Crime noted that street gangs were becoming increasingly involved in “counterfeit check and debit card fraud, primarily in the lower-level activities of stealing personal identification numbers (PINs) and card skimming. It is also known that some gangs are promoting themselves through websites and have members who have specialized computer knowledge which could facilitate criminal activities.”44 The fact that such trends were clearly identified in Canada might arise from a looser or more inclusive definition of “gangs,” but it raises the issue of whether it is just a matter of time before gangs turn their technical abilities to the conduct of criminal acts more serious than downloading music or copying movies. The lack of frequency with which of street gangs, either occidental or Asian, engaging in identity theft for financial fraud reinforced the separation between formal organized crime groups and street gangs as objects of investigation. What is more, the interviews revealed that investigators were oftentimes surprised that they had not seen identity theft by Asian gangs, while they held no such sentiment for occidental street gangs. Such sentiment was often rooted in the sophistication, savvy, and business-like nature of the Asian street gang, further supporting the split between occidental and Asian gangs as objects for analysis. Seeking validation or confirmation of this conclusion, the team asked experienced Asian gang investigators in Philadelphia and Fairfax County (VA) to account for the lack of cases. The interviewees often cited the lack of sophistication among gang members as the main reason for not seeing evidence of gang involvement in identity theft. The lack 41 Matt Canham. 2002, Sep 1. “Gangbangers Going Underground: Crooks, Cops Grow More Sophisticated in Their Methods,” The Salt Lake Tribune, p. B1; Darrel Giles. 2001, May 16. “Clean Cut but Still Cut Throat,” Herald Sun (Melbourne), p. 37. 42 Robert Gearty and Bill Hutchinson. 2001, May 9. “Sweeping up Street Gang, Feds Indict 15 Bloods, Bloodettes in E. Coast Crime Spree,” The New York Daily News, p. 3. 43 Steven Marlin. 2003, Jan 1. “Busted ID Theft Ring Part of a Growing Epidemic,” Bank Systems and Technology, p. 8. 44 Report available at http://www.cisc.gc.ca/AnnualReport2003/Cisc2003/gang2003.html. 84 Home Invasions and Identity Theft 22 April 2004 of technical sophistication in occidental gangs was clearly the major explanatory factor for their lack of involvement in identity theft, but investigators also noted that Asian gangs tended to focus on computers and other technologies as forms of entertainment or communication rather than as a criminal outlet. Interviewees and other professionals also stated that the gangs focus on less sophisticated criminal activities like robbery, extortion, and narcotics trafficking also represented an explanatory factor. As one investigator from Orange County noted, street gangs focused on more traditional forms of crime, while white collar crimes (including identity theft) remained the purview of more organized forms of criminal syndicates. The fact that such crimes have a long standing in gang activity suggests that street gangs are more atavistic than innovative, but the study did not reveal enough evidence to evaluate this side hypothesis. Finally, the investigator from Philadelphia cited two obvious but overlooked potential reasons for the lack of evidence. First, given that Asian street gangs would target the Asian communities of metropolitan areas for identity theft and financial fraud schemes, it was possible that the inability of these victims to obtain credit could serve as a deterrent. Second, given the extreme reluctance of those in the Asian community to report crime, it was likely that crimes such as these could occur with being reported to the police. 10.2 Asian Criminal Enterprises and Identity Theft Bridging the gap between street gangs are what are becoming more commonly referred to as Asian Criminal Enterprises (ACEs)—the final object of investigation for the study. While not a true bridge between organized crime and Asian (or occidental, for that matter) street gangs, ACEs serve a niche as a blended form of organized crime. The FBI defines an ACE as: A continuing criminal enterprise, motivated by profit. Criminally diverse, the members engage in a variety of hi-tech organized criminal activities. They are multi-jurisdictional and/or international in nature. They engage in a pattern of racketeering activities, which usually focus on one type of highly profitable criminal activity while committing other ancillary crimes to further the enterprise and/or for personal gain. The enterprise is often comprised of a network of highly mobile, diverse and loosely linked criminal cells. The lack of structured hierarchy and membership with many of these ACEs creates a challenge for law enforcement ACEs draw the crème de la crème of gangs across the Asian ethnic spectrum in order to operate sophisticated, oftentimes “white collar” criminal rackets. As one investigator from Orange County noted, some street gang members entering their late teens who likely had years of experience in a gang oftentimes become restless and wish to “graduate” to more sophisticated forms of crime—that is, white collar and organized crime. The ACEs, in the opinion of this investigator, serve as a training ground for the skilled and talented members of this criminal class. 85 Home Invasions and Identity Theft 22 April 2004 The ACE lies between organized crime and street gangs. According to the same Orange County investigator, an ACE will draw its members from different gangs, but it transcends their individual gangs. As an example, the investigator noted one recent case where an ACE had members from four different Asian street gangs, two of which were heated rivals. If ACEs transcend and thus are distinct from street gangs, they fail to rise to the longevity and continuity found within organized crime groups. For example, ACEs have not adopted the names or the structures of organized crime groups. Furthermore, as the definition from the prior paragraph notes, ACEs tend to organize themselves around criminal enterprises, making them more dynamic and fluid organizations than organized crime. It is this flexibility, however, that makes them so difficult to identify and interdict. The FBI has identified ACEs in over 50 metropolitan areas of the country, with major activity found in such cities as Boston, Chicago, Las Vegas, Los Angeles, New York, Newark, Philadelphia, Washington DC, and Seattle. Dr. Ning-Ning Mahlmann, an expert on ACEs with the FBI, states the wide range of criminal activities ACEs engage in include those both national and international in scope—smuggling, fraud, theft and intellectual property piracy.45 The skill sets that ACEs possess act gravitate them to identity theft, and make them much more prevalent perpetrators of identity-theft related crimes than street gangs. The educational prowess, technological savvy, and businesslike appearance and approach of ACEs leave them well positioned to engage in identity theft, a fact that investigators across the country have discovered. While the evidence did not surface to allow a comparison between organized crime and ACEs, it is clear that ACEs, not Asian street gangs, should serve as the focus of gangs investigators looking for identity theft cases. 10.3 The Migration of Gang-Related Identity Theft Turning to the final hypothesis, there is evidence that demonstrates that criminal enterprises located outside California above the street gang engaging in identity theft. For example, police in New York City broke up a gang of identity thieves working for the Genovese crime family that paid employees of local stores to steal identifying information from customers for the gang.46 Likewise, police in Las Vegas arrested a Romanian crime cell that was stealing credit cards and using other identification data to quickly generate numerous credit applications in rented hotel rooms jammed with computer equipment, fax machines, and printers.47 Yet another article describes a group that stole mail from boxes in Portland, Oregon, and then used the basic information in the mail to order complete reports on the victims online, which included SSNs and addresses, to generate a massive identity theft scheme.48 Finally, a Nigerian crime group in Chicago 45 Ning-Ning Mahlmann, “Asian Criminal Enterprise Program Overview: A Study of Current FBI Asian Criminal Enterprise Investigations in the US,” available at http://usinfo.state.gov/regional/ea/chinaaliens/ningning.htm 46 Melissa Grace. 2003, Jan 4. “Mob-Tied Gang Wiped Credit Card Ids,” The New York Daily News, p. 5. 47 John L. Smith. 2002, Feb 19. “Credit-card Scheme Paints Modern Picture of Mob Operations,” Las Vegas Review-Journal, p. 1B. 48 Robert O’Harrow, Jr. 2001, May 31. “Identity Thieves Thrive in Information Age,” The Washington Post, p. A1. 86 Home Invasions and Identity Theft 22 April 2004 used 2300 names stolen from blood donor lists over one year, combined with identities they purchased on the Internet, to fuel a massive identity theft ring that the Secret Service disrupted.49 The Secret Service also supported this claim. During an interview with a Secret Service Agent overseeing financial crimes investigation, the investigator noted that Asian organized crime was heavily involved in “skimming,” the practice of using a device attached to a laptop or palmtop computer to obtain credit card information being swiped at a commercial establishment’s checkout. The investigator stated there was a strong likelihood of Asian organized crime recruiting gang members to carry out these skimming schemes, but failed to confirm it beyond a suspicion. The involvement of organized crime also spans the international and transnational realm. In the United Kingdom, numerous reports link East African, primarily Nigerian, crime groups and identity theft. The National Criminal Intelligence Service (NCIS), the UK’s central monitoring center for organized crime, recently reported that these groups are seeking to infiltrate calling centers and banks to, among other things, harvest identities for future fraud schemes.50 Another report noted that the FBI’s Bank Fraud Task Force had identified an Afghan crime ring engaging in systematic identity theft and bank fraud in Arizona.51 Finally, the same report, and recent testimony before Congress cited earlier, sees terrorist organizations engaging in identity theft to raise funds for their own ends. The conclusion from this anecdotal evidence is that organized crime is recognizing the criminal rewards that they can obtain from identity theft have begun to adopt this as another form of generating profits. The same did not hold true, however, for street gangs. While Orange County investigators noted cases in Texas, Minnesota, and Nevada, interviews with gang and economic crime investigators in three major East Coast metropolitan areas revealed no cases. A senior Detective on the Gang Squad of Fairfax County (VA) revealed that they had no cases where Asian gangs (a significant issue in this culturally diverse county) had engaged in identity theft. Interviews with the Miami gang enforcement unit and an experienced Philadelphia Police Asian gang expert yielded no identity theft-related cases involving street gangs, occidental or Asian. Finally, an interview with the Secret Service’s Financial Crime Division failed to locate any cases at the Federal level involving street gangs. What this suggests is that the spread of the phenomenon in question is less systematic than ad hoc—a fact that has significant ramifications for the way law enforcement approaches the problem. However, it can also call into question that data that has been thus far collected on the phenomenon. The interviews identified some data collection 49 Agence France Presse. 2001, July 7. “Nigerian Suspects Used Blood Donor Lists in Identity Fraud Racket.” 50 Robert Watts. 2003, March 9. “Don’t Pay the Price of Identity Fraud,” Sunday Telegraph (London), p. 3. 51 Ed Baker. 2002, June 16. “Afghan Crime Ring May Have Used ID Theft to Swindle Arizona Banks,” East Valley Tribune. 87 Home Invasions and Identity Theft 22 April 2004 issues that the investigators will have to resolve. The Fairfax County Detective noted that their gang reports and records did not track identity theft as a specific item, and thus searching their records would prove useless. Likewise, one Secret Service Agent noted that the Federal Trade Commission’s database of identity theft cases, part of the larger Sentinel data storing house, also did not contain information on gang or organized crime involvement in identity theft. Finally, the officer in Miami stated that any cases involving identity theft would likely be handled by their economic crimes branch and not in the gang enforcement unit. As such, the investigators will have to rely more on personal interviews and recollections from case notes in order to collect data for the final report. 11 Conclusions and Recommendations In conclusion, the study was able to make strides in evaluating the role of Asian gangs’ home invasions and identity theft. The interviews and data search revealed enough information to make informed evaluations, though the data was likely to substantial enough to confidently validate or refute the proposed findings. 11.1 Concerning Home Invasions As noted earlier, the lack of separate records for home invasions made data collection quite difficult. Ultimately, the researchers collected police reports from officers or investigators who worked on Asian gang crimes and identified cases of Asian home invasion robberies by exploring the personal knowledge of those individuals and crime analysts in their departments. Therefore, one of the first recommendations is that the data (nationwide) be coded specifically for “home invasion robbery” or for robbery occurring at a residential dwelling. Currently home invasions reports are not separated from general robbery reports at national, state, or local levels. Consistent record-keeping by municipalities and state governments would substantially facilitate the further research necessary on these topics. Gangs were common in Orange County in 1995 and were slowly spreading across the nation. As the gangs began to grow, and as their members went in and out of correctional institutions, they developed new methods of criminal activity, including home invasion. In addition, the Asian gangs were very mobile; some members traveled regularly from state to state to commit home invasion robberies. For example, some gangs traveled from Westminster’s Little Saigon to Houston or to Oklahoma, Louisiana, Washington, Oregon, Kansas and other states to commit home invasions that were set up by their criminal associates in those states. Law enforcement officers interviewed in California strongly believed that 1995 was the year in which home invasions were transformed from isolated incidents to a regular tool of gang members looking for fast money. Many of the law enforcement officers interviewed also believe that the lull in such crimes between 1995 and 2001 was due to the apprehension and imprisonment of a number of these “pioneers” of home invasions. Their co-conspirators who remained at large may have turned to lower risk white collar crimes that promised equal or greater gains. The fact that home invasion robberies received a lot of attention from law enforcement and 88 Home Invasions and Identity Theft 22 April 2004 the courts from 1995-2000, when first time offenders were receiving life sentences or lengthy youth authority commitments, may also have been a deterrent. The resurgence in home invasion robberies in 2001 could be a function of the release from prison and recidivism of the first generation criminals. Investigators interviewed in California believed that older, more sophisticated gangsters with prior convictions for armed residential robbery were teaching the younger gang members how to commit these crimes. Our research showed that although close to one-half of the suspects were 21-30 years old, one-quarter were twenty years old or younger. What we can learn from this is that law enforcement needs to work more closely with parole and probation officers and jail or prison officials to track convicted home invaders once they are released from jail on bail or probation, or are released from prison on parole. As we have learned from the past and from investigators, it appears that many of the home invasions in the later years (2001) were likely committed by skilled repeat offenders. If law enforcement officers closely monitor these subjects, they may prevent further crimes or connect the subjects to new crimes and return them to prison. The data collected from the police reports indicates gang involvement in 16 of the 55 cases or 29% of the cases. This is likely skewed due to the lack of arrests or identity of the offenders in many of the cases examined as police records indicate gang involvement was suspected in 71% of the cases. The police officers and investigators as well as the convicted offenders interviewed believe that a majority of home invasions are gangrelated, but indicate that the crimes are not necessarily committed by members of the same gang. Instead home invasions are carried out by bandit groups or “crews” made up of members from several affiliated gangs. This suggests that law enforcement officers, particular gang officers, need to keep up on current information on the street regarding gang affiliations and associations among gangs and share this information with robbery-homicide investigators and other officers investigating these crimes. It is also very important for officers and investigators to share gang intelligence and crime trend information with neighboring jurisdictions by developing informal or formal gang or robbery associations. Officers attending these association meetings should be forthcoming with information and provide as many details as possible on crimes occurring within their jurisdictions, as Asian gang members are extremely mobile and commit crimes across city, county and state lines. The fact that most crimes occurred on Thursdays and Fridays (and Mondays in California) suggests that suspects are committing the crimes to get money for weekend spending sprees. Therefore it may be important for patrol officers to more heavily patrol neighborhoods, particularly those with a large Asian population, on these days. Forced entry into the home was common in California and ruse to gain entry was common in Virginia. The front door was the most common entry point in forty-five (45%) of the total cases with the back door being the next most common in twenty-one (21%) of the cases. Suspects entered the front door in Orange County, California one 89 Home Invasions and Identity Theft 22 April 2004 third or thirty-three percent (33%) of the time, and in all but one case suspects entered via the front door in northern Virginia by way of ruse. Alarm systems were not usually a factor and were reported in only four cases or seven percent (7%) of the cases. This low number of alarm systems in the victim’s homes suggests that alarm systems may serve as a deterrent, as would not opening the door to strangers. These broad trends should be conveyed to citizens and to neighborhood groups to help them protect themselves from home invasion robberies. The public may also benefit from the knowledge that victims who resisted home invaders were commonly injured and often required emergency medical care. Law enforcement officers and offenders frequently stated that suspects carry weapons (handguns, knives, clubs) for intimidation and will use them if necessary to achieve their objectives. Under the circumstances, it seems appropriate for local law enforcement to educate would-be victims not to resist home invaders as it might likely lead to serious injury or death at the hands of the suspects. Needless to say, victims must ultimately make their own judgments and should resist or flee if they believe that their lives are in danger. The fact that suspects stole jewelry much more frequently in Orange County than northern Virginia suggests that Orange County victims may keep more jewelry in their homes, that home invaders may have better intelligence and select targets likely to have these items, or that Orange County suspects may have a better way to dispose of jewelry. Whatever is the case, public education to discourage keeping cash and expensive jewelry in the home and to discourage the display or discussion of these items could help citizens to avoid becoming victims. There seems to be a strong need for local law enforcement to reach out to the Asian community and educate members of the community in how to better protect their homes. This could include offering possible “helpful hints” in pamphlets or leaflets and holding department or community seminars where these safety concerns are addressed. A vast majority of the cases involved two, three or four suspects with the most common having three to four suspects involved. Suspects used guns of one kind or another in eighty-nine (89%) of the home invasions. Suspects occasionally combined guns with other weapons (knives, clubs) and seemed to prefer semi-automatic handguns, although the type of gun used was not always identified. These data are consistent with interviews with investigators and convicted offenders. Accordingly, law enforcement officers should be prepared to confront suspects armed with high velocity firearms and should use extreme caution when approaching a scene of a possible home invasion in progress or an incomplete 911 (emergency) call from a residence. Suspects used bindings of various types in nearly one half of the cases examined. Suspects who bound victims had a clear preference for cords (electrical, phone, extension). Zip ties were used in twenty-three (23%) of the cases, and duct tape was used in nineteen percent (19%) of the cases. Therefore officers investigating cases need to collect any cords, zip ties, or duct tape used by the suspects to bind the victims as these items of evidence may likely contain fingerprints, DNA or can be forensically connected 90 Home Invasions and Identity Theft 22 April 2004 to other evidence that may be later found at a suspect’s residence or in his vehicle. Additionally, patrol officers need to be trained to look for or recognize these items when conducting vehicle stops and further their investigation into what other types of evidence or weapons may be present. Masks and gloves worn by suspects, to complicate identity and prosecution efforts, were fairly common. Masks were worn by one or more suspects in fifty-six percent (56%) of the cases. Suspects wore gloves in thirty-six percent (36%) of the cases. Suspects wore masks and gloves more frequently in Orange County, which suggests to the researchers that suspects in California are more sophisticated and possibly more experienced. The number of suspects who employ masks in California far exceeds the number of suspects who use them in the Virginia area. In California the groups tend either to wear masks or not as a group, whereas the lower figures in Virginia suggest that one member of a particular group may use a mask but most do not. Not only does this suggest that the California criminal may be more experienced or sophisticated, but if a suspect employs the use of a mask, based on common sense, and the law enforcement and offender interviews, he is most probably a local resident and is doing what he can to conceal his identity to protect him from future capture. The suspects in Virginia may either be less sophisticated, or may have come from jurisdictions outside the area where they may be less concerned with someone recognizing them. Suspects unfortunately are well aware that most police departments, city by city or state by state, do not readily share information on criminals or crimes. The shorter duration of crimes in northern Virginia suggests that suspects there may be less confident in their abilities than their sophisticated and experienced counterparts in Orange County or that they may be more concerned about the victims being able to identify them the longer they remain at the scene because they use masks and gloves less frequently. It is also possible that the communities, the number of police in the area, or number of potential witnesses may play a part in the timeline of the robberies. Over one third of the home invasions were disrupted for one reason or another; witnesses noticing, victim’s resistance, police arrival, victim’s ability to call 911, etc. Of this number, more than one third were disrupted by the arrival of police officers. This raises a couple of questions: should officers respond within close proximity of the location to scare off the invaders and cause them to stop their robbery attempts, or should they carefully advance on the location and surprise the suspects inside? As a police officer, the lead researcher would suggest the latter course, as surprise increases officer safety. Once a house is surrounded, officers could start negotiations with the suspects and alert the area SWAT Team. Suspects trapped inside may attempt to use the victims as hostages, but this is likely less dangerous to victims than an immediate confrontation with suspects who have had time to prepare. Officers in Virginia appear to recover less evidence, despite the fact that they usually sent more officers to the scene and that suspects in those jurisdictions wear gloves less frequently than their counterparts in the Orange County cases. This may be due to lack of officer training in the area of proper evidence collection or unfamiliarity with home 91 Home Invasions and Identity Theft 22 April 2004 invasions, which were clearly less common. Also, Orange County officers on a whole collect their own fingerprints at the scene, whereas other departments may send out forensic teams at a later time. If evidence is not collected expeditiously, it may be lost due to the victims cleaning up the crime scene, or discarding or handling anything the suspects may have touched thus contaminating the evidence. Therefore, it is paramount that officers in all jurisdictions that are faced with like crimes be adequately trained to preserve and collect evidence at these scenes. The higher arrest rate in northern Virginia may be due to several factors. Northern Virginia’s Vietnamese and broader Asian communities are somewhat smaller and may be more widely dispersed than those in California, which reduces the pool from which suspects must be identified. In addition, more suspects in Orange County wear masks and gloves to conceal their identity. At the same time, more police officers and canine teams are sent to the scene of robberies in northern Virginia, which may allow those departments to saturate the area more quickly and apprehend suspects before they are able to escape. Further study of the relationship between these variables and how they may affect the difference in arrest rates—for example, through obtaining the time elapsed between the crime and the arrest—would be useful. Examining conviction rates would be constructive as well. In Orange County there are fewer arrests, but more evidence is collected at scenes. Evidence is crucial at trial to aid in successful prosecution of offenders. Many past victims of Asian-on-Asian related crime have failed to report victimization by the criminal element due to distrust of police, unfamiliarity with the justice system, fear of retaliation or other reasons. Some victims of home invasions, in particular persons involved in illegal activities (drug dealers, bookies, pimps), are not likely to report their victimization to the police. Yet we have seen a recent increase in the reporting of these crimes. This study could not track the number of unreported crimes, but of those reported here, ninety-four percent of the cases were brought to police attention within an hour of the robbery. Further police/community interaction needs to be developed and education provided to Asian families on how to respond if one is a victim of a robbery, both toward the suspects during the crime or later when reporting the incident to police. It is also important to explain the courtroom process involved and to follow-up with victims and keep them informed of the proceedings to insure that they are not threatened or intimidated by the suspects, their partners, or fellow gang members. The victims should be assured that police officers are concerned for their safety and well-being, pressed to report any threats or intimidation, and shown that such reports are handled expeditiously. One of the most important factors discovered in the interview process with the police and offenders was that Neighborhood Watch programs were hailed as a key factor in deterring would-be home invaders. Therefore, it is of special importance for law enforcement authorities to develop a close relationship with the community and to promote the creation of Neighborhood Watch programs within residential neighborhoods. Neighborhood Watch programs mean nothing more than neighbors knowing and looking 92 Home Invasions and Identity Theft 22 April 2004 out for one another. If residents know their neighbors, they will know if something is amiss when a stranger or group of strangers appears at the neighbor’s residence. 11.2 Concerning Identity Theft The hypotheses showed that there is sufficient merit for gang investigators to have concern about Asian street gangs engaging in identity theft. The combination of the extreme fiscal and emotional harm that identity theft incurs with the ability of Asian street gangs to systematize criminal enterprises more than warrants increased attention to this phenomenon. 11.2.1 Data Collection Concerns and Issues During the course of the investigation, the research team encountered some problems collecting data on instances of identity theft and Asian gangs. Aside from the issues related to the integrity and structure of the data set addressed above, one of the most vexing problems that arose in collecting data was the stovepiped nature of law enforcement agencies. For example, the distinction between organized crime, ACEs, Asian and occidental street gangs might appear academic and semantic on its face, but it serves an important purpose for law enforcement. Large metropolitan law enforcement agencies most often segregate gang enforcement, organized crime, and community policing units from the main patrol body, and communication between these units was often characterized in the interviews as being poor at best. Likewise, many departments now contain a financial or economic crimes unit that will often claim jurisdiction over a number of crimes related to identity theft. Communications problems with these units are also common, according to those interviewed. In some of the interviews the team conducted, such organizational structures made it difficult for investigators to state with confidence if cases Asian gangs engaging in identity theft existed in their agencies. Media sources and even official reports are suspect due to their tendency to use “organized crime” and “gang” as interchangeable terms. Likewise, cases of Asian gangs engaging in identity theft are not always evident to investigators in one unit, as an informal survey of investigators the team spoke to revealed that members of gang, financial crime, community policing, major crimes, and other specialized units might handle the cases and not inform their fellow units that such cases exist. Such problems are compounded when the investigators fail or ignore the connection between identity theft and gangs, preferring instead to treat the incidents as either a gang-related crime or a financial crime. The other major limitation that the team encountered in the project was the lack of understanding about key terms. Identity theft in particular proved to be a problematic term. The team encountered the use of a far too broad definition of identity theft that incorporates document fraud and false identification, oftentimes combining this with a notion that identity theft is a crime unto itself. Other times, the team found that identity theft was used synonymously with the forms of fraud it supports, such as credit card fraud. Such confusion of terms could make it difficult to garner the true nature of Asian gangs engaging in identity theft. Likewise, while most investigators the team spoke to were knowledgeable of, and generally agreeable to, the differentiation between street 93 Home Invasions and Identity Theft 22 April 2004 gangs, ACEs, and organized crime, some noted that this nuanced understanding was not the accepted norm, leading again to the likelihood that some instances were miscategorized. 11.2.2 Lessons Learned and Suggestions for Further Study The evidence the team uncovered on Asian gangs engaging in identity theft for financial fraud, coupled with suggestions from those experts the team interviewed and a review of the data the team collected, led to four suggestions for investigators. First, the project revealed that the lack of communication between gang and financial investigators is a detriment in this field. As noted earlier, cases of gangs engaging in identity theft are often sent to one division within a department without the other divisions knowing of it. More problematic was that there was not always a clear jurisdictional arrangement, but rather a division would “catch” a case and investigate it. The bottom line is not, however, whether one division is better suited to investigate these crimes (that is an issue best left to the individual departments in the team’s opinion). Rather, it is a good practice that both financial crimes and gang investigators be made aware of investigations of such cases for trend analysis, case management, and intelligence production. In short, without knowledge of these cases, investigators cannot tie them to larger issues like gangs, organized crime, or organized identity theft rings. As part of this effort, the team would recommend the use of joint training to make gang, organized crime, and financial fraud investigators aware of the requirements of their fellow investigators have for such cases. Second is the need for training on identity theft and how it manifests itself. The discussions with investigators and financial fraud experts made it apparent that patrol officers and even investigators are often either unaware of what identity theft is or, worse, have misconceptions of the crime. An example of the latter is the confusion of identity fraud with document fraud, the latter being the creation of false immigration and other documentation. While sometimes related, significant differences exist between the two (see the primer) to warrant law enforcement officers having more nuanced definitions for the two. Furthermore, since each state has different laws concerning identity theft, officers should know the basics of identity theft, especially how it is defined in their state (or jurisdiction) and procedures for handling such cases. While identity theft is often misunderstood, there is growing recognition of the differences between occidental and Asian gangs, first, and second between Asian street gangs and Asian criminal enterprises. Investigators need to continue efforts to not only share the differences between these organizations, but more importantly to share the significant differences in approaching and investigating the activities of each group. That the study was able to identify some publications in law enforcement journals and magazines is an encouraging sign in this regard, as was the knowledge of the investigators that the team spoke with during the project. Continuing to bolster this understanding amongst fellow investigators will reap dividends later in the form of improved best practices. Finally, there is the issue of will and the desire to see identity theft cases through. Unfortunately, there exist a number of hurdles that hinder prosecutions of identity theft. 94 Home Invasions and Identity Theft 22 April 2004 Likely the largest is the failure of banks and financial lenders to seek redress in identity theft cases—they are often much more likely to either write off their losses or settle through an insurance claim. As creditors, a significant victim of identity theft, have failed to press through, it has led to identity theft sliding down on the list of priorities for law enforcement. Another failure is located within the law enforcement community itself, where investigators and District Attorneys often view identity theft as just another form of financial or “white collar” crime. Such attributions often make identity theft seem “victimless,” leading to what one identity theft expert termed a “no human involved” designation. Such tendencies leave the individual, the other significant victim of identity theft, feeling victimized and ignored. While no clear recommendation can solve this problem, the ties of identity theft to gangs, organized crime, and indeed terrorism might serve to elevate the desires of the banking sector, law enforcement and prosecutors to recognize the harmful nature of identity theft. 11.2.3 The RGET and Investigating Asian Gangs These recommendations support Orange County’s RGET approach to gang and identity theft investigations. The RGET is based on a multi-agency approach, and can easily (if it does not already) incorporate specialists in identity theft in order to pursue cases of Asian gangs engaging in identity theft. Close ties to the Orange County District Attorney’s office further serves as a platform for constructing the will to see such cases through. Third, it is clear that investigators in the RGET are some of the most knowledgeable when it comes to the differences between Asian gangs, occidental gangs, ACEs, and organized crime. Finally, the team’s discussions with RGET investigators demonstrated that they possessed at least a basic working knowledge of identity theft and how it operates. In the end, this project has settled the Orange County’s initial questions. Asian gangs are engaging in identity theft, though it has yet to take hold in East Coast metropolitan areas in the same way as it has on the West Coast. The team has also constructed a basic outline for supporting the approach the RGET takes to such cases. However, the team feels that this project serves as nothing more than a proof of concept, and urges Orange County to undertake further and more rigorous research to evaluate how Asian gangs are engaging in identity theft, the frequency with which these cases occur, the specific gangs perpetrating the crimes, and any links between the gangs and/or ACEs. Furthermore, the team feels that a wider and more sustained survey of metropolitan areas across the United States and Canada will deepen the knowledge of this realm as well as lead to more concrete and sustainable best practices. The team believes that the National Institute of Justice, the research branch of the United States Department of Justice, is likely the best source of funding for such a project, and that a team of experienced criminologists and investigators from both gang and financial crimes units would deliver the best results. 95 Appendix A: State Laws52 Alabama Alabama Code § 13A-8-190-201 Missouri Mo. Rev. Stat. § 570.223 Alaska Alaska Stat § 11.46.565 Montana Mon. Code Ann. § 45-6-332 Arizona Ariz. Rev. Stat. § 13-2008 Nebraska NE Rev. Stat. § 28-608 & 620 Arkansas Ark. Code Ann. § 5-37-227 Nevada Nev. Rev. State. § 205.463-465 California Cal. Penal Code § 530.5-8 New Hampshire N.H. Rev. Stat. Ann. § 638:26 Colorado Does not have an ID Theft law. New Jersey N.J. Stat. Ann. § 2C:21-17 CT Conn. Stat. § 53a-129a (criminal) New Mexico N.M. Stat. Ann. § 30-16-24.1 Delaware Del. Code Ann. Tit. II, § 854 New York NY CLS Penal § 190.77-190.84 DC Does not have an ID Theft law. North Carolina N.C. Gen. Stat. § 14-113.20-23 Florida Fla. Stat. Ann. § 817.568 North Dakota N.D.C.C. § 12.1-23-11 Georgia Ga. Code Ann. § 16-9-120-128 Ohio Ohio Rev. Cd Ann. § 2913.49 Hawaii HI Rev. Stat. § 708-839.6-8 Oklahoma Okla. Stat. tit. 21, § 1533.1 Idaho Idaho Code § 18-3126 Oregon Or. Rev. Stat. § 165.800 Illinois 720 Ill. Comp. Stat. 5/16 G Pennsylvania* 18 Pa. Cons. State § 4120 Indiana Ind. Code § 35-43-5-3.5 Rhode Island R.I. Gen. Laws § 11-49.1-1 Iowa Iowa Code § 715A.8 South Carolina S.C. Code Ann. § 16-13-500, 501 Kansas Kan. Stat. Ann. § 21-4018 South Dakota S.D. Cod. Laws § 22-30A-3.1. Kentucky Ky. Rev. Stat. Ann. § 514.160 Tennessee* TCA § 39-14-150 Louisiana La. Rev. Stat. Ann. § 14:67.16 Texas Tex. Penal Code § 32.51 Maine ME Rev. Stat. Ann. Tit. 17-A § 905-A Utah Code Ann. § 76-6-1101-1104 Maryland Md. Code Ann. Art. 27 § 231 Vermont Does not have an ID Theft law. Mass. Mass. Gen. Laws ch. 266, § 37E Virginia Va. Code Ann. § 18.2-186.3 Michigan Mich. Comp. Laws § 750.285 Washington Wash. Rev. Code § 9.35.020 Minnesota Minn. Stat. Ann. § 609.527 West Virginia W. Va. Code § 61-3-54 Mississippi Miss. Code Ann. § 97-19-85 Wisconsin Wis. Stat. § 943.201 Wyoming Wyo. Stat. Ann. § 6-3-901 52 Source: Federal Trade Commission website (http://www.consumer.gov/idtheft/statelaw.htm) Home Invasions and Identity Theft 22 April 2004 Interviews Conducted Home Invasion Team We would like to offer special thanks to the following experienced law enforcement officers and investigators who assisted in providing insight into this project. I would also like to thank the following civilian police employees for their assistance in gathering data for the project. Police Officers/Investigators Detective Peter Vi, Garden Grove, California Police Department Detective Michael Proctor, Westminster, California Police Department Detective Terry Selinske, Westminster, California Police Department Sergeant Marcus Frank, Westminster, California Police Department Officer David Tran, Irvine, California Police Department Detective Bergman, Fairfax County, Virginia Police Department Charles Cash, FBI Asian Organized Crime Unit, Houston Police Department Criminal Intelligence Analyst Peter Francisco, St. Petersburg, Florida Police Department Sergeant Edward Lancaster, Falls Church, Virginia Police Department Lieutenant William Noble, Fairfax County, Virginia Police Department Detective Rick Rodriquez, Arlington County, Virginia Police Department Anonymous, New York City, New York Police Department Civilian Police Employees Police Services Officer, Sue Reeds, Westminster Police Department Crime Analyst, Julie Romano, Westminster Police Department Crime Analyst Dean Montanye, Arlington County Police Department Identity Theft Team All interviews, conducted under agreement of non-disclosure, are listed below. United States Secret Service Agent, Federal Trade Commission, 14 April 2003 Investigator, Fairfax County (VA) Police Department, 15 April 2003 Representative, Federal Trade Commission SENTINEL Program, 17 April 2003 Former Detective, Anaheim Police Department, 20 October 2003 Sergeant, Westminster (CA) Police Department, 21 October 2003 Gang Investigator, City of Miami Police Department, 10 March 2004 Officer, Philadelphia Police Department, 15 March 2004 97 Home Invasions and Identity Theft 22 April 2004 Bibliography and Relevant Works Agence France Presse. “Nigerian Suspects Used Blood Donor Lists in Identity Fraud Racket.” 7 July 2001. Albanese, Jay. Organized Crime in America (Cincinnati: Anderson). 1989. Armour Stephanie. “Employment Records Prove Ripe Source for Identity Theft,” USA Today. 1 January 2003. See http://www.usatoday.com/money/workplace/200301-23-idtheft-cover_x.htm. Ashcroft, John. Remarks at Identity Theft Press Conference. Washington, DC. 2 May 2002. See http://www.usdoj.gov/ag/speeches/2002/050202agidtheftranscript.htm. Associated Press. “Monster.com Warns of Identity Theft,” Wired. 27 February 2003. See http://www.wired.com/news/business/0,1367,57852,00.html. “Attorney General Jerry Kilgore Announces Identity Theft Task Force: Group to Study and attack ‘Fastest Growing’ Consumer Crime.” Office of the Attorney General of the State of Virginia. 10 May 2002. See http://www.vaag.com. Baer, Debbi. Identity Theft: Stealing Your Name and Your Money. US Postal Inspection Service Law Enforcement Report. See http://www.usps.gov/websites/depart/inspect. Baker, Ed. “Afghan Crime Ring May Have Used ID Theft to Swindle Arizona Banks,” East Valley Tribune. 16 June 2002. Browning, Dan and Chris Graves. “The Identity Crisis.” Minneapolis-St. Paul Star Tribune. 10 February 2002. Canham, Matt. “Gangbangers Going Underground: Crooks, Cops Grow More Sophisticated in Their Methods,” The Salt Lake Tribune. 1 September 2002. Cassidy, William L., Nomadic Vietnamese Armed Robbery – The Fundamentals of Nomadic Vietnamese Residential Armed Robbery Investigation, An occasional paper of the International Association of Asian Crime Investigators, Beaumont, Texas 1991. Conry-Murray, Andrew. “Criminal Syndicates Use Anti-Americanism to Recruit Data Thieves.” Network Magazine. 1 May 2003. Davis, Patricia. “Better Records Make Alexandria Tops in Identity Theft.” Washington Post. 6 March 2003. 98 Home Invasions and Identity Theft 22 April 2004 Dunlap, Russel. Asian on Asian Crime – Home Invasion Robbery, unpublished paper presented by Sgt. Russel Dunlap Retired, of the Houston, Texas Police Department – Organized Crime Unit, not dated. “Gang Boss Could Get 80 Years.” New York Daily News. 21 April 2002. Gearty, Robert and Bill Hutchinson. “Sweeping up Street Gang, Feds Indict 15 Bloods, Bloodettes in E. Coast Crime Spree,” The New York Daily News. 9 May 2001. Giles, Darrell. “Clean Cut But Still Cut-Throat.” Melbourne (Australia) Herald Sun. 16 May 2001. Givens, Beth. Identity Theft: How it Happens, Its Impact on Victims, and Legislative Solutions, Written Testimony for the US Senate Judiciary Subcommittee on Technology, Terrorism and Government Information. 12 July 2000. See http://www.privacyrights.org/ar/id_theft.htm. Grace, Melissa. “Mob-Tied Gang Wiped Credit Card Ids,” The New York Daily News. 4 January 2003. Hoar, Sean. “Identity Theft: The Crime of the New Millennium.” United States Attorneys’ USA Bulletin. Vol. 49, no. 2. March 2001. Mahlmann, Ning-Ning. “Asian Criminal Enterprise Program Overview: A Study of Current FBI Asian Criminal Enterprise Investigations in the US,” available at http://usinfo.state.gov/regional/ea/chinaaliens/ningning.htm Marlin, Steven. “Busted ID Theft Ring Part of a Growing Epidemic,” Bank Systems and Technology. 1 January 2003. Moore, Jean. “Understanding Youth Gangs: Economic Restructuring and the Urban Underclass.” In Meredith Watts (ed.). Cross-Cultural Perspectives on Youth and Violence (Stamford: JAI Press). 1998. Ngo, Quoc Hung, “Riding the Wave – Sex, Crime and Spring Rolls,” Viet Now Magazine, July/August Edition 1995. Nicholson, Brendan. “Cyber Gangs Skim Millions in Australia.” The Melbourne (Australia) Age. 20 July 2003. Nye, Mark D. Smile Now, Cry Later – A Study of Asian Street Gangs in Little Saigon, an unpublished paper written by Sgt. Mark Nye disseminated to law enforcement nationwide, California 2003. OCC Alert 2002-4. . “Identity Theft: Organized Gang and Teller Collusion Schemes.” 25 April 2002. See http://www.occ.treas.gov/ftp/alert/2002-4.txt. 99 Home Invasions and Identity Theft 22 April 2004 O’Harrow, Jr., Robert. “Identity Thieves Thrive in Information Age,” The Washington Post. 31 May 2001. Pollock, John and James May. “Authentication Technology.” Federal Bureau of Investigation’s Law Enforcement Bulletin. Vol. 71, no. 6. June 2002. Rashbaum, William. “Officials Say Mob Stole $200 Million Using Phone Bills.” The New York Times. 11 February 2004. Reuters. “Do Net Cafes Provoke Bloodshed?” 24 February 2003. See http://www.wired.com/news/culture/0,1284,570047,00.html. Sanders, Lynne. 2001, May/June. “Stopping ID Theft in its Tracks,” ABA Bank Compliance, pp. 35-7. See http://www.aba.com/NR/rdonlyres/000055b7seplchdjuorvjekw/Resource9993.pdf Sadaka, Thomas. Preventing Identity Theft by Terrorists and Criminals, Testimony for the US House Committees on Financial Services and on Ways and Means. 8 November 2001. Silvester, John. “ID Theft Used in Organized Fraud.” Sydney Morning Herald. 21 July 2003. Smith, John. “Credit Card Scheme Paints Modern Picture of Mob Operations,” Las Vegas Review-Journal. 19 February 2002. Smith, R. “Identity-related Economic Crime: Risks and Countermeasures.” Trends and Issues in Crime and Criminal Justice. No. 129. 1999. Tendler, Stewart. “Drug Gangs Move in on Pounds 1.3bn Fake Documents Trade.” The Times of London. 18 August 2003. “US Announces What is Believed the Largest Identity Theft Case in American History: Losses are in the Millions.” US Attorney for the Southern District of New York Press Release. 25 November 2002. US General Accounting Office. Identity Fraud: Information on Prevalence, Cost, and Internet Impact is Limited (Washington, DC: US Government Printing Office), May 1998. Report No. GCD-98-100BR. US General Accounting Office, Identity Theft: Prevalence and Cost Appear to be Growing (Washington, DC: US Government Printing Office), March 2002. Report GAO-02-363. 100 Home Invasions and Identity Theft 22 April 2004 Robert Watts. “Don’t Pay the Price of Identity Fraud,” Sunday Telegraph (London). 9 March 2003. Zack, Margaret. “Eight Charged in Identity Theft Ring.” Minneapolis-St. Paul Star Tribune. 21 February 2003. 101 Home Invasions and Identity Theft 22 April 2004 Biographies of Project Team Members and Contributors Mary E. Finch, Ph.D., is an independent researcher and consultant for Asian crosscultural communication projects, specializing in Chinese psychology and business negotiation. Dr. Finch is currently in private practice focusing on child and youth communication and social adaptation issues. Detective Sergeant Marcus Frank is currently the supervisor of the Westminster (California) Police Department’s Special Investigations Unit. The S.I.U. is responsible for the investigation of major fraud, corruption, white collar crime, vice and intelligence. Sgt. Frank has over twenty years with Westminster Police Department and has worked in the field of Asian gangs and criminal groups for a majority of that time. Sgt. Frank is well known for his expertise in the field of Asian crime. M. Cordell Hart is a retired Colonel in Military Intelligence (Army of the United States), a past President of the International Association of Asian Crime Investigators, a Chinese linguist and a former CIA Case Officer. Detective Sergeant Mark Nye has over 17 years experience in law enforcement and is recognized as an Asian gang expert in four California counties. He has provided training lectures to five California academies and police training academies in three other states. Now with the Westminister (California) Police Department's TARGET Gang Unit, he has served at the Little Saigon Sub-Station, as a part of an FBI Task Force, as a Parole Liaison Officer, and as a member of the Auto Theft Section and Street partrol. Sargeant Nye has received over 400 hours of police training regarding gangs, with emphasis on Asian street gangs and Asian organized crime. He holds an Advanced SWAT Certificate, Advanced POST Certificate, Supervisor's POST Certificate, Advanced Homicide Investigations certificate, and earned a BS in Criminal Justice from California State University-Long Beach. Has written three papers, "Asian Gangs in Little Saigon," "Smile Now, Cry Later," and "Travelling Gangs." John T. Picarelli is a Research Lecturer in the School of International Service at American University and a Program Manager for the Transnational Crime and Corruption Center (TraCCC). Mr. Picarelli, an expert in transnational threats and their impact on national and homeland security, currently leads two major projects for TraCCC: a revision of the instructional curriculum and methodology of the Law and Spanish Departments at the US Border Patrol Academy, and a one-year study of the convergence and divergence of organized crime and terrorism. Mr. Picarelli’s past experience includes the development and implementation of a law enforcement training curriculum addressing the trafficking in persons for foreign law enforcement and other government personnel. Prior to joining TraCCC, Mr. Picarelli served as an analyst at Pacific-Sierra Research Corporation, conducting research and preparing briefings for the defense and intelligence communities on organized crime, terrorism, and the proliferation of weapons of mass destruction. Mr. Picarelli is completing his Ph.D. dissertation, tentatively entitled “A Factoral Explanation of the Persistence of Trafficking in Persons,” 102 Home Invasions and Identity Theft 22 April 2004 at the School of International Service at American University. He earned his M.A. in International Affairs from the Graduate School of Public and International Affairs at the University of Pittsburgh, and his B.A. in International Relations from the University of Delaware. Detective Michael Proctor is a 30 year veteran of the Westminster (California) Police Department. He worked in the Robbery-Homicide Investigator for over fifteen years, and retired in 2002. He has returned to the department as a part time employee investigating stalkings. Detective Proctor is a nationally known expert on the field of stalking and has authored and published a book on the subject. Detective Proctor’s experience includes but is not limited to, investigating homicides, gang-related homicides, home invasion robberies, other armed robberies, stalking and other crimes of violence. Detective Terry Selinske is a 30 year veteran of the Westminster (California) Police Department who retired in 2003. He is still working part time as a Detective at the Westminster Police Department and is currently assigned to investigate unsolved homicides. Detective Selinske worked as a homicide investigator for over 15 years and his primary assignment was Robbery-Homicide. In his past assignment he investigated home invasion robberies, commercial armed robberies and homicides of all types, including gang-related homicides. Detective Selinske is a veteran of the Vietnam War. Officer David Tran is a Vietnamese police officer with the Irvine (California) Police Department. Officer Tran’s expertise and information is based on years of living in Asian culture and in frequent discussions with former victims and gang members about these crimes. Detective Peter Vi is a member of the Garden Grove (California) Police Department and currently is the lead investigator for the gang unit that specializes in Asian street gangs. Detective Vi is a long time veteran of the GGPD with over 15 years law enforcement experience. Detective Vi is a Vietnamese police officer who not only works in Little Saigon, Orange County, but understands the customs of the Vietnamese people and speaks the language fluently. Detective Vi has investigated Asian street gangs for over ten years and is well known for his expertise on the subject. Gary R. Weaver, Ph.D., is Professor of International Relations and Executive Director of the Intercultural Management Institute in the School of International Service at American University. Dr. Weaver has been a member of the faculty of American University for over 35 years and has published numerous studies in the area of law enforcement including "Police and the Enemy Image in Black Literature," "Psychological and Cultural Dimensions of Hostage Negotiation," “Law Enforcement in a Culturally Diverse Society," "The Genesis of U.S. Internal Unrest," and "Cultural Considerations in Hostage Negotiations." He also conducts training programs and gives addresses to various law enforcement agencies around the country including police departments, ATF, the FBI, Customs Service, and CIA. Professor Weaver, the author of the edited volume Culture, Communication and Conflict, received his Ph.D. in International Relations from American University with studies at the National Autonomous University of Mexico and 103 Home Invasions and Identity Theft 22 April 2004 the Psychoanalytic Institute of Mexico and post-doctoral studies at The Washington School of Psychiatry. He is the Principal Investigator for this study and also a principal author. 104 Home Invasions and Identity Theft 22 April 2004 Project Team Institutions The Center for Asian Crime Studies (CACS) is the research and training arm of the International Association of Asian Crime Investigators. It is incorporated in the state of Maryland and registered with the US Internal Revenue Service as a not-for-profit endeavor under provisions of USC 501(c)3a. Its primary officers are Colonel Cord Hart, Director; Special Agent Ken Sanz, Deputy Director for Administration; Dr. Sheldon Zhang, Deputy Director for Research. See http://www.asiancrime.com/ for more on CACS. The Intercultural Management Institute (IMI), located at American University in Washington DC, recognizes what a vital role culture plays in international business today. IMI houses intercultural experts that offer training programs and consulting services that provide organizations and workforces the skills and information they need to manage cultural differences and flourish in the new global economy. The pace and pressures of today's marketplace require that investments are strategically relevant, costeffective, and target-driven. To that end, IMI works closely with its clients to assess their needs, identify their goals, and design the program or service fully customized to fit their unique profile and bring its clients maximum returns. See http://www.imi.american.edu/ for more on IMI. The Tri-Agency Resource Gang Enforcement Team (TARGET) was created in 1992 by the Westminster (California) Police Department as an innovative program that merged gang identification, law enforcement, case preparation, witness support, prosecution, sentencing, and probation into a single collaborative effort. Representatives from these agencies work together in the police department to focus on the most dangerous repeat gang offenders. The goal is to keep these offenders in continuous custody for as long as possible, thereby lowering crime in the community. The success of the program has been documented, and other police departments throughout the county have adopted this approach. The program won a National League of Cities Award and a commendation from the Governor of California. See http://www.ewpd.org for more on TARGET. The Transnational Crime and Corruption Center (TraCCC) is the first center in the United States devoted to teaching, research, training and formulating policy advice in transnational crime, corruption and terrorism. Originally founded in 1995 with seed money from the MacArthur Foundation and currently funded by the United States Government and private foundations, TraCCC's fundamental goal is to better understand the causes and scope of transnational crime and corruption and to propose well-grounded policy to reduce and eliminate these problems. The growing phenomena of transnational crime and corruption present a formidable challenge to the protection of national and international security, economic development, democratic reform, and human rights. Systemic corruption in one country often contributes to crime and terror at the global level, and thus is a problem that must be faced by the international community. See http://www.american.edu/traccc/ for more on TraCCC. 105