Modus Operandi Page 10

  1. The property actually fenced must, of course, be stolen. If a person down on his luck decides to trade in the sofa or television set for a ridiculously low price and the fence buys it, has the fence committed any crime? Of course not; the fence has taken advantage of someone who accepted a low price for an item that he felt was no longer important in his life. This could be a destitute person seeking quick cash or a person cleaning out his garage. There is never a crime if the property is not stolen.

  2. The property, if it is stolen, must be received by the fence, and the property must be found in the possession of the fence. If the store or warehouse where the stolen property is found is owned and occupied only by the fence, then there is no problem proving this in a criminal investigation. However, the difficulty comes when there is more than one occupant of the warehouse or office space. When interviewing four partners in a rental warehouse where stolen property was found, the investigator will get dizzy watching the fingers the criminals point at each other.

  3. The fence must have known that the property was stolen. How do you prove this knowledge if the accused won't admit to it?

  • The astronomically low price the fence paid for the item. This does not, in and of itself, prove the property was stolen.

  • The person it was purchased from could never have been the legitimate owner.

  • It was not bought from a responsible person or from an established business.

  4. The accused fence must have the intention to convert the property to his own use. The detective attempts to obtain any record of an effort by the fence to dispose of the property. The detective must give particular attention to any arrangements for the concealment of the stolen goods.

  Police Stings

  Police agencies use undercover sting operations to catch stolen goods rings. The police will set up a store front that appears to sell completely legitimate merchandise such as bicycles. The police spread rumors to their contacts throughout the neighborhood that the store is really a front for the purchase of stolen property. When this rumor circulates and criminals bring in stolen merchandise, they can be selective about the items they purchase. During a sting operation, the police will purchase many hundreds of stolen items, which are ultimately returned to their rightful owners.

  Overall, these operations are highly successful in terms of arrests made and merchandise recovered. And they generally make money! For example, a sting operation buys, let's say, $300,000 to $400,000 in stolen merchandise, and another $200,000 is expended in salaries, equipment, rent and overhead. After the merchandise is recovered and sold at auction if it cannot be returned, it will net usually four to five times the actual price paid by the law enforcement agency during the operation of the undercover sting.

  Types of Fences

  The lay fence knowingly buys stolen property for personal consumption: a pickpocket or petty thief who steals credit cards, checks, money or money orders and uses them himself. A lay fence buys stolen property without the intent to resell it to persons and instead intends to use it for his own benefit.

  The occasional fence buys stolen property for resale to other persons but does so infrequently.

  The professional fence deals in stolen merchandise as his main occupation. The difference between the occasional fence and the professional fence can be slight and is based on the frequency of accepting and reselling stolen goods. This can most easily be determined by the area in which a fence operates. City fences are often professionals while suburban fences are more often occasional fences.

  The amount of merchandise a professional fence buys is affected by a number of factors: the condition of the market in general; the amount of capital he has; the difficulty of securing the merchandise, including the measures he must take to protect himself; and his contact with potential buyers. Of all these factors, fluctuations in the general market have the most impact on the fence's purchases. Many other things affect the business, such as the competence of the fence, his business sense, the attention he gives to his work, his particular industry or purchasing area, the condition of his health, his relationship with his wife, his personal and interpersonal relationships with thieves and the third party purchasers of his merchandise, and his professionalism in general.

  What are the criteria that distinguish a fence from other traders in stolen goods?

  First, the fence must be a dealer in stolen property: A buyer and seller with direct contact with thieves (sellers) and customers (buyers).

  Second, the fence must be successful: He must buy and sell stolen property regularly and profitably and must have done so for a considerable period of time, usually many years.

  Third, the fence must be public: He must acquire a reputation as a successful dealer in stolen property among police officers, thieves and others acquainted with the criminal community. He must eat, live, sleep and breath stolen property.

  How to Become a Professional Fence

  A fence does not become a fence overnight. Let's face it, anyone can make money buying and selling stolen property. But, a fence is a businessman, and, as such, he must have a little bit of capital, a little bit of opportunity, and willingness to do the work. As a businessman, the fence learns how to buy and sell merchandise, and where to locate his business so that it increases his capital. A fence starting out with minimal capital can overcome that hurdle with a willingness to look for opportunities to make a quick turnover. He must also have the ability to understand market conditions. There is a strong similarity between fences and entrepreneurs. For a fence to become successful he must gain as much knowledge as possible about the type of product that he is going to buy and sell.

  The fence who is a generalist in all items is a ready market for those things most commonly stolen. He is much like a K mart or a WalMart of fences because his attraction is a wide variety of products. He will be willing to buy and sell most things without much notice. But, much like a regular business, he must be careful not to become overstocked.

  Some fences specialize in one or two particular items such as art, antiques or jewelry, but most fences are general-ists and can easily adapt to market conditions. The successful fence learns how to wheel and deal. He must examine

  Who Came First?

  It has been said many times that if there were no fences there would be no thieves. If there were no one to accept stolen property, burglars or thieves wouldn't steal. We can tell you that this is absolutely and unequivocally not true. Many thieves work without the aid of a fence, and others simply use the fence as a middleman.

  For example: A burglar or thief steals money, credit cards or checks and passes them in retail establishments or through telephone orders. Some thieves sell stolen property to unsuspecting fences. In this particular instance, the fence becomes a noncriminal receiver of the property, as he has no idea that the merchandise is stolen. Also, even the most scrupulous and honest pawnbrokers, secondhand merchandise peddlers, auctioneers and junk dealers buy stolen property on occasion, that is, property that they know to be stolen.

  If all fences were to disappear in the next three seconds, many thieves would shift to stealing merchandise that didn't need a fence to dispose of it. If there were no fences, there would still be all sorts of thieves and maybe some new kinds that we don't have now.

  the ways that his property is bought and sold, paid for and transferred. A successful fence has the ability to make buying and selling stolen property appear no different from a normal, legitimate business. For example, a fence dealing in stolen automobiles will know a great deal about the laws governing registration, title searches, vehicle inspection, and transportation of vehicles.

  The knowledge necessary to appear legitimate often comes from previous careers. A successful jewelry fence, for instance, is likely to be a former jeweler. A fence of stolen cars was once an automobile dealer. A fence of stolen art and antiques might be an artist himself. This is especially true when the fence deals exclusively in one type of commodity. But, a fe
nce who is a generalist may employ specialists from time to time for merchandise such as art or jewelry.

  Sooner or later, in order to go into business, the fence must go public, that is, become known to thieves, customers, police and others as a fence. Becoming public with the police involves getting questioned, investigated and searched; being handcuffed, booked, fingerprinted and photographed; facing a line-up; being brought before a judge, placed in a cell and bailed out; and of course, being officially and publicly known as a criminal. However, this can be beneficial to the fence, because within the criminal community an arrest or conviction is normally considered to be good evidence that the fence's relationship with the police is not too cozy and that he is not a rat —at least by the criminals' standards.

  The most important part of being a successful fence is avoiding capture: The fence applies himself to buying and selling stolen property in such a way that makes him appear no different from other business owners. The most common way to do this is to accept stolen property as a supplement to a legitimate business such as a pawnshop, a consignment shop, or a used furniture or appliances store. It should also be remembered that unknowing legitimate businesses are sometimes used by criminals as fences. A good sob story can help a convincing thief unload a "hot" item to an unsuspecting mom and pop pawnshop.

  Depicting a Professional Fence

  The fence must have genius, that is, ingenuity, cunning, resourcefulness, energy and a mysterious power, sometimes referred to as personal magnetism or charisma. He must be able to manipulate thieves, because he depends on them to be profitable.

  Like con men, the fences characterized in your works should be colorful and flamboyant. Basically their character has a lot to do with the way they negotiate, and negotiate they will! Who else could convince a con man to take $30 for $300 worth of retail goods? In addition to being flamboyant and charismatic, fences are outgoing, gregarious and knowledgeable of retail and wholesale prices.

  So remember, when writing about fences, make them smart, colorful, flamboyant entrepreneurs and, of course, successful! Place them in legitimate businesses, in cities, in the suburbs, make them black or white, cooperative with the police investigators, but keep them one step ahead of the police. Make them wheelers and dealers, and good listeners, but most importantly make them stand out, so that they will be remembered in your works.

  Criminal homicide occurs when the death of a human being is purposely, knowingly and/or recklessly caused by another. To make a charge of criminal homicide, the detective must first prove that a homicide actually occurred.

  Medical Examiners

  The forensic detective investigates a criminal homicide to determine the manner of death (the circumstances surrounding a death), while the medical examiner or coroner will determine the cause of death (the medical reason for death). The medical examiner or coroner will determine that death was due to homicide, suicide, an accident or a medical condition. A medical examiner must be a medical doctor, preferably a forensic pathologist. But a coroner, in some states, is not required to have a medical degree; they

  As early as a.d. 1250 societies took action to apprehend and punish a person for taking the life of another intentionally. In China, the first documented mention of an autopsy listed how postmortem examinations should be conducted. It gave details on how a person's body should appear if he were involved in a drowning or a fire and explained the difference between blunt object wounds and stab wounds. The Chinese were also the first to use fingerprints to document people.

  One of the first noted medical examiners in history was Antistius, the physician who examined the body of Julius Caesar. Antistius determined the cause of death to be one stab wound to Caesar's chest. He further documented that Caesar received twenty-three stab wounds at the hands of his assailant.

  Autopsies developed in Europe around 1507. The first recorded coroner's examination in the United States was in New Plymouth, New England, around 1635, based on autopsies practiced in England.

  Once it has been determined what killed a person, it is up to the detective to determine how and why a person died. And, of course, whodonit.

  Killing and the M.O.

  When someone commits a crime, whether it's stealing a car or killing a person, the M.O. will change from scene to scene but remain consistent in other forms. Let's follow a homicide detective trying to make sense out of a series of killings that bear similar yet different traits.

  Victim #1

  Victim #1 was found dumped in a secluded wooded area and buried in a shallow grave with his hands tied with

  can be a Justice of the Peace, funeral director, a political appointee, or elected official.

  a small piece of clothes line. His mouth was filled with a piece of cloth, with another tied securely over the mouth and around the back of the head. The victim had numerous stab wounds to the chest, and the body revealed significant amounts of pre-mortem injuries, especially defense-type wounds on the hands and arms. The defense wounds were from striking out at the murderer. No signs of sexual assault were found.

  It was determined that the victim was abducted while walking home from a part-time job at a convenience store. All the victim's jewelry and money were found on the body.

  Victim #2

  The second victim was again a male (about the same age as Victim #1) and had his hands bound with duct tape. A piece of duct tape was securely fastened over his mouth. The victim showed no signs of a struggle and had been strangled. Upon examining the body further, it was evident that he had been sexually assaulted and his neck chain was missing. The victim in this case was found dumped in the same area near the first victim.

  Given this minimal amount of information, do you see a similar M.O.? The first victim was found with his hands secured with rope. The second was secured with duct tape. From this we can determine that our suspect exhibited learned behavior. While trying to secure the first victim, the suspect had problems, evidenced by the bruising on the hands and arms. This is also why he used duct tape on the mouth of the second victim.

  The first victim was stabbed to death with the knife that was used to capture him. Our suspect lost control of the situation, and fearing apprehension, stabbed the victim. He panicked, drove the body to a remote wooded area, and disposed of the body. Our suspect intended to sexually assault the first victim, but because of the struggle and fear of detection, this did not occur.

  The second victim was sexually assaulted and strangled and the necklace was removed. The second victim was more easily controlled; perhaps a handgun was used this time.

  Shortly after or perhaps during the sexual assault, the victim was strangled. The chain was removed from the victim's neck, not for monetary gain, but to keep as a trophy, which our suspect may use in later sexual fantasies.

  At first blush these two deaths seem only to be minimally related. But understanding and using the theory of learned behavior assists many detectives in apprehending suspects. By studying the crime scene, the detectives identify and interpret different pieces of evidence that can link one crime to another. Suspects with a long history of arrests and incarceration time change their M.O.'s as practice shows them what works and what doesn't.

  Passion Killings

  A passion killing usually takes place with little forethought and very little, if any, planning. An argument may begin over who takes out the trash, and the rage will become so intense that one person will lash out at the other. A physical assault will take place, and a weapon, if close at hand, will be used.

  Domestic Assault

  In a case where the assault takes place in a home, let's say in the kitchen, a knife or a large carving fork may be within easy reach. If there is a firearm in the house, the killer will seek it out and use it. The victim will be left at the scene, which will show signs of a struggle, but no attempt will be made to cover up the crime.

  Homicide-Suicide

  With jilted lovers, the rejected boyfriend will plan a meeting with his lover
as a desperate last attempt at reconciliation. The meeting will be conducted in a semi-secluded area, such as a familiar park, perhaps a place that has special meaning to the couple. The man, on realizing that his attempts to reunite are not working, will pull out a weapon, usually a handgun, shoot his lover and then himself.

  The Disgruntled Employee

  We've heard a lot about disgruntled employees recently, most notably, stressed-out postal service workers who go into their former offices and begin shooting. A disgruntled employee is often distraught over the promotion of a co-worker or over being fired and usually plans revenge, including a hit list of people he wants to kill. He will obtain enough weaponry to complete his mission and then some. Once he has made up his mind, there is no stopping him. The killing spree will occur at the work place during working hours.

  Premeditated Domestic Killing

  When one spouse kills another for insurance money or other financial gain (also known as a profit murder), or because of threats of divorce or personal disclosures, the suspect will attempt to cover up his act by acting the part of the grieving husband. The suspect will plan the murder and arrange the scene using props and prearranged scenarios to cover up his involvement.

  One way this is accomplished is by being a victim himself. He will injure himself to show the police that he attempted to subdue the criminal or protect his loved ones. He will break doors, open windows, ransack the house, place a ski mask and gloves outside on his property just to show that he could not possibly be involved.

  Prior to or after the stage is set, the victim will be killed in a way consistent with the scenario. If the story told to police is that the victim fell down a flight of stairs, head injury will be the cause of death. This head injury can be caused by blunt force trauma to the head with an object like a baseball bat—we're sure you get the picture.

  Poisoning is usually the preferred method of a very intelligent person who understands the complex procedures needed to cover up this act. On the other hand, a very dumb person, not knowing of the toxicology examination performed at an autopsy, may feel that this is the best way to commit his crime.