Friday, October 23, 2009

AP Procedures and Roles

Asset Protection requires a minimum of two agents on every stop. Each has a specific role to ensure that all procedures are followed in a timely manner.


Primary Role
Spots the Offense
Makes the Stop
Obtain Suspect’s ID – drivers license and school ID card
Interviews the Suspect
Writes Report
Determines Restitution Amount
Prints Report: arrest 2 copies. warning 1 copy
Complete Report and File



Assistance Role
Assists with the Stop
Take Photo of Suspect & Evidence
Get Prices of items – CS can print a sales receipt for the report
Prepare Evidence *
Report folder with name and case number. Attach sales receipt
Burn CD (2 if arrested) and label case number & suspect name
If arrested make copies of above & fill out UCPD “Citizens Arrest form”
Assist Primary on any other needs

*Arrest: Bag and tag evidence and put in evidence cabinet. Make sure the name and case number are visible. If requested turn over evidence to Police and note in report.

Friday, September 4, 2009

Asset Protection 2009 Report


Asset Protection continues its dual goals of providing a safe environment for customers and employees as well as protecting the UCEN’s assets. To accomplish these goals, a trained co-ed staff monitors more than 150 cameras in our digital operations room. AP has assisted other universities, colleges, and retail businesses in starting or expanding their AP programs. The National Association of College Stores sells our AP-CD, which provides information to develop a successful asset protection program.

Asset Protection continues its Donation Program using markdowns and unsalable retail items. This year we delivered items to the Braille Institute, CALM, Unity Shop, and Women’s Shelter Services, to name a few.

Asset Protection made 250 stops and contacts for various offenses and/or assistance. In today’s economy we have seen a sharp increase in thefts. A common excuse this year is, “My parents don’t give me enough spending money.” Some of our more prominent cases follow:

Cross Country Crime Spree: Two lovebirds came up with a way to go on vacation for free. Just pack your bags, grab some old checks, and off you go! In May, Accounting brought us two checks, accepted by store cashiers three weeks prior, that came back from the bank as “Account Closed”. The checks, from two separate accounts, had the same perm number written on both. A review of the Bookstore’s video showed that a female purchased a $2400.00 laptop computer. She tried three different perm numbers and said she didn’t have any ID. Finally, she produced an old Florida driver’s license and a valid perm number. Soon after, a male came in, picked up a guitar, accessories, UCSB- branded clothes, and office supplies totaling $400.00. He gave the cashier a perm number, adding that he had left his ID at his dorm. The perm number supplied by both customers was identical and did not belong to either. The number, we learned, belonged to a student with no connection to the case.

Our investigation revealed that the suspects, both 29 years old, wrote checks from accounts that had been closed for more than a year. The female had covered her Florida address with a marking pen and inserted a fake local address in its place. Three separate perm numbers were written on the check. The male had written a fake drivers license number and perm number on his Los Angeles check.

Further research revealed that the female was wanted on an outstanding Florida warrant for check fraud and theft. She apparently fled Florida and traveled to Los Angeles. We discovered that a Texas college reported a female had written bad checks for a computer and books. With that information, we were able to track the female suspect from Panama City Beach, FL to Hollywood, CA. The female suspect met up with the male suspect in Hollywood. They then targeted UCLA, USC, CSU, and UCSB. We sent a “list serve” warning to all colleges and universities on the west coast. From the schools that contacted AP, we were able to establish a pattern and route. From Hollywood they headed north. We tracked them through CA, Oregon, Washington, and just missed them by a day in Idaho. We learned that the female had attended a university in Cedar Falls, Iowa. The male was from Oregon. We felt they were heading to Iowa where her family resides. We directed all the stores that our suspects had hit to contact their police department and reference our case number. In doing so, we became the central hub monitoring and tracking their crime spree.

By this point, we had located their MySpace and Facebook accounts. These social networking sites are a treasure trove of information. Using UCSB Bookstore photos of the thefts, we were able to match and make positive IDs of both suspects. Their postings and pictures revealed that the duo would come into a town and purchase the local school’s sweatshirt or tee shirt so they would look like students. Then, they returned to purchase computers, high dollar books, and other items. The merchandise was put on Craigslist and sold. The suspects remained in each town for one to two weeks to enjoy the sites before moving on.

We warned store managers across the northwest, and sent photos of the suspects. One of the Montana college stores we had contacted called to say the suspects had just come into their store. Store personnel refused to take the check and attempted to hold them for the police. The suspects fled, but the manager was able to get a photo of the car they were driving. Unfortunately, he was unable to get a license plate number.

The pair went off the radar for two weeks without updating their social networking pages. By this time, arrest warrants for numerous crimes in eleven states had been issued. Finally, during a routine traffic stop in Sacramento CA, they were arrested on the warrants. Police reports are still rolling in. As it stands, our suspects have stolen in excess of $25,000 dollars in merchandise.

Just wanting to leave their mark: two high school seniors ditched school in order to promote their gang affiliation. On their way to UCSB, they tagged numerous locations. The two entered the Bookstore and stole $275.00 in fat markers, colored art markers, sharpies, and binders with art paper to practice and hone their skill. Additional binders found in their backpacks provided a wealth of information for high school and law enforcement officials.

Girls just wanna have fun……shopping: a freshman and her friend came into the Bookstore to do some shopping at the start of summer. In August, Accounting came to us with seven checks that were returned to the store for insufficient funds in the amount of $1715.00. The freshman female had taken her mother’s extra checks before coming to UCSB. The two came into the Bookstore five times buying clothing, supplies, iPods, and more. They took turns writing checks, and also visited the Cashiers where they received cash. Once we had the checks in hand, and located video of the girls writing the checks, we called them in. But first, we contacted the mother and sent her pictures of the two writing the checks. She identified her daughter and the friend. The mothers of both young women traveled to the SB County Jail where they bailed the pair out of jail. The drive back home, all six hours of it, must have been an interesting trip.

And our Dumbest Criminal Award of 2009: a male shopper was seen picking up a book downstairs and then staring at a security camera. He walked to a corner of the store, took off his backpack, removed his sunglasses, and placed both book and glasses into his pack. Emboldened, the shopper selected two additional books and slipped them in his backpack, all-the-while looking at another security camera. He strolled out of the Bookstore at the lower exit near the Post Office. During our interview, he admitted that he came into the Bookstore with the intent to steal the books, valued at $528, for his girlfriend. He added that “he had not committed a crime because he never exited the Bookstore”, and “it wouldn’t be considered a felony because it wasn’t more than $700.00. “ He said “we should check our facts” and boasted “law tends to be a hobby of mine.” When he learned the police had been called, he tried to leave the AP office. Detained, he opened his wallet and said, “Is there anything I can do for you?”, and asked that we “delete the tapes”.

When the police arrived, we informed him that because he entered the Bookstore with the intent to commit a crime, and then stole merchandise with value greater than $399, he would be charged with both felony burglary and grand theft. So, off he went to jail, no doubt to help the inmates with their legal woes.

Thursday, July 23, 2009

Testifying in Court


Testifying in Court


INTRODUCTION

As a victim or witness to a crime, your help is vital to our system of criminal justice. Without such cooperation, Our system cannot function efficiently and guarantee a fair trial based on the full presentation of all the facts. The process of justice takes time, so your patience and commitment are also essential. That’s why the District Attorney’s Office has a special Victim/Witness Assistance Program to aid you. The following Information will explain what happens in bringing a case to trial so that you may better understand the proceedings and inconveniences that may occur in the case involving you. Remember, it’s very important to keep the District Attorney’s Office informed of your current address and phone number so you can be contacted about a pending case. If you move or are temporarily available at a new location or phone, please notify the Victim / Witness Assistance Program immediately.


SUBPOENA

A subpoena is a court Order directing you to be present at the time and place stated. You may receive your subpoena in person or by mail. After receipt of the subpoena, contact the District Attorney’s Victim/Witness Assistance Program. Court hearings do not always take place at the precise time scheduled. Calendar conflicts, the unavailability of an essential witness, or a legal motion may cause your case to be delayed or "continued." Whenever possible, arrangements will be made to place you "on-call" or telephone standby." This means that you may continue your normal daily business, but you must be able to come to court immediately when called by the District Attorney’s Office. Your subpoena will indicate the type of hearing at which you will be appearing. Don't forget to bring your subpoena with you to court.


PRELIMINARY HEARING

In felony cases, your first appearance will be for the preliminary examination. This is not a trial, but a hearing at which a judge listens to the evidence of the crime and determines whether it is sufficient to require the defendant to stand trial in Superior Court. Normally, just enough evidence is presented to "hold the defendant to answer" in Superior Court. Witnesses are subpoenaed to testify at these hearings. No jurors will be present, since the judge alone decides if the defendant should be required to stand trial on the charges.


FELONY TRIAL

The trial of a felony case will generally occur 45 days or more after the preliminary hearing. California law requires that a defendant with a felony be brought to trial within 60 days of the filing of the Information or Indictment in

Superior Court, unless that right is waived by the accused. Thus, in some cases this time could extend to several months. Witnesses must also testify at trial, even though they were thoroughly questioned at the preliminary hearing. In some cases, a trial will not be held because the defendant pleads guilty. When this happens, you will be notified that your testimony will not be required, and you will be released from your obligation under the subpoena to come to court.


MISDEMEANOR TRIAL

In misdemeanor cases, there is no preliminary hearing. Your first appearance at court will be the actual trail. Therefore, your testimony will be required only once.


YOUR TESTIMONY

In your appearance as a witness, you will be called by a Deputy District Attorney to testify regarding what you saw, heard or did which may be relevant to the charges against the defendant. After the District Attorney has asked questions, the defense attorney has the right to test your memory of the facts, or "cross examine" you. You may be excluded from the court room when other witnesses are testifying. This is to ensure that the testimony or memory of one witness does not influence the testimony of another.


DEFENSE ATTORNEY

Witnesses are sometimes requested by the defense attorneys to give interviews so that the defendant and his attorney know what the evidence in the case will be. If you receive such a request you may discuss it with the Deputy District Attorney responsible for your case. There are no laws or rules prohibiting you from telling the defendant’s attorney your testimony before you take the stand. This is your decision and you should not feel pressured to speak or not to speak to anyone about the case. If you choose to speak to the defense attorney, you

may wish to have an additional person present or a tape recording made to avoid later misunderstandings and misquotations.


VERDICT

You may wait to see the verdict in your case after all testimony is completed, or you will be notified of the outcome of all felony cases by letter. To find out the result of a misdemeanor case, please call the District Attorney’ Office.


AFTER THE TRIAL

The defendant will be found either guilty or not guilty of the crime. If the jury cannot reach a verdict, a mistrial will be declared and there may be a new trial. If the accused is found guilty, a date will be set for sentencing, usually 28 days after the verdict. Before sentence is imposed, if you are the victim, you have a right to appear at

the sentencing hearing to express your views to the judge or you can do so in written form to the Court or Probation Department.


The Judge may impose one or more of the following sentences:

State Prison

County Jail

Probation

Fine

Restitution

Recognizing Potential Shoplifters

1. Watch the customer who is more interested in watching the sales clerks than looking at the merchandise - eye contact, is it frequent?

2. Watch for youths entering in groups of two or more.

3. Watch for the customer entering with large purses, shopping bags, open packages, news papers, etc.

4. Watch for the customer wearing bulky clothing or unseasonable clothing.

5. Watch for the customer who is "just looking" or loitering. This person usually refuses any offer of assistance and makes no attempt to buy.

6. Watch for the customer carrying merchandise to the "hidden areas" of the store.

Deterrence to Shoplifting

1. Reposition frequently stolen items to better viewing areas.

2. Keep areas neat and clean.

3. Most Important - for employees to make eye contact and if possible verbal acknowledgment with every customer who enters the store. Usually this will force eye contact on the part of the shoplifter and this provides a psychological deterrent to him.

Legal Definitions

1. 484 / 488 PC - theft of property $399.00 or less. Misdemeanor A. Crime must be seen by clerk B. Thief does not have to exit store to effect an arrest.

2. 487 PC - Grand theft of property over $400.00. Felony A. Reasonable Cause to believe that a theft has occurred and the person to be stopped is the one who took it.

3. 666 PC - Petty theft with a prior conviction. Felony

4. 459 PC - Burglary. Suspect entered the store to commit a crime (ie shoplifting)

Responding to Shoplifting

1. Call Asset Protection at #_ _ _ _.

2. Citizen Arrest - you must be trained on points of the law and liabilities.

3. Remember this is a property crime DON'T risk injury attempting to detain a shoplifter.

Asset Protection Restitution Letter

RE: Unlawful Taking of Merchandise

Our records show that on the above date at this store, you an adult/ emancipated minor, took possession of the merchandise indicated below, without the consent of the store, and further, without paying for that merchandise. California Law (Penal Code Section 490.5 (C) Subjects an adult/ emancipated minor who has unlawfully taken merchandise from a merchant 's premise to civil liability. That liability includes : A. The retail value of this merchandise if not recovered in a merchantable condition. B. Damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500) ; C. Cost of litigation.

In order to eliminate additional time and expense to you, a demand is hereby made upon you for the following amount:

A. Retail value of merchandise (if not saleable) $___________

B. Damages under P.C. 490.5 (C) ($50-$500) $___________

C. You are hereby ordered to pay this amount $___________

Payment of the above amount will avoid incurring the additional cost of a civil law suit.

Payment of the total amount demanded should be made by money order, certified or cashier's check payable to Asset Protection and sent to the above address with an attached copy of this letter. In the event you fail to comply with this demand within 14 days from receipt of this letter, we have the recourse to file a civil action in the appropriate court of law and request a hold be placed on your University records until this case is adjudicated.

You should be aware that these damages are allowed by law as civil action, and are not in lieu of criminal prosecution that may be imposed by local authorities or University disciplinary action that may be imposed by the Dean of Students.

490.5 (C) Petty theft of retail merchandise of library materials ; punishment ; civil liability ; detention: When an adult or emancipated minor has unlawfully taken merchandise from a merchant's premises, or a book or other library materials from a library facility , the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500) , plus costs. In addition to the foregoing damages, the adult or emancipated minor shall be liable to the merchant for the retail value of the merchandise **** If it is not recovered in merchantable condition , or to a library facility for the fair market value of its book or other library materials **** An action for recovery of damages, pursuant to this subdivision , may be brought in small claims court if the total damages do not exceed the jurisdictional limit of such court, or in any other appropriate court. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies.

Any questions in regards to this matter should be addressed to me at the above address or you may phone at ___-___-____ between 8AM and 4PM weekdays.

Respectfully,

Asset Protection Manager

Asset Protection Restitution Program

The restitution you are being charged is a civil demand to off set the costs incurred in your detention. The following is a brief description of what is involved in a detention.

Theft or Burglary

payroll incurred time watching subject on CCTV contact subject and detain interview report and narrative police involvement, arrest form and copies of reports make evidence tape book evidence restitution paperwork and mailing computer entries equipment (initial costs, maintenance, wear) training legal up dates film and supplies

Restitution amount

$200.- 484PC misdemeanor theft

$250.- 487PC / 459PC felony $400.- with prior theft or burglary arrest $500.- strong evidence of felony intent

Asset Protection Mission Statement

1. The Asset Protection Unit goal is to provide a safe environment for employees as well as protecting the Bookstore's assets. To help achieve these goals cameras cover the store 24 hours a day. These cameras are monitored by A/P personnel.

2. A/P needs your help - loss prevention is everybody's responsibility.

3. 85 - 90 % of all potential shoplifters will leave the store if greeted.

4. Customer service is the key.

5. What a shoplifter looks like. (the eyes are the indicator)

6. Procedure (selection, leaves store with out paying, apprehension, interview, & police involvement)

7. Warning vs. arrest

8. Consequences: misdemeanor - $ 399. or less with no intent felony - over $400. or with intent (burglary) criminal record for life, probation, petty theft with a prior.

9. If you see a shoplifter or see a suspicious customer call A/P at 7777. We would rather you call us and we find there is not problem, than not call and we find there is a problem. Remember we are here to assist you.

10. Liability issues: call A/P and let us handle any problems that come up. Shoplifting is property crime do not risk injury or possible civil action.

11. Safety issues a. location of the safety bulletin board b. location of fire extinguishers and fire pulls c. evacuation procedures: clear department of customers, exit points, meeting area d. location of UCen Emergency Procedures e. location of Health and Safety binder and Material Safety Data sheets

12 Programs: a. personal awareness and safety, self defense, drug awareness, rape / date rape prevention, etc. b. Tips on e-mail

13. Remember we work as a team. Feel free to stop by and see our equipment or if you have any questions or suggestions.