unclassified1 law enforcement response to piracy: perspectives & challenges david c. lobb, ph.d....
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UNCLASSIFIED 1
Law Enforcement Response to Piracy:
Perspectives & Challenges
David C. Lobb, Ph.D.Special AgentU.S. Naval Criminal Investigative ServiceField Office Singapore
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NCIS: Overview Charter –
Criminal Investigations/Operations
Counterintelligence Investigations/Operations
Counterterrorism Investigations/Operations
Antiterrorism/Force Protection
Cyber Investigations/Operations
Personnel and Info Security DON Policy
DON Clearance Adjudication
Composition: ~ 90% Civilian ~ 98% of agents are civilian
NCIS civilian agents have statutory arrest authority
Civilian Director (SES/GS-1811) reports to SECNAV
NCIS agents prepare to board ship recovered from Somali pirates to process
crime scene
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NCIS and Piracy
Early Involvement-Logical LE Agency? Maritime Focus Worldwide Presence Connection to U.S. Navy and Assets Investigative Skill Set Early cases and operations
Applying Our Standard of Investigation Asking one Question From the Start: What Do We Do When We Catch Them?
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Case Studies
Attack on the USS NICHOLAS March 2010 5 Pirates Captured, taken to the
U.S. November 2010 Convicted First Piracy Jury Trial Since 1820 March 2011, all sentenced to life
plus 80 years
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Case Studies cont.
Attack on the MAERSK ALABAMA Attacked in April 2009 Crew captures one pirate regains control Captain Philips is taken off ship with three
pirates in life boat USS BAINBRIDGE Captain authorizes
tactical actions by Navy SEALS Three pirates killed, one Captured- Muse Pleads Guilty, sentenced to 34 years
(February 2011)
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Yacht QUEST
•Taken February 19, 2011•Shadowed by U.S. Warship
•Fired RPG at ship, SEALS respond•13 Somalis, 1 Yemeni heading to the U.S.
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Case Studies cont. M/V Amira
13 MAY 2009 Egyptian Flagged
Vessel Philippine
Crew/Greek Captain
Security Detachment
RPG Fired at Amira
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MV Amira
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Evidence
Weapons
Excess Fuel
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More Evidence
Cell Phones
Hooks and Ladders
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Case Studies cont. 17 Suspected Pirates (SP’s) 4 SP’s claimed to be victims Kenyan law does not allow for confessions
to be admissible unless made to a magistrate Defense-just fishermen Prosecutors- would not allow testimony regarding “Victims” statement
which implicated the others.
A Kenyan court on Friday, November 5, 2010 freed 17 Somali men detained by the U.S. Navy at sea and accused of piracy, saying the
Navy didn't provide the necessary evidence to convict the suspects.
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NCIS Participation in Counter-Piracy Initiatives CTF-151
Investigating Agency LE Liaison Coordinate with NAVCENT
and local embassy Worldwide availability
(Singapore, Bahrain, Djibouti, Hawaii)
Training
Information Fusion Centre (IFC)
Liaison Information Sharing Engagement and Training
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NCIS & Counter-Piracy in the Region IFC
Tracking Piracy Trends, Vulnerabilities, Use of Motherships
Research Journals Information/Intel
Sharing and Cooperation with Enforcement Agencies
Engagement with Private Shipping
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Regional Activities cont.
Debriefing Initiative Highjacked Crews Captured Pirates
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Unique Type of Investigation Evidence Collection at Sea Hostage situations Jurisdiction
Information Collection and Sharing Intelligence Reports Collaboration with Interpol/Host Nation LE
Biometrics SEEK Device-Secure Electronic Enrollment Kit Used in Recent QUEST Case-Hits
Cyber support (Field / HQ) Assist in exploiting electronic
information Cell / sat phone data, GPS,
thumb drives, etc.
The Role of Law Enforcement Once Pirates are Captured
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LE Roles cont.
Interviews Cultural Considerations Somali Mindset Religious Differences
Negotiations Hostage Situations Cultural Themes
Complexities of Jurisdiction and LE Authority Rules of Evidence Elements of the Crime Court Testimony
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The Way Ahead:Looking Beyond the Military Response
What Does it Mean to “Counter” Piracy? Interdiction
Increased Assets Wider National Authorities Rules of Engagement
Prosecutorial Process Venue?(Malaysia/Malivies/U.S./
Kenya/Philipines) Piracy Prosecution Center Legal Authority, Change of Laws
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The Way Ahead cont. Investigative Process
Standards of Investigation Piracy Investigations Manual-Interpol and NCIS Multi-National Collaboration
Sharing Information UN Resolutions and Collaboration with Law
Enforcement
Interpol said it would spend $2.17million to help African nations fight piracy.
The first phase of the E.U-funded program would include Interpol providing Seychelles with a digital fingerprint identification system to make it easier to identify pirates and share information on them.
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Points to Ponder
Debate will Continue on How to Stop Piracy Attack land based problems of poverty and
governance? Larger Enforcement Footprint?
Piracy as a issue of Global Security Connection to Islamic Militias and AQ
associated Groups Commercial Shipping Companies International Effort
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QUESTIONS?
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