Loss Prevention Blog

What types of evidence and/or clues are often buried in confessions that are easily overlooked? Corporate Combat® has ‘coined’ the term Crookie Crumbs™ as a descriptor of these types of clues. The following is a sample page (one of eight) that was taken after nearly an 8 hour non-custodial interrogation. The subject providing the confession was a long-term bookkeeper. In just this one page of her 8 page confession, she provided 15 Crookie Crumbs™. Are there more? Possibly. If you find more, let us know and we will revise the graphic!

Her confession led to a 5 month investigation of a pharmacist. Her clues, or Crookie Crumbs™, were instrumental in gaining valuable insight in not only how to proceed with the investigation, but how to formulate the interrogation process that would take place months later.

Review the confession and determine for yourself what we learned prior to confronting the pharmacist.

The pharmacist can be seen committing theft on this video. Note: This pharmacist was never told that he was captured on video. The video only served as a tool for the interrogator. A tool that he was trained (”The Art of Corporate Combat®”) not to use and for a good reason. Had he used the video evidence during the course of the interrogation, it might have severely compromised the outcome and minimized the chances of obtaining his handwritten confession. Do you know why it would have compromised the interrogation?

What types of behavior do shoplifters engage in that will call attention to their intent?

Amateurs (professionals, to a lesser degree) inadvertently TELEGRAPH their INTENT to steal through:

• NERVOUSNESS
• Moving the head to look to sides and behind (”scoping the area”)
• Seeking a refuge–an uncrowded place within the store.
• Face flushing uncontrollably.
• Circling the immediate area of the target item.
• Handling an item for a long period.
• Displaying cash (a ruse to convince others they will pay).
• Wearing used/old clothing that can be switched for new.

What must I remember before I confront someone for shoplifting?

‘‘Deliberate with caution, but act with decision and promptness.’’ – Charles Caleb Colton, c. 1780-1832 English cleric, sportsman, wine merchant

When surveillance reveals that someone is shoplifting, you begin the detention phase with your effort to confront and apprehend. The decision to confront a suspect must not be taken lightly.

Before you confront someone, remember six crucial questions about the surveillance you have undertaken thus far.

SIX QUESTIONS

1. Did I see the suspect APPROACH the display prior to taking the merchandise?
2. Can I IDENTIFY the merchandise?
3. Did I see the suspect REMOVE the merchandise from the display?
4. Did I see the suspect CONCEAL or alter the merchandise?
5. Did I maintain uninterrupted surveillance, or OBSERVATION, of the suspect?
6. Did the suspect LEAVE the store without paying for the merchandise? Am I certain the suspect did not DITCH the concealed item(s)?

Note that the first letters of the underlined words in questions 1 – 6 spell AIR-COLD. Use this acronym as a reminder of the requirements when dealing with a suspected shoplifter. Stop a suspect only if you have answered all six questions with a YES. These questions demonstrate probable cause, hence giving you a right to stop the suspect without being sued.

How should I handle the investigation of a shoplifter in order to avoid liability?

To avoid later liability charges, AN INVESTIGATION HAS TO BE REASONABLE in three respects:

1. The MANNER in which the suspect is treated.
2. The METHOD of gathering and receiving facts.
3. The TIME in which the investigation is completed.

During the investigation phase your company will:

• Allow the suspect an opportunity to EXPLAIN their actions and produce concealed items for examination relative to OWNERSHIP of the apparently stolen goods
• Ask the suspect questions such as, “Do you have a sales receipt?”

At the conclusion of the investigation phase, the merchant is privileged to hold the suspect for arrival of a police officer without mistreating him or her (e.g., no accusations, no excessive force, no forcing a search without suspect’s consent, no use of threats to prosecute in order to obtain confession).

How can I tell if our company is vulnerable to shoplifting?

• Do employees have clear visibility of easy-to-steal merchandise and of customer activity?
• Is their vision hindered by counter displays?
• Does the lighting adequately reveal what customers are doing?
• Are end displays low or shallow enough to reveal people behind them?
• Are your displays neatly arranged so that it is obvious when items are missing?
• Are tall displays against the wall so that there is no hiding place behind them?
• Are floors and shelves kept clean and orderly to indicate that these areas are tended to on a regular basis?

What can I do to begin the thought process of the investigation?

“I keep six honest serving-men (They taught me all I knew); Their names are What and Why and When And How and Where and Who.” – Rudyard Kipling 1865-1936, English author and poet

WHEN YOU SUSPECT THEFT – DOCUMENTATION
Brainstorm by asking yourself “W” questions:
• WHO is the most likely suspect?
• WHAT are the likely methods of loss?
• WHERE are the losses occurring?
• WHEN are the losses being discovered?
• WHY is that employee so evasive?

What is one of the best ways to reduce your exposure to liability?

“If you didn’t write it down, it didn’t happen!” – Maxim in investigative professions

Document in DETAIL. Because anything may be important, your report should not leave anything out. You are documenting your MEMORY for total recall at a later date, possibly years later. The less you write, the less you will remember, and the greater your exposure to liability will be. BE FACTUAL, AND LEAVE OUT YOUR PERSONAL OPINION. Your reports should be written without bias or prejudice. Think of what you write as eventually being seen on the front page of a major newspaper.

Is it okay to edit a suspect’s words to provide clarity?

In your reports, record a suspect’s own words VERBATIM, whether these were originally written or verbal. Never edit what the suspect says. The language in your reports must be FACTUAL and NEUTRAL. A judge, a juror, an arbitrator, or other decision-maker may think that common peer jargon reveals BIASES.

What must I always keep in mind about the documentation that I create during my investigation?

Your documentation should be EASILY UNDERSTOOD BY A LAYPERSON. On the witness stand, the more you have to re-explain what you meant, the less credible you will appear. Also, never EDIT another person’s written report in an effort to make the document easier to understand.

Avoid using investigation JARGON in your reports. Jargon should be replaced with layperson’s terminology that conveys the same meaning.

What is a routine precautionary measure I should take with written evidence?

Keep all of your original notes as well as more formal reports by yourself and witnesses. Store that material in a place where access is limited to those who are actively involved in the investigation. As a precaution, make a DUPLICATE of all materials.

The following data is derived from the University of Tampa. It provides some insight for those who may be striving to understand where the use of CCTV is headed and how you are currently using this technology. This will be of special interest and importance to those in the Loss Prevention industry and to business owners. The following is provided as “areas of interest” and “areas to further explore.” The bullet points themselves create areas of debate and the actual case histories may or may not support the argument of whether or not CCTV should be used or applied selectively.

Advantages of the British Model 

• Before cameras are deployed, the public is consulted.
• Frequent town meetings
• Privacy concerns dealt with
• Citizens can visit control rooms at will
• Cameras are controlled by the police, local authorities and private contractors
• Clear policy and procedures that are approved by the Home Office

The American Model 

• Use of CCTV technology by law enforcement in the US has not always been well received
• Little involvement of the community prior to deployment
• Citizens left to respond after the technology is up
• There is a need for standardized policies dealing with:
  • Storage
  • Use of the images
  • Chain of command
  • Digital image issues
  • Use & reuse of tapes
  • Access to control rooms
  • Public access

LEGAL ISSUES

• Surveillance in the workplace
• Does the use of video surveillance by landowners and businesses to reduce crime  fulfill their “duty” to protect
• Invasion of privacy claims
• Failure to use a video security system (negligence)
• Failure to protect
• Improper discretionary use: targeting minorities, those belonging to unpopular political or social groups
• Use of video surveillance to replace security guards or officers
• Potential misuse of digital images since they are easily manipulated
  

Cases dealing with privacy 

• Katz v. United States – use of electronic interception of a voice in a public phone booth violates the expectation of privacy
• Kyllo v. United States – the use of thermal-imaging technology into a home violates the expectation of privacy because the technology cannot go beyond what the naked eye can see
• O’Connor v. Ortega – there is an expectation of privacy in  a private office at a hospital
• Vega-Rodriguez v. Puerto Rico Telephone Co. – there is no expectation of privacy in a common room used by numerous employees  

Negligence Cases 

• Nebel v. Avichal Enterprises, Inc. – if a criminal act is foreseeable and there was no attempt to reduce the risk, the defendant is liable (case involved a motel patron)
• Shoney’s, Inc. v. Hudson – a business in an area subject to crime is negligent if they use video surveillance to replace security personnel in order to save money
• Kutbi v. Thunderlion Enterprises, Inc. – use of video surveillance that is not monitored creates a false sense of security rendering the defendant liable

Considerations for invasion of privacy claims 

• The degree of the intrusion
• The context of that intrusion
• Circumstances surrounding the intrusion
• Intruder’s motives and objectives
• Setting where the intrusion takes place
• The expectations of those whose privacy is invaded
• Was there a breach of duty to protect

Today, CCTV (Closed Circuit Television) is as much a part of your business as lighting, signage and cash registers. It was not that long ago when the only time a business owner would think of CCTV is when they discovered that an employee was stealing from them. The owner would install a camera—most often hidden—capture the behavior on video; then be nagged by another problem, namely, “Now what?” They would not know what to do with the incriminating evidence. Most often they would confront the suspect, inform him or her that he or she was “caught on tape” and then dismiss the thief. It would appear to be the correct approach, but it wasn’t then and it is not today.

The incorrect and often illegal approach used 10 or 15 years ago is still the same incorrect and illegal approach used today. The business owner’s reaction to a theft or fraud situation has not changed much and that is because our basic emotional reactions to events are static. What has changed is technology, laws and tactics.

What is the future for CCTV use in the workplace? Will we see less of it due to changes in privacy laws?