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1 Director's Message 2 ~aw Enforcement Administration: Yesterday-today-Tomorrow James H. Earle 7 Book Review 8 ICRISIS-A Computer System For Major Disasters LB¥ Mark Rand 13 fA Terrorist Psychosocial Profile: Past and Present lB¥ Thomas Strentz 20 /Product Tampering \B.¥ David Lance 24 ~he Electronic Communications Privacy Act: Addressing Today's Technology (Conclusion) ~ Robert A. Fiatal 31 Wanted by the FBI l%OOlJ :;: Bulletin

United States Department of Justice Published by the Office of Congressional The Cover: Federal Bureau of Investigation and Public Affairs, The May 11, 1985, fire disaster at England's Washington, DC 20535 Milt Ahlerich, Assistant Director Bradford City football ground prompted the creation of the CRISIS computer system. (See article p. 8). William S. Sessions, Director Editor-Thomas J. Deakin The FBI Law Enforcement Bulletin Assistant Editor-Kathryn E. Sulewski (ISSN-0014-5688) is published monthly by the The Attorney General has determined that the Federal Bureau of Investigation, 10th and Penn­ publication of this periodical is necessary in the Art Director-John E. Ott transaction of the public business required by law Production Manager/Reprints-David C. sylvania Ave., N.W., Washington, DC 20535. Sec­ of the Department of Justice. Use of funds for Maynard ond-Class postage paid at Washington, DC. printing this periodical has been approved by the Postmaster: Send address changes to Federal Bu­ Director of the Office of Management and Budget reau of Investigation, FBI Law Enforcement Bul­ through June 6, 1988. letin, Washington, DC 20535.

ISSN 0014-5688 USPS 383-310 - Piias

Director's Message

May 1988, is the 27th anniversary of President communities in this country have on their rolls-it John F. Kennedy's approval of the law designating is just under the size of the largest depart­ May 15 as Peace Officers Memorial Day. The words ment in Virginia, for example. at Gettysburg of another eloquent, and assassi­ The man who led the FBI's efforts to success­ nated, President are appropriate to honor "those fully end the gangster era's bloody reign of terrror, who gave their lives that this nation might live." J. Edgar Hoover, noted in one of the first Law Day President Kennedy's predecessor, Dwight D. messages, "The effectiveness of law is measured Eisenhower, had established May 1 as Law Day 3 by the fairness, determination, and courage with years before. While the theme of the 1988 Law Day which it is enforced ....Our society demands of the is "legal literacy," one of the purposes of Law Day peace officer spotless integrity, uncommon bravery, is to recognize the "support ... [of] those ... persons and constant devotion to duty. It is fitting that Amer­ charged with law enforcement." in the decade 1977 icans pause during the year to acknowledge a debt to 1986, the FBI's Uniform Reporting system of gratitude to those who have been faithful to their has recorded 875 law enforcement officers felon­ trust." iously killed. While law enforcement has reduced It is also fitting that the law enforcement com­ the 1979 high of 106 officers killed to a new low of munity, represented by 15 law enforcement orga­ 66 officers killed in 1986, this is still an unacceptable nizations ranging from the International Association number, both in terms of the human tragedy in­ of Chiefs of Police and the National Sheriffs' As­ volved and in sheer economics. sociation to the Fraternal Order of Police and the It is the duty, and the even greater moral obli­ National Organization of Black Law Enforcement gation, of every law enforcement chief to Executives, has organized the National Law En­ see that the officers in his or her command have forcement Officers Memorial Fund to blJild a Il}errh. the very best training and equipment available to orial to the thousands of officers who haY'~' givef.l..; protect themselves in potentially deadly situations. their lives to protect their fellow citizens since our Two of my predecessors, William H. Webster and Nation began. Clarence M. Kelley, recognized and advocated the I wholeheartedly support this memorial. As I ." use of ballistic vests and training in night use of said at the recent dedication of the FBI's Hall of firearms. "The decline in officers killed is partially a Honor for fallen Special Agents, " ...they c.Ol.jld have result of technology, the development of Kevlar, the chosen professions that paid far more; 'aeman'ded': ballistic fiber used in soft body armor," according to much less, and presented few dangers. Instead FBI Director Webster, writing in this journal. Ten they chose to carry the badge . . . and accepted years before, Director Kelley pointed out that night­ the responsibility to do their duty." The same words time "and dimly lit situations predominate the en­ of tribute apply to every I""lace officer in this land of counters that prove fatal to law enforcement ours built on the . personnel." For this reason, the FBI then placed greater emphasis on training for these potentially dangerous nighttime encounters. The loss of 875 officers in a decade is, and William S. Sessions should be, sobering to every citizen. This repre­ Director sents more peace officers than all but the largest

April 1988 J 1 - tr .$11 De 4 ©[JOIIT1il@ [F)[J©[Q)~@IIT1il@ 1/4fDff(

'!fa uct Tampering "Since 1982, 12 people have died from poisioning of over-the­ counter drugs and food products."

By DAVID LANCE Security Manager, Heinz U.S.A. and Chairman, Security Committee National Food Processors Association Washington, DC

"Tampering is an insidious and warning. "Callers don't kill and killers example, in fake tampering cases, an terrible crime. It is a form of terrorism don't call," the saying goes. individual adds a harmful agent to a not unlike planting a bomb in some -Tampering is a copycat crime. product to make it appear that someone public place to gain media attention, Sensationalized news accounts in his or her household has been the notoriety, or some sick sense of control about a tampering threat nearly al­ victim of a random tampering. Or, the over human life." Dr. Frank E. Young, ways lead to more threats. offender makes false allegations of Commissioner, Food and Drug Admin­ -Nearly two-thirds of the threats are tampering, alerting the industry, the istration directed at retail stores. Those who media, a law enforcement agency, or make threats also contact food and others to a tampering that has not oc­ In 1986, the Federal Food and drug manufacturers, news organiza­ curred. Drug Administration (FDA) was in­ tions, and law enforcement agencies. Thieats to tamper and/or threats to volved in nearly 1,700 cases of actual allege tampering also occur. These -Products threatened are usually tampering or hoaxes. The FBI investi­ cases are often accompanied by an ef­ well-known national brands. gated over 300 of these incidents for fort to extort money or valuables. criminal conduct. Suspected tamper­ -There is no such thing as a Sometimes, a person seeks to have a ings or tampering complaints increased "tamper-proof" package. One who is store or manufacturer take some action 13-fold. In all such incidents, certain intent on carrying out the act will find (for example, remove a particular prod­ principles apply: a way to do so. uct from the shelves). Others threaten -Rarely is a threat to tamper ac­ Tampering offenses include the that a product has been poisoned. Usu­ tually carried out. Experience has rare act in which a product is actually ally, however, the threat is to falsely in­ shown that those intent on adding contaminated. Yet, there are additional form the news media that a product has poison to a product do so YJithout associated with this offense. For been contaminated.

20 I FBI Law Enforcement Bulletin Federal regulatory agencies re­ Who Tampers? spond to each and every consumer Dr. ParK Elliott Dietz, a professor of complaint about a food or drug, and law and psychiatry at the University of they investigate each tampering threat. Virginia who has studied the acts and motives of tamperers, commented, Product Seeding "What we know about tampering of­ In addition to tampering cases, fenders suggests that the vast majority food and drug manufacturers deal with of adult offenders are ordinary criminals many false reports by consumers alleg­ and con artists who commit offenses for ing that they were harmed by foreign a profit, revenge, thrills, and other mo­ objects or substances in their products. tives that lead such people to commit Mr. Lance Last year, in a wave of complaints other crimes. Despite the occasional fueled by extensive media coverage, terrorist or mentally ill tamperer, the evi­ there were more than 600 reports of dence to date suggests that most tamp­ glass in baby foods packed by a major ering springs from greed, anger, and baby food producer. hatred among immature and antisocial The Food and Drug Administration people, just as is true of other crimes. inspected the company's plants ana Product tamperers are part of our crim­ found them to be -of-the-art in inal population and will not turn their at­ terms of quality assurance procedures. tention elsewhere until they learn that The agency also inspected more than the only goal they can reach through 50,000 jars of the company's products tampering is a crowded jail ceiL" and found no of a problem in their manufacture. Many of the com­ Penalties for Tampering plaints were false claims by consumers Since 1982, 12 people have died seeking some monetary reward or from poisoning of over-the-counter other gain by claiming that glass in the drugs and food products. Cyanide, a products had caused them some injury. poison available from laboratory supply The Consumer Claims Division of houses and other sources, was used in the National Food Processors Associ­ each of these deaths. To date, one per­ ation (NFPA) investigates some 5,000 son has been charged in a tampering claims cases every year for NFPA case which resulted in two deaths in the member companies. In the course of State of Washington, but there is a investigating the baby food complaints, growing list of tamperers and hoaxers the industry developed a case against who have gone to jail. one individual with a prior criminal rec­ Many of those serving time were ord who had deliberately fed shards of convicted under tough enacted by glass to his retarded child. In another Congress after the Chicago Tylenol inCident, a disturbed woman sought of 1982. The Federal law car­ .:lamages after ingesting glass from a ries fines of up to $250,000 and prison broken mirror, claiming that it came terms ranging from 5 years to life for from a jar of baby food. tampering or falsely reporting tamper­ ing.

April 1988 I 21 ------

"Local authorities have over tampering cases because of the inherent threat to community health and safety."

The stiffest penalty to date was pany's sales losses may continue long Using the manufacturer's codes given Edward Arlen Marks, who tamp­ after it has been determined there was and other records, local investigators ered with Contac and other SmithKline never a real risk to the public. can determine when and where the Beckman products in an effort to profit product was manufactured and to from a decline in the company's stock. Investigative Allies which part of the country it was distrib­ A Florida ordered Marks to serve Local authorities have jurisdiction uted. It is not uncommon for a hoax 27 years under the Federal antitamper­ over tampering cases because of the caller to claim that a product with a par­ ing after a resulting from an inherent threat to community health and ticular code has been contaminated in extensive investigation conducted by safety. They may become involved in a certain city when the product was the FBI and the FDA. an investigation as a result of receiving never even shipped to that area. While the tough, new law is un­ the threat, learning about it from the In where it is legal, doubtedly a deterrent to would-be tam­ media, or being asked for assistance by manufac(urers and store operators perers, it hasn't stopped them. a retailer or manufacturer. often record incoming telephone calls. In carrying out its investigation, the They may have valuable tape record­ The Victims of Tampering local law enforcement agency has a ings of threats and otller suspicious FDA Commissioner Young has number of allies. The Food and Drug communications that can be used in a said that tampering holds us all hos­ Administration investigates all com­ criminal investigation.· tage-consumers, regulatory officials, plaints of tampering with foods, drugs, The National Food Processors As­ the news media, and those in law en­ and cosmetics. The U.S. Department of sociation maintains a "repeater" list of forcement agencies. Agriculture oversees meat, poultry, and "people" who have filed numerous News media representatives are egg products. The Federal Bureau of complaints about food products with the victims of tampering hoaxes, since Investigation, the FDA, and the USDA association's member companies. Law many of these criminals perform their share investigative responsibilities un­ enforcement agencies can consult with acts for no reason other than to see der the antitampering act. The three NFPA regarding the list and its con­ coverage of their crimes on television agencies regularly exchange informa­ tents. or read about it in newspapers. Law en­ tion and coordinate investigative activ­ forcement agencies devote valuable in­ ity. The FDA and the manufacturer Working with Retailers vestigative time and resources to should be among the first to be con­ Since most tampej:ing threats are tampering hoaxes at the expense of tacted during a tampering investigation. hoaxes, it is important t,hat the investi­ other duties. And, society in general The manufacturer of the product gation at the local fooCf'br retail outlet pays a price in terms of lost faith in con­ also can be a strong ally in tampering be handled in a way that doesn't call sumer products and higher retail prices. investigations. Manufacturers can pro­ attention to the threat. The industry has spent millions of vide valuable information, ranging from The Food Marketing Institute dollars to make its packaging tamper­ facts about codes used on the product (FMI), a national association whose resistant or tamper-evident. Added mil­ to information about how the product mP.mbers operate supermarkets, trains lions have gone into withdrawing prod­ was processed and packaged that may store employees in the proper ways to ucts that have been threatened by calls have a direct- bearing on whether a deal with tampering 'threats. FMI or letters. Even though virtually every tampering threat should be taken seri­ teaches supermarket operators that the threat is a hoax, the industry must react ously. first responsibility is protection of the as if the threats are real until it knows All manufacturers employ a series public. Customers must not have ac­ for certain that they are not. Smith Kline of screening processes to detect ob­ cess to threatened products. If a threat­ Beckman's removal of its products after jects which may have found their way ener has identified a particular product the threats by Mr. Marks cost the com­ into the product prior to the final clo­ as "contaminated," the first step is to pany more than $40 million. And a com- sure. This information may also assist take that product from store shelves. the law enforcement investigation.

22 I FBI Law Enforcement Bulletin ______The FMI recommends that store and drug manufacturing companies Summary employees handle the product in a have sizeable laboratories. Manufac­ Product tampering poses serious manner consistent with standard rules turers also employ independent testing threats to society's well-being. How­ for collection and presArvation of evi­ facilities and laboratories operated by ever, Federal agencies, law enforce­ dence, because these events may re­ organizations like the National Food ment, manufacturers, and retailers are sult in criminal prosecutions. The Processors Association. actively involved in protecting the public successful outcome of these cases from the dangers associated with these may be determined by fingerprint anal­ Minimizing Imitators threats. By working together to reduce ysis of the packaging and laboratory How a tampering investigation is the number of tampering claims, dis­ testing of the product, provided that the conducted can directly affect the out­ prove claimants, and apprehend the of­ evidence is handled properly and the come of a given case and help deter­ fenders, these organizations are claim of custody is maintained. mine if the community will be victimized counteracting the tactics of the product A product that has been removed by "copycat" criminals. To help assure tamperer. from shelves should be replaced as their own freedom of action, investiga­ quickly as possible with the same prod­ tors should avoid media attention until uct, bearing a differen~ code, from the the facts are known. store's stock room or warehouse. Re­ When the media become aware of moval of products from store shelves a tampering threat, the natural reaction should be limited only to the affected is to send reporters (and camera crews) product and codes, instead of simply to cover the incident. This can cause sweeping the shelves clean of entire the incident to mushroom, ultimately categories of products. generating new threats and spreading Products should be removed qUi­ the event beyond the initial crime scene etly and calmly so as not to panic cus­ to additional locations. tomers. It may be explained to Premature release of information shoppers that the store is taking inven­ to the media can cause undue alarm tory or simply a routine restocking of and failure to apprehend the perpetra­ shelves is taking place. If the customer tor. It may also hinder efforts to locate wants a package of the product being contaminated items. removed, FMI suggests that a store Many law enforcement agencies employee personally provide the cus­ handle their initial response to a tamp­ tomer with the same item from the stock ering cail as they might' handle a bomb room. threat. Instead of normal radio trans­ Closing the store is a last resort, a missions, they might use codes or other drastic action that nearly always is a means of communications. Instead of mistake. Not only does such action sending uniformed police to the crime cause lost revenue for the store, but it scene, they might rely upon plain­ also is upsetting to shoppers and is clothes investigators. sure to draw media attention. While there is a need to protect the Samples of the threatened product public from the risks of actual tampering should undergo complete laboratory episodes, premature or sensational analysis as quickly as possible. In ad­ press coverage of the thousands of dition to the ~aboratories operated by hoax threats only serves to cause panic the FDA, USDA, and FBI, many food and encourage more fake tamperings by the criminals in our society.

April 1988 I 23