The International Councilor Winter 2016

President’s Message 2017—Year of the In this Issue Sachit Kumar, CII President’s Message 1 Regional Meeting

Regional Meeting Summary 1 Dear CII takes shape Friends, From the Editor 2 4 Meetings on tap 2017 Marketing Plans 3 L o o k i n g The challenge was laid down back to the year 2016 New Members 3 to our Regional Directors and 2016, it is fair they accepted with zeal. For the US West Regional Meeting 4 enough to con- first time CII is supporting four Asia Regional Meeting 5 clude this has been a construc- regional meetings in the same Europe Regional Meeting 6 tive and a valuable year for calendar year: Panama AGM 7 the Council of International US West—January 26th Investigators (CII) and its Upcoming Survey 9 Bahia Resort members. Joining CII has been San Diego California Membership News 10 one of my finest decisions that See page 4 for details Derek Nally—Emeritus 11 I have made. The more I con- Asia—April 5—7 AGM Charity Donation 11 tributed, the more I have been Marina Bay Sands Hotel Watching the Detectives 12 rewarded. Singapore Feature Articles 13-20 I would like to once again See page 5 for details Results & Conclusions of thank all the members, who Criminal Governance in have actively contributed to Europe—May 12—14 African Cities 13-14 the CII. Its approach and will- Grand Union Hotel 10 Random Thoughts on ingness of growing together is Ljubljana Slovenia Ethics 15-20 commendable and hence all See page 6 for details members should actively par-

The International ticipate in its functioning in Canada—May 26—27 Councilor order to get maximum benefit Niagara Falls Ontario from its incredible worldwide Editor More details to follow Lois Colley reputation. Associate Editors Ruth Hoffmann Sales The final phase of revamp- Lauren Colley-Sowers ing the bylaws are close to Winter 2016 ready. Anne Styren and All Rights Reserved Continued on page 8

Editor’s Message by Lois Colley

Happy New Year to our members who celebrated the New Year on January 1. The most dramatic change in date for the New Year occurred in 45 BC, after Julius Caesar issued an edict syncing the calendar with the sun instead of the moon. That resulted in an official shift of the new year but it wasn’t until 1582 that the Gregorian calendar established the new year as January 1. Since that time, most of the world has con- formed to the calendar established by the Romans. Several cultures still celebrate a more traditional new year. This year, the Chinese New Year, which lasts for a month, occurs on January 28, 2017. Rosh Hasha- nah will be celebrated from September 20-22. Diwali (Hindu calendar) will be October 19. The Islamic New Year is September 21 and prior to the 1940’s, New Year’s Day was celebrated on March 1 in India. Whether you are eating dumplings, grapes or wheat noodles to acknowledge the new year, one thing is for sure, it’s an opportunity for a fresh start.

Read on in this edition of The Councilor. New member Mamoudou Ndiaye provides an insightful synopsis of crime in South Africa and Steve Kirby weighs in on ethics for all of us. Catch the regional meeting an- nouncements and mark your calendar accordingly. In the meantime, best wishes to all for a safe and prosperous 2017

Submissions Wanted Advertise in the Your hard working Editor-in-Chief, Lois Colley, is looking for well written, well Councilor! researched, informative articles for future The Councilor is offering members only editions of the Councilor. Please forward the opportunity to advertise their ser- them to Lois at [email protected]. vices in the Councilor for the 4 editions being published in 2017. Rates are: We are also looking for more extensive ar- 1/2 page—4 editions—$500 ticles for the CII educational website as 1/4 page—4 editions—$300 well as tutorial videos. For more infor- 1/8 page—4 editions—$200 mation about how to share your knowledge contact Steve Kirby at Bus. Card—4 editions—$150 [email protected] To advertise contact Steve Kirby at [email protected]

2 CII goes to market 2016 brings in record number of new members In the continuing effort to market CII mem- Between January 1 and December 31, the Council bers’ collective talents to other associations and welcomed 39 new members from 17 countries into in an effort to recruit quality members CII has in- our ranks. Each of these new members was carefully vested in exhibiting at conferences throughout vetted under the watchful eye of Executive Regional the world. Director Galen Clements and reviewed by the Board. In 2015 CII exhibited in Singapore at the Inter- CII is pleased with this steady growth in qualified pol conference. In 2016 we promoted our mem- members, particularly in countries where we have bership at the Association of Certified Fraud Ex- never had members before. This affords our mem- aminers (ACFE) international conference in Las bers and their clients trusted associates and allows us Vegas and at the ASIS regional conference in New to expand our professional services. York City. We also met with the Alliance of Busi- New members in 2016 ness Lawyers, an international association of Canada South Africa prominent legal talent, and are in the process of Jeremy King Kyle Condon crafting a mutually beneficial relationship. Domenico Sturino Spain This year, the Council has already committed Croatia Julian Peribanez Ruiz to exhibiting at the NALI Mid Year Meeting in San Miroslav Klarica Oscar Rosa Toni Tamarit Diego in January; the ACFE conference in Nash- Cyprus ville; and the Milipol / Securex exhibition and Polys Kyriacou Turkey Derya Topal conference in Singapore. If any members are Denmark planning on attending those meeting, be sure to Uffe Bodeholt United Kingdom George McKillop stop by and visit our booth. We are also looking Germany Claudio Loiodice for volunteers to spend time at the booth, help- Kai Messmann Gary Peace ing promote CII and its members. Hong Kong United States David Chu We are also considering additional venues to Jessica Barbieri Philip Fung showcase our organization, including the RIMS William Breen conference in Philadelphia in April. If anyone is India Zachary Fechheimer Harpal Bansal Dina Gaspari planning on attending that conference, please Sanjay Kaushik Jonathan Girard contact Steve Kirby at the CII office. Neal Gossett Indonesia Hugo Harmatz Members who have been particularly involved Peter Coleman Richard Kenney in pushing this endeavor and hosting the booths Israel William McIntyre include: Sachit Kumar; Ponno Kalastree; Sant Sam Zonensein Patrick Murphy Kaur-Jayaram; Marc Reed; Ryan Colley; Steve Lev- Netherland Antilles Russell Ricalde ine; Sandra Stibbards; Don Johnson; Nancy Bar- Randolf Blomont Tina Skirvin Paul Starrett ber; George Michael Newman; and Sheila Pon- Northern Ireland Nancy Swaim nosamy John Withers Anthony Thomas Senegal Ann Tenpenny Mamoudou Ndiaye 3 C.I.I. U.S. WEST REGIONAL MEETING JANUARY 26, 2017 BAHIA RESORT HOTEL 998 W. MISSION BAY DRIVE SAN DIEGO For hotel reservations and to receive group rate click here now Bahia Resort Hotel IN CONJUCTION WITH NATIONAL ASSOCIATION OF LEGAL INVESTIGATORS (NALI) MID WINTER MEETING JANUARY 27 – 28, 2017 To register for the NALI conference at the NALI member rate click here Attendee Online Registration Thursday, January 26, 2017 – CII REGIONAL MEETING AGENDA 1:00 PM – 1:30 PM – Welcome and CII update – Nancy Barber & Steve Kirby 1:30 PM – 2:30 PM – Seminar – Social Media Investigations - Jose Newman 2:30 PM – 3:00 PM – Networking with snacks (Hosted by Nancy Barber) Welcome address from NALI by Don Johnson, National Director 3:00 PM – 4:00 PM - Seminar – International Human Trafficking Summer Stephan – San Diego Assistant District Attorney 5:30 PM – 7:00 PM – NALI Hosted Cocktail Reception – National Director’s Reception 7:30 PM – 10:00 PM – Casual group dinner – “No Host” – CII & NALI members welcome

Friday, January 27, 2017 – NALI CONFERENCE 9:00 AM – 5:00 PM – CII Exhibitor Booth 9:00 AM – 5:00 PM – NALI Seminars - 8 CEUs (Must be registered through NALI to attend)

Saturday, January 28, 2017 – NALI CONFERENCE 8:00 AM – 11:00 AM – CII Exhibitor Booth 8:00 AM – 1:00 PM – NALI Seminars - 4 CEUs (Must be registered through NALI to attend)

NALI SEMINARS Attendee Online Registration (CII members must register to attend) Shooting Incidents and Surveillance Video Analysis - Bruce Krell, PhD The Thin Blue Line- Investigating Police Misconduct - Kevin McClain, PI, CCDI Vehicular Incident Reconstruction - Steve Plourd, PI Representing Mexican Nationals in Criminal Courts -John Cotsirilos, Esq./A. “Chevy” Echeverria, PI Examining Forensics - Hon. Christopher J. Plourd Introduction to the Military’s Defense Services Organization (DSO) - Kate Coyne, Esq. Discerning Issues in the Concept of Habeas Corpus - Elizabeth Missakian, Esq. Addressing 10 Pitfalls in the Attorney/Investigator Working Relationship - Jodi Thorp, Esq. A Marriage of Mutual Respect & Responsibility: Attorneys, Investigators & the Media - J. W. August In Tandem: Perspectives Relative to Cohesive Pre-Judicial and Judicial Endeavors; Bringing the Investigation into the Courtroom - Hon. Kenneth J. Medel

4 CII Asia Regional Meeting 5 April 2017 Marina Bay Sands Hotel Singapore SECUREX-ASIA 2017 In conjunction with Milipol-Asia 2017 (4 to 6 April 2017)

SECUREX-ASIA 2017 and CII Regional Meeting on 5 April 2017 at US $250 per person (20% discount for CII members). Registration includes Networking Evening Reception on 4 April 2017, full day conference with lunch, 2 refreshments and documentation. TO REGISTER TODAY CLICK HERE Registration Form PDF Agenda

Opening Addresses Major (ret) Ponno Kalastree—Regional Director CII Mr. T. Morgan—President Security Association Singapore Mr. Sachit Kumar—President, CII Keynote Address—The Inevitable Marriage - Alliance between Public and Private Security Anselm Lopez, Director Strategic Relations Directorate, Ministry of Home Affairs, Singapore Seminar Topics Terror Beyond Borders - Prof. Kumar Ramakrishna Cyber Warfare as the Emerging Face of New Terror—Mr. Troy Wilkinson Converging Intelligence With Security Controls in The Real & Cyber World—Earl Johnson, CII Human Targets - Executive Protection as New Corporate Risk Management– David Chu, CII Investigating Forensic Truths in Security Hazards—Dr. Michael Tay Ming Kiong Technology Forum & Demonstration Private CSI at work—Forensic Expert Group Product Demonstrations from Milipol Exhibitors

Eyes Wide Open—Understanding Drone Technology Smooth Operator—Smart Security for Intelligent Buildings What Lies Beneath—Access Control Systems ACE in Surveillance - Espionage and Counter espionage technology

For questions or further information email [email protected]

To book your accommodation, please do so directly at www.milipolasiapacific.com/usefulinfo/hotels

HOTEL RATES with Breakfast and Internet TILL 5 MARCH 2017

Marina Bay Sands (5 star) - $360 ++ per night single Marina Mandarin (5 star) - $240 ++ per night single Premier Inn (3.5 star) - $170 ++ per night single

5 CII Regional Meeting 2017 Ljubljana, sLOVEnia Friday, May 12th – Sunday, May 14th Hosted by Bernarda Skrabar [email protected]

Regional meeting 2017 will be held in the centre of the city of Ljubljana, the capital of Slovenia. Ljubljana is European Green Capital 2016 (more about Ljubljana: https://www.visitljubljana.com/en/visitors/).

The main events will take in Grand Hotel Union. Grand Hotel Union is located in the center of city, where will be possibili- ties for accommodation.

Please let Bernarda Skrabar [email protected] know as soon as possible for reservations, because in May is the high season and the Hotel will be booked soon. Other options for overnight accommodation will be published later.

Watch your listserv email for notice of a website created where you will find all the event activities, any changes, bookings, etc.

Schedule of Events Friday, 12 May 2017

14.00 – 18.00 Check in (transport from the airport will be organized according to your arrivals) 18.00 - 18.30 The ceremonial welcoming guests 18.30 – 20.00 The ceremonial opening event 20.30 - Dinner with recognized Slovenian chef in JB Restaurant Among the invitees at the opening ceremony will be: the dean of the Faculty of Criminal Justice and Security, a rep- resentative of Slovenian managers, a representative of the Slovenian government (the President of Slovenia has been invited and may attend) and journalists.

Dinner will be held in JB Restaurant in downtown Ljubljana, Slovenia, which is S. Pellegrino’s Top 100 World’s Best Restaurant. Saturday, 13 May 2017 10.00 – 13.00 View of the old town, boat ride, testing Slovenian wine and dishes 13.00 – 17.00 Free time for optional lunch (we will recommend some restaurants with typical Slovenian food). 17.00 – 19.00 CII Meeting + short lecture 19.30 - Dinner at the Ljubljana castle tower with a recognized Slovenian chef Sunday, 14 May 2017

9.00 -Several possible tours. It will be published on the website, according to your wishes will be chosen the one that will have the most participants.

If you want to stay in Slovenia for more days, we will prepare special options sightseeing, accommodation at differ- ent places.

For any information, recommendations, and booking we will be available.

We are looking forward to seeing you in Ljubljana! 6 Plans for a fantastic 2017 AGM underway! Panama - September 12—16, 2017

Mark your calendar for September 12—16, 2017 to attend the 63rd Annual General Meeting in Panama City, Pan- ama. This exotic venue has much to offer and host Brett Mikkelson is planning on an unforgettable four days for all who attend. The venue is set for the classic El Panama Hotel, located in the heard of Panama City. Most amazing is that the rates for this luxurious hotel are $90 for a single; $135 for a junior suite; and $160 for a luxury full suite. Flights to Panama city are also inexpensive and there are non-stops from many major hubs worldwide. Copa Air is the national airline of Panama.

The registration fee will remain at $450 USD, which is what it has been the past three years. Registration will open on the CII website in February. Notices when registration opens will be sent out over the listserv. The elegant El Panama Hotel This will be a classic CII AGM, full of fun and education with a Latin flavor. Brett has arranged for a perfect mix of social networking outings including: a local cuisine dinner at the renowned Las Tinajas, with a cultural show; a Pana- ma pub crawl by bus; golf outing: and more. Of course there will also be the traditional opening cocktail reception; awards luncheon; formal banquet: and a hospitality suite under a poolside cabana. Complimenting all the fun, Brett has arranged an amazing group of seminar speakers on such timely topics as in- tellectual property investigations; the takedown of WISA, one of the largest money laundering schemes in the world; the back story of the Panama Papers; and much, much more. Of course no trip to Panama would be complete without a tour of one of the 7 Wonders of the World, the Pana- ma Canal. Tours are being planned and will be an add on to the registration.

So, watch your emails and the CII website for more details as plans progress. This will be a conference that won’t be soon forgotten.

7 President’s Message continued from page 1 her team are working hard to ensure it’s already in the next quarter. Our Education Committee have also proposed additional Webinars in our training plat- form. The Marketing & Public Relations Committee has recently participated in the “The Alliance of Business Lawyers” (ABL) Conference in Miami, Florida 16-19 November 2016. Ryan Colley and Steve Kirby were present to show the ABL the best face of CII and this endeavour will hopefully generate possible opportunities to collaborate with ABL. The CII has once again confirmed its participation in The Association of Certified Fraud Examiners hosting their an- nual conference in Nashville in June 2017. We are also actively looking at events in Europe and Asia where we could participate to showcase CII. I urge you all to continuously visit the CII website to keep you updated about the upcom- ing events and changes that are going on. Also, if you have any news releases, educational ar- ticles or other valuable information to share, kindly forward to our Editor Lois Colley or Steve Kirby, our Executive Director, who are doing an incredible job on the Councilor. I invite you all to be more and more active by participating in Regional Meetings, AGM in the year 2017 etc. in order to make our Association stronger and bigger day by day

i) US West Regional Meeting San Diego January 26-27 ii) Asia Regional Meeting Singapore April 5-7 iii) Europe Regional Meeting Slovenia May 12-14 iv) Canada Regional Meeting Niagara Falls May 26-27 v) AGM Panama September 12-16

I wish you and your families a wonderful The Executive Board of CII and safe holiday season and a prosperous 2017! Yours, wishes all members Sachit Kumar President Council of International Investigators

8 The Board wants your input—Time for a new CII survey

Submitted by Anne Styren, Vice President Dear CII members, best wishes for an amazing 2017 CII year!

2017 looks to be a productive and interesting CII year. Our President Kumar has dedicated the 2016/2017 CII year to improving membership value and in order to facilitate that plan the Board has requested that the members be surveyed for direction. You might remember the last survey. During the fall of 2013 the members were surveyed, focusing on questions relating to the CII meetings and CII marketing. The survey received an amazing response as more than half of the membership replied providing valuable input that has influenced and guided the direction of CII since that time. The most visible result is perhaps the demand for more regional meetings; a steady increase can be seen with three or perhaps four planned for this year! But information gets dated very quickly and it’s time for an update.

This 2017 survey will aim for some very specific benefits. It has been suggested several times that our current membership database could be improved a little to make it more useful not only for ourselves as CII members but also for potential clients. So part of this new survey will deal with each of us; our expertise areas and the services we provide. We will also attempt to determine what client groups are most important to the membership, which will help the CII market our services better to specific client groups and thereby attract more business to all. Another focus of the upcoming survey is for members to list specialities or areas of expertise in which they might like to participate in dedicated training or education (as lecturers or participants). By specifying such interests, it will be easier for us as members to find peers to discuss topics of interest, as well as enhancing interaction between members beyond the AGM Conference and regional meetings. Finally the results from the survey might also indicate areas where the CII can improve the CII’s position among CII Executive Board the many organizations for investigators that currently compete for members. 2016—2017

When and where? Officers The survey will be launched soon. It will be conducted in Sachit Kumar— India—President the same manner as the 2013 survey. We will post the survey on the “Members’ Only” page on our CII website. Anne Styren—Sweden—Vice President As the survey is designed to enhance our member- Marc Reed—Canada—Secretary ship experience, we ask that all members participate. It’ll not be anonymous, but the questions are factual and I Jacob Lapid—Israel—Treasurer hope you’ll see their usefulness for the development of the CII. Board Members We look forward to getting your input, Toine Goorts—Netherlands On behalf of the CII Executive Board and the Membership Sant Kaur Jayaram—Singapore Survey team, Ryan Colley—USA Anne Styren Bob Fenech—USA CII Vice President 2015-2017. David MacLeod– Australia

9 MEMBERSHIP NEWS Newest Members Current Membership Numbers WELCOME

Certified 303 Affiliate 10 Anthony Thomas, QII Qualified 16 Honorary 7 Transnational Solutions,, Inc. Associate 1 Emeritus 5 Daphne, Alabama, USA Senior 22 Applicants 5 Total Membership 364 Tina Skirvin, CII Trace Investigations Countries Represented—64 Bloomington, Indiana USA Continents Represented—6

Oscar Rosa, CII Contrasta 2 PENDING APPLICANTS Malaga (Madrid) Spain

Manabendra Bandyopadhay Zachary Fechheimer, CII Kara Nazar Zachary Fechheimer Kolkata (Calcutta) India San Francisco, California USA

Eric Flores Randolf Blomont, CII Corinproinca Group RB Investigations Caracas Venezuela Saint Maarten

Netherland Antilles Cypri Yu

Binary Solutions Limited Hong Kong China Domenico Sturino CII Centric Investigation Services Woodbridge (Toronto) Canada Gerald Smith

(former member) BPG Consultants Jessica Barbieri, CII North Williamstown PDI Investigations Victoria Australia Clayton (St. Louis) Missouri USA

James Klingensmith Alexis Pfefferle (former member) Heptagone Digital Risk Management Protective Circles Geneva Switzerland Fort Meyers Florida USA

More information about the applicants can be 39 NEW MEMBERS IN 2016! found on the CII website. Anyone with knowledge of these applicant’s qualifications can contact Galen Clements at Change in Membership Status [email protected] Derek Nally, from Senior to Emeritus Jiaguo Sheng from Qualified to Certified (Remember no posting about Robert Dudash from Certified to Senior applicants on the listserv)

10 Derek Nally Awarded Emeritus Status One of CII’s favorite sons, Derek Nally of Bunclody Ireland, has been awarded CII’s highest membership designation by unanimous vote of the Executive Board. Emeritus Membership has only been awarded to six members in Council history. In granting this designation, the Board noted that as a member since 1985, Derek has served numerous Council offices includ- ing President and Board Chairman. He has also hosted three AGM’s in Ireland. Derek has raised the Council’s standing by arranging for such notables as Edna Kenny, the Taoiseach (Prime Minister) of Ireland, and Pat Cox, the European Union President address our AGM. Moreover, Derek’s wise and ethical counsel has help guide CII though the past several years. Prior to starting his agency in southwest Ireland, Derek served with the Guardia (Police) in several capaci- ties, including Detective Sergeant. He eventually was elected to head the Police Union, which he served with distinction for several years. Derek also founded Victim’s Support, a non profit organization in Ireland re- nowned for aiding the victims of crime and domestic terrorism. Most notable, he was a serious candidate for the Presidency of the Republic of Ireland in 1998. Although not elected, Ireland’s loss was CII’s gain as in 1999 Derek was voted President of the Council. Now retired, Derek still remains active in Council affairs and is planning on attending the AGM in Panama with his lovely wife Joan. Congratulations Mr. Nally on this honor; your contributions to the Council; and your incredible career.

2017 Dues are being collected If you haven’t paid your 2017 dues yet please Click here or go to the Members Only Page of the CII website If you are unsure if you paid your 2017 dues feel free to contact the CII office at [email protected]

11 Watching the Detectives Submitted by Steve Kirby

Ajit Singh was awarded the Investigation Leadership Award by Former Prime Minister of India, Sh. H. D. Deve Gowda, during the Security Skills & Leadership Summit held in Bangalore India November 13—14, 2017 while longtime CII member Kunwar Vikram Singh looked on… Also from India, Sanjay Kaushik was honored by the Honourable Justice Sid- dharth Mridul for "Outstanding contribution in the field of risk management and forensics" during celebration of 67th Constitution day by Indian National Bar Association…Councilor Editor Lois Colley and Jim Carino are both speaking at the Intellenet Security Consulting Workshop being held January 12—13, in Alachua Florida….Derek Nally Ajit Singh honored as Kunwar celebrated his 80th Birthday on December 4th. As could be Vikram Singh looks on expected, the partying went on for several days with CII Michael Bennett & Jim Kirby members Michael Bennett, James Gahan, Tony Fagin, and help Derek celebrate his 80th the Kirby Brothers, as well as family, friends and the “Five O’clock birthday Club” joining in the festivities...Francie Koehler has not been resting on her laurels, or resting at all for that matter. When not jumping out of airplanes, Francie has been taking part in several road races, win- ning her age category in several. And I thought that she traveled by Harley...Maurice & Chandra Amres are also both getting exercise. Francie with Chandra by mowing and Maurice by supervising and keeping Chandra both cool and hydrated…. Nothing worse than a bad dentist and Walt her medal Atwood ran into one. The malpractice has set Walt back a bit but he is on the way to recovery and looking forward to seeing you all in Pana- ma….Steve Rambam’s radio program, Justice Radio can be heard in the Tex- as Hill Country every Wednesday at morning drive time 8AM to 9AM and over Chandra working hard— the internet at kerv1230.com. Steve invites colleagues to call in at 830-282-1543 Maurice not so much

CII raises huge sum to benefit Swedish police Thanks to the generosity of members attending the 62nd AGM in Gothenburg Sweden, co-host Niclas Franklin was able to present a donation to the Polisskadestiftelsen (Swedish Police Foundation) for the benefit of Swedish law enforcement injured during the line of duty. At a raucous, full of laugh auction, the members contributed $3,335 USD (28,404.50 SEK) to this worthwhile organization. A certificate commemorating the donation was also present- ed. CII is pleased to continue to make these contributions—always made possible by the generosity of our mem- bers.

The Council of International Investigators In respect and gratitude of the assistance Polisskadestiftelsen provides to those injured in the service to the citizens of Sweden offers this $3,335 donation from the members who attended our 62nd Annual General Meeting in Gothenburg August 23-27, 2016 In honor of those who sacrificed so much

12 Feature Article

Results and Conclusion of Criminal Governance in African Cities

By Mamoudou Ndiaye, CII [email protected] Funded by the International Development & Research Centre (IDRC) by CII member Mamoudou Ndiaye ([email protected])

Due to the escalation of illegal enterprise, or market- Report of the National Financial Intelligence Processing based crime in Dakar, appearing as the trafficking of Unit (CENTIF), revealed to judicial authorities, that cyber- drugs, human beings, pharmaceuticals, and other com- crime and Internet scams are the most common underly- modities, a study of the impact of crime networks on the ing crimes (25 per cent) followed using forged documents structures of governance in Cape Town (South Africa) & (19 per cent). Dakar (Senegal) was conducted by the International De- Thirty-three (33) individuals were involved in drug velopment & Research Center (IDRC) between July 2011 and August 2014. The analysis included a review of Judi- trafficking; twenty-five (25) under arrest and detained, cial record (Cour d’Assises de Dakar) and the Crime inves- waiting for ‘’Dakar Cour d’Assis- Drug trafficking and tigation record (Section de Recherches Gendarmeriees ’’ proceedings; eighteen (18) money laundering Dakar). The Institute of Security Studies (ISS) conducted were convicted and sentenced are the two crimi- research into criminal markets, their foundations, and for drug trafficking account. nal markets where their core networks. The institutional response often be- Among those, thirteen (13) are ing denial or an under-estimation of the challenge was Senegalese nationals, one (1) organized crime noted. Eastern European citizen and appears to be most - Several criminal markets emerged in Dakar in recent four (4) originally from the Eco- active years as revealed by media reports, statistics from law nomic Community of West Afri- enforcement services and court of justice records. These can States (ECOWAS) sub-region. Out of those eighteen markets include: drug trafficking; human trafficking; pira- that were convicted and sentenced to drug trafficking cy and counterfeiting; trafficking of pharmaceuticals; cybercrime; and money laundering. The situation in Sen- offenses eight (8) were convicted and sentenced for egal becomes alarming in terms of organized crime, as trafficking heroin and hashish, seven (7) marijuana, and the occurrence and quantity have increased dramatical- three (03) for cocaine. ly. This is most likely due to authorities being negligent Total quantity of seized prohibited product was: mari- or lenient because of the belief that drug trafficking, drug use, and organized crime only occur in Europe and juana 864 kgs, cocaine 26,885 kgs, hashish 106 grs, and America and are not common to Senegal. heroin 93 kepas that are small wrapped quantities. Infor- mation on drug routes and destinations are not clear Drug trafficking and money laundering are the two from official records; nevertheless, residual information criminal markets where organized crime appears to be showed that drugs were coming from neighboring coun- most active. Important seizures of prohibited products tries, primarily from Mali Republic as well as from over- and arrests have been conducted over recent months seas by air. The cocaine was coming by boat, from the which have drawn more attention to drug trafficking. The trafficking market is obviously interconnected to money southern part of the territory, and by air, from Sao Paulo laundering, cybercrime and corruption. Dakar ‘’Cour Brazil. d’Assises’’ that is holding trials of the most serious viola- The above mentioned related drug trafficking data tions including drug trafficking involving quantities of resulted from twelve decisions of Dakar Appeal Court more than a kilogram, has released twelve (12) decisions during “Cour d’ Assises session 2011 and 2012. . during session 2011 and session 2012. The 2011 Annual Continued on next page

13 Results and Conclusion of Criminal Governance in African Cities By Mamoudou Ndiaye [email protected] Continued from previous page

Naturally those decisions are subject to appeal pro- ment and criminal justice cooperation, and a framework ceedings. Dakar Appeal Court had been selected as time and guidelines for criminal policy. Senegal has ratified the was running out and Dakar Appeal Court of Justice is peri- convention and unfortunately was not incorporated into the positive law. This may be because most decision- odically hosting trial sessions to examine most serious makers are not aware or simply ignore the impact of violations including drug trafficking when the quantity of organized crime on human security. the product involved is equal or more than a kilogram This originated from ‘’the bill Latif Gueye (2007-31) There is need to fill an important gap in terms of col- on criminalization of international hard drug trafficking.’’ lecting public sources of information, interviewing sus- pects and witnesses in related-organized crime issues. ‘’The bill Latif Gueye’’ is still being challenged by Magis- trates, but it offers possibility to trial before ‘’Cour Criminal records are public source of information d’Assises defendants involved in hard drug trafficking or and cannot be access unless being part of the judicial pro- where quantity of drug seized is equal to a kilogram. This cess. There is no Senegal law report. offers opportunity to collect information on drug traffick- Records where accessible are not computerized. It ing and for future law enforcement needs. is highly recommended for criminal investigators, magis- trates and law enforcement officers in general, to go Organized crime is Research was restricted for many reasons including: official through organized crime training programs for better un- negatively im- records that were not easy to ac- derstanding of the concepts and to increase efficacy. As pacting the coun- cess; records that were not com- well a witness protection system should be established try on socio- prehensive; known drug traffickers for securing people who might possess direct information and willing to assist or cooperate. There is as well a need economic and routinely avoiding arrest; no wit- ness protection system which re- for institutional reform which requires comprehensive political levels sults in no witness availability and political and security changes such as adopting a new visa when there are witnesses, his or her credibility is ques- policy with neighboring countries, law enforcement coop- tioned. The failure to locate comprehensive records has eration with neighboring states, applying rule of law, and negatively impacted the ability to complete a Social Net- border control. -End work Analysis. Mamoudou Ndiaye is Certified Fraud Examiner Organized crime is negatively impacting the country and has recently joined the Council of Interna- on socio-economic and political levels. The loss of liveli- tional Investigators. He is currently founder and Managing Director of Banel Mossane Consultan- hood, tax evasion, loss of entrepreneurial skills, and a cy in Dakar, Senegal West Africa. Ndiaye is a thriving black market are some examples of the economic former official of the State of Senegal with a damages. Social harms are drug abuse, human trafficking, knowledge, and extensive and a proven profes- unemployment and immigration. Lack of trust in state sional experience at the national and international levels, and institutions is the primary political harm. with a various academic career. He has completed a Master’s Degree in Human Resources Planning & Development in India, a Senegal’s legislation should be aligned with interna- Maitrise Es-Sciences Juridiques in Law in Dakar, a Second Year tional instruments that guide organized crime. Palermo University in Political Science in Saint-Louis and several relevant Convention is the first binding international legal instru- training programs including: Specialization Course on Organized ment in the criminal justice field. It focused on the adop- crime in Austria and Social Network Analysis. He is fluent in tion of: technical assistance, facilitation of law enforce- French and English languages

14 Feature Article Ten Random Thoughts on Ethics (While looking for loopholes)

Steven Kirby, CII

Based upon popular culture and how we are presented by not. No corporate ethical code or program will make an Hollywood, ethics in private investigations would most individual morally responsible, just as the penal code likely be considered the proverbial oxymoron. Despite the doesn’t prevent criminals from committing crimes. An increasing sophistication of the profession, movies and ethical approach to business matters or professional con- television portray us all as computer hackers, burglars, duct implicitly defines behavior beyond such catch phone tappers, and bribers, (not to mention brawlers and phrases as “corporate social responsibility” or “corporate sharpshooters). Unfortunately, occasionally a few of our code of conduct.” Many corporate ethical statements are true life brethren perpetuate that stereotype by engaging no more than a public relations statement that says, in at best unprofessional behavior and at worst criminal “Look, we really are good guys so buy our product.” behavior. A business entity can’t have an ethical or value based Of course, in fact, most private investigators are unbiased moral code. The corporation itself doesn’t make decisions fact finders, who follow the law; secure evidence that can that define moral values. The so called corporate values be brought to trial; and conduct their business affairs in a are actually the sum total of the behavior of the employ- principled manner. The ethical investigator usually ees. The people who have these values in all phases of doesn’t make headlines. It is the investigator who justi- their lives will naturally have them in business dealings. fies the ends regardless of the means, whose bad behav- The executives can foster the right environment to en- ior often results in bad headlines and bad laws. courage ethical behavior by their own conduct and by setting the tone. Even though, a corporate executive’s The concept of ethical behavior is as old as civilization. responsibilities generally will be to make as much money Socrates and Plato both discussed it; the ancient prophets as possible for the firm or the stockholders, the ethical preached it; and religious tenets are based upon the very CEO will do so while conforming to a moral code. Ethics foundation of ethics. Yet still today, thousands of years are not simply following what’s posted on a company after the concept of ethics began to evolve, people are website. True principals and beliefs are ingrained in the still debating what is or isn’t ethical; constantly pushing individual. the ethical envelope; and more often than not, looking for loopholes. In considering ethics for the investigator here 2. Ethical conduct is not always easy – but it’s not com- are ten random thoughts on the subject: plicated. 1. There is no such thing as business ethics (or investiga- It’s easy to be ethical when there is nothing on the line. If tor ethics). a store clerk gives an extra dollar in change, for most it’s not a difficult decision to give it back. Similarly, if a poten- All true ethical behavior involves a conscientious choice to tial client asks us to violate the law or engage in unethical act in a principled manner. Ethical choices involve an in- acts for a $100 case – how difficult is it to turn that busi- ternalized moral code that individuals either have or do ness down? Real ethical challenges come when the cost

Continued on next page 15 Certainly laws and morality are interconnected but they 10 Random Thoughts on Ethics are not the same. Laws evolve over time. At one time Continued from page 15 slavery was legal. We need laws to reflect our morality – not our morality to reflect what is written. No less an au- of being ethical is more than we would like to pay. For thority on the law than former Supreme Court Justice example, how do we handle a valuable attorney client who Potter Stewart nailed it when he said, “Ethics is knowing asks us to alter or delete facts in a report so as to make the difference between what you have a right to do and the interview summary more favorable, knowing it’s going what is right to do.” Philosopher Immanuel Kant wrote, to be turned over to the other side in discovery? Or that “In law man is guilty when he violates the rights of others. same attorney asks us to “fudge the truth” when testify- In ethics he is guilty if he only thinks of doing so.” Ethics ing. What do we do when telling the truth may cost a cli- goes beyond the letter of the law. ent, money, peer approval, or damage our business? 4. The Golden Rule – Ethics for Idiots. That’s when it becomes difficult to do the right thing. A basic tenet of Christianity is “Do unto others as you Ethical conduct even becomes Real ethical would have them do unto you.” So simple yet so pro- more troublesome when one found. And it is part and parcel of every religion: challenges come needs to stand up, adopt a moral when the cost of stance, and have a conviction that Islam – “None of you is a believer until he loves for being ethical is goes against others. The courage his neighbor what he loves for himself.” more than we of one’s convictions comes in not Hinduism – “This is the sum of duty – do naught just acting personally but standing unto others what you would not have them do to would like to pay up and being counted. As Irish you.” philosopher Edmund Burke wrote Judaism –“What is hateful to you, do not do to over 200 years ago, “Evil triumphs when good men do your fellow man. This is the entire law. The rest is nothing.” just commentary. “ The simplicity of ethics is that if an individual just acts as if Similar sentiments can be found in the writings of Zoroas- they are always being watched then they will most likely trianism, Confucianism, Buddhism, and Bahia. act in the right manner. The irony is that we are being watched – by our clients; our employees; our associates; No one wants to be lied to, cheated, taken unfair ad- our profession’s critics; lawmakers; and the media; to vantage of, or mistreated. If we treat people like we want name some. Even more simply, if we have the right atti- to be treated then doing the right thing, indeed being the tude and maintain a strong center, then ethical behavior is right thing, will automatically follow. If we live the Golden much simpler. Carl Sandburg once wrote, “I had taken a Rule, we will focus less on self and more on others and course on ethics. I read a thick textbook, heard the class that is a natural pathway to a principled life. discussions, and came out of it saying I hadn’t learned a 5. Why be ethical? thing I didn’t know about morals and what’s right or Aside from never really having to look over one’s shoulder, wrong in human conduct.” Or as the title of a best seller ethical behavior has many positives. It makes you feel once claimed, “Everything I Needed to Know I learned in better about yourself. People will view the honest person Kindergarten.” in a positive light. It leads to a positive legacy. The job will 3. Laws should not define ethics. Legal doesn’t mean be easier. With ethical dealings come better clients, asso- moral. ciates, employees and friends. And in the long run, if a If we only subscribe to a standard of legal requirements to person serves the greater good this behavior will also define our ethics we miss the point. We can do better. serve business interests. The ethical investigator will ac- Continued on nest page

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10 Random Thoughts on Ethics Bernie Madoff– Continued from page 16 Failure: Ran one of the largest Ponzi schemes ever uncovered. complish greater prestige, which promotes professional Consequences: Billions lost / stolen; 150 status and an enhanced reputation, affording more oppor- years in prison; son Mark committed suicide tunities at higher billing rates. All of this leads to a more healthy business environment. In a research study by the Catholic Church – Institute of Business Ethics it was found that companies Failure: Covered up systematic child abuse that have a clear commitment to ethical conduct consist- Consequences: Abuse continued; huge juror ently outperform companies that do not display ethical awards; dioceses filed bankruptcy; loss of behavior. moral credibility A basic tenet of Christi- On the other hand – has Illinois Politicians— anyone who lived a life anity is “Do unto others Failure: Systematic corruption at all level full of shortcuts, decep- as you would have Consequences: Previous two governors sent to federal prison; state is broke; no tion, dishonesty, and them do unto you.” cheating finished well? one trusts anyone; 140,000 citizens left Illinois in Ultimately no one is So simple yet so 2016. above the law and one profound. Private Investigators- really never knows what And it is part and parcel Failure # 1 – Anthony Pelicanno – wire tapping; ethical behavior will of every religion commercial bribery; corruption; weapons eventually cost. And violations there will be a price to pay at some point in time. It may Consequences: At age 64 sentenced to 15 years just be that gnawing guilty feeling – an internalized re- in prison. Called by the judge, “A high priced sponse to a transgression – commonly referred to a guilty thief who fraudulently obtained prominence conscience. Or it may involve censure, a loss of reputa- through the harm he inflicted on others.” tion, civil litigation, or criminal charges. As many of the Failure # 2 – Hewlett Packard Scandal– mighty can attest to, no one is above the law. (See thought Private investigators pretexting to secure board # 6) members phone records. 6. Famous Failures – famous consequences. Consequences: Federal privacy crackdown on So many examples – so little paper. all investigators; indictments; CEO of HP Volkswagen – terminated. Failure: Rigged on board emission computers Failure # 3 – Christopher Butler – His first claim Consequences: Billions of dollars in fines and to fame was his reality television show, penalties. Numerous loss of jobs. Stock value fell. “Mommy PI’s” where he used attractive Executive indicted. women whose job it was to entice men into Arthur Andersen – cheating on their wives. It was later learned Failure: Cooked the books for Enron by inflating that Butler admitted using actors to fake some income by $568 million over a 4 year period. to the so called stings. He then graduated to Consequences: Investors lost $60 billion dollars; extortion, robbery, & conspiring to deal drugs. 5,600 people lost their jobs; pensions lost; people Consequence: Sentenced to prison went to jail; one of the largest public accounting Continued next page

firms ceased to exist. 17 Instant gratification - Consumers and clients constantly 10 Random Thoughts on Ethics demand gratification (case resolution) faster and cheap- Continued from page 17 er. This demand for expediency can present the ethically challenged with the need to compromise. The micro- 7. Why do some act without regard to ethics? wave generation wants everything and they want it now. Bernie Madoff and his clients all wanted their profits If there are so many good reasons to remain principled, now. Conducting investigations the right way can be and adverse consequences for the unethical then why do timely and costly. Trying to cut corners will often lead to so many appear to act without honor? a crisis of ethics. Rationalization - While there are several reasons people choose to act in an unprincipled manner, far and away, Lack of discipline - People who fail to develop the disci- rationalization is the primary component of unethical be- pline to properly prepare are regularly tempted to cheat havior. Plato, in ancient Greek times, opined that with- to keep up. Cheating on tests in school is a result of fail- out rationalization no person could ever do anything he ure to study. Steroids in athletics are a shortcut to aid believed wrong. No one wants to think that their behav- strenuous workouts. Cheating in business almost always ior is so abhorrent as to be unusual or take them out of follows failure to properly do the job in the first place. A the mainstream. Since, “everybody does it” it makes it lazy person with a poor moral core is an unethical actor acceptable. Any act can be rationalized, even murder, if waiting to perform. one tries hard enough. And “everybody does it” isn’t the Environment - Even people with the utmost integrity will only common rationalization. Some others are: “I’ll only never stop needing the support of similarly ethical peo- do it just this once”; “No one will know”; “I’ll do it differ- ple. Just as when someone is regularly around sick peo- ent next time”; “It’s not going to matter”. If a person ple they run the risk of being infected, associating with needs elaborate justifications they are probably doing the the unethical is just is likely to be infectious. Conversely, wrong thing. if a person places himself in an ethical environment it will A sense of entitlement - Hubris if you will – is also a path- be easier to be ethical. way to unscrupulous deeds. What made Hillary Clinton Lack of structure - A failure to develop an internalized think it was okay to set up a private email server for her moral code is a fast track to unethical behavior. If some- convenience? Did it cost her the election? Maybe not one is lacking ethical parents, teachers, coaches, and but it certainly didn’t help her. Private investigators can mentors and there is a failure to impress the importance also fall into the same trap with a sense of entitlement: of good deeds then it is difficult to develop that internal Because I wasn’t paid enough I’ll cheat on this invoice; system. Unfortunately, to a large extent, modern life and Because I know best I’ll lie in court; Because my case is so pop culture has torn away structures that taught ethics. important (and so am I) I can commit this act. Beliefs such Cynicism, political correctness, and a view that traditional as these make it easy for the morally weak to act inappro- values are passé have eroded many ethical concepts. Fur- priately. thermore, calling attention to bad conduct or judging Money - Some think that money, being the root of all evil, someone’s behavior is considered bad form. Ethical rela- is the cause of unethical behavior. Not necessarily so. tivism is considered the norm and deviations from that While making money may be looked at as a motivator for norm are today’s norm. unethical conduct, it’s more often just symptomatic. As 8. The erosion of integrity is rarely quick and spectacu- Henry Ford said, “Money doesn’t change men – it un- lar. It is usually a gradual slipping of standards. masks them. If a man is naturally selfish, arrogant, or Fraud investigators learn early on that embezzlers learn greedy the money brings it out, that’s all.” to lie before they steal and learn to steal small before graduating to grand theft. Most people are afraid to

Continued on next page 18 investigator understands that information uncovered in an 10 Random Thoughts on Ethics investigation should only be used to an honorable end. Continued from page 18 Due to the types of cases we investigate; and the liars, thieves, and criminals we often confront; investigators en- jump into serious dishonesty without first practicing. They counter corruption and ethical lapses on a regular basis. engage in conduct that if they are caught, the potential There is also some moral ambiguity in the methods we penalty will be insignificant. Only when they think they utilize to investigate cases. Pretext, undercover assign- have gotten away with the minor acts of dishonesty are ments, covert surveillance, interrogation, and other inves- they emboldened to commit more serious acts. Similarly, tigative techniques sometimes involve deception and trick- the ethically challenged engage in minor ethical lapses be- ery. Done properly, and towards a legitimate goal, all of fore moving onward and upward to more serious miscon- those procedures are appropriate. We duct. That’s why the little things count. Our status as truth seek- must be constantly vigilant to ourselves. Small lapses invariably lead to chasms. ers demands that we Because of who we confront and how Cheating on expenses leads to billing we confront them, it can be an occupa- fraud. Lying to employees and clients conduct our investiga- tional hazard to slide over the line. leads to committing perjury. Stealing, tions honestly, unbiased, “just a little” leads to grand larceny. Our ability to do what we are able to do and with the highest of and the tools to which we have access 9. Why ethics are particularly important ethical standards. Any- invite more and more scrutiny by law- to investigators. thing less diminishes us makers, both at a Federal and State lev- As private investigators we are part of a individually, as a profes- el. With privacy being a high bipartisan profession. Professions are distinct from priority, our ability to pierce peoples’ occupations in that they exist to secure sion, and certainly as a secrets invites unfair criticism and ex- some fundamental end beyond simply truth seeker. amination. Further making our life making a living. The legal profession exists more difficult is the unprincipled private for justice. Academia exists to develop knowledge. Medi- investigator as portrayed on movies and television. Bad cine has a goal towards health. Investigation is a way to acts make for bad laws and it only takes one major scan- the truth. Our status as truth seekers demands that we dal, such as Hewlett Packard, to open the door for adverse conduct our investigations honestly, unbiased, and with legislation. the highest of ethical standards. Anything less diminishes 10. Taking our ethical temperature. us individually, as a profession, and certainly as a truth seeker. It was Socrates who orated, “The unexamined life is not worth living.” Let’s examine our professional ethics. Another reason that ethics is a critical part of our profes- sion is that virtually every client comes to us with troubles and in a vulnerable position. How we respond to those in Macro Ethics – Do we… need is at the core of our ethics. Are they taken care of or Follow the Golden Rule? taken advantage of. Our clients also reveal matters in con- Obey the laws that govern us? fidence. How do we treat those confidences? Tell the truth? Care about the common good? We have the knowledge and tools to access information Keep promises? that others do not. The unethical investigator abandons Do the little things right? the fundamental goal – truth seeking – and uses this pro- “Fess up” when we “mess up”? fessional knowledge to further selfish ends. The ethical

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19 Business Ethics – Do we… Behave honestly with clients, employees, and vendors? Have one culture that applies to all? Hire people with good and sound character? Associate with ethical people? Mentor our employees to ethical standards? Take care of our obligations? Investigator Ethics– Do we… Act as truth seekers? Investigate unbiased? Write reports that are factual and accurate? Bill fairly and honestly? Avoid conflicts of interest? Keep secrets? Use our abilities for professional purposes only?

Ultimately, ethical behavior is an individual decision. Laws, rules, regulations, and corporate codes of conduct will not make a person ethical. The choices we make, not just to do the right thing but to strive to be the right thing, even when it is difficult is what makes a person ethical. While no one is perfect and we all make mistakes, or have lapses in judgment, if we strive towards following the Golden Rule, in the end we will have a better business, profession, and personal life. Or, as Mark Twain once advised, “Always do right. This will gratify some people and astonish the rest.”

Steve Kirby is a mostly retired private investigator and currently the Executive Director of the Council of International Investigators. He began working in the profession in 1969 and received his Illinois license in 1974. He was also a licensed Polygraph Examiner and a licensed Security Contractor. He has held licenses in Illinois, Wisconsin and Indiana.

Skydiving and Ethics As part of a mid life crisis, at age 50, I took up skydiving as a hobby. I jumped 87 times, most of them successful. My last jump, in May of 2003, was a lesson in decision making. The day started out fine and I had completed two jumps without incident. As I was thinking about one last one before leaving the drop zone I noticed the sky to the west was a little dark. I asked Doogie, an experienced jumper with over 3,000 jumps, “What do you think?” He re- plied, “I guess it looks okay.” So up I went. (I immediately noticed that Doogie wasn’t on that jump load.) Well, in the 20 minutes to altitude the weather got worse and not wanting to look bad I didn’t ride the plane back down. Out I went at 13,500 feet. Everything went just fine for the first 13,490 feet. At about 10 or 15 feet above the ground a strong gust of wind pushed my parachute back, swinging me forward just as I stalled the chute for a landing. I crashed down on my tailbone and suffered a compression fracture. After a ride in an ambu- lance and 6 weeks in a back brace I was fortunate that everything healed okay and there were no repercussions. The moral of the story is that the mere fact that I asked Doogie if I should jump on this load told me everything I should have known. I knew it was risky but took that risk and paid the price. The same can be said for decisions regarding ethics. If you have to ask if you should or shouldn’t do something you probably shouldn’t! Steve Kirby

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