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ARSON FOR~ PROFIT Ncjrs T If you have issues viewing or accessing this file contact us at NCJRS.gov. -=-'.'-'.'-"~'.--"'---""-:::'=::J':"="'-'-"""-.'-"-"'.'-"--:;""-"""'-~.'::::=_:::::::::K:::::"-""'.""'"---"'''-''---.--~.--.--.,,--.-,-.---, ...... -...... '---~--.. '"'-' ... --...... -.'--...... -..- ... -- ......,==;;-..::::::::::::::.:..:::::..-.~~""-111 , National Criminal Justice Reference Service . 'I' ---------------~~----------------------------------~-----------l ARSON FOR~ PROFIT nCJrs t This microfiche was produced from documents received for inclusion in the NCJRS data base. Since NCJRS cannot exercise HEARING control over the physical condition of the documents submitted, BEFORE THE the individual frame quality will vary. The resolution chart on this frame may be used to evaluate the document quality. SUBCOMMITTEE ON CRIMINAL JUSTICE OF THE OOMMll'TEE ON THE JUDIOIARY UNITED STATES SENATE [1g ~11I2.8 2 5 1.0 Mg 11111 . NINETY-SIXTH CONGRESS ~ 11~1~2 .2 SECOND SESSION ~ Bk\ I~ !:.: I.:.l ~40 .... = SEPTEMBER 10, 1980 1.1 L;,&.:Ll.1.l. '" Serial No. 96-86 11111'·25 11111'·4 lllll'·6 Printed for the use of the Committee on the Judiciary MICROCOPY RESOLUTION TEST CHART NATIONAL BUREAU Of STANDARDS-1963-A b ' - ; " Microfilming procedures used to create this fiche comply with ! the standards set forth in 41CFR 101-11.504. Points of view or opinions stated in this document are , U.S. GOVERNlIIENT PRINTING OFFICE those of the author(s) and do not represent the official WASHINGTON: 1981 position or policies of the U. S. Depatiment of Justice. National Institute of Justice • "(l United States Department of Justicte ,. Washington, D. C. 20531 .~-.----"'~-'-""'-<'---"-~---'~--.----~-"'-::-':-;:;~~--"---~""""''5,'':~~.'':7'~;:--:-;-:-'~---~-,( , .c_.· ....... ~-.. ---. ., NCJf{ 9 1981 CONTENTS WEDNESDA Y, SEPTEMBER 10, 1980 STATEMENT Page Opening statement of Senator Biden_________________________________ 1 COMMITTEE ON THE JUDICIARY. 'if TESTIMONY EDWARD M. KENNEDY, Massachusetts, Ohairman Panel of antiarson experts: . STROM THURMOND, South Carolina Smith, Robert B., director of government affairs, National Fire Pro­ BIRCH BAYH, IndIana .' CHARLES McC. MATHIAS, JR., Maryland .. tection Association, and executive secretary, Fire Marshals Associa­ ROBERT C. BYRD, West VIrgima ~ ~a: ..... ! tion of North America, and James E. Jones, Jr., government affairs JOSEPH R. BIDEN, JR., Delaware P~~~NL~X:;,Jc:eUtah ij representative, Alliance of American Insurers __________________ _ 7 JOHN C. CULVER, Iowa . ~OBERT'DOLE Kansas " Panel of Federal experts: . HOWARD M. METZENB~UM, OhIO THA~ COCHRAN, MississiPlJi Strother, Richard, Associate Administrator, U.S. Fire Administration, DENNIS DECONCINI, ArIzona ALAN K SIMPSON Wyoming Federal Emergency Management Agency, and Paul Zolbe, section PATRICK J. LEAHY, Vermont ., chief, Uniform Crime Reporting Programs, FBL _______________ _ 24 MAX BAUCUS, Montana ~ Panel of State and industry officials: HOWELL HEFLIN, Alabama ! I Jewell, Eugene, chief, Ohio State Arson Bureau, State Fire Marshals STEPHEN BREYER, Ohief Oou1tseZ Office; John Pyle, assistant U.S. attorne~ Northern District of EMORY SNEEDEN, Minority O'hieJ Oou?/,seZ Ohio; Leroy Troske, senior claims officer, \::it. Paul Fire & Marine Insurance Co., and J. R. Birmingham, investigator, Aetna Life & Casualty Insurance Co. _____________________________________ _ 38 SUBCOMMITTEE ON CRIMINAL JUSTICE I' PREPARED STATEMENTS JOSEPH R. BIDEN, JR., Delaware, Ohairman I Barl'acato, John S ________________________________________________ _ 54 EDWARD M KENNEDY, Massachusetts CHARLES MCC. MA':H!AiS, ~R., Maryland Biden, Senator Joseph _____________________________________________ _ . THAD COCHRAN, MiSSISS PPI Birmingham, J. R ________________________________________________ _ 3 JOHN C. CULVER, Iowa. PAUL LAXALT, Nevada 53 DENNIS DECONCINI, Anz"na ORRIN G HATCH Utah Glenn, Senator John___ ~~ " ________________________________________ _ 4 PATRICK J. LEAHY, Vermont ., \ Jewell, Eugene ___________________________________________________ _ 48 MARK GITENSTEIN, Ohie/ OounseZ Jones, James E., Jr _______________________________________________ _ Pyle, John_______________________________________________________ _ 18 MICHAEL GELACAK, Staff Director .\ 49 StrotherI,.. Richard ____ ---------------------------------------------- 33 (II) k lroske, Le!toy___________________________________________________ _ Zolbe, Paul ______________________________________________________ _ 51 t. 36 1 .f APPENDIX ,. Questions of Senator Biden and responses of James E. Jones, Jr ________ _ 57 i' Questions of Senator Biden and responses of Robert Smith ____________ _ 84 U.S. Department of Justi.ce t Questions of Senator Biden and responses of Richard Strother __________ _ 85 National Institute of Justice Questions of Senator Biden and responses of Paul A. Zolbe _____________ _ 1 t 8'/ oduced exactly as received from the Questions of Senator Biden and responses of Eugene JeweIL ___________ _ 88 This document has bee~ ~epr. oints of view or opinions stated it Questions of Senator Biden and responses of LeRoy A. Troske _________ _ 89 person or organization ortgInat~nt11t. Puthors and do not necessarily \ Questions of Senator Biden and res~onses of J. R. Birmingham_________ _ 90 in this document are tho.s.e 0 e ~ ies of the National Institute of Additional submission of James E. Jones, Jr _________________________ _ 91 IC represent the official position or po 1f Justice. ". ~ ADDITIONAL PREPARED STATEMENTS . ~'Qd material has been J Permission to reproduce this cej5jil~" ~ ~7 , I) I Congressman John J. Moaldey _____________________________________ _ ?., Joseph P. Addabbo _______________________________________________ _ 92 granted by public Domain 96 \l Louis J. Amabili __________________________________________________ _ 101 ,I ,I James W. Smith___________________________________________ --_____ _ 104 Un j tea States SenaL!t:.Ge~--­ Thomas A. Martin ________________________________________________ _ , , 109 International Association ·of Firefighters _____________________________ _ to the National Criminal Justice Reference Service (NCJRS). 111 f National Association of Insurance Commispioners _____________________ _ 115 Charles H. FritzeL _______________________________________________ _ 131 Further reproduction outside of the NCJRS system requires permis­ .. ,. American Insurance Assooiation ____________________________________ _ 136 sion of the c~t owner. :.(), (ill). Pl b , / 1 --------- -----~- ------------------- ARSON FOR PROFIT WEDNESDAY, SEPTEMBER 10, 1980 U.S. SENATE, SUBCOMMITTEE ON CRIMINAL J'USTICE, COMMITTEE ON THE JUDICIARY, Wa8hington, D.O. The subcommittee met, pursuant to notice, at 11 a.m., in room 2228, Dirksen Senate Office Building, Senator Joseph R. Biden, Jr., presiding. Present: Senator Biden. Staff present: Mark Gitenstein, chief counsel; Diane Clarke, coun­ sel; Edna Panaccione, chief clerk, and Barbara Parris, research as­ sistant. Senator BIDEN. The hearing will coane to order. I apologize to our witnesses for the delay, and I appreciate your indulgence. Under the Senate rules, the Judiciary Oommittee, or any subcommittee of the Judiciary Committee, which this is, is not ,able to meet if and when the full committee is in executive session. The full JUdiciary Oommittee has been meeting since 9 :30 this morning. Under the rules, we would not have been able to meet even 5 minutes earlier than we are now. So I appreciate your indulgence. Senator Gilenn was to be the leadoff witness today, but all of us have multiple responsibilities. There is la very important piece of legisla­ j tion before the Foreign Relations Committee relating to the transfer , ' of nuclear technology and fuel to India. He has an interest in that, also, and he is unable to lead off as our witness, although he will speak, be­ fore the hearing is closed, on behalf of this legislation. r ' I have a brief opening statement, and then we will hear from the witnesses. We will complete the remainder of the hearing as rapidly as we can. .r OPENING STATEMENT OF SENATOR BIDEN This is a legislative hearing as opposed to an investigative hearing. It is being conducted by the Subcommittee on Oriminal Justice to examine S. 252, the Anti-Arson Act of 1979, which was introduced and promUlgated primarily by Senator Glenn of Ohio. Senator Glenn first introduced legislation concerning the problems of arson for profit­ ;1' that is, the intention wI :burning of property for its insumnce value­ during the latter part of the 95th Congress. Since that time, there have been extensive investigative hearings conducted by the Commit­ tee on Governmental Affairs. Those hearings, in my opinion, demonstrated that arson is present in rural as well as urban areas and that it can and does destory homes, motor vehicles, stores, factories, and farms in every part of the country. " (1) '/ ------ -------------------------------------------------------------------~-~~=~'----~-------------------- I 3 2 PREPARED STATEMENT OF SENATOR BIDEN Senator ~lenn 1?-rst introduced legislation eoncerning the problems of arson for Those hearings also showed that it is the Nation's fastest growing profit-the mtentlO1tlal burning of property for its insurance value-during the crime risinO" at a rate of approximately 25 percent annually, and that latt~r p~rt of U:e 95th Congress. Since that time, there have been extensive in­ vestIg~tIve h~arll1gs conducted by the Committee on Governmental Affairs. it is virtuallY-out of the control of law enforcement. Those hearll1g~
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