criminal intelligence is information compiled , analyzed , and/or disseminated in an effort to anticipate , prevent , or monitor criminal activity .

the united states army military police corps defines criminal intelligence in more detail ; criminal intelligence is information gathered or collated , analyzed , recorded/reported and disseminated by law enforcement agencies concerning types of crime , identified criminals and known or suspected criminal groups .

it is particularly useful when dealing with organized crime .

criminal intelligence is developed by using surveillance , informants , interrogation , and research , or may be just picked up on the " street " by individual police officers .

some larger law enforcement agencies have a department , division or section specifically designed to gather disparate pieces of information and develop criminal intelligence .

one of the most effective ways of applying criminal intelligence is first to record it ( store in a computer system ) which can be " mined " ( searched ) for specific information .

criminal intelligence

criminal intelligence service canada supports the effort to reduce the harm caused by organized crime through the delivery of criminal intelligence products and services .
the criminal intelligence coordinating council supports state , local , and tribal law enforcement and homeland security agencies in their ability to develop and share criminal intelligence and information nationwide .
criminal intelligence service alberta ( cisa ) acts as a central hub for strategic analysis and intelligence sharing on organized and serious crime in alberta . cisa links organizations responsible for intelligence gathering , criminal investigations , and provincial and federal law enforcement .
criminal intelligence analysis is an essential component of effective policing , at both the operational and strategic levels .
“a non - criminal associate is someone otherwise associated with gang members , but not engaged in criminal activity . ”
we are part of a canadian network of similar organizations that make up criminal intelligence service canada ( cisc ) .
the criminal intelligence coordinating council’s ( cicc ) weekly five in 5 is a snapshot of law enforcement and criminal intelligence - related articles , resources , and research that may be of interest to cicc members and partners working to improve the nation’s ability to develop and share criminal intelligence . to receive the cicc’s five in 5 , please click here .
, provides criminal justice professionals with a multitude of resources that are primarily concerned with law enforcement intelligence operations and practices .
the role of criminal intelligence service ontario is to link organizations that are responsible for intelligence gathering , criminal investigation and enforcing provincial and federal laws . these connections make it possible for police and government to work together effectively to fight organized crime .
topics include : the role of intelligence , legal issues in u . s . criminal intelligence , staffing the intelligence unit , managing the intelligence unit , planning and direction , collection , collation , analysis , dissemination , and report writing principles , intelligence - led policing , fusion centers , corrections intelligence , evaluating effectiveness , training , security , software , networks and organizations , challenges facing law enforcement intelligence , and the ever so important intelligence guidelines . the publication is now available for purchase through leiu or ialeia .
criminal intelligence analysts find and analyse data to help detect and prevent crime , and to protect the security of the uk .
familiarization with crimint cannot be limited to analysts ; training must also extend to all acc soldiers and leaders who will interact with the intelligence process ( national criminal intelligence sharing plan , 2013 ) .
on 30 june 2015 , the australian government announced $ 9 . 8 million of funding over two years under the proceeds of crime act 2002 to pilot a new national criminal intelligence system ( ncis ) . the pilot program is now underway within australian criminal intelligence commission .
obtaining criminal intelligence ( crimint ) from overseas sources , and then disseminating selected assessments , are increasingly important activities for our law enforcement agencies .
4 . internally , there is also a need to illustrate the link between criminal networks and gangs to engage all business groups in the criminal network strategy and disruption process .
the intent of ncis is to strengthen criminal information and intelligence sharing across law enforcement agencies , jurisdictions and the criminal intelligence community . as well as connecting the existing data holdings and making searching across these highly efficient , ncis will also offer enhanced analytical and collaboration services . by improving information sharing and system agility , police and national security agencies will have an enhanced ability to detect and disrupt criminal activity .
the rapid increase in multinational analysis and transnational organized crime , corporate drug trafficking organizations , and the impact of crime on national and international policy has created a critical need for law enforcement intelligence experts in the relatively new field of criminal intelligence . the course provides the student with an introduction to the methods and techniques of criminal intelligence analysis and strategic organized crime . it will demonstrate how to predict trends , weaknesses , capabilities , intentions , changes , and warnings needed to dismantle criminal organizations .
the goal of this course is to ensure intelligence personnel leave equipped with the knowledge and tools necessary to manage , staff , and operate criminal intelligence enterprises within their agencies , in order to help protect and prevent potential threats to the public .
this awareness - level course presents participants with the core capabilities required for intelligence personnel from an all - crimes , all - hazards perspective . it encompasses traditional crimes , domestic and international acts of terrorism , and other potential crises . this course introduces entry - level intelligence personnel to intelligence and distinguishes between intelligence and information . among the topics covered are the intelligence community , responsibilities of intelligence personnel , and goals and uses of criminal intelligence products . the potential range of customers and their needs are addressed . it incorporates the five - step intelligence process and the importance of critical and creative thinking as it pertains to analysis of information and the intelligence process . participants will become familiar with the information sharing environment , suspicious activity reporting , and legal authorities and guidance associated with criminal intelligence collection and use , including privacy , civil rights , and civil liberties laws . finally , this course addresses the benefits of forming strategic partnerships and collaborative networks .
looking for a job as a crime or intelligence analyst ? please click the links below to view a list of employment opportunities . crime analyst jobs intelligence jobs
recognizing that corrections and detention operations pose a unique criminal environment , the acc must build organizational infrastructure and develop professionals that are leading technical experts in intelligence - led corrections .
criminal intelligence for the 21st century is a joint publication by the association of law enforcement intelligence units ( leiu ) and the international association of law enforcement intelligence analysts ( ialeia ) . this new guide is an update to intelligence 2000 : revising the basic elements and contains 476 pages divided into 27 chapters / articles . the new book not only updates the previous information—it adds 16 new chapters / articles . a group of 25 expert intelligence practitioners authored the articles / chapters . this book is a valuable resource for any intelligence professional seeking to understand and hone their craft .
( 6 ) is likely to result in criminal prosecution and discharge under other than honorable conditions .
connors , t . ( 2009 ) . putting the “l” into intelligence - led policing : how police leaders can leverage intelligence capability . international journal of intelligence and counterintelligence , 22 ( 2 ) , 237–245 . doi : 10 . 1080 / 08850600802698218
operational analysis aims to achieve a specific law enforcement outcome . this might be an arrest , seizure , forfeiture of assets or money gained from criminal activities , or the disruption of a criminal group .
criminal intelligence service ontario ( ciso ) is a partnership between the ontario government and the law enforcement community . it focuses on the fight against organized crime and the safety of our communities .
additionally , analysts can be deployed in the field to assist police directly with ongoing criminal investigations or operations .
10 . the identification of non - criminal associates as a distinct category recognises the relevance of such individuals to the development of an intelligence profile and risk identification processes , whilst at the same time avoiding the de facto criminalisation of , for example , family members and friends not otherwise engaged in criminal activity .
the coordination that the cicc strives for has far - reaching effects , the most significant being the continued active involvement of local , state , and tribal law enforcement and homeland security agencies in nationwide criminal intelligence sharing efforts . it is only through the institutionalization of coordination and collaboration among all agencies—regardless of size and jurisdiction—that we can effectively and efficiently develop and share criminal intelligence , resulting in a safer nation .
ratcliffe , j . h . ( 2016 ) . intelligence - led policing . routledge .
executive summary : criminal intelligence ( crimint ) and intelligence - led policing are recognized as the future of policing , critical for preventing criminal , terrorist , and asymmetric threats . the united states army faces a future operating environment defined by contested norms , an established criminal - terrorist nexus and irregular threats . the military police corps is unprepared for this operating environment ; future success of the mps and the army corrections and detention mission will be defined by how quickly a robust crimint capability can be built and implemented . the army corrections command ( acc ) must recognize that correctional and detainee facilities are a unique criminal environment , and a synchronized , integrated effort must be initiated to build a crimint capability and adopt intelligence - led corrections .
the central intelligence agency offers many benefits . most are competitive with private industry . these include :
by postal mail : central intelligence agency office of public affairs washington , d . c . 20505
in quebec city , the national executive committee ( nec ) , the governing body of the criminal intelligence service of canada ( cisc ) and the canadian integrated response to organized crime ( ciroc ) , held its annual meeting .
phil kowalick is a consultant and former senior afp officer , and david connery is a senior analyst at aspi . they are the authors of the aspi special report opportunities abound : optimising our criminal intelligence system overseas which was released today .
the last recommendation focuses on training and reinvigorating strategic crimint skills for intelligence , law enforcement and policy professionals .
now available online ! the alpha group’s “investigative analysis” certified crime and intelligence analysis ( ccia ) training course .
at interpol , our team of criminal intelligence analysts provides both operational and strategic analytical support to crime - related projects , investigations and operations . this typically includes producing reports focusing on particular regions , crime types or a newly discovered modus operandi .
sampson , f . ( 2017 ) . intelligent evidence : using open source intelligence ( osint ) in criminal proceedings . the police journal : theory , practice and principles , 90 ( 1 ) , 55–69 . doi : 10 . 1177 / 0032258x16671031
gonzales , a . r . , schofield , r . b . , & herraiz , d . s . ( 2005 ) . intelligence - led policing : the new intelligence architecture ( pp . 52 ) . retrieved from urltoken
mental health bja supports a variety of programs and activities aimed at improving the criminal justice system ' s response to people with mental illness .
12 . a number of flags have been introduced for use on mps systems to monitor the offences and intelligence related to gangs on a more formal basis . these form part of a communication strategy for criminal networks and gangs across the mps and with partners .
it informs partners , government and other stakeholders about criminal markets in canada and assists law enforcement leaders in making decisions regarding organized crime enforcement priorities .
20 . current intelligence indicates that these flags will identify an over - representation of individuals from black and minority ethnic communities .
as a result , there is a significant capabilities gap in knowledge , resources , and capabilities among 31b military police and 31e corrections and detention soldiers , and mp and detention units . there also exists a damaging misconception that crimint analysts must be trained investigators . both disciplines lack organic crimint and crime analysis capabilities within their ranks , and soldiers are not trained or familiarized with the concepts of intelligence - led policing . soldiers carrying out their day - to - day duties lack basic intelligence on their area of operation , and do not understand the importance of passing up critical observations . commanders and operations cells do not receive useful crime analysis or timely criminal intelligence , leading to a poor understanding of their criminal environment . these shortcomings are a direct result of a lack of understanding , intelligence gathering and analytical capabilities , or crimint infrastructure .
mcgarrell , e . f . , freilich , j . d . , & chermak , s . ( 2007 ) . intelligence - led policing as a framework for responding to terrorism . journal of contemporary criminal justice , 23 ( 2 ) , 142–158 . doi : 10 . 1177 / 1043986207301363
14 . it is also envisaged the new fields will be introduced to crimint plus to indicate whether a subject is a gang member or gang associate ( or non - criminal associate ) . at the current time the use of these terms are being encouraged in the free text of intelligence records .
the alpha group is comprised of professional training and research consultants who provide their expertise and practical experience to criminal justice , public safety , and victim service organizations . the alpha group is best known for its ability to provide training in crime , investigative and intelligence analysis and much more . click here
bureau of justice assistance . ( 2008 ) . reducing crime through intelligence - led policing . u . s . department of justice .
“a gang member is someone who has been identified as being a member of a gang [ fitting the mps definition ] , and this is corroborated by reliable intelligence from more than one source ( e . g . police , partner agencies or community intelligence ) . ”
cope , n . ( 2004 ) . ‘intelligence led policing or policing led intelligence ? ’ : integrating volume crime analysis into policing . the british journal of criminology , 44 ( 2 ) , 188–203 . doi : 10 . 1093 / bjc / 44 . 2 . 188
the office of public affairs ( opa ) is the single point of contact for all inquiries about the central intelligence agency ( cia ) .
17 . the specific equality and diversity issues relating to this paper are acknowledged . establishment of definitive definitions regarding criminal network , gangs and peer groups will allow the mps to obtain and analyse intelligence and consequently allow informed strategic and tactical decisions in a multi - agency environment . this will effectively inform existing structures .
tribal justice bja is committed to preventing and controlling crime , violence , and substance abuse and improving the functioning of criminal justice systems in american indian and alaska native communities .
the agency is working with multiple partner organisations to collaborate on the pilot through a core consultative group of representatives from these organisations . by testing concepts and design in real - time operational policing , the program aims to ultimately inform the delivery of a system that is highly usable and an invaluable asset for australia’s criminal intelligence and information capability .
you ' ll work in an office but you’ll also travel to meetings or court hearings . you’ll look at patterns of criminal activity and how they’re linked so that you can provide information on :
justice information sharing while the sharing of information must be the responsibility of criminal justice agencies , at bja we are committed to providing the resources and assistance needed to make it as easy as possible .
15 . as efforts to address gang membership and gang - related criminal activity have increased , greater attention has been focussed on ensuring that the mps and partner agencies have a shared understanding of gangs and gang - related activity and the key differences between peer groups , gangs and organised criminal networks . this paper has sought to translate these definitions to fit with the operational requirements of the mps and partner agencies , not least in being able to identify in a consistent manner gang related offences , gang members and their associates in a variety of crime , intelligence and case management databases .
congress and the administration reject calls to establish a judicial or quasi - judicial “drone court” to scrutinize the targeting decisions made by u . s . military and intelligence officers .
because of its role within the nation’s intelligence landscape , the cicc is in the unique position to serve as the voice for all levels of law enforcement , which it does by advising the u . s . attorney general , through the global advisory committee , on the best use of criminal intelligence to keep our country safe . the council strives to ensure that every chief , sheriff , and law enforcement executive has a stake in its effort so that all law enforcement and homeland security agencies understand their role in the development and sharing of information and intelligence . the cicc also collaborates with federal partners —including the u . s . department of justice , the u . s . department of homeland security , the federal bureau of investigation , the program manager for the information sharing environment , and the office of the director of national intelligence—to coordinate national initiatives focused on intelligence sharing . the advice and recommendations of the cicc and its membership have also been sought by the secretary of the u . s . department of homeland security , members of congress , and representatives of state government .
if you have information which you believe might be of interest to the cia in pursuit of the cia ' s foreign intelligence mission , you may use our e - mail form . we will carefully protect all information you provide , including your identity . the cia , as a foreign intelligence agency , does not engage in us domestic law enforcement .
we also have opportunities to better use our crimint product to influence others , whether it be to influence foreign governments’ intelligence priority - setting or their investment in law enforcement capabilities .
1 . this paper provides an outline of the definitions that the mps will use to differentiate between criminal networks , gangs and peer groups as well as gang members and gang associates . there is a need to gain a greater understanding of these groups and their activities though building the intelligence picture . it is therefore essential that there is a clear definition that is understood and used by all .
yes , you must be a citizen of the united states when you apply to work for the central intelligence agency . the cia does not assist individuals in applying for us citizenship .
applying this intelligence - driven model to a corrections and detentions environment is not a new concept , but it has yet to be recognized by the united states army military police corps .
[ 45 ] luis moreno - ocampo , letter concerning the situation in iraq , office of the prosecutor , international criminal court , february 9 , 2006 , p . 5 , urltoken ( accessed march 27 , 2013 ) .
carter , d . l . ( 2009 ) . law enforcement intelligence : a guide for state , local , and tribal law enforcement agencies ( pp . 496 ) . retrieved from urltoken
[ 11 ] prosecutor v . tadić : decision on the defence motion for interlocutory appeal on jurisdiction , international criminal tribunal for the former yugoslavia , it - 94 - 1 - a , ¶ 70 , october 2 , 1995 .
on 1 july 2016 , the acc was rebadged as the australian criminal intelligence commission ( acic ) . its board , which could be nominated as the ‘mission manager’ for australia’s overseas crimint efforts , could drive those new arrangements . that would bring all interested parties together , including the state and territory commissioners of police . alternatively , the heads of commonwealth operational law enforcement agencies could play that role with support from the acic board .
7 . the definitions should be seen as part of a continuum from peer group to gang to organised criminal network , and will be subject to ‘grey’ areas . it is essential that a degree of pragmatism and professional judgement is needed when applying them .
the intention is to provide early warning of threats and to support senior decision makers in preparing their organizations to deal with emerging criminal issues . this might include allocating resources to different types of crime , or increasing training in a particular crime - fighting technique .
16 . there are risks associated with both under - acknowledging and over - defining the scale of offending related to gangs and other criminal groups and the framework presented here should at the very least help establish the parameters of these decisions in a consistent manner .
bullock , k . ( 2013 ) . community , intelligence - led policing and crime control . policing & society , 23 ( 2 ) , 125–144 . doi : 10 . 1080 / 10439463 . 2012 . 671822
rime analysis is the function used by analysts to study , understand , and influence criminal activity and actors in a criminal environment . this seeks to help criminal justice agencies “bridge the gulf between the large number of crime - like incidents or patterns to which it could theoretically respond , and the much smaller number for which it is realistically resourced . ” ( ratcliffe , 2016 ) . this is especially vital to a correctional or detainee facility , because it examines the crime patterns and trends in the context of the environment they take place in , reinforcing a proactive prevention effort . instead of directing focus at specific inmates or detainees , crime analysis involves the systematic identification and analysis of crime patterns and trends . this analysis is utilized to more effectively deploy resources , rectify crime - conducive conditions , and identify vulnerabilities in confinement systems .
“future conflict resulting from a more integrated criminal - terrorist group nexus will not necessarily lend itself to a purely military solution , as financial flows and movement across many legal jurisdictions transcend military boundaries and authorities . as the line between terrorist and criminal activities continues to blur , the transactional connections between a wide - range of unlawful organizations is also likely to blur the distinction between law enforcement and military operations . the joint force may find it more difficult to distinguish between allies and adversaries , and determine who really matters , who to engage , and who to support . ”
because of the classified nature of our work at the central intelligence agency , the application process is a lengthy one . depending on an applicant ' s specific circumstances , the process may take as little as two months or more than a year .
ratcliffe , j . h . , & guidetti , r . ( 2008 ) . state police investigative structure and the adoption of intelligence - led policing . policing : an international journal of police strategies & management , 31 ( 1 ) , 109–128 .
having an undergraduate degree is not mandatory , but is highly recommended . life experiences are taken into consideration . however , a standard requirement for overseas officers , intelligence analysts , and other non - clerical positions is a college degree , preferably an advanced degree .
since u . s . military and intelligence officials likely decide questions of proportionality at the time of attack or very shortly before , little or no information is publicly available to assess whether and to what extent the civilian impact of a particular drone strike was considered . one former u . s . intelligence official has explained that the cia requires confirmatory intelligence—e . g . , radio intercepts and visual imagery—before ordering a drone strike and that “even with confirmation , sometimes the cia will not carry out a strike if there are indications that civilians are at risk . ” [ 48 ] yet without access to the decision - making process regarding a particular drone strike—a process that is highly classified—it is difficult to assess the extent to which the decision to strike adhered to the principle of proportionality .
organizational structures , professional standards , and a training model must be developed in collaboration with other stakeholders . there must be a full integration within garrison and expeditionary law enforcement and intelligence partners , along with partners from the industry and academia . the critical information and intelligence sharing gaps must be overcome and addressed , with an integrated system that will enables rapid sharing and communication . this will require the acc to commit an upfront and continuing investment in crimint , implementing technology solutions and continuously growing the capability to match rapidly evolving threats .
“a gang associate is someone who offends with gang members ; or who is associated by police , partner agencies or community intelligence , with gang members ; or who has displayed through conduct or behaviour , a specific desire or intent to become a member of a gang . ”
1 . “a gang member is someone who has self - identified themselves as being a member of a gang , e . g . through verbal statements , tattoos , correspondence , graffiti etc . , and this is corroborated by police , partner agencies or community intelligence . ”
the first domestically focused recommendation is for an enhanced crimint priority - setting mechanism that involves ministers . the new system would also involve a process to set collection requirements , task agencies , manage collection plans and dissemination , and conduct evaluations to align the crimint system with intelligence best practices .
2 . “a gang associate is someone who offends with gang members ; or who is associated by police , partner agencies or community intelligence , with gang members ; or who has displayed through conduct or behaviour , a specific desire or intent to become a member of a gang . ”
we think australia’s system overseas could be enhanced for a resource outlay of between $ 3 . 2 million and $ 14 . 6 million per year , and elements of this plan could be implemented reasonably quickly . such moves would prove worthwhile investments in protecting the national interest from the changing criminal threats we face both now and in the future .
specifically , the principle of proportionality prohibits attacks on military targets where the expected harm to civilians ( for example , within the blast radius of an explosion ) is excessive in comparison to the military advantage expected to be gained from the attack . [ 44 ] luis moreno - ocampo , the former chief prosecutor of the international criminal court , described the principle as follows :
yes , the central intelligence agency has a comprehensive language program that fosters the acquisition and maintenance of foreign language skills . cia employees who already possess excellent foreign language skills may be afforded an opportunity to earn monetary incentives for the language talents they possess . click here to learn more about our foreign language incentives .
rather than creating a special tribunal that is ill equipped to pass judgment on proportionality and military necessity , and that will never fully assuage the concerns of the critics of drone strikes , congress should continue to leave decisions pertaining to the disposition of al - qaeda terrorists—including u . s . citizens—with military and intelligence officials .
argues that australia’s current arrangements for gathering and disseminating crimint overseas are suboptimal . while additional resources are needed to address this condition , there’s also a need to streamline priority settings and associated collection requirements , provide ways to evaluate and better coordinate the collection of information and intelligence product and expand opportunities to improve training in crimint .
the concept of a drone court is fraught with danger and may be an unconstitutional interference with the executive branch’s authority to wage war . u . s . armed forces have been lawfully targeting enemy combatants in armed conflicts for more than 200 years without being second - guessed by congress or a secret “national security court . ” targeting decisions , including those made in connection with drone strikes , are carefully deliberated by military officers and intelligence officials based on facts and evidence gathered from a variety of human , signals , and imagery intelligence sources . during an armed conflict , all al - qaeda operatives are subject to targeting ; therefore , a drone court scrutinizing targeting decisions would serve no legitimate purpose .
the cia offers several programs for students considering a career in the intelligence field . each program offers valuable educational and practical work experience that enhances the student ' s chosen field of study and prepares them for the future . these positions are extremely competitive and students are given a salary and excellent benefits . review our programs and how to apply on our student opportunities page .
tolerance for alcohol use within the military has significantly decreased over the past few decades . drinking and driving will end a career quicker than treason will since the mid - 1990 ' s . same for any criminal offense that is also alcohol related . whether you are under - age and breaking the law as a drinking minor , or you are involved in any sort of alcohol - related offence , expect punishment and counseling to be swift and deliberate .
new crimint hubs are a key recommendation . this isn’t a recommendation for a separate network : the hubs would support the afp’s new regional managers and be led by officers with crimint experience . they would be the home for other law enforcement , policy and regulatory agencies that conduct crimint activities within a given region and would triage information and intelligence collected against the crimint collection requirements .
recently , colorado and washington legalized the sale of recreational marijuana under their state law . in addition , 20 states plus the district of columbia have also legalized the use of marijuana for medical conditions , likewise under their state law . despite the legalization of marijuana under state law , federal statute specifically prohibits cia and other agencies from granting security clearances to users of controlled substances , including marijuana . further , the use of marijuana and other controlled substances in violation of federal law remains a possible disqualifying criterion under intelligence community clearance eligibility standards . regardless of whether an individual is located in a state that has legalized marijuana or in a foreign country where local laws allow it , and regardless of whether the department of justice enforces applicable federal criminal prohibitions in those jurisdictions , any use of marijuana may adversely impact that individual’s eligibility for a security clearance .
in september 2012 , the wall street journal reported that the u . s . and pakistani governments have an arrangement that permits the united states to target al - qaeda and taliban militants operating from the fata while allowing pakistani officials to maintain a level of consensual ambiguity . [ 30 ] according to the press report , for many years the cia has faxed the inter - services intelligence ( isi ) , pakistan’s intelligence service , on a regular basis to outline “broad areas” of airspace within pakistan where the united states intends to conduct drone strikes . without formally endorsing a drone strike , the isi would acknowledge receipt of the fax and clear the airspace identified by the cia , thereby giving implied if not express consent to the united states to conduct drone operations . [ 31 ]
the military police corps has a widely established culture of keeping investigative information and intelligence walled off , even within our own formations . while some level of compartmentalization is unavoidable and healthy for operational security , too much breeds inefficiency through mistrust , disorganization , and poor situational awareness . to overcome this , the acc must establish a focal point of crimint fusion across all acc facilities and units .
trained analysts must be afforded opportunities to expand their skill sets and knowledge base through continued education . it is not sufficient to simply certify crimint analysts and maintain basic proficiency in the field ; acc must grow analysts that become technical experts in all functional crimint disciplines . the expertise developed in the acc crimint capability and intelligence - led corrections model should become the basis for further research , cooperation , and strategy development . in addition to collaboration with other criminal justice agencies , the acc should seek to partner with colleges and academic institutions . through these partnerships , acc can ensure mastery of the crimint discipline , take part in defining future capabilities , and continue to develop talent within the ranks of the 31e mos . the advancement of crimint knowledge will also increase the authority of mp analysts when testifying as expert witnesses , and advance the capabilities of cid and mpi’s investigative analysts through collaboration .
the theft of copyrighted material has grown substantially in recent years and , like any other criminal activity , is of concern to the agency . illegal downloading , use , distribution , or sale of songs , games , software , and other electronic files will be carefully evaluated during security processing . while factors such as the amount , frequency , retention , and recency of such downloading activity will be taken into consideration , applicants are reminded that the theft of copyrighted material may be disqualifying for agency employment .
the u . s . drone program and its practices regarding targeted strikes against al - qaeda and its associated forces are lawful . they are lawful because the united states is currently engaged in an armed conflict with those terrorist entities and because the united states has an inherent right to defend itself against imminent threats to its security . moreover , the available evidence indicates that u . s . military and intelligence forces conduct targeted strikes in a manner consistent with international law . military and intelligence officials go to great lengths to identify al - qaeda operatives that pose an imminent threat and continually reassess the level of that threat . decisions on each potential target are debated among u . s . officials before the target is placed in the “disposition matrix . ” in conducting targeted strikes u . s . forces strive to minimize civilian casualties , although such casualties cannot always be prevented .
these challenges are international in scope and are priorities for the central intelligence agency . if you have information about these or other national security challenges , please provide it through our secure online form . the information you provide will be protected and confidential . the cia is particularly interested in information about imminent or planned terrorist attacks . in cases where an imminent threat exists , immediately contact your local law enforcement agencies and provide them with the threat information .
under international humanitarian law and the rome statute [ of the international criminal court ] , the death of civilians during an armed conflict , no matter how grave and regrettable , does not in itself constitute a war crime . international humanitarian law and the rome statute permit belligerents to carry out proportionate attacks against military objectives , even when it is known that some civilian deaths or injuries will occur . a crime occurs if…an attack is launched on a military objective in the knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage .
1 . peer groups : “peer groups are relatively small , unorganised and transient entities that coalesce in public spaces . members are usually friends who share similar life trajectories and experiences and simply ‘hang around’ together . delinquency and criminal activity is not integral to the identity or practice of this group but it can occur in certain situational contexts . offending by this group is periodic , spontaneous , intermittent and opportunistic . the offences are often low - level nuisance / anti - social in nature with little to no engagement in serious assault or acquisitive crime . ” ( hallsworth and young , 2006 : 4 )
18 . the definitions are being piloted on the five borough gang project and will be monitored through the use of the associated flags . searches of cris and crimint will be carried out on a quarterly basis ( from 11 june when the definitions were formally circulated to the boroughs ) to identify ; whether flags are being applied to the correct offences and intelligence ; any offences which have not been flagged , but are gang - related ; whether there is an increase in identifiable gang - related information on these systems .
3 . within the gang literature from across the world there is a multitude of definitions for the term ‘gang’ , all of which differ in someway . this issue of definition has caused problems both internally for the mps and at pan - london multi - agency level . a number of consequences arise , not least the inability of police and other agencies to routinely collect data and intelligence on the impact of gangs on crime and disorder , and to do so in a way that is comparable from one location to the next .
reating a sustainable capability for the acc includes authorizing positions on modified tables of organization and equipment ( motes ) and tables of distribution and allowances ( tdas ) to establish crime and crimint analysts as necessary , permanent , and deployable personnel positions . the acc must decide how the crimint capability should be organized and operationally controlled in both garrison and a deployed environment . ideally , a crimint team should be somewhat detached from the traditional operational structure of a battalion or brigade , answering the needs and requests of the commander or operations officer , but not limited or ‘stove - piped’ by traditional chain - of - command information flows . since the intelligence - led policing model demands that intelligence be timely , relevant , and actionable , the crimint team should be able to provide necessary inputs at multiple points of the operations process . relevant crimint may need to be shared with the s - 3 , s - 2 , facility directorate of operations , and command teams simultaneously , demanding that the crimint team does not fall solely under one of those offices . finally , crimint and crime analysis capabilities and personnel should be retained at the lowest deployable level .
by its nature , adherence to the principle of proportionality must be determined on a case - by - case , attack - by - attack basis . in the context of drone strikes , targeting analyses and decisions accounting for the principles of distinction and necessity are reportedly made by military and intelligence officials when al - qaeda operatives are placed on the disposition matrix , likely well in advance of an actual attack . factors concerning a determination of proportionality , by contrast , may usually be considered and weighed only after the target has been physically located and the surrounding environment assessed for potential civilian casualties .
neither the geneva conventions nor their additional protocols define “armed conflict” or set a threshold of violent activity that must be present for an armed conflict to be deemed to exist between two belligerents . the general view is that the existence of an armed conflict depends on the particular facts and circumstances of each case . [ 10 ] one international court , the appeals chamber of the international criminal tribunal for the former yugoslavia ( icty ) in the case of prosecutor v . tadić , devised a broad definition for armed conflict , which in its view exists “whenever there is a resort to armed force between states or protracted armed violence between governmental authorities and organized armed groups or between such groups within a state . ” [ 11 ]
the fbi has already raised concerns about the possibility of law enforcement “going - dark” ; falling so far behind criminals in technical capability , that law enforcement is no longer able to keep up to save victims , reveal evidence to arrest perpetrators , or exonerate the innocent . this should be a significant concern to the military police corps as well , both in regards to investigative capabilities , and a future crimint and crime analysis capability . army leadership has recognized that relevant , up - to - the - second information and intelligence is just as crucial as improved weapons and armor in saving soldiers lives and defeating the enemy .
creating a crimint and crime analysis function suited for corrections and detention environments while also shifting to an intelligence - led corrections model will be a demanding task . it will require a significant investment in resources and personnel , a major cultural shift from soldiers and leaders alike , and a commitment to sharing vital information with other law enforcement agencies . the benefits of executing this successfully cannot be understated ; the acc will be better prepared to carry out the mission of corrections and detention , serve the peace and wartime force protection function of the military police corps , and make significant contributions to defeating criminality which threatens the security of the army and the nation . it will also assist in the larger efforts of the military police corps , establishing the branch as the premier law enforcement and soldier professionals in the united states .
even if the proposed drone court attempts to eschew intervention into foundational questions such as the existence of an armed conflict , it still would not be in a position to rule on the “easy” questions involved in each and every drone strike . does the target constitute an “imminent threat” to the united states ? when civilian casualties may occur as a result of the strike , does the drone court have the authority to overrule the targeting decision as a violation of the principle of proportionality ? is the target an innocent civilian or a civilian “directly participating in hostilities” ? should u . s . forces attempt to capture the target before resorting to a drone strike ? is capture feasible ? any drone court , even if constituted with former military and intelligence officials , is ill suited to weigh all of the competing factors that go into a decision to target an al - qaeda operative and make a timely decision , particularly when there is often only a short window of time to order a strike .
reports in the new york times and the washington post indicate that military , intelligence , and administration officials oversee a rigorous process to determine whether a particular individual is necessary to target . [ 40 ] according to these reports , a large group of national security officials convenes regularly to discuss and debate various individuals for inclusion on a list of approved targets . the “biographies” of the potential targets are discussed , and the debate over whether to include an individual on the list can stretch over several meeting sessions . factors such as the imminence of the threat posed by the individual and the feasibility of his capture are taken into account . a parallel process , described in a speech by cia general counsel stephen preston , is conducted by the cia for targeted strikes . [ 41 ] the targets nominated are ultimately sent to president obama for approval , who “signs off on every strike in yemen and somalia and also on the more complex and risky strikes in pakistan—about a third of the total . ” [ 42 ]
bja is committed to many initiatives that we hope will bring positive changes and help each of our partners in the field . listed below are the topical areas of focus for bja .
adjudication prosecutors , judges , and court personnel are looking for new approaches to adjudicating offenders that will not only clear cases and decrease dockets , but also lower recidivism .
corrections supervising offenders in the community and preparing offenders for their return to their communities are critical to protecting public safety .
counter - terrorism bja recognizes that it is the job of law enforcement agencies and prosecutors to bring terrorists to justice , but we also believe that every citizen can play a vital part in helping to prevent terrorism .
crime prevention preventing crime involves not only making sure that our homes are secure and that we take precautions to be safe , it also means working with law enforcement to look out for the safety of our neighbors and other community members .
drug policy bja supports a variety of efforts addressing substance abuse and the associated dangers , including treatment services .
law enforcement at bja , we respect the choice of law enforcement officers to dedicate themselves to serving their communities . we believe that we must honor their service by doing everything possible to provide them with the support , resources , and training they need to meet the needs of their communities .
810 seventh street nw , washington , d . c . 20531 for government use only
html public
- / / w3c / / dtd xhtml 1 . 0 transitional / / en
urltoken
interpol is the world’s largest international police organization , with 192 member countries . our role is to enable police around the world to work together to make the world a safer place . our high - tech infrastructure of technical and operational support helps meet the growing challenges of fighting crime in the 21st century .
this is where you will find the latest news and multimedia from interpol . read our news stories and speeches ; see the organization in action through videos and photo galleries ; and download our fact sheets , brochures and annual reports .
at interpol today , we have a strong network of 192 member countries , each represented by a national central bureau and committed on a daily basis to international police cooperation .
our global police communications channels and internationally recognized alert systems allow police around the world to share data instantly and securely . a 24 - hour contact point and specialized teams provide targeted support to serious crime or disaster incidents .
analysts study data related to criminals , crime suspects , incidents , issues and trends . by collecting and assessing this data , they can identify relationships or connections between different crimes in different places .
the analysis is then used to provide insights that can drive or support law enforcement investigations , operations and strategy , as well as influencing government policy and decisions .
while the basic skills required are similar , the two categories differ with regard to the level of detail and the type of client for whom the products are designed .
strategic analysis is intended to inform higher level decision makers , and the benefits are realized over the long term .
the potential impact of external factors such as technology , demographics or economics on crime .
the analysts also provide consultancy services and training for police in member countries , often as part of larger interpol capacity building programmes on issues such as counter - terrorism or people smuggling .
our site uses cookies to ensure technical functionality , gather statistics and enable sharing on social media platforms .
the ncis pilot program was completed in june 2017 . an evaluation of the pilot was undertaken to inform government policy in relation to completing a full build of ncis .
additional materials for law enforcement personnel are available on the secured ncirc web site .
fact sheet : safeguarding the u . s . government ' s classified information and networks
© 2005 - 2018 ncirc / institute for intergovernmental research . all rights reserved .
mail your order to : ialeia p . o . box 13857 richmond , va 23225
gov . uk uses cookies to make the site simpler . find out more about cookies
we ' re building a new service – your feedback will help us to improve it .
for certain roles , you ' ll also need some knowledge of languages and technology .
the application process can be quite long , sometimes taking up to 9 months . as part of the process , you ' ll have your background checked . you ' ll need to be prepared to answer questions about your personal life , like relationships , family and finances .
you’ll usually need a background check from the disclosure and barring service ( dbs ) and a security check .
you might work for the police services , the armed forces or hm revenue and customs . you could also be an analyst for :
you ' ll need to keep up - to - date on security and confidentiality rules .
you also may receive other benefits like a pension and childcare benefits . these figures are a guide .
you’ll need to be prepared for the fact that you won’t be able to talk about your work . in some roles , you may not be able to reveal who your employer is .
with experience , you may work as a senior analyst , giving specialist advice and assessing trends to work with managers on future priorities .
you could also move to related areas of work within your organisation , for example applying to become a police officer .
all content is available under the open government licence v3 . 0 , except where otherwise stated
ciso began its operations in 1966 . its funding and support come from the ontario government and the law enforcement agencies in the province including the royal canadian mounted police .
we bring together police services and provincial and federal government agencies to identify and tackle organized crime across the province .
read about the ontario association of crime stoppers – fighting crime through the joint efforts of the community , the media and police .
alert was established and is funded by the alberta government and is a compilation of the province’s most sophisticated law enforcement resources committed to tackling serious and organized crime .


rbg resources was a british public-limited firm based in london that was allegedly involved in a serious fraud worth close to £ 300 million ( us$ 600 million ) .

rbg resources made $ 1.1 billion in sales in 2000 .

it was an affiliate of the united states based allied deals inc. , which was also involved in the fraud , and resulted in 14 people convicted or pleading guilty to related crimes .

rbg resources

customer rubber stamps for the false clients of rbg resources ( virendra rastogi ) . photograph : serious fraud office / pa
2 rbg was known by the name of impactworld plc on incorporation . it changed its name to allied deals plc on 17 july 1996 and then to rbg resources plc on 17 september 2001 .
attention will inevitably spread to the rest of virendra rastogi ' s empire . in addition to rbg resources and rbg capital , the filings at companies house show he is a director of several other firms , including rbg technologies , rbg films and two internet companies , webrizon and company hub .
( b ) the sale proceeds of rbg’s metals are to be released to rbg or its solicitors , as rbg’s solicitors may direct .
the court heard the 324 fake firms were apparently ordering vast quantities of metal from the usa , united arab emirates , hong kong and singapore through rastogi ' s company rbg resources plc .
viren rastogi , the indian - born multimillionaire frequently profiled in britain ' s ' asian rich list ' , has been arrested in connection with the collapse of his metals company , rbg resources .
creditors at financial institutions , such as german - based west lb and general motors , were told rbg resources gave their customers unusually long 180 - day ' credit windows ' before having to pay up .
the banks – including west lb , jp morgan chase and dresdner bank – lost more than £400m after they were duped into backing a series of bogus metal shipment trades by rastogi ' s firm rbg resources and related companies .
viren rastogi , 40 , once reckoned to be among britain ' s 10 wealthiest asians from running an apparently global metals empire based in mayfair trading as rbg resources and allied deals , was today convicted of fraud at southwark crown court .
by sgs , rbg remains the legal and beneficial owner of the metals in the fujitrans warehouses which had been held for the account of rbg prior to any dealing of the metals between rbg and cl .
1 the plaintiff , rbg resources plc ( “rbg” ) , is a public limited company incorporated in england . it was placed in compulsory liquidation in england on 12 june 2002 . the present action involves a claim by the second defendant , credit lyonnais ( “cl” ) , a bank incorporated in england , to various metals stored in warehouses in singapore . cl’s claim is resisted by the liquidators of rbg who , in turn , have made a claim against cl for conversion of metals owned by rbg .
the four companies at the centre of the allegations , allied deals , hampton lane and sai commodity - all based in piscataway , new jersey - and rbg resources in london , are alleged to have stolen millions of dollars in loans from numerous banks around the world by faking business transactions .
rbg resources ' parent company is registered in the british virgin islands and employs only a few people in britain , against 1 , 400 in romania and 1 , 200 in bolivia . in 1998 , it received a uk government grant of £25 , 000 to help buy a romanian copper plant .
rbg resources , primarily a metals and minerals producer , recorded sales of $ 1 . 1 billion in 2000 . concerns about the company , until recently known as allied deals , first surfaced after it was dropped in march by its auditor , pricewaterhousecoopers , over concerns that its accounts might include non - existent transactions .
15 if and when rbg exercised the call option , the hedging transaction placed by clrd would be unwound or closed out . in the meantime , clrd was supposed to deliver , by way of documentation , the metal to rbg and rbg would make payment .
17 in each rollover , rbg’s obligation to pay for its purchase was set off against clrd’s obligation to pay for its subsequent purchase . the difference was reflected in rbg’s account .
( d ) on 9 may 2002 , bcv commenced an action in singapore against rbg and fujitrans . bcv also obtained , on the same day , an interim injunction restraining rbg and fujitrans from dealing with or disposing of all metals which were the property of rbg .
129 in the circumstances , i find that rbg has established its claim against cl for conversion .
rbg resources , which operates in bolivia as well as romania and , according to its latest filing at companies house , had a turnover of more than £1 billion for the year ending 21 may 2001 , has now filed for bankruptcy . a potentially lucrative joint venture with the state - owned nigerian mining corporation to mine tin has bitten the dust as a result .
10 prior to the first metal transaction between rbg and clrd , rbg and clrd had engaged in an exchange of e - mail in which rbg had sought financing from clrd and clrd agreed to provide financing . however , the eventual structure of each group of transactions is as set out below .
22 there was a long discourse by cl in its closing submissions that because rbg was claiming to be the owner of the metals in fujitrans warehouses , it was incumbent on rbg to prove that assertion . i do not agree that rbg has to do so for the reasons set out below .
82 in any event , the issue before me is not so much whether rbg is estopped but whether the liquidators of rbg are estopped vis - à - vis cl’s ascertainment claim and bulk claim .
at the centre of the allegations are claims that allied , its london - based sister firm rbg resources , founded by virendra rastogi , brother of narendra and one of britain ' s wealthiest asians , plus two other new jersey metal brokers , hampton lane and sai commodity inc , engaged in a series of deals involving phantom shell companies posing as metal suppliers and customers .
113 accordingly , while it may be said that e - mail from rbg prior to the transactions had suggested that rbg was seeking a loan with the metals being provided as security , and cl’s e - mail in response did not disagree with what rbg was seeking , the end result was the contractual structure of a purchase and an option granted to rbg which gave rbg the entitlement but not the obligation to buy the metals back . as was observed by lord cullen in gavin , rbg would have stood in the same position as a borrower who had repaid the loan to it if rbg exercised its option . however , in the interval , cl would have been the owner , if the appropriation had been properly and validly carried out . further , if rbg chose not to exercise its option , then cl would remain the owner of the metals .
( i ) on 10 july 2002 , rbg obtained an order in the bcv action giving rbg discovery of all documents obtained by fujitrans under fujitrans’ anton piller orders and all affidavits filed by lim and documents produced by lim in the bcv action . the order also allowed rbg to use any of the documents discovered , as a result of the order , for the protection or determination of rbg’s rights whether in singapore or otherwise .
88 accordingly , i am of the view that estoppel cannot be used as against the liquidators of rbg .
8 although rbg initially started trading with clr back in 1998 , there is no claim arising from transactions between rbg and clr , which is a separate legal entity from cl . as can be seen , the claims involve the transactions with clrd only . as clrd is a division of cl , cl is the litigant against rbg .
26 as i have stated , under the terms of each purchase confirmation , title to and the right to possess the goods would pass from rbg to cl upon receipt of delivery documentation by cl and payment of the purchase price to rbg .
53 however , in rbg’s closing submissions at para 4 . 8 . 12 , rbg was not prepared to concede this one drum to cl arguing that the sticker was clearly insufficient to identify lot 519 - w127 as part of cl’s claim .
the fraudsters ware granted massive loans to cover them in the interim period and rbg borrowed half its annual ' turnover . '
63 relying on this statement , the liquidators argued that since rbg was in the business of buying and selling metals , the metals in the fujitrans warehouses were part of rbg’s general trading stock and hence , should be excluded from the definition of bulk .
19 in early march 2002 , cl received information that rbg’s auditors had resigned on the ground that certain transactions undertaken by rbg could not be substantiated . cl then decided to have a visual inspection of the metals it believed it had purchased from rbg . the inspection of metals in fujitrans warehouses was done on 12 march 2002 by clrd’s william john harris ( “harris” ) , also known as bill harris , the person who had been dealing with rbg’s representatives on the metal transactions . after this inspection various events occurred :
5 cl treated the 45 purchases mentioned above as 13 groups of transactions . each group of transactions comprised an initial purchase of metal by clrd , the grant of a call option to rbg to buy the metal and a subsequent exercise of the call option by rbg , followed by what has been called “rolls” or “rollovers” , ie clrd would then purchase the metal which rbg had exercised its option for , and grant to rbg another call option and so on . i will elaborate on the structure of the transactions later .
23 cl , and the other defendants , are the substantive plaintiffs as cl , and the other defendants , derive their alleged title or interests from rbg . for example , cl is claiming as purchaser from rbg . its claim must be premised on rbg’s ownership of the metal goods just prior to the purchase . indeed , para 4 ( 1 ) of cl’s reply and rejoinder states that rbg’s ownership of the metal claimed by cl and its ability to give absolute title is admitted by rbg and / or is not in issue and proof of the same is not necessary . if it is for rbg to prove its ownership prior to cl’s purchase , then where would cl stand if rbg failed to do so ? after the purchase , cl’s claim to title as purchaser depends on whether cl is able to establish its claim . if cl fails to do so , then by default , title to the metal remains with rbg vis - à - vis cl . whether other claimants should subsequently surface is another matter which does not concern cl’s claim .
police and the sfo are investigating allegations of false accounting at rbg after the company was forced into liquidation by creditors earlier this month .
a number of banks fear they may have lost up to $ 500 million lent to rbg . some are understood to be gulf - based banks but rbg ' s biggest creditor was westlb , the german financial services company that is seeking to finance the development of wembley stadium . westlb is thought to have an exposure to rbg of up to $ 200 million . the bank declined to comment yesterday .
for rbg , a subsidiary of rbg enterprises , a shadowy conglomerate based in the british virgin islands , pwc ' s resignation was a disaster . the uk company , which changed its name from allied deals only last september , had hitherto enjoyed significant support across the political spectrum .
( a ) on 2 may 2002 , the english court ordered rbg to be placed in provisional liquidation with effect from 3 may 2002 .
24 as for rbg filing the present action as plaintiff , this was pursuant to a direction from me when fujitrans was seeking interpleader relief . i have alluded to this above . as there were various claimants at the time , i was of the view that it would be neater for rbg to be the plaintiff and the various claimants to be the defendants . there would then be one action and several defendants instead of several actions , one by each claimant , and with only rbg as defendant . also , with rbg as plaintiff in the same and one action , it would be in a better position to lead and co - ordinate the various interlocutory steps leading to the trial . however , cl and the other claimants remain the substantive plaintiffs except , of course , in relation to rbg’s claim for conversion where rbg is the substantive plaintiff .
91 perhaps , in most instances , the illustration above would resolve itself either by rbg making physical delivery or payment of damages or going into liquidation .
jack cunningham , the former labour cabinet minister , and liberal democrat peer lord holme , acted as advisers to rbg but severed links to the company last month .
7 rbg’s claim against cl relates to 300mt of nickel briquettes which were removed from a fujitrans warehouse , on the instructions of cl , on 9 may 2002 .
16 however , in the groups of transactions before me , the matter did not end there . after the exercise of a call option , clrd would enter into a similar set of transactions all over again , ie clrd would purchase the metal from rbg , hedge it and issue a call option to rbg to purchase the metal during a future period . this was referred to as a “roll” or “rollover” . the number of rollovers would vary depending on whether rbg exercised the call option or not and whether another set of transactions was then entered into . however , in the rollovers , no fresh delivery of delivery documentation was required of rbg .
when rbg collapsed in may 2002 , investigators struggled to trace the metal - trading customers and those that were found consisted of ' low rent local trade operations . '
35 in so far as cl also relied on what was referred to as the tinfos transaction , this did not carry cl’s case further . the tinfos transaction was a matter in which cl had purchased 401 . 791mt of zinc from rbg on or about 10 january 2002 . as was in the other instances of purchase , cl received a fujitrans warehouse receipt . on or about 24 april 2002 , cl sold the zinc to rbg . cl was then informed by rbg that it had sold the zinc to tinfos nizi sa .
the complex fraud was only discovered in late 2001 when an associate of rastogi ' s in hong kong unintentionally faxed a number of fake letters to rbg ' s auditors pricewaterhousecoopers .
6 cl’s claim relates to five groups of metal transactions between rbg and clrd . the metals forming the subject matter of those transactions were stored in the fujitrans warehouses . these were :
14 on the same date as the purchase confirmation , clrd would grant rbg a call option giving rbg the right , but not the obligation , to purchase a similar quantity of the same generic metal . the call option was exercisable within a stipulated period . the expiry date of the option would be a date earlier than the forward date in the hedging transaction .
a . sorry , i misunderstood the question . there was no agreement with rbg that it would be held as a bulk . it was specified goods . sorry , mr gill .
upon the occurrence of an event of default rbg shall not be entitled to exercise its rights under this call option and all such rights shall lapse and clrd may sell nickel it is holding against this option to third parties and rbg shall indemnify and keep indemnified clrd against all losses , costs and expenses incurred by clrd as a result of such third party sales .
( c ) cl is to pay damages to rbg for conversion of the nickel briquettes . such damages are the net purchase price or prices which cl has obtained for the same .
117 in the call option confirmation , one of the events of default was if rbg became insolvent or was generally not paying its debts as they became due . bearing in mind that rbg was not contractually obliged to exercise the call option in the first place , the inclusion of cl 5 was surprising . it gave rise again to the spectre of a security arrangement .
( m ) on 4 october 2002 , rbg commenced the present action and served its writ of summons on various defendants . thereafter this action proceeded to trial . however , before the trial commenced , rbg reached a settlement with the first , third , fifth , sixth and seventh defendants . there was no settlement with the fourth defendant which did not even enter a defence to rbg’s action . a judgment in default of defence was entered against the fourth defendant . cl , the second defendant , was the only remaining claimant to metals in the fujitrans warehouses .
42 as i have mentioned , prior to 12 march 2002 , cl had received information that rbg’s auditors had resigned on the ground that certain transactions of rbg could not be substantiated . harris then decided to come to singapore to do an inspection to establish that what was believed to be held by fujitrans to the order of cl was , in fact , in the warehouses .
3 rbg ( then known as allied deals plc ) became a customer of credit lyonnais rouse ltd ( “clr” ) in 1998 . clr was at all material times a wholly - owned subsidiary of cl and a ring - dealing member of the london metal exchange ( “lme” ) . subsequently , from october 2001 , rbg entered into metal trading with a division of cl called credit lyonnais rouse derivatives ( “clrd” ) . this division trades in various commodities , including metal . the transactions between rbg and clrd were between october 2001 to april 2002 . during this period , there were 158 transactions between clrd and rbg regarding the purchase of metals in various locations around the world . these 158 transactions included 45 purchase transactions relating to metals in warehouses supposedly operated by fujitrans ( singapore ) pte ltd ( “fujitrans” ) .
judge james wadsworth qc said the ' collusion ' of rastogi ' s company rbg , and his brother ' s company in america resulted in billions of dollars being borrowed from banks all over the world .
( g ) on 18 june 2002 , fujitrans applied in the bcv action for interpleader relief , citing the claims against fujitrans made by bcv and cl , and the demands from various other bank creditors of rbg .
( a ) that cl had purchased generic metal from rbg in each purchase transaction which metal was subsequently ascertained by appropriation to each contract of purchase . hence title therein passed to cl ( “the ascertainment claim” ) .
the observer can reveal that rastogi was the unnamed rbg ' employee ' apprehended last week in dawn raids by the serious fraud office and the city of london police . he was later released without charge on police bail .
108 accordingly , in so far as the liquidators were seeking to go behind the legal relationship between rbg and cl , it seems to me that the lord president’s judgment in the case of gavin did not assist the liquidators .
77 cl also submitted that by delivering or procuring the delivery of the warehouse receipts to cl , rbg had represented to cl that it was appropriating metals to the purchases or alternatively , that it was identifying the bulks of nickel , copper and tin in the fujitrans warehouses as bulks from which cl’s metals were to come . in reliance on such representations , cl had acted to its detriment by paying the purchase price and rbg is therefore estopped from contending otherwise .
95 as cl was relying on s 20a of the act , rbg sought to deny cl any relief under s 20a by , in turn , relying on s 62 ( 4 ) of the act . section 62 ( 4 ) states :
90 as to whether estoppel could be available against rbg itself in a bulk claim , i also have some doubt if the bulk has not been identified . further , can there be a bulk claim by estoppel over and above the s 20a claim ?
by the time both allied and rbg ' s auditors had resigned , allied ' s shankar had quit , too , confiding in a colleague that he was ' unwilling to continue lying to the banks ' , according to the criminal charge levelled last week .
in para 148 of cl’s reply submissions , cl submitted that cl 5 would have applied where rbg , having exercised the call option , committed a breach of the terms of the call option . in my view , cl 5 was not worded as such .
11 clrd would purchase a certain quantity of a particular metal ( eg nickel ) from rbg on an over - the - counter or private contract basis . the metal was supposed to be of lme grade . the purchase was constituted or evidenced by clrd’s purchase confirmation , the terms of which required delivery documentation to be delivered to clrd . the purchase confirmation also provided for title and risk to the metal to pass from rbg to clrd when the delivery documentation was received by clrd and the purchase price was paid by clrd .
116 what is more interesting is cl 5 of the standard call option confirmation which the liquidators also relied on . it will be recalled that after each purchase by cl , cl would grant rbg a call option to buy back the metals . clause 5 stated :
101 on the facts before me , there was no relationship of borrower and lender and no obligation on the part of rbg to pay cl after each sale , although the original intention might well have been for cl to lend money to rbg on the security of the metals it purchased . it seems to me that the legal transaction was a sale and purchase and not one of a loan with a security . the fact that cl was holding the same metals it had bought against each call option does not change the position .
12 the purchase price was the price calculated by clrd and agreed to by rbg . the calculation started off with a basis price from which various items were discounted or deducted . this lower price became the purchase price . the various items deducted were in respect of :
9 i will deal with cl’s claims first and then with rbg’s claim . i have included , at the end of my judgment , a schedule listing the dramatis personae for easy reference . the list is of those i have referred to in my judgment more than once .
( k ) on 7 august 2002 , rbg filed a petition in singapore in companies winding up no 60 of 2002 . on 8 and 13 august 2002 , various orders were made appointing singapore provisional liquidators over rbg and allowing them to survey and sell metals in various warehouses , including fujitrans warehouses , without prejudice to the claimants’ rights and to hold the proceeds of sale of the metal goods pending further order . the survey was done by sgs testing & control services singapore pte ltd ( “sgs” ) . on 7 october 2002 , rbg was ordered to be wound up by the singapore court and the persons previously appointed as provisional liquidators in singapore were appointed its liquidators in singapore . after the survey , the metals were sold and the sale proceeds of the disputed metals are being held pending the court’s determination of the disputes .
89 furthermore , i doubt if estoppel would have been available as against rbg itself , assuming it was not in liquidation , to overcome an absence of ascertainment . for example , if rbg sold 100mt of nickel to each of three purchasers and there were only 120mt of nickel in the fujitrans warehouses , how would any of the purchasers be able to claim its 100mt in the face of competing claims by the others ? of course , if rbg decided to physically deliver to one purchaser its 100mt first , that would probably constitute the appropriation , leaving aside any question of undue preference in a liquidation . however , in the absence of such a delivery , each of the purchasers would still have no title to the metals in the warehouses . estoppel would not help as the question would remain as to which metals the purchaser has title to .
( c ) alternatively , that each of cl’s contracts for the purchase of metal was of a specific quantity of unascertained metal that formed part of a bulk which bulk was identified not in the purchase confirmation but by subsequent agreement between rbg and cl . accordingly , cl was owner in common with rbg of the metal to the extent of the quantity purchased by cl pursuant to s 20a of the sale of goods act ( cap 393 , 1999 rev ed ) ( “the bulk claim” ) . i will refer to the sale of goods act as “the act” .
40 the fact that lim could deliver another quantity of metal , ie 300mt of nickel briquettes , to cl when asked to do so also did not advance cl’s position further . i will say more later about the release of the 300mt of nickel when i deal with rbg’s conversion claim .
94 as i have already mentioned , rbg is not the substantive plaintiff in so far as cl’s claims are concerned . cl is making its claim to metals in fujitrans warehouses and i see nothing contrary to public policy to require cl to establish its title to the metals . it is not a question of allowing rbg to benefit from its illegal conduct in the sense mentioned in beresford . furthermore , there is no question of double enrichment . cl has paid for the metals . if it cannot establish its title to the metals , it will have to claim as an unsecured creditor .
( b ) on 6 may 2002 , darryl john kennard ( “kennard” ) , an english solicitor representing another bank , banque cantonale vaudoise ( “bcv” ) , spoke to and also met with lim about the metals in the fujitrans warehouses . lim told kennard that all such metals belonged to rbg .
119 in any event , i note that cl 5 would not apply if rbg had simply allowed the call option to lapse without an event of default . accordingly , i am of the view that cl 5 did not turn a purchase and a call option into a loan with a security .
the company employed former labour cabinet minister jack cunningham and the liberal democrat peer , lord holme , as consultants . former tory energy minister lord gray sat on the board of its sister company , rbg capital . all have now resigned , though there is no suggestion of any wrongdoing on their part .
rbg was apparently trading in the great financial centres of the world - london , new york , dubai , hong kong and singapore - but after a bizarre slip the business was found to be a sham , with a network of false addresses masterminded by rastogi and his three brothers operating around the globe .
70 as regards the third requirement , cl had to establish that the bulk was identified either in each contract or by subsequent agreement between the parties . it was common ground that at the time each contract was entered into , the bulk was not identified as the location of the metal sold was not mentioned in the contract document , ie the purchase confirmation . indeed it was cl’s position that , legally , rbg was not obliged to tender or forward delivery documentation from fujitrans subsequent to the entry of each contract so long as the delivery documentation pertained to metal of the type and quality sold , even though cl and rbg may have been contemplating metal in a fujitrans warehouse .
115 the names below those minutes were those of andy howell , relationship manager , and roy pemberton , head of commodities . neither were called by cl to give evidence to explain this paragraph of the minutes which seemed to suggest that cl was looking at a security arrangement . however , harris said that andy howell was working in a separate department and reported to roy pemberton while harris himself reported to andy grooch . harris also said that andy howell had never spoken to him about clrd’s relationship with rbg . moreover , i note that the minutes were dated about three years before rbg began to enter into transactions with clrd . accordingly , i did not place much weight on the minutes .
97 the parties had initially proceeded on the basis that it was necessary for the liquidators to establish that , in reality , each sale contract was a contract by rbg to provide metal as security to cl for a loan to rbg . in dealing with this point , much was said on behalf of the liquidators about financing transactions as though a financing transaction was necessarily a transaction for a loan . in my view , a financing transaction does not necessarily encompass a loan . thus in thai chee ken v banque paribas [ 1993 ] 2 slr 609 , the court of appeal cited the following passages with approval . in in re george inglefield , limited [ 1993 ] ch 1 , romer lj said at 27 :
( l ) in the meantime , on 6 september 2002 , after considering the claims of various claimants pursuant to the orders given for interpleader relief in the bcv action , i directed rbg to commence a fresh action as plaintiff and to name the claimants as defendants . i also gave directions on various matters including the exchange of pleadings and discovery of documents .
32 as regards the lot numbers in the warehouse receipts , i am of the view that they were neither here nor there . they could have been genuine references from a warehouse accounting system or numbers which lim or rbg had plucked out of the air to give the appearance of physical lot numbers or of lot numbers as part of a warehouse accounting system .
128 on another point , rbg argued that what was released to steinweg did not conform to what was purchased by cl . this argument was raised because cl’s initial contract of purchase of nickel briquettes and subsequent rollovers were for the purchase of nickel briquettes of lme grade . the nickel briquettes released were not all of lme grade . however , on this point , harris said that after the initial purchase , cl was aware that not all the nickel briquettes were of lme grade and therefore a further discount was given by rbg to cl for the deliverability allowance as the non - lme metal would attract a bigger discount should it be on - sold by cl to others . there was documentary evidence of this further discount . thus , although the contract documents were not amended , it seems to me that rbg and cl had agreed that what was being sold to cl were nickel briquettes of mixed grades . however , this view does not get cl off the hook in the light of my conclusion that the nickel briquettes had not been appropriated to cl before the release to steinweg .
50 harris was referring to a conversation and a meeting which lim had had with kennard on 6 may 2002 . i have alluded to this above . according to kennard , lim had told him that all the metals in the fujitrans warehouses belonged to rbg . there was also apparently an inspection by joseph quiazon , a representative from another bank , but he did not give evidence .
( c ) on 7 may 2002 , harris had a telephone discussion with lim . as a result of the discussion , another warehouseman , c steinweg warehousing ( fe ) pte ltd ( “steinweg” ) , was allowed to take delivery of 300mt of nickel briquettes out of a fujitrans warehouse , on behalf of cl on 9 may 2002 . this is the subject of rbg’s conversion claim .
( b ) alternatively , that after the metal had been ascertained , it was wrongfully commingled by fujitrans with other metal in the fujitrans warehouses and no longer became capable of ascertainment . accordingly , the metal in each category of metals corresponding to the metal purchased by cl and remaining in the fujitrans warehouses was held for rbg and cl as tenants in common ( “the commingling claim” ) .
27 cl’s position was that for each of its purchases , delivery documentation was received by it and payment made to rbg accordingly . the delivery documentation was sent by fax and was in the form of a warehouse receipt on a fujitrans letterhead certifying that fujitrans was holding a specific quantity of goods for the account of and to the order of cl . the original was later received by cl .
the squad ' s investigations were triggered after ernst & young , auditors to allied , and rbg ' s auditor , pricewaterhousecooper ( pwc ) , resigned in january . ernst & young said it went over allied ' s ' inability to audit certain overseas transactions ' . pwc said it was unable to satisfy itself that six apparent deals with parties in hong kong , belgium and switzerland had really taken place .
liquidators from grant thornton have been chasing the assets for a decade since rbg rapidly collapsed in the wake of a 2002 raid by the serious fraud office . a sham international paper trail led them not to warehouses full of metals , but to a long list of addresses that amounted to little more than brass plates , including a cowshed near delhi . creditors were quickly told they would not receive a penny .
13 it was anticipated that clrd would enter into a concurrent lme hedging transaction with clr for the forward sale by clrd to clr of a similar quantity of the same generic lme metal . the price for this forward sale formed the basis price for the initial purchase by clrd from rbg . the period of time between the initial purchase and the forward date was the period of time over which the discounts were calculated .
52 there is one minor qualification . in one of the sgs survey reports , ie sgs survey report certificate no 6005 / 170028 , for severonickel dated 14 april 2001 , there is a reference , at p 74 , to words on a document on one drum of nickel identified in the sgs report as 519 - w127 . these words on the document are “credit lyonnais rbg a / c” . the document is a piece of paper stuck near the bottom right of the drum with the words barely visible . in cross - examination , mr malcolm brian shierson ( “shierson” ) , one of the english liquidators of rbg , was prepared to give some weight to that sticker and agreed , initially , that it was possible to associate other drums in the same area as being nickel held for cl . however , he then said he was prepared to accept that the sticker gave cl “some credibility to claim that drum” alone .
118 harris , not being a lawyer , could only say that he had inquired of cl’s legal department and it was explained to him that as cl was holding stock against each option , there might be a loss to cl if cl had to liquidate the stock . cl would then want to claim consequential damages against rbg . clause 5 was incorporated to take into consideration the case of hadley v baxendale ( 1854 ) 9 exch 341 ; 156 er 145 .
38 in the absence of any further evidence to suggest otherwise , i am of the view that that was what lim did and the lot numbers were not a means of appropriation by way of a warehouse accounting system . that tinfos had also referred to the same lot numbers in its communication with fujitrans was also neither here nor there because tinfos had , in my view , simply used the same lot numbers as must have been given to it by rbg or cl or lim .
123 the liquidators’ position was that according to rbg’s records , which were admittedly incomplete , there should have been 750mt of nickel briquettes in the fujitrans warehouses as at the date of provisional liquidation in england in may 2002 . there was no reference in any packing list of nickel briquettes leaving the fujitrans warehouses . the liquidators submitted that cl was not able to demonstrate that the 300mt of nickel briquettes removed on its behalf belonged to it and that its 300mt would have been part of the 450mt missing from the warehouses .
51 in my view , lim knew that rbg did not have enough metals for its transactions with various banks , whether the banks were purchasers or lenders . i will refer to this as the overlapping of metals . on 12 march 2002 , he knew where different metals were stored , he knew the purpose of harris’ visit and he took harris around and pointed to various locations where sufficient metals of the type in question were stored so as to give the impression that he could identify cl’s metals to the exclusion of those of others .
once they had obtained financing from the banks they used the money as a security assurance for future loans , essentially operating a massive ponzi scheme . the network of transactions was able to fool banks into thinking the money they received was coming from genuine trades . in fact the money was simply being moved around between different providers of capital , with a portion being siphoned off into offshore trusts in the british virgin islands . in this way rbg was able to defraud some of the world’s biggest banks out of around of £300m and make the money ' disappear ' ( edwards , 2008 ) .
125 i also note that cl is not relying on s 18 rr 5 ( 1 ) and 5 ( 2 ) of the act to claim that the release of the nickel briquettes amounted to appropriation if there was no earlier appropriation of the same . if cl had sought to rely on the release , it would have had to contend with two questions bearing in mind that the date of release , ie 9 may 2002 , was after the effective date of the appointment of provisional liquidators and commencement of winding up in england . the questions then would have been whether lim still had authority to release the metal and whether the release was void for being a disposal of rbg’s assets after the commencement of winding up .
rastogi , 34 , who lives in london and has an estimated personal fortune of £150m , began his career as a scrap metal merchant . separately , he is thought to be under investigation for alleged customs and excise fraud in india .
© 2018 guardian news and media limited or its affiliated companies . all rights reserved .
bogus invoices led to ' clients ' in indian shacks , say us court papers . jamie doward reports on a crime the fbi calls ' larceny as sure as hauling bags of cash from a bank '
the voice at the end of the phone sounded sceptical . very sceptical . why , the us banker asked , had the invoice been faxed from allied deals ' headquarters in a sleepy town in new jersey ? after all , it was supposed to have gone to the bank direct from an allied customer based in asia .
allied ' s 27 - year - old treasurer , udhay shankar , replied that the invoice had been faxed to the firm ' by mistake ' .
the banker remained sceptical . the fax had no facsimile line to show that it had come from abroad .
shankar changed tack , claiming that allied had asked the customer to send the invoice - proof of a significant transaction - by overnight delivery .
but allied had sent the bank the fax before 9 . 30am . as non - stop flights between asia and new york take at least 14 hours it was practically impossible that shankar ' s story was correct .
it was september 2001 , and even before the terrorist attacks on the eleventh of that month there were whispers that allied , the large metal broker headed by narendra rastogi , was in trouble . payments from customers were drying up . what was happening didn ' t make sense . none of allied ' s clients appeared to be connected , yet they were all stopping payments .
to the banks , which included jp morgan chase , and dresdner , such a co - ordinated action was unprecedented . add in the concerns over false invoices and it was clear the situation needed urgent investigation . just what was going on ?
according to criminal charges filed last week in the united states , what was going on was a fraud of massive proportions which ' raised deceit and misrepresentation to an art form ' .
in what threatens to be one of the most complex and serious banking scandals in recent years , it is alleged that , for at least two years , allied , as part of a ring of interlinked metal broking firms , used fake invoices , purchase orders and bills as proof of genuine deals against which they were able to borrow more than $ 600 million from a consortium of banks . even when the banks became suspicious , the firms went on trying to lie their way out of trouble , according to the us authorities .
james b . comey , the united states attorney for the southern district court of new york said the alleged fraud had ' consequences reverberating worldwide ' and included a cover up of ' astonishing scope and magnitude ' .
instead of their money being used to pay the suppliers , as the banks had believed , the authorities allege much of it was secreted away in accounts owned or controlled by shankar , narendra and virendra rastogi , and two other men , anil anand and manoj nijhawan . in one deal alone , it is claimed , almost $ 65m of an $ 85m transaction went into accounts held by the five and their associates .
last week shankar , narendra rastogi , anand and nijhawan were arrested and charged with conspiracy to commit bank , mail and wire fraud . if found guilty , the four face up to five years imprisonment , plus fines .
given the scale of the investigation more arrests are likely . an fbi spokesman declined to comment on whether investigators will seek the extradition of virendra rastogi whose home was raided by the city of london fraud squad earlier this month .
as the squad combed his home in london ' s plush portman square it became clear rastogi had been shredding a number of documents , according to the us authorities .
it had received backing from the british embassy in romania , where it had bought a smelting plant , and the european bank for reconstruction and development .
virendra rastogi , 34 , who describes himself as a ' serial entrepreneur ' and is said to be worth £150m , has been investigated before . the rastogi family businesses have been under investigation by the indian authorities for alleged customs and excise fraud .
it was claimed companies controlled by the rastogis exported bicycle parts to russia and hong kong at inflated prices . investigations by the indian authorities , found that the firms that ' bought ' the parts were not at the addresses given .
one brother , subash rastogi , also once an allied deals director , was arrested last year as a result of the investigations .
amid the fallout , only one thing seems certain . if the original alleged fraud was massive , the cover - up was even bigger . as the banks investigated , the metal traders are alleged to have obfuscated further . initially they claimed their customers were defaulting on payments because of a family feud in india . then they blamed the fact that subash had been arrested . they also cited the 11 september attacks .
unimpressed , the banks decided it was time to confront the traders ' customers themselves . executives were dispatched to india , hong kong , singapore , the united arab emirates and other countries .
but while the banks screamed for their money , the traders , it is said , were attempting a complex juggling act . the us authorities allege they ' used loan proceeds from one victim bank to pay down debt owed to another victim bank and attempt to draw in new victim banks and seek even more credit , while concealing and perpetuating their fraud ' . despite their best efforts , the banks ' men were unable to find the customers . office addresses in india , for example , were found to be nothing more than shacks hidden down side streets which could be reached only by rickshaw .
inside , the banks ' investigators found ' with few exceptions , no fax machines , computers , or equipment necessary to produce documents those customers had purportedly sent to the companies ' offices in new jersey ' .
similarly , when representatives of one of the banks , general bank , went in search of customers in new jersey they found only a run - down home that had been empty for two years .
it is also alleged that the traders arranged for ' fake ' customers to meet with the banks ' representatives and that conference calls were permitted only after narendra rastogi had talked to his ' clients ' first . those few clients rastogi produced seemed to have little idea who he was , according to the charges .
if the allegations are proven , those involved face a life of ignominy which , to proud men who have rubbed shoulders with politicians , will be far worse than jail sentences .
worse , if found guilty they are in danger of being labelled as nothing more than common bank robbers . kevin donovan , assistant director in charge of the new york field office of the fbi , said : ' these defendants . . . tried to pass off straw men as customers when the lending banks got suspicious . this is larceny as surely as breaking into the bank vault and hauling off bags of cash . '
the us attorney ' s office describes the alleged fraud as ' massive ' , and it is not hard to see why .
the victim banks are : jp morgan chase & co , fleet national bank , pnc bank , kbc bank , hypo vereins bank , dresdner bank lateinamerika , china trust bank , general bank .
the four firms claimed to be brokers , buying and selling metal , arranging for overseas shipments of metal , and providing interim financing to suppliers and customers . to provide such financing , the four firms entered into a series of complicated loan agreements with the banks .