COLLEGE OF CRIMINAL JUSTICE EDUCATION

Nayon, Lamut, Ifugao

Instructional Material in
Specialized Crime Investigation
2
with Simulation on
Interrogation and Interview
Techniques

FEONA GAIL M. PORTILLA, RCrim

Subject Instructor
TABLE OF CONTENTS
Chapter 1 Introduction
A. Concept of Special Crime Investigation
B. Terminologies
Chapter 2 Concept of Organized Crime
A. Attributes of Organized Crime Group
B. How organized crime groups work?
C. Organizational Structure
D. The Five Levels of Organized Crime Group
E. The Mafia
F. The Yakuza
Chapter 3 Concept of Transnational Crime
A. Transnational Crime as defined
B. Initiatives in Combating Transnational Crime
C. Types of Transnational Crime
Chapter 4 Concept of Economic Crime
A. Economic Crime Theory
B. Types of Economic Crime
C. Money Laundering
Chapter 5 Interview and Interrogation
A. Concept of Interview
B. Stages of Interview
C. Concept of Interrogation
D. Confession and admission
E. Techniques of interrogation
F. Methods of detecting deception
Reference
Chapter 1
Introduction

Concept of Special Crime Investigation

This course provides emphasis on the Constitutional Rights of a person arrested,
placed under investigation, search and seizure. It takes on the conduct of interview and
interrogation of suspects, person of interest and witnesses and simulates on the different
crimes against person, economic crimes and other special laws on transnational and
organized crimes. The evidence required and the report writing.

Special crime by operational definition simply implies that these crimes are special
since they are within the purview of the Revised Penal Code instead these are provided by
special laws. In this note, is therefore a must to understand the pros and cons of special
crimes. Understanding on how to investigate special crimes there is a need for us to first
have glimpse on the development and connections of international to local laws because of
its nature common to transnational crimes.

Terminologies

1. Special Crimes
It refers to crimes outside of the Revised Penal Code. These are defined by
special criminal laws anchored on the definitions provided by United Nations and
other international laws. However, domestic definitions are also governing when the
crime is specific to a certain state or nation
2. Organized Crime
It is categorized as transnational, national or local groupings of highly
centralized enterprises run by criminals who intend to engage in illegal activity,
mostly for profit.
3. Transnational Crimes
These are crimes that have actual or potential effect across national borders
and crimes that are intrastate but offend fundamental values of the international
community.
4. Corporate Crimes
These refer to crimes committed by either by a corporation or by individuals
acting on behalf of a corporation or other business entity.
5. White collar crimes
These crimes typically involve stealing money from a company and that it is
done by people who have important positions in the company.
6. Case build up
It refers to the process of gathering interrelated pieces of evidence against
someone who violated the law such that there will be basis for prosecution.
7. Arrest
It is the actual taking of a person or persons into custody by an authority in
order that he/they may be bound to answer for the commission of an offense.
8. Search
It is the act of examining documents, papers and effects.
9. Complaint
It is a sworn written statement charging a person or a group of persons of an
offense that is subscribed by the offended party such as the victim/s of the offense
committed, or any other peace officer charged with the enforcement of the law
violated.
10. Information
An accusation in writing charging a person or a group of persons of an
offense that is subscribed by the prosecutor or fiscal.
11. Warrant of Arrest
Warrant of arrest is an order in writing issued in the name of the People of the
Philippines, signed by a judge directed to a peace officer, commanding him to arrest
the person designated and take him into custody of the law in order that he may be
bound to answer for the commission of an offense.
12. Search Warrant
Search Warrant is an order in writing issued in the name of the People of the
Philippines, signed by the judge and directed to a peace officer commanding him to
search for personal property and bring it before the court.
13. Criminal Investigation
Criminal Investigation is a logical process of collection and analysis of facts
about persons, things and places relative to a crime. It includes the identification of
the guilty party, the location of the whereabouts of the guilty party, and providing
admissible evidence to establish the guilt of the parties involved in the crime.
14. Custodial Investigation
It is the term to denote the investigation conducted by the investigator on the
suspect who is under police custody. This is the stage of the investigation where
there is strict observance of the MIRANDA DOCTRINE.
15. Golden rule of Investigation
The golden rule states “Do not touch, alter, move, or transfer any object at the
crime scene unless it is properly marked, measured, sketched and/or photographed.”
Chapter 2
Concept of Organized Crime

Organized Crime as defined

● A criminal activity by an enduring structure or organization developed and devoted

primarily to the pursuit of profits through illegal means.
● A system of crime in which a group of individuals create and maintain a corporate like
organization, its members having individually-recognized responsibilities and
obligations.
● Organized crime is a non-ideological enterprise involving a number of persons in
close social interaction, organized on a hierarchical basis, with at least three
levels/ranks, for the purpose of securing profit and power by engaging in illegal and
legal activities.

Characteristics of Organized crime

a) It is a conspiracy activity involving coordination of members.

b) Economic gain is the primary goal.
c) Economic gain is achieved through illegal means.
d) Employs predatory tactics such as intimidation, violence and corruption.
e) Effective control over members, associates and victims.
f) Organized crime does not include terrorist dedicated to political change.

Attributes of Organized Crime Group

● It is hierarchical
● It is monopolistic
● It perpetuates itself
● It has no political goal
● It constitutes a unique culture
● It has limited and exclusive membership
● It is governed by explicit rules and regulations
● It demonstrates specialization or division of labor.
● It exhibits a willingness to use illegal violence and bribery.

How organized crime groups work?

In an organized crime family, it works in this manner to maintain coordination and loyalty.

⮚ Enforcer- one who makes arrangements for killing and injuring the members or non-
members.
⮚ Corrupter- one who bribes, buys, intimidates, threatens, negotiates and sweet talks
into a relationship with the police, public officials or any else who might help the
members security and maintain immunity from arrest, prosecution and punishment.
⮚ Corruptee- a public official, usually not a member of the organization family, who can
wield influence on behalf of the organization’s interest.
Organizational Structure

The Boss

At the top of the pile is the boss. A boss makes all the major decisions and all the
Mafia income ultimately came to him. His authority was required to control the Mafia
members and to resolve any disputes. In the late 20th century and even today, the real boss
keeps a low-profile and assigns an acting boss to keep his real identity hidden from the likes
of the press, and the FBI. One such case was seen in the Genovese Crime Family when
Tony Salerno was given the role of acting boss, even though Vincent Gigante was infact the
real boss.
The Underboss

Just below the boss is the underboss. The underboss is the second in command,
although the amount of power he holds can vary. Some underbosses resolve disputes
without involving the boss himself. Some underbosses are groomed to replace the boss if he
is old or in danger of going to jail. An example of a famous Underboss was Sammy Gravano.
The Consigliere

In between the boss and underboss is a role of an advisor to the boss. The
Consigliere as they are more commonly called are there to make impartial decisions based
upon fairness and for the good of the Mafia. They Consigliere never really gets involved in
the business and criminal operations but they still get respected as if they were a boss. If
you have ever watched the Godfather then Tom Hagen, played by Robert Duvall, was a
great example of this role. Frank Costello was also a Consligliere to Lucky Luciano, when
Vito Genovese was the Underboss.

The Caporegime

A Caporegime is sometimes referred to as the Captain or the Capo of a crime family.

How many capos there are in a given family simply depends on how big that family is. The
role of a Capo is to manage their own crew within the crime family, they will be given a
designated geographical location to operate within, or they will be given a particular racket to
run. A Capo’s career relies heavily on how much money they can bring into the family. The
Capo keeps some of his earnings and the rest are passed up to the Underboss and
ultimately the Boss. There have been many famous capo’s throughout the past 100 years
such as John Gotti and Joe Adonis.
The Soldiers
At the bottom of the tree are soldiers or saldato, who will report to their Captain.
Soldiers are street level mobsters who essentially are no more than your average type
criminals and there can be many soldiers assigned to one capo. They can earn a lot or they
can earn a little, but the majority won’t earn much because any money earnt is passed up
the tree. They will stick their necks on the line, and a lot of soldiers can end up murdered by
rival gangs or banged up in jail. Again there are many soldiers that have been and gone, but
one famous solider who earnt well for his boss was Robert Di Bernardo, under Paul
Castellano.
The Associates
The final part of a family comes in the shape of an associate. Up until now every role
within the family from Boss to Underboss, Capo to Soldier will have all been made men.
However, an associate is exactly how it’s described. They are not actual members of the
Mafia, but they work with Mafia soldiers and capos on various criminal enterprises. An
associate is simply someone who works with the mob, including anyone from a burglar or
drug dealer to a lawyer, investment banker, police officer or politician. Associates can still
become made-men if they meet the criteria set out, if successful they will be promoted to a
street solider, usually.
THE FIVE LEVELS OF ORGANIZED CRIME GROUP
1. The Criminal Group
The criminal group represents the criminal core of the organized crime.
2. The Protectors
It includes corrupt public officials, business people, judges, attorneys,
financial advisers and others who protect the interest of the criminal group.
3. The Specialized Support
It includes persons who provide contract services that facilitate organized
crime activities, such as pilots, chemists, arsonists, and smugglers.
4. User support
It provides the criminal group with their consumer market: persons who
purchase organized crime’s illegal goods and services such as those people who
knowingly purchase stolen goods.
5. Social Support
It involves persons and organizations who create a perception of legitimacy
for organized crime.

GENERIC TYPES OF ORGANIZED CRIMES

1. Political Graft
It is manned by political criminals who use force or violence of a means to
obtain profit or gain or achieving political aim.
2. The Mercenary /Predatory
The crimes committed by these groups for direct personal profit but they prey
upon unwilling victims.
3. In-Group Oriented Organized Crime
This group is manned by semi-organized individuals whose major goals are
for psychological gratification such as adolescent gang.
4. Syndicated Crime
Illicit activity through the use of force, threat and intimidation.
PRIMARY SOURCES OF INCOME
Organized crime, complex of highly centralized enterprises set up for the purpose of
engaging in illegal activities. These include the following:
● Cargo theft
● Fraud
● Robbery
● Kidnapping for ransom
● Demanding of “protection” payments
● Supply of goods and services
● Drugs
● Prostitution
● Loan-sharking
● Gambling

THE MAFIA
⮚ The first organization to bear the label was the Sicilian Mafia based in Italy, known to
its members as Cosa Nostra.
⮚ MAFIA is a Sicilian-Arabic term derived from terms meaning to protect and to act as
guardian; friend or companion; to defend; preserve power; integrity, strength.
⮚ The word MAFIA is believed to be an acronym.
La Cosa Nostra
⮚ The original name of Mafia meaning, “Our Thing”.
Mafioso
⮚ Sicilian phrase which means “friends of friends”.
⮚ The member of the Mafia
⮚ Man of Honor
FOUR MAJOR CRIMINAL NETWORKS CURRENTLY BASED IN ITALY
The Sicilian Mafia
● The first organization to bear the label and based in Sicily Italy, known to its
members as Cosa Nostra.
● It is the most powerful and most active Italian Organized crime group in the US and
pioneered the excellent cadaver.
The Ndrangheta of Calabria
● A criminal organization in Italy centered in Calabria.
● The most-powerful crime syndicate of Italy in the late 1990s and early 2000s.
● The calabrian word ‘ndrangheta derives from Greek word andragathia for heroism
and mainly virtue meaning a courageous man.
The Camorra of Naples
● It is an Italian Mafia-type crime syndicate, or secret society, which arose in the region
of Campania and its capital Naples.
● The largest group of Mafia but quite not as unified as Sicilian mafia.
● The word Camorra is a blend of capo(boss) and neopolitan street game, the morra.
The Sacra Corona Unita of Puglia
● The Mafia-type criminal organization from Apulia (in Italian Puglia) region in Southern
Italy, and is especially active in the areas of Brindisi, Lecce and Taranto.
THE TEN COMMANDMENTS OF MAFIA
“I swear to be faithful to Cosa Nostra. Should I betray, my flesh will burn”
1. No one can present himself directly to another of our friends. There must be a third
person to do it.
2. Never look at the wives of friends.
3. Never be seen with cops.
4. Don't go to pubs and clubs.
5. Always being available for Cosa Nostra is a duty - even if your wife's about to give
birth.
6. Appointments must absolutely be respected.
7. Wives must be treated with respect.
8. When asked for any information, the answer must be the truth.
9. Money cannot be appropriated if it belongs to others or to other families.
10. People who can't be part of Cosa Nostra: anyone who has a close relative in the
police, anyone with a two-timing relative in the family, anyone who behaves badly
and doesn't hold to moral values.
THE MAFIA IN THE 20th CENTURY AND BEYOND
The Mafia’s influence in Sicily grew until the 1920s, when Prime Minister Benito
Mussolini came to power and launched a brutal crackdown on mobsters, who he viewed as
a threat to his Fascist regime. However, in the 1950s, the Mafia rose again when mob-
backed construction companies dominated the post-World War II building boom in Sicily.
The American Mafia, a separate entity from the Mafia in Sicily, came to power in the
1920s Prohibition era after the success of Italian-American neighborhood gangs in the
booming bootleg liquor business. By the 1950s, the Mafia (also known as Cosa Nostra,
Italian for “Our Thing”) had become the preeminent organized-crime network in the United
States. Like the Sicilian Mafia, American Mafia families were able to maintain their secrecy
and success because of their code of omerta, as well as their ability to bribe and intimidate
public officials, business leaders, witnesses and juries.
During the 1980s and 1990s, prosecutors in America and Italy began successfully
employing tough anti-racketeering laws to convict top-ranking mobsters. Additionally, some
Mafiosi, in order to avoid long prison terms, began breaking the once-sacred code of omerta
and testified against fellow mob members. After hundreds of high-profile arrests over the
course of several decades, the Mafia appeared to be weakened in both countries; however,
it was not eliminated completely and remains in business today.
THE YAKUZA
● GOKUDO/ BORYOKUDAN
● Also known as “good for nothing”
● It is the most influential organized crime group in Japan.
● its name was originated from the Japanese card game Oicho Kabu, a card game that
represents the numbers eight, nine and three (8-9-3) – the total is 20, a useless
number that means also a bad fortune for the player.
● Involves in exploitation of women, prostitutions (mostly coming from the Philippines,
Thailand and Taiwan) and gambling den.
THE YAKUZA RITUAL
A. Yubitsume
For the first offense, the transgressor must cut off the tip of his left little finger
and hand the severed portion to the boss as a form of penance or apology.
B. Irezumi
Hand-poked full-body tattoos for the members through hand-made and hand-
held tools with needles of sharpened bamboo or steel.
C. Pearlings
One pearl is inserted into the skin of the penis of the member for every year in
prison.
D. Oicho-Kabu
The members, whenever they play this card game, are given the chance to
display their tattoos to the other members as they normally keep them concealed
with long-sleeved and high-necked shirts.
E. Sake -sharing ceremony
It is used to seal bonds of brotherhood between individual yakuza members
or groups.

YAKUZA MEMBERSHIP
● Youth that been abandoned by their parents
● School dropouts
● Burakumin (equivalent of low-cast Japanese)
● Koreans
● Chinese
● It has been said that in the yakuza it doesn't matter where you came from and that
the yakuza welcomes and takes care of the misfits in the society.
YAKUZA GROUP
Twenty-four organizations are designated by police as crime syndicates. They have a
combined annual income of around $45 billion. The three largest organized crime groups in
Japan are Yamaguchi-gumi, Sumiyoshi-kai and Inagawa-kai. Together they have around
61,100 members, or 73 percent of Japan’s gangster population.
Yamaken-gumi is the largest affiliate of Yamaguchi-gumi. It has 7,000 members.
Sumiyoshi-kai is the second largest yakuza group in Japan with roughly 12,000 members
(20,000 by some estimates) divided into 277 clans. Sumiyoshi-kai, as it is sometimes called,
is a confederation of smaller yakuza groups. Its current oyabun is Shigeo Nishiguchi.
Structurally, Sumiyoshi-kai differs from its principal rival, the Yamaguchi-gumi, in that it
functions like a federation. The Inagawa-kai, the third largest organized crime group in
Japan, with offices across from the Tokyo Ritz Carlton. It has roughly 15,000 members
divided into 313 clans. It is based in the Tokyo-Yokohama area and was one of the first
yakuza families to expand its operations to outside of Japan. Its current oyabun is Yoshio
Tsunoda.
Chapter 3
Concept of Transnational Crime

Transnational Crime as defined

● Transnational crimes are violations of law that involve more than one country in their
planning, execution, or impact.
● These offenses are distinguished from other crimes in their multinational nature,
which poses unique problems in understanding their causes, developing prevention
strategies, and in mounting effective adjudication procedures
Elements of Transnational Crime (UN Convention, Art. 3.2)
The offence is transnational if:
● It is committed in more than one State;
● It is committed in one State but a substantial part of its preparation, planning,
direction or control takes place in another State;
● It is committed in one State but involves an organized criminal group that engages in
criminal activities in more than one State; or
● It is committed in one State but has substantial effects in another State.
INITIATIVES IN COMBATING TRANSNATIONAL CRIME
United Nations Convention
The Convention covers only transnational crimes, which are planned, executed, or
have effects across national borders. This broad definition of transnationality acknowledges
the complexity of the issue and sets the stage for broad international cooperation. It is
important to note that, while the Convention covers only transnational crimes, in article
34(2), it also specifies that the transnational element and the involvement of an organized
criminal group are not to be considered elements of those offences in domestic legislation
for criminalization purposes.

ASEAN Decision on Combating Transnational Crime

ASEAN resolve to fight transnational crime can be traced to the Declaration of
ASEAN Concord of 24 February 1976. The declaration signed by the Heads of
Government/State of the founding member countries of ASEAN, called for the intensification
of cooperation among member countries and with relevant international bodies to prevent
and eradicate narcotics abuse and the illegal trafficking of drugs. It also called for the study
on developing judicial cooperation including the possibility of an ASEAN extradition treaty.
Philippine Center on Transnational Crime (PCTC)
Transnational crime as a crime which has international dimension. Among others,
this implies crossing of at least one border before, during or after the fact. Therefore, it is a
concern of at least two affected countries that they must jointly address. During the 6th
ASEAN Summit on December 15, 1998, in Hanoi, Vietnam, the Philippines expressed the
desire to host the ASEAN Center for Combating Transnational Crime. Such Center shall be
the focal point of all coordination and cooperation among ASEAN member countries in
combating transnational crime.

International Criminal Police Organization (INTERPOL)

Today’s crimes are increasingly international. It is crucial that there is coordination
among all the different players in maintaining a global security architecture. Since
INTERPOL is a global organization, it can provide this platform for cooperation, they enable
police to work directly with their counterparts, even between countries which do not have
diplomatic relations.

TYPES OF TRANSNATIONAL CRIME

1.) Terrorism
● The FBI defines terrorism as “the unlawful use of force and violence against
persons or property to intimidate or coerce a government, the civilian
population, or any segment thereof, in furtherance of political or social
objectives.”
● The U.S. Department of State defines terrorism as “an activity, directed
against persons involving violent acts or acts dangerous to human life, which
would be a criminal violation if committed within the jurisdiction of the U.S.
and is intended to intimidate or coerce a civilian population; to influence the
policy of a government by intimidation or coercion; or to affect the conduct of
a government by assassination or kidnapping.”
● The Department of Defense defines terrorism as “the calculated use of
violence or threat of violence to inculcate fear; intended to coerce or to
intimidate governments or societies in the pursuit of goals that are generally
political, religious, or ideological.”
● In the Philippines, terrorism is defined and penalized under Republic Act
9372 otherwise known as “Human Security Act of 2007” and repealed
through Republic Act 11479 or “The Anti-terrorism Act of 2020”.

Disrupting the flow of terrorist funding

Any crime which results in a profit can be used to finance terrorism. This means that
a country may face terrorism finance risks even if the risk of a terrorist attack is low. Sources
of terrorist funding include, but are not limited to, low-level fraud, kidnapping for ransom, the
misuse of non-profit organizations, the illicit trade in commodities such as oil, charcoal,
diamonds, gold and the narcotic “captagon”), and digital currencies. By disrupting the flow of
terrorist funding and by understanding the funding of previous attacks, we can help prevent
attacks in the future.
The power to stop criminals in their tracks
● Stolen travel documents are a key asset for terrorist mobility, particularly for foreign
terrorist fighters returning from conflict zones.
● This makes it vital for border officials to check travellers’ identity and passport
information against INTERPOL’s database of stolen and lost travel documents.
● Other databases crucial to strong border management are the INTERPOL
nominal database − which contains details of the personal data and
criminal history of individuals subject to a request for international
cooperation − and the database of Travel Documents Associated with
Notices.

2.) Human Trafficking

Human trafficking is a multi-billion-dollar form of international organized crime,
constituting modern-day slavery. In the Philippines, trafficking in person is defined
and penalized under Republic Act 9208 and amended through Republic Act 10364
also known as the "Expanded Anti-Trafficking in Persons Act of 2012″.
Types of Human Trafficking
A. Trafficking for forced labor
Victims of this widespread form of trafficking come primarily from developing
countries. They are recruited and trafficked using deception and coercion and find
themselves held in conditions of slavery in a variety of jobs. Victims can be engaged
in agricultural, mining, fisheries or construction work, along with domestic servitude
and other labor-intensive jobs.
B. Trafficking for forced criminal activities
This form of trafficking allows criminal networks to reap the profits of a variety
of illicit activities without the risk. Victims are forced to carry out a range of illegal
activities, which in turn generate income.
These can include theft, drug cultivation, selling counterfeit goods, or forced
begging. Victims often have quotas and can face severe punishment if they do not
perform adequately.
C. Trafficking in women for sexual exploitation
This prevalent form of trafficking affects every region in the world, either as a
source, transit or destination country. Women and children from developing
countries, and from vulnerable parts of society in developed countries, are lured by
promises of decent employment into leaving their homes and travelling to what they
consider will be a better life.
Victims are often provided with false travel documents and an organized
network is used to transport them to the destination country, where they find
themselves forced into sexual exploitation and held in inhumane conditions and
constant terror.

D. Trafficking for the removal of organs

In many countries, waiting lists for transplants are very long, and criminals
have seized this opportunity to exploit the desperation of patients and potential
donors. The health of victims, even their lives, is at risk as operations may be carried
out in clandestine conditions with no medical follow-up.
An ageing population and increased incidence of diabetes in many developed
countries is likely to increase the requirement for organ transplants and make this
crime even more lucrative.
E. People smuggling
Closely connected to human trafficking is the issue of people smuggling, as
many migrants can fall victim to forced labor along their journey. Smugglers may
force migrants to work in inhumane conditions to pay for their illegal passage across
borders.

3.) Drug Trafficking

Drug trafficking, also known as drug distribution, is the crime of selling,
transporting, or illegally importing unlawful controlled substances, such as heroin,
cocaine, marijuana, or other illegal drugs. Drug trafficking also applies to the illegal
selling or transportation of prescription drugs, which has become an increasing
problem in recent years. According to the Department of Justice, the sale and
manufacture of drugs accounts for almost one-fifth of all drug-related arrests.
This international trade involves growers, producers, couriers, suppliers and
dealers. It affects almost all of our member countries, undermining political and
economic stability, ruining the lives of individuals and damaging communities. The
end-users and addicts are often the victims of a powerful and manipulative business.
Drug trafficking is often associated with other forms of crime, such as money
laundering or corruption. Trafficking routes can also be used by criminal networks to
transport other illicit products.
Operation Lionfish of INTERPOL
The Lionfish model of operations targets drug trafficking along air, land and maritime
routes, resulting in major seizures and fresh intelligence. First held in Latin America in 2013,
it has proven highly successful and has since expanded to other regions of the world.
Operation Lionfish is supported by external funding. It is a fundamental part of our
Project AMEAP (Africa-Middle East-Asia Pacific), which coordinates initiatives against drug
trafficking with funding by the INTERPOL Foundation for a Safer World and the United Arab
Emirates. Support from the Cocaine Route Programme of the European Union helps cover
other regions.
4.) Cybercrime
● According to the Federal Bureau of Investigation (FBI), the malicious cyber
activity threatens the public’s safety and our national and economic security is
known as cybercrime.
● Cybercrime is progressing at an incredibly fast pace, with new trends
constantly emerging. Cybercriminals are becoming more agile, exploiting new
technologies with lightning speed, tailoring their attacks using new methods,
and cooperating with each other in ways we have not seen before.

COVID-19 cyberthreats
Cyberthreats are constantly evolving in order to take advantage of online behavior
and trends. The COVID-19 outbreak is no exception. Cybercriminals are attacking the
computer networks and systems of individuals, businesses and even global organizations at
a time when cyber defenses might be lowered due to the shift of focus to the health crisis.

Recommendation and Prevention tips

● Keep your information safe

● Check your software and systems
● Be vigilant

5.) Crimes against Children

Children are some of the most vulnerable members of our society and can be
victims of various forms of violence. Sexual abuse and exploitation, trafficking, forced
labor and abduction: these are just some of the dangers faced by children around the
world today.
The global reach and anonymity of the Internet have greatly facilitated the
distribution of child sexual abuse material, and access to it. Offenders can now
produce, exchange and even direct live video of children – even babies - being
abused. They can also come into direct contact with children via social networks and
chat functions in games or apps.
Interpol’s priority
● Identify and rescue young victims of sexual abuse;
● Block access to child sexual abuse material;
● Prevent sex offenders from travelling abroad to abuse children or escape justice.

Chapter 4
Concept of Economic Crime

Economic Crime
● Europol defines economic crime as illegal acts committed by an individual or a group
of individuals to obtain a financial or professional advantage. The principal motive in
such crimes is economic gain. It is also known as financial crime.
● Financial crime ranges from basic theft or fraud committed by ill-intentioned
individuals to large-scale operations masterminded by organized criminals with a foot
on every continent.
● Financial crime threatens people in every aspect of their lives whether they are at
home, at work, online and offline. It has social and economic impact which are often
closely linked to violent crime and even terrorism.
Characteristics
Economic crimes are different from traditional crimes in the characteristics of their
objective and modus operandi. The traditional criminal steals small sums of money and often
uses brute force and conventional tools to achieve his aim. On the contrary, a criminal
committing an economic crime steals large sums of money and employs technology and
communications to carry out unlawful commercial transactions, disturb databases or
orchestrate massive frauds. His victims are ignorant and naïve and often remain unaware of
the fact that they have been cheated.
ECONOMIC CRIME: THEORY
Theoretical work explores three aspects of economic crime: offender motivations,
economic outcomes, and economic processes.
The first tradition refers to economic crimes as illegal acts in which offenders'
principal motivation appears to be economic gain. ere, an economic crime is conceived of as
any offense in which individuals or collectivities of people purposively act in an illegal
manner in order to gain financial returns. A second tradition avoids difficulties associated
with trying to infer motives and focuses on illegal acts that successfully provide offenders
with an economic return. A third tradition contends that the processes that lead to criminal
behavior are the same as those that guide consumer behavior in the marketplace.
Classical Approach to Crime
According to this perspective, intelligence and rational thought are fundamental
characteristics of people and the principal basis for their behavior. In other words, people
have free will, make choices and pursue their own interests.
Neo-Classical Approach to Crime
According to this perspective, people choose criminal over noncriminal alternatives in
the same way that they choose particular strategies when they act as consumers in the
marketplace.

Ecological Theory of Illegal Expropriation

A n ecological approach to crime differs from the neoclassical perspective in two key
ways. First, it does not assume that people necessarily know the benefits of behaviors
before they act. Instead, it assumes that actions can have unintended positive results,
consequences that encourage people to repeat their actions. Thus, people's behavioral
choices do not necessarily reflect rational calculations based on complete information, nor
are their behaviors always directed toward their most valued preference. Second, Cohen
and Machalek's theory differs from the neoclassical approach in that it explicitly treats
behaviors as strategies that are influenced by the actions of others. A strategy is simply a set
of behaviors that yield benefits, whether the benefits were intended or not; the greater the
benefits a strategy provides, the more likely that it will be repeated and proliferate within and
across populations.
Game Theory
Von Neumann and Morgenstern argue that people's choices are influenced by the
decisions of others and that people consider these influences when they make their
decisions. In other words, people's choices are interdependent, not independent. Von
Neumann and Morgenstern's work on game theory, and subsequent research in this
tradition, has developed this insight, revealing that people use various strategies when
making decisions and that part of a strategy is anticipating the decisions of others.
Criminal Cooperation
Critics note that the neoclassical model offers little insight into the cooperative
process. Criminal cooperation is typically more unpredictable than offending alone, and the
neoclassical model offers few insights into the process by which people choose actions that
have uncertain outcomes. As well, the assumption of instrumental rationality suggests an
individual who makes decisions based solely on his or her preferences and is oblivious to
those of others; such an individual is an unlikely cooperator.
Returns versus Costs
Several writers argue that, like the assessment of other economic options, the
decision to offend is more profoundly influenced by beliefs about the possible gains rather
than potential costs. Thus, the decision to offend focuses on a crime's capacity to provide
one or more valued resources including an emotional thrill, a means to impress others, and
financial resources. This approach further suggests that people make offending decisions in
ways that resemble their decisions made about noncriminal activities.
MONEY LAUNDERING

● Money laundering is a crime whereby the proceeds of an unlawful activity are

transacted, thereby making them appear to have originated from legitimate sources.
(RA 9160)
● Europol defines money laundering is an offence in its own right but it is also closely
related to other forms of serious and organized crime as well as the financing of
terrorism.
● Interpol defines money laundering as concealing or disguising the identity of
illegally obtained proceeds so that they appear to have originated from legitimate
sources. It is frequently a component of other, much more serious, crimes such
as drug trafficking, robbery or extortion.
Manner of Commission

Stages:
● Placement is the physical disposal of the initial proceeds derived from the illegal
activity. The first step is to introduce cash into the financial system.
● Layering is the separating of illicit proceeds from their source by creating complex
layers of transactions designed to disguise the audit trail and provide anonymity.
● Integration is the provision of apparent legitimacy to criminally derived wealth. The
laundered proceeds re-enter the financial system, appearing as normal funds.
United Nations Global Program against Money Laundering
The Global Programme against Money Laundering, Proceeds of Crime and the
financing of Terrorism (GPML) is a global programme providing in-depth assistance to
countries to build and strengthen their anti-money laundering and countering financing of
terrorism (AML/CFT) capacity.
The scale of money laundering is difficult to assess, but it is considered to be
significant. The United Nations Office on Drugs and Crime (UNODC) estimates that between
2 and 5% of global GDP is laundered each year. That’s between EUR 715 billion and 1.87
trillion each year.

Economic Crime Amidst Pandemic

Criminals are also using telephone deception to carry out financial frauds. They will
call victims pretending to work for a hospital or medical clinic, claiming that a relative of the
victim has fallen sick with the virus and request payments for medical treatment.
In many cases, the fraudsters impersonate legitimate companies, using similar
names, websites and email addresses in their attempt to trick unsuspecting members of the
public, even reaching out proactively via emails and messages on social media platforms.

Modes of Operation

1. Non-delivery Fraud
In non-delivery fraud, criminals promise victims highly sought-after goods,
accept payment, then never deliver. While the principle is simple, the fraud scheme is
often sophisticated. Criminals can adapt a well-established modus operandi to suit
any product, whether it is medical equipment, puppies, office supplies or electronics.
2. Telecom Fraud
Random victims are contacted by a criminal claiming to be a friend, relative or
someone in a position of authority and tricked into parting with money.
3. Romance Scams
Criminals develop a “relationship” with victims through social media with the
ultimate goal of obtaining money.
4. Investment/Boiler Room Fraud
Victims are pressured into investing in fraudulent or worthless shares.
5. Sextortion
Victims (often men) are tricked by an attractive stranger into participating in
naked videos chats which are secretly recorded and subsequently used for
blackmail.
6. Payment Cards
If you are contacted by your bank to update details or take advantage of a
special offer, DON’T click on the link in the email. Check out the legitimate website or
contact the bank.
7. Money Laundering

Chapter 5
Interview and Interrogation

INTERVIEW

It is the simple questioning of a person believed to possess information, which are

relevant to the investigation of a crime or on criminal activities. In an interview, the
interviewee is willing and cooperative with the person conducting the interview.

Qualities of Good Interviewer

1. Rapport
It is the relation between the interviewer and the interviewee, which is
conducive to a fruitful result. It is winning the confidence of a person being
interviewed in order that he will tell all the information in his possession. The
interviewer must be in a respectable civilian attire because, most often and the
majority of people, the police uniforms is barrier in establishing good rapport. To
many, the uniform is intimidating.
2. Forceful Personality
The appearance of the interviewer and other qualities such as skills of
communication techniques or the force of his language are the mainstays of the
strength of his character. He must be understanding, sympathetic and without
showing official arrogance, vulgarity of expressions and air superiority.
3. Knowledge of Human Behavior
This will help the interviewer to determine the personality and intelligence of
his subject; he must go down and up to the level of understanding of his particular
subject.
4. Conversational Tone of Voice
His tone of voice must be conversational, not confrontational as in
interrogation. It means that the interviewer must know how to appropriately use his
voice normally, without making voice loud unusually that may affect the interview
process.
5. Acting Qualities
He must possess the qualities of an actor, salesman and psychologist and
know how to use the power of persuasion. This is done to convince the person to
disclose what he knows about the issue being investigated.
6. Humility
He must be courteous, sympathetic and humble, ready to ask apologies for
the inconvenience of the interview. This is usually done at the end of the interview
that may give a good impression to the person being interviewed.
Golden Rule in Interview

“Never conduct or let anyone conduct an interview if the interviewer has not gone to the
crime scene.”
Stages of Interview

1. Preparation – The investigator should review the facts at the crime scene and
information from other sources in order that he would be ready for the questioning. A
background data of the subject should be available so that he could adapt himself to the
kind of approach to be employed.
2. Approach – The investigator must carefully select his kind of approach, which maybe a
single kind, a combination of two or the application of all techniques.
3. Warming Up – This is done by preliminary or exploratory questions to clear the
atmosphere, promote a conducive ground for cordiality, respect and trust for each other.
4. Cognitive Interview – The subject now is asked to narrate his account without
interruption, intervention or interference.

Types of Witnesses (Vicente et. Al., 2016)

1.) Know-nothing Type

These are the reluctant type of witnesses. They are found among the
uneducated and of low level of intelligence. The technique to be applied is go
down to their level of intelligence and by interrogation.
2.) Disinterested Type
This is the uncooperative and indifferent subject. To deal with them is
to find out their field of interest so that they will talk. Their indifference should
be demolished to arouse their interest or be flattered.
3.) The Drunken Type
The style of questioning by the investigator should be adapted to the
psychology of the subject. When the drunken subject has sobered, another
interview will be conducted, confronting him about his disclosures while in the
state of drunkenness. The written statement must be taken during his
sobriety.
4.) Talkative Type
These are witnesses who are prone to exaggerate, adding irrelevant
or new matters to their narration. The skillful investigator could prune the
unnecessary matters from the relevant ones.
5.) Honest Witnesses
These are the truthful and cooperative witnesses where the
investigator could rely upon, with little or no problem in handling them.
6.) Deceitful Witness
These are the liar type of witnesses. Let them lie and order them to
repeat several times their narration. They will be enmeshed in contradictions.
If possible, the lies must be tape recorded for the confrontation about their
contradiction. Pressure them for possible cases of perjury or obstruction of
justice and they will tell the truth.
7.) Timid Witnesses
They are the shy witnesses. The approach must be friendly and
reassuring confidentiality of their information. They should be hidden from the
devouring press by interviews or photo sessions.
8.) Witnesses who refuse to answer
These are the most difficult subjects to deal with. Find out the
reasons of their personality. The cause maybe trauma, shock, fear, hatred,
and others. Remove these fetters of silence and they will start talking.
Interrogation

The rigid and skillful questioning of person suspected of having committed an offense
or of a person reluctant to make a full disclosure of information in his possession which
pertinent to a crime/incident under investigation. The purpose of Interrogation is to obtain
confession or admission from the suspect and to learn relevant information from
uncooperative witnesses
Confession and Admission

Confession is the declaration of the accused acknowledging his guilt arising from the
commission of a crime. While admission is an acknowledgement of a fact or circumstance
without accepting guilt.

Kinds of Confession

1. Extra Judicial Confession – Those made by the suspect during custodial

investigation. Simply explained are that those confessions are made outside of the
Court. Based from Sec 3, Rule 133, Rules of Court extra judicial confession, not
sufficient ground for conviction: An extra judicial confession made by an accused,
shall not be sufficient ground for conviction, unless corroborated by evidence of
corpus delicti (body of the crime.).
Kinds of Extra-judicial Confession

a) Voluntary
The confession is voluntary when the accused speaks of his free will
and accord, without inducement of any kind, with a full and complete
knowledge of the nature and the consequence of the confession.

b) Involuntary
Confessions obtained through force, threat, intimidation, duress or
anything influencing the voluntary act of the confessor.

2. Judicial Confession – Those made by the accused in open Court. The plea of guilt
maybe during arraignment or any stage of the proceedings where the accused
changes his plea of not guilty to guilty. Sec. 2, Rule 129, Rules of Court states that
“Judicial Admission is made by the party in the pleadings, or in the course of the trial
or other proceedings do not require proof and cannot be contradicted unless
previously shown to have been made through palpable mistake.”

Tactical Interrogation
The art of questioning and examining a source to obtain useable information in the
shortest possible time. The goal of interrogation is to obtain useful and reliable information in
a lawful manner and in a minimum amount of time and meeting the intelligence requirements
of any echelon of command. A good interrogator produces needed information that is timely,
complete, clear and accurate.

Principles of Interrogation

1. Objective
Each interrogation must be conducted for a definite purpose. Interrogator
must keep his objective in mind as he proceeds to obtain the maximum amount of
useable information to satisfy the requirement thus, contribute to the accomplishment
of the mission.
2. Initiative
Initiative must rest with the interrogator throughout the entire session. The
interrogator has the authority over the source and the latter realizes these facts and,
in some cases, believes that his future might well depend his association with the
interrogator.
3. Accuracy
Interrogator must make every effort to obtain accurate information from the
source. He must be certain that he understands the source correctly by repeating
questions at varying intervals. However, he is not the final analyst and should not
reject or degrade information just because it conflicts with the previous information,
4. Security
The interrogator by virtue of his position possesses much classified
information. He must be constantly aware that his job is to obtain information, not
impart it to the source. The necessity of safeguarding information is an ever-
important requirement.
5. Prohibition against the use of force
The use of force, mental torture, threats, insult or exposure to unpleasant and
inhumane treatment of any kinds prohibited by law and no authorized or condoned by
the PNP.

Interrogation Techniques (Garcia, 2020)

1.) Direct Approach- no effort to conceal the purpose of interrogation.
2.) File and dossier- the interrogator prepares a dossier containing all available
information about the source organization. Careful arrangement of the material
within the file may give illusion that contains voluminous data that is actually
there.
3.) Futility technique- the interrogator convinces the source the futility of
resistance. Factual information is presented by the interrogator in a persuasive
manner. When employing this technique, the interrogator must not only be
fortified with factual information, but he should also be aware of and be able to
exploit the source’s psychological and moral weaknesses.
4.) “We know all”- this technique may be employed in conjunction with the file and
dossier or by itself. The interrogator must be familiar with the available data
concerning the source. The interrogator begins the session by asking questions
based on these data and when the source refuses to answer, hesitates or
provides incomplete/incorrect reply, the interrogator provides the detailed
answer.
5.) Rapid technique- this technique maybe used by an individual interrogator, or
simultaneously by two or more interrogators asked a series of questions that
the source does not have time to answer questions that the source does not
have time to answer a question completely before the next question is asked.
Confusing the source and apt to contradict himself as he has little time to
prepare his answers.

6.) Incentive technique- this technique is based on the application of direct

physical discomfort upon a hostile source but lacks will power. The source may
display fondness for certain luxury items that provides the interrogator with
positive means of rewarding the source for cooperation and truthfulness.
Caution must be used in employing this technique because the source might be
tempted to provide false information to gain luxury item he desired.
7.) Repetition technique- used to introduce cooperation to a hostile force. In one
variation, interrogator listen carefully and then repeat both question and answer
several times. Until the source becomes bored that he answers fully and
candidly.
8.) Mutt and Jeff technique- psychological ploy that takes advantage of natural
uncertainty of the source. This technique necessities employment of two
seasoned investigators who are convincing actors that basically display
opposing personalities and attitudes towards the source.
9.) Pride and ego technique- the strategy of this technique is to trick the source
into revealing desired information by goading or flattering him. This is effective
with sources that displayed weakness or feeling of inferiority.
10.) Silent technique- this is employed against nervous or confident source by
saying nothing and looking squarely in the eyes with a slight of smile. The
source will become nervous and begin to shift around his chair. He may ask
question but the interrogator should not answer until he is ready to break
silence.
11.) Change of scene- the idea in using this approach is to get the source away
from the atmosphere of an interrogation setting and maybe effective for those
who are apprehensive or frightened type.
12.) Established your identity- interrogator insists that source was positively
identified and wanted by higher authorities on very serious charges. In an effort
to clear this allegation, the source will make a genuine and detailed effort to
establish or substantiate his true identity.
13.) Emotional technique- through observation, interrogator identify the dominant
emotions that can motivate the source, like greed, love, revenge, hate or one of
the many other human emotions.
14.) Emotional appeals- the investigator should provide emotional stimuli that will
prompt the subject to unburden himself by confiding.
15.) Sympathetic approach- the suspects may feel the need for sympathy or
friendship. He is apparently in trouble. Gesture will win his cooperation.
16.) Kindness- the simplest technique is to assume that the suspect will confess if
he is treated in a kind and friendly manner.
17.) Extenuation- the investigator indicates he does not consider his subject’s
indiscretion a grave offense.
18.) Shifting the blame- the investigator makes clear his belief that the subject is
obviously not a sort of person who usually gets mixed up in a crime like this.
The investigator could tell from the start that he was not dealing with a fellow
who is a criminal by nature and choice.

Techniques of Interrogation (Vicente et al., 2016)

1. Emotional Appeal
This is a technique where the investigator, combining his skills of an actor and
a psychologist, addresses the suspect with an emotional appeal to confess. This is
applicable to first time offenders or those who are of the emotional type of
characteristics displayed by nervousness or emotional disturbances. Devotees of a
religion may belong to this type.
2. Sympathetic Approach
The investigator, in his preliminary or probing questions must dig deep into
the past troubles, plight and unfortunate events in the life of the suspect. An offer of
help, kindness, friendliness, may win his cooperation.
3. Friendliness
A friendly approach coupled with a posture of sincerity may induce the
suspect to confess.
4. Tricks And Bluff Techniques:

a) The Pretense of Solid Evidence against the Accused

b) The Weakest Link
c) Drama
d) Feigning Contact with Family Members
e) The Line Up
f) Reverse Line Up
5. Stern Approach
The investigator displays a stern (demands immediate response) personality
towards the suspect by using the following methods:
a) Jolting
b) Opportunity to Lie
6. The Mutt and Jeff or Sweet and Sour Method
The first set of investigators must appear to be rough, mean and dangerous.
When they had finished the interrogation, the second investigator intervenes by
stopping the first set of investigators. By being sympathetic and understanding, he
begins his interrogation. If the suspect still refuses to cooperate, then the process is
repeated until there is a
7. Removing the Ethnic or Cultural Barrier
It is the Filipino’s way of life that we put our trust and confidence to those
who belong to our clan or tribe. The interrogation must be in the language or dialect
of the suspect so that we could get his full confidence. This is removing the
language barrier.
8. Searching for the Soft Spot
In every man’s heart, there is always that softest spot. The heart may have
been hardened to steel by poverty, destitution, hopelessness, despair, apathy,
indifference, injustice, hatred or other factors, yet there is always that spot which
could be discovered by the investigator thru his knowledge of human behavior.
Those spots maybe the youngest child, the wife, the mother, and the brother who
acted as his father, the grandparents or the best friend.
9. Rationalization
It is the use of reasons, which is acceptable to the subject that led to the
commission of the crime. Thus, it may be said that sometimes, killing is a necessity
rather than by purpose or design. Robbery maybe a necessity to feed a starving
family. The application of this technique depends upon the nature of the crime.

10. Projection
It is the process of putting the blame to other persons, not alone to the
suspect. The murderer may blame the mastermind for corrupting him with big sums
of money, or the mastermind blaming the greediness of the victim or the husband
blaming the wife for her infidelity. Or that it is a necessary evil as the victim is
planning to kill the suspect.
11. Minimization
It is the act of minimizing the culpability of the suspect. The investigator
convinces the suspect that a confession will reduce the offense and the penalty.
Thus, the investigator could study it if there is a way to downgrade murder to
homicide or the introduction of mitigating circumstances with the result of the penalty
being within the range of probation.

Methods of Detecting Deception

A. The Ancient Methods
Ordeal is an ancient test of guilt or innocence by subjection of the
accused to severe pain, survival of which was taken as divine proof of
innocence.
B. Observation Methods
⮚ Thru Facial expression and Postural Reaction

C. Regular Police Methods

⮚ Information
⮚ Instrumentation
⮚ Interview or Interrogation
D. Use of Device for Phyco-physiological response
⮚ Use of Polygraph Machine
⮚ Use of Word Association Test
⮚ Use of Psychological Stress Evaluator

E. Use of Drugs
⮚ Administration of Truth Serum
⮚ Intoxication

F. Hypnotism
Hypnosis is a trance-like mental state in which people experience increased
attention, concentration, and suggestibility. People in a hypnotic state often seem
sleepy and zoned out, but in reality, they are in a state of hyper-awareness.

Apparent Signs of Deception (Vicente et al., 2016)

The following unusual situation posed by the subject during the interrogation must be
observed by the investigator:
1. Excessive Sweating
The profuse sweating indicates tension, anxiety, shock or fear.
Extreme nervousness is also the cause of sweating.
2. Change of Facial Color
Anger is indicated if the face is blushing. It is also the result of extreme
nervousness or embarrassment. It is necessary as a sign of deception or guilt. A pale
face is reliable indicator of guilt or deception.
3. Dry Mouth
This is a sign of great tension and is a reliable symptom of deception.
Swallowing constant movement of the Adam’s apple and sweating of the lips are
indications of dryness of the mouth.
4. Excessive Breathing
An effort to control breathing during the critical questioning is an
indication of deception. Gasping of breath is the ultimate result of the control in
breathing.
5. Increase of Pulse Beat
When observed at the side of the neck, the investigator has to
discover the increase of pulse beat which is indicative of deception.
6. Avoidance of Direct Eye Contact
This may indicate guilt or deception. Misty or teary eyes indicate remorse or
repentance
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