Posted in PERSONALITY DISORDERS, Police

What Happens When Your Dad Raises Your Whole Family to Be Criminals

It seems like it wasn’t just a matter of survival, but almost pride—and actively rejecting the values of society.
Somehow it becomes a part of the family identity. It’s what they believe in. The Bogles were also very clannish. They hang out with themselves, they didn’t have a lot of other friends and they didn’t allow their kids to play with other kids from other families. They just played with their own relatives, and that was another factor in their story. They didn’t want other people to know what their lives were like, and so they all let the kids grow up where the family knew what their parents or their aunts and uncles, and grandfathers and grandmothers were like and they didn’t know much about other folks. So being cut off from the rest of society was a factor. Continue reading “What Happens When Your Dad Raises Your Whole Family to Be Criminals”

Posted in Police

Accomplice

Under the English common law, an accomplice is a person who actively participates in the commission of a crime, even if they take no part in the actual criminal offense. For example, in a bank robbery, the person who points the gun at the teller and demands the money is guilty of armed robbery. Anyone else directly involved in the commission of the crime, such as the lookout or the getaway car driver, is an accomplice, even if in the absence of an underlying offense keeping a lookout or driving a car would not be an offense.

An accomplice differs from an accessory in that an accomplice is present at the actual crime, and could be prosecuted even if the main criminal (the principal) is not charged or convicted. An accessory is generally not present at the actual crime, and may be subject to lesser penalties than an accomplice or principal.

At law, an accomplice has lesser guilt than the person he or she is assisting, is subject to lesser prosecution for the same crime, and faces the smaller criminal penalties. As such, the three accomplices to the bank robbery above can also to a degree be found guilty of armed robbery even if only one stole money.

The fairness of the doctrine that the accomplice is still guilty has been subject to much discussion, particularly in cases of capital crimes. Accomplices have been prosecuted for felony murder even if the actual person who committed the murder died at the crime scene or otherwise did not face capital punishment.

In jurisdictions based on the common law, the concept of an accomplice has often been heavily modified by statute, or replaced by new concepts entirely. Continue reading “Accomplice”

Posted in False Accusations, Police

Wasting Police Time

The offence of wasting police time (section 5(2) of the Criminal Law Act 1967) is committed when a person:

Causes wasteful employment of the police by knowingly making to any person, a false report orally or in writing tending to:

  • show that an offence has been committed;
  • give rise to apprehension for the safety of any persons or property; or
  • show that he has information material to any police inquiry.

Wasting police time is a summary only offence and proceedings may only be instituted by or with the consent of the Director of Public Prosecutions (DPP) as set out in section 5(3) of the Criminal Law Act 1967. Proceedings must be started within the six month summary time limit, from the date on which the complaint was made, not from when the falsity of the allegation was suspected or detected. It is important when considering charges of wasting police time in such cases, that prosecutors pay due attention to the date of the commission of the offence, and whether other options such as an out of court disposal are appropriate after taking the full facts into consideration. Continue reading “Wasting Police Time”

Posted in Police

Perverting the Course of Justice

Perverting the course of justice is a serious offence. It can only be tried on indictment and carries a maximum sentence of life imprisonment. The offence is committed where a person:

  • does an act (a positive act or series of acts is required; mere inaction is insufficient);
  • which has a tendency to pervert; and
  • which is intended to pervert the course of public justice.

The course of justice includes the police investigation of a possible crime (it is not necessary for legal proceedings to have begun). A false allegation which risks the arrest or wrongful conviction of an innocent person is enough. The word pervert can mean “alter” but the behaviour does not have to go that far – any act that interferes with an investigation or causes it to head in the wrong direction may tend to pervert the course of justice. All the prosecution needs to prove is that there is a possibility that what the complainant has done “without more” might lead to a wrongful consequence, such as the arrest of an innocent person (Murray (1982) 75 Cr. App. R. 58).

Intention is not the same as motive. However, the motive of the complainant is likely to be important if the public interest stage is reached. The prosecution must prove an intention either to pervert the course of justice or to do something which, if achieved, would pervert the course of justice. All that is necessary is proof of knowledge of all the circumstances, and the intentional doing of an act which has a tendency, when objectively viewed, to pervert the course of justice.

Where the prosecution case is that a false allegation has been made, all that is required is that the person making the false allegation intended that it should be taken seriously by the police. It is not necessary to prove that she / he intended that anyone should actually be arrested (Cotter [2002] 2 Cr. App. R. 762). Continue reading “Perverting the Course of Justice”

Posted in False Accusations, Police

Cases Where it is Suggested the Complaint is False

A person who deliberately makes a false allegation of a crime in the knowledge that there is a risk that the police will conduct an investigation would have committed one of the relevant offences and is liable to be prosecuted subject to public interest considerations.

The first question will be whether the suspect has in fact made a clear and unambiguous complaint of a crime against an identifiable individual in the first place. This may not be the case in the following situations:

  • Where he / she merely expressed a concern or feeling that they might have been the victim of a crime which was then perhaps treated as a complaint by others. This may be the case where the suspect cannot remember all the details, perhaps as a result of taking alcohol or drugs. In such a case this would merely be a truthful reflection of the suspect’s state of mind rather than a positive complaint of a crime.
  • Where he / she did not truly understand the nature of the allegation which was reported. This may be the case, for example, where the suspect said that they had not consented but did not actually understand what the word “consent” meant. There should be particular focus on this issue where the suspect is young or has mental health or learning issues.
  • Where a third party made the allegation and the suspect was not completely supportive of it perhaps because they were coerced into supporting it.

The second question will be whether there is sufficient evidence to prove that allegation was in fact false. If the evidence is such that the original allegation might reasonably be true then there is not a realistic prospect of conviction and no charge should be brought. The mere fact that the original allegation did not meet the evidential stage of the full Code test does not mean that the prosecution can prove that it was false. That involves an entirely different question. Likewise, where a complainant withdraws their support for a prosecution but nevertheless maintains their allegation is true, this is unlikely in itself to be sufficient to found a case for one of the relevant offences.

Most cases of rape and / or domestic abuse will involve one person’s word against another. Prosecutors should work proactively with the police to make sure any other evidence which may be relevant to the issue has been obtained. Such evidence will include CCTV footage, telephone traffic, text message or other electronic message exchange, cell site evidence, evidence from other witnesses, medical and scientific evidence, 999 calls, employment records and available risk assessments.

It is important that such evidence is scrutinised with care to see whether it really does support the falsity of the allegation made and, if so, to what extent or whether it tends to support its truth. When applying such scrutiny the quality and true value of the evidence must be assessed in the light of what sought to be proved by it. The evidence may, for example, more readily and clearly prove falsity where it is incontrovertible evidence [such as clear CCTV footage] which shows that the parties were not even together at the time the allegation is said to have occurred. It may less readily and clearly do so, for example, in situations where it is necessary to show the suspect consented to a sexual act in order to prove falsity. Care must be taken to apply the appropriate weight to such evidence.

Inconsistencies in the various accounts provided by the suspect whether given in statements / ABE interviews or informally [i.e. during risk assessments or medical examinations] can be considered. It is important, however, to bear in mind that it is common for true victims of sexual and domestic abuse to give inconsistent accounts due to the trauma of the attack or for other reasons. The extent and circumstances of any inconsistencies must be carefully scrutinised. Positive contradiction of the suspect’s allegation is of much more value than inconsistencies.

It will also be necessary to take into account any reaction of the suspect when contradictory evidence is put to them in interview. However, an admission may not necessarily be sufficient to prove falsity and will never, on its own, suffice. There may be many understandable reasons why a true victim may distance themselves from an allegation they once made [see section on retractions below]. Continue reading “Cases Where it is Suggested the Complaint is False”

Posted in Drug Abuse, False Accusations, Police

Date Rape & Drink Spiking Accusations

The first thing to remember if you are accused of drink spiking or date raping after attending a holiday party is that you are to be seen as innocent until proven guilty. This presumption of innocence means that the prosecution needs to prove that you are guilty, not that you need to prove you are not. Additionally, it must be proven beyond a reasonable doubt. With these stipulations in mind, you should team up with a sex crimes defense lawyer to start talking about how to defend yourself since a conviction for date rape, or attempted date rape through drink spiking, could be considered a felony offense in many cases.

Three main components of your case to consider in your defense are:

  1. Identity: As previously mentioned, a holiday party is sure to be packed with strangers, friends, and acquaintances. If a person does consume a drink that has been spiked with a narcotic, every single person in the establishment is essentially a suspect, from the best friend who was supposed to watch the drink to the bartender that made it. Challenging the prosecution to come up with conclusive evidence that you are the one who committed the crime can often dismantle their arguments upfront.
  2. Intent: If there is solid evidence to suggest that you had spiked a beverage with a drug, you still have not attempted to commit date rape. A person’s intent behind their criminal actions can hold major sway over subsequent charges and trials. Many people intentionally spike their own drinks with drugs to “enhance” the party. Was there any actual malicious intent behind your actions? If not, the charges should be reduced or dropped.
  3. Harm: In many date rape cases, the accusations do not actually fit the reality of the situation, as date rape does not exist but the charges are placed as if it had. Regardless of your intent to drink spike someone else, you should never be charged for anything beyond what happened. If there was no lasting harm, there should be no excessive consequence.

Continue reading “Date Rape & Drink Spiking Accusations”

Posted in False Accusations, Police

Alleged spiked drink cases in inner city London

Reports in the UK mainstream media have made “drink spiking” a hot topic of discussion among the general public, particularly among younger people who enjoy Britain’s pub and club culture.,,, Media coverage has generated widespread concern that “drink spiking”, more accurately defined as “the unsolicited addition of a drug to a drink consumed in a social setting” is relatively common.

Drink spiking has been associated with “date rape” or drug facilitated sexual assault (DFSA).,, Alleged cases of DFSA are not uncommon in the UK; the Forensic Science Service analyses over 500 samples annually from alleged cases presenting to police forces in the southern half of England and Wales, an area potentially covering half of the total UK population. Numerous medical case reports and media articles have associated sedative drugs including flunitrazepam (Rohypnol), ketamine and γ‐hydroxybutyrate (GHB) with DFSA.,,, Studies in the UK, USA and Australia examining the incidence and character of drugs involved in alleged cases of DFSA have found alcohol to be the most common substance associated with DFSA, while sedative drugs are detected in <5% of cases.,,,, Continue reading “Alleged spiked drink cases in inner city London”

Posted in Police

My Best Friend Was A Con Artist Who Scammed Me Out Of $92,000.

“I can help,” she said, and with just those three words, a four-year nightmare began to unfold as I fell hard for one of the oldest cons in the book: The Inheritance Scam.

But this scheme wasn’t cooked up by some fictional Nigerian prince soliciting me through a sketchy email. I fell under the spell of an immensely lovable woman who inserted herself into my life and became my best friend. Unfortunately, she was also an international con artist on the run from the authorities and I was about to become one of her many “marks.”

She scammed me out of nearly $100,000 using a series of brilliant confidence tricks as she simultaneously destroyed my sense of self and darkened my once joyful outlook.

And as she was ruining my life, she was also scamming dozens of others around the world by impersonating psychics, mortgage brokers, psychologists, lawyers, travel agents, and even pretending to be a cancer victim.

She was a true “queen of the con,” utilizing disguises and even plastic surgery to alter her appearance from one crime to the next, and she might have gotten away with cheating many more people if she hadn’t unwittingly turned me into a relentless vigilante. Because instead of completely falling apart in the wake of her scam ― and the bankruptcy she forced me into ― I somehow found the strength I didn’t know I had to pick myself up from the wreckage. And I fought back. I started my own investigation into her scams,

Continue reading “My Best Friend Was A Con Artist Who Scammed Me Out Of $92,000.”

Posted in Police

Fraud in the Family

Financial exploitation of the United States’ senior population is a major problem, victimizing an estimated 5 million elderly persons every year. News stories of scams in which con artists pose as grandchildren or IRS agents have become common.

However, a more insidious type of financial abuse also poses a risk to seniors and their retirement nest eggs: family member fraud. Even a person who is knowledgeable and cautious about fraud attempts from strangers can be blindsided by exploitation from people professing to love and care for them.

As the baby boomers retire in ever-greater numbers over the next decade, however, the problem will only continue to grow. The savings and investments that many of the boomers have accumulated represent a tempting target for everyone from family members and friends struggling with financial problems to deliberate predators.

In this article, we will help you understand elder family fraud: how it can happen, who is vulnerable to it, and why the effects can be severe and even life-threatening. We will also give you concrete and actionable steps that you can take to protect yourself and your loved ones from becoming victims. Continue reading “Fraud in the Family”

Posted in Police

SHATTERED TRUST: FRAUD IN THE FAMILY

The phrase “blood is thicker than water” suggests that family ties are the strongest bonds, but does that concept hold true in the dark world of fraud? Or is the love of money truly the root of all kinds of evil, even overpowering family bonds?

The three real-world tales demonstrate clearly that fraud can be committed against family members by an in-law, sibling, or spouse—no family relationship is immune. What makes fraud worse in a family business is that the relationships can be changed forever once a relative has perpetrated fraud, and this may often include the dynamics between family members not involved in the fraud itself. Understandably, emotions can run very high. The psychological trauma is impossible to quantify: In addition to experiencing a number of disturbing feelings, the honest family members may not have the ability to trust anyone for some time. Feelings of denial, followed by anger, are typical. Continue reading “SHATTERED TRUST: FRAUD IN THE FAMILY”