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FM 3-19.13
depends on the individual's health, his location, and how wet or dry it is.
Other factors include the amount of voltage the person received, how long he
was in contact with the voltage, and the aftereffects of the shock.
12-131. Electric shocks often leave marks, although it is possible for a body
not to show outer or inner damage. Usually, electrical shocks leave entrance
and exit wounds on the body. The wounds have a gray or white puckered look.
Lightning deaths leave a characteristic mark that resembles a fern leaf. High-
voltage shocks may leave marks where metal objects have melted on the
person. There may also be extensive fractures of the bones. Distinguishing
between the entry and exit of electric wounds cannot be made from looking at
the injury alone.
12-132. When investigating a death by electric shock, an investigator must
check the weather conditions, electric appliances that the victim may have
been using, and the victim's location and activity at the time of death to
determine if the death was accidental. Deaths from electric shock are most
often accidental. Homicide by electrocution is rare, but it is possible.
SHARP FORCE INJURIES
12-133. The vital functions of the body can be fatally impaired by injuries
from sharp-edged instruments. Deaths or injuries from stabbing, cutting, and
chopping are hard to evaluate without extensive experience. The type of
wound and the victim's personal history can help decide if death was an
accident, a suicide, or a homicide.
Stabbings
12-134. Any object with a fairly sharp point may make stab wounds. Knives,
scissors, ice picks, triangular files, or hatpins can all make stab wounds.
Sometimes stab wounds look like other kinds of wounds. A wound made with
a stiletto or ice pick may look like a bullet wound. If examination fails to show
a sure sign of stabbing, the wound may have been made in some other way. X-
rays may help to locate an unsuspected bullet or piece of a weapon, such as a
knife or stiletto that may be inside the body. Most stab wounds involve some
cutting. This occurs as the weapon is pushed in or drawn out.
12-135. The shape of the wound depends on the direction from which the
weapon penetrates and the shape of the weapon. It also depends on the
movement of the weapon while in the wound. If a blade pierces a body at less
than a right angle, it makes a beveled wound. If a blade moves around in the
wound, an uneven-shaped scrimmage wound is made. The weapon is often
turned slightly as it is withdrawn. This causes a wound that has a notch in
one side.
12-136. The depth and shape of a fatal stab wound, fixed during an autopsy,
may give a clue to the type of weapon used. The track of a weapon may be very
clear in fleshy areas. However, when a weapon penetrates inner organs, its
track may not be accurate. Inner organs change in shape and position after
death and when a body is moved. Also, a strong stabbing force against a soft
area like the stomach can depress the area, making the wound deeper than
the true length of the weapon. Likewise, a longer blade may not penetrate its
full length, making the path of the wound shorter than the blade.
12-26 Death Scene Investigations
FM 3-19.13
12-137. A homicidal stab wound often penetrates a victim's clothing. For this
reason, investigators must exercise special care when removing and checking
the victim's clothing.
12-138. Pierced bony surfaces like the skull, sternum, or spine often show the
shape of the part of the weapon that passed through the bone. Sometimes
weapons break off or are left in the bone. The blade or portions of it may
project from the inner part of the bone. If a blade is broken in a fatal stab
wound, the part of the bone with the blade in it may be removed at the
autopsy. It can be used to support the main elements of the crime, especially if
the matching part of the weapon could be located and preserved as evidence.
12-139. It is difficult to determine if a wound was made before or after death.
A good inspection of the wound made before the body is moved is very
important. If the wound was made before death, there should be evidence of
blood clotting, swelling, wound healing, or infection.
12-140. Accidental stab wound deaths are rare. When they do occur, the
victim's falling through glass doors or windows often causes them. The victim
is stabbed by the larger pieces of broken glass. Other stabbing accidents may
occur when victims fall on sharp pointed surfaces of tools or equipment.
Sometimes large splinters, vehicle surfaces, or tusks or horns of animals
pierce victims.
12-141. Most fatal stab wounds are homicidal. Often, there is only one wound
that pierces a vital organ or nerve center causing death from shock,
hemorrhaging, or the interruption of a vital function. Homicidal stab wounds
often appear on the back, neck, and upper chest. When many wounds are
present on different parts of the body, homicide is strongly indicated. Wounds
of the same depth, wounds of nonvital areas, scrimmage wounds, and multiple
wounds of a vital area strongly support homicide. Several stab wounds to the
breasts and genitals are suggestive of a sex-related homicide. Defense type
wounds on the hands and arms and wounds to the back or other areas not
easily reached by the victim also hint of homicide.
12-142. Many stabbings are not instantly fatal. The victim may live for days
and then die from acute infection or other medical problems. Stabbings are
usually not immediately disabling. Unless the victim is unconscious or
otherwise helpless, the scene is likely to show signs of a struggle. Signs of
flight and traces of blood are likely to be scattered over a large area.
12-143. Suicidal persons most frequently stab themselves in the chest over
the heart. Suicidal stab wounds may be made on any area of the body that can
easily be reached. Like suicidal shootings, the victim will often open up
clothing or uncover the selected stab area. Often, the knife is left sticking in
the wound. In some cases, the suicidal person may jab the weapon into his
chest a number of times. In such cases, the wounds often vary in depth. Many
of them may barely penetrate the chest. These hesitation wounds are made as
the victim works up nerve to force the weapon through. Suicidal persons
sometimes stab themselves repeatedly in different directions, through the
same wound, without completely withdrawing the weapon. This causes more
stab tracks than outer wounds. Hesitation cuts on the wrist or thighs are good
signs of the suicidal intent of a victim. Investigators must look at the societal
history of the victim to support suicide as a manner of death.
Death Scene Investigations 12-27
FM 3-19.13
Cuttings
12-144. A cut is an incised wound made by a sharp edged object. The sharp
edge is pressed to and drawn over the surface of the body to inflict a cut.
Knives and razors account for almost all incised wounds. Cutting wounds can
cause fatal hemorrhaging and infection. They can also be fatal if the victim
inhales blood from a cut airway. Cuts are often made on exposed surfaces like
the head, neck, and arms. Where many cuts are involved, those on the palms
of the hands and the outer surfaces of the forearms of the victim are often
defensive cuts. They may indicate a homicidal attack. Heavy maiming and
dismemberment may accompany sex murders.
12-145. Homicidal cuttings are usually deep, clean cuts without hesitation
marks. The wounds may be on various parts of the body. Most often, they
involve the head and neck. Homicidal slash wounds may be present. Such a
wound may be a single deep cut on the side of the face and neck, or it may be
one of many deep slashes crisscrossing each other. Sometimes, when a victim
tries to dodge slashes, there are small shallow cuts near larger wounds. These
defensive wounds may be confused with suicidal hesitation cuts.
12-146. Suicidal cuts are often many, parallel, overlapping incisions of
varying length and depth. Many times they have a lot of smaller shallow
hesitation cuts on the lead edge of the injured area. Fatal suicidal cutting
wounds are often on the throat. When a throat is cut, fatal bleeding sometimes
results from a fairly shallow cut that severs a large vessel.
12-147. Other self-induced cuts may be made to the groin, thighs, ankles,
knees, and the inside of the forearm at the elbow. Suicidal cuts on the limbs
are often not fatal but are frequently found on individuals who have killed
themselves some other way. They support a judgment of death by suicide.
12-148. Accidental incised wounds are rarely fatal. They occur most often
from broken glass or contact with moving machinery or sharp tools. Most of
the time, the situation clearly shows the accidental nature of the injury.
Choppings
12-149. A chopping wound is a mangling, tearing cut. The wound is usually
made with a heavy instrument like a cleaver, a machete, a hatchet, or an ax.
Death from chopping wounds may come from shock, hemorrhaging, or the
interruption of vital functions.
12-150. Most chop wounds are homicidal. They are usually made on the head,
neck, shoulders, and arms. Injuries may be multiple. Injuries received by the
victim in an attempt to defend himself may include total or partial loss of
fingers, hands, or arms. Fatal accidental chop wounds sometimes occur from
propeller blades of fans, boats, or planes. Suicidal chop wounds are rare.
12-151. Because the shape and size of chopping wounds often resembles the
shape and size of the weapon that made them, autopsies may provide medical
evidence. A pathologist may be able to determine the type of weapon that was
used by examining the depth, width, and appearance of the wound and the
amount of tissue damage. He may be able to link the injuries to a suspected
weapon. It may even be possible to take toolmark impressions of the weapon
from bone or cartilage.
12-28 Death Scene Investigations
FM 3-19.13
BLUNT FORCE INJURIES
12-152. Blunt force damages the body by direct physical violence. Generalized
blunt force affects the whole body or a large part of it. Deaths caused by such
force may happen in vehicle accidents, explosions, or falls from a height.
Localized blunt force impacts a limited area. Death involving localized blunt
force can be caused by contact with a fist, weapon, or foot.
12-153. Blunt force injuries of the skin and tissues under the skin are of three
general types: abrasions, bruises, and lacerations. Abrasions are surface
injuries to the outer layer of the skin at the point of impact. An abrasion may
duplicate the surface appearance of the impacting object. It may look like the
grill pattern of an automobile or the rough edges of a file. It may look like a
threaded pipe or the treads of an automobile tire. Bite and nail marks are
considered abrasions, but they actually may be small puncture wounds.
Abrasions normally are caused by direct violence from hands, blows of a
weapon, or collision with a vehicle. They may also be caused when a body falls
and strikes a surface.
12-154. The presence of a contusion on a decedent is a good indicator of blunt
force trauma. It is not possible to give a precise estimate of the age of the
contusion. The contusion may appear at an area of the body that is not the
point of impact. Blood will often travel under the skin for a distance (generally
associated with gravity) and then appear. Bruises may also be larger or
smaller than the object used to inflict an injury. No conclusion concerning the
type of weapon can be drawn.
12-155. The size of a bruise may indicate the degree of violence that caused it,
but not always. Females tend to bruise more readily than males. Bruises occur
more easily on the very young, old, fat, soft-skinned, poorly conditioned, and
sick. A light blow to soft tissues like the eyelid or genitalia may cause gross
bruising, while a heavy blow to dense, fixed tissue like the scalp may cause
only mild bruising.
12-156. Lacerations are caused by a shearing force or violent depression to
the skin that tears or splits tissues. Blows from fists, sticks, or hammers may
cause lacerations. They may also occur from the impact of a motor vehicle or
as a result of a fall. Lacerations, characteristically, are bruised and ragged.
The tissues are unevenly divided and the blood vessels and nerves are crushed
and torn. The crushed ends of vessels may show only slight bleeding.
Lacerations may contain foreign material like soil or glass from the impacting
object. Lacerations of the scalp, face, eyebrow, or skin near bone have a linear
splitting effect. These may be hard to tell from cuts.
12-157. Normally, it is not possible to tell lacerations made at the time of
death from those made shortly after death. The distinction depends on the
presence or absence of vital reactions like bleeding and bruising in the wound.
12-158. Homicidal deaths may occur from either generalized or localized
blunt force. Victims may be struck with fists or blunt objects, or they may be
thrown from heights, pushed in front of moving vehicles, or crushed with
heavy objects. Sometimes homicidal blunt-force deaths involve fatal injuries
from negligence. This may occur in highway accidents.
Death Scene Investigations 12-29
FM 3-19.13
12-159. Suicidal deaths from blunt force usually involve generalized blunt
force. The victim jumps from a high place or in front of a moving vehicle.
Sometimes a suicidal person may ram his head into a wall or in some other
way create enough impact or crushing force to cause fatal injuries. Accidental
deaths from blunt force are usually falls.
12-160. Often, investigations of death involving generalized blunt force will
show that the injuries have resulted from impact with a vehicle. The
investigator must be able to link the vehicle to the victim by trace evidence
left at the scene or found on the persons or vehicles involved.
VEHICLE TRAUMA
12-161. If circumstances suggest a hit-and-run accident or a vehicular
homicide, the investigator must initiate an immediate search and
apprehension plan. Such a plan may include setting up coordinated military
police patrol activities and roadblocks. It may include searching and
patrolling parking lots, service stations, residential parking areas, motels,
taverns, bar rooms, garages, and body repair shops. If a military vehicle could
be involved, it must include alerting and checking motor pools. It includes
checking known license and registration data.
12-162. At the scene, the investigator—
z
Looks for evidence supporting the crime and linking the vehicle and
victim.
z
Checks for skid marks to learn about the speed of the vehicle, the
alertness of the driver, and verification of the accuracy of the driver's
and witnesses' statements.
z
Photographs all skid marks, with and without a measuring device.
NOTE: Photographs intended to serve for later comparison purposes
to suspect’s vehicle tires must be taken with a 35-millimeter camera,
with and without a measuring device.
z
Takes samples of dirt from under the vehicle to link it to the point of
impact and to use for future comparison.
z
Photographs and casts tire tracks before they are disturbed.
z
Records the bumper height measurements to match them to the
victim's injuries. This may help determine if the vehicle at the time of
impact was braking, maintaining, or increasing its speed.
z
Collects material from the scene and from the victim or the victim's
vehicle that may have come from the offender's vehicle. Broken glass,
vehicle parts, trim, paint chips, or other evidence may identify the
vehicle type and may be compared with a suspect's vehicle. The
laboratory may be able to recover glass fragments, paint chips, or
other material from a victim's (pedestrian’s) clothing that originated
from the suspect.
z
Seizes trace evidence from the victim like blood, body tissue, hairs,
and textile fragments.
z
Checks vehicles suspected of having been involved for signs of impact
and traces of the victim or victim's clothing. Often, in hit-and-run
accidents, the victim's clothing leaves patterned rub marks. The
12-30 Death Scene Investigations
FM 3-19.13
pattern may show in the chassis paint. It may also show on grease and
mud on the undercarriage. Likewise, hand, finger, and even lip prints
of the victim may be left on the vehicle. Hair, tissue, bone fragments,
fabric, fibers, and other trace evidence of the victim may be stuck to
the suspect's vehicle. Blood of the victim, often found on the
undercarriage, must be typed with a sample from the victim. The
sobriety of the victim at the time of death must always be learned.
12-163. A follow-up investigation may include—
z
Checking on individuals with a history of speeding and reckless or
drunken driving.
z
Checking with insurance agents, vehicle sales, and transfers of
registration.
z
Contacting the press, radio, and television for coverage to help seek
out the perpetrator.
12-164. The follow-up investigation must include—
z
Conducting a thorough canvass interview.
z
Contacting medical facilities to see if anyone has sought medical
attention after an accident.
z
Checking stolen vehicle reports. A driver of a hit-and-run vehicle may
report that the vehicle was stolen. Likewise, a hit-and-run driver may
file a false accident report to cover a real accident.
BEATINGS
12-165. Beatings involve localized blunt force. Death from a beating is usually
not planned. Beatings leave extensive bruises on a body. Autopsies often show
ruptured vital organs and brain hemorrhaging. When a weapon is used in a
beating, it often leaves distinct pattern injuries that may disclose the type of
weapon used. When a person is kicked or stomped, the shoe often leaves
impressions and clear-cut marks on the clothing or body.
12-166. Sometimes, in a beating death, the body is moved and a simulated
vehicle accident is staged, or a vehicle is driven over the body to stage a hit-
and-run accident. An autopsy may show that the injuries are not like motor
vehicle injuries. There may not be a point of impact. A thorough search of the
area may show evidence inconsistent with an accident.
EXPLOSIONS
12-167. It is imperative that in any investigation involving explosives, the
EOD detachment respond to the crime scene and render the area safe before
any investigation. Most deaths caused by explosives encountered on a military
installation are related to training accidents. However, with today's changing
times, WMD are a concern. It is important to note that an explosion, whether
it is large or small, will create similar injuries. The injuries will only vary in
magnitude.
12-168. In an explosion, a body may be shattered or hurled against a hard
surface, causing blunt-force injuries. It may receive many lacerations and
punctures from pieces of the explosive device and nearby objects. It may be
Death Scene Investigations 12-31
FM 3-19.13
burned by a thermal blast, flames, and steam. Compression injuries may
occur in the lungs and elsewhere from swelling gases. Foreign material in the
body must be examined at the autopsy to help learn the nature of the
explosion and the explosive device used.
FALLS
12-169. Deaths from falls are usually accidental. A person may be pushed or
thrown from a height, but such events are rare. It is sometimes helpful to
consider the blood alcohol content of the victim. An investigator must consider
the height from which the victim fell and the distance from the base of the
object to the point of impact. Do not overlook the fact that a victim found at
the very base of an object may have been knocked out and rolled over the edge.
An inspection of the point of departure of the body must get ample attention.
The totality of the circumstances is the driving force behind a determination if
a person fell from, for example, a cliff while hiking on an elevated trail.
THERMAL DEATHS
12-170. Most deaths by fire are accidental. Connecting the death and the
cause of the fire may show that a homicide is involved. The fire may have been
the cause of death or it may have been used to try to cover up a crime. The
investigator must take steps to investigate for arson. Sometimes a person who
commits a homicide with a firearm will try to hide the crime by setting fire to
the scene. In cases of death, by burning, request that the remains be x-rayed.
This may show the presence of a bullet in the body.
12-171. The two toughest facts to establish in a death by fire are the victim's
identity and a connection between the death and the cause of the fire.
Investigating a death by fire is difficult. The fire may have mutilated the
victim, or the scene of the fire may have been (as is often the case)
unavoidably disturbed by firefighting activities. Identifying unknown victims
requires the help of pathologists. Pathologists can check skeletal remains for
size, race, and sex distinctions. They can compare the remains to dental
records and X-rays.
12-172. The investigation of a death from fire depends greatly on the
pathologist's report of the cause of death. If the victim was alive at the time of
burning, the autopsy will show inhaled smoke particles or carbon monoxide in
the blood. The presence of these suggests life at the time the fire started but
its absence does not support death before the fire. A body is rarely burned to
the point that a meaningful autopsy is not possible. Even if death occurs some
time before the fire is brought under control and the body is badly charred, the
inner organs are usually preserved well enough. The cremation of a body
takes 1 1/2 hours at 1600° to 1800° Fahrenheit. Even then, bone fragments
are seen.
12-173. The investigator must rely on the pathologist to identify wounds on a
burn victim. There are many types of burn injuries that are misleading at first
glance. The body may have a pugilistic attitude. The fists and arms may be
drawn up like a boxer's stance from contracting muscles and skin. Bones
fracture in an odd, curved way when cooling begins. Skull fractures may be
present. The cracks, radiating from a common center, are made by the release
12-32 Death Scene Investigations
FM 3-19.13
of steam pressure rather than from a blunt force. (See Chapter 7 for
information on arson.)
DEATHS INVOLVING TOXIC SUBSTANCES
12-174. Death from toxic substances may occur if substances that are safe
only for external use are taken internally. Death from toxic levels of
substances safe for internal use may occur if the substances are taken in
amounts greater than the body can support. In either case, the death may be
an accident, a suicide, or a homicide.
Poisonings
12-175. The term poison is relative when describing a substance. A poison is
any agent that, when introduced into a living organism, causes a detrimental
or destructive effect.
12-176. Accidental death may result from industrial, home, or food poisoning.
Sometimes poisonings result from gross negligence like that occurring in bad
liquor or criminal abortion cases. Although homicide by poisoning is fairly
rare, it must not be ruled out without a thorough investigation. Murder by
poison can often be made to look like suicide. For example, the scene of a
murder by poisonous gas may be fixed to look like that of a suicide or an
accident.
12-177. Investigation of the crime scene is of special importance in the case of
poisoning because postmortem detection of poison may be difficult if its
presence is not suspected. The presence of any one poison may be hard to
identify unless medical personnel have some idea of the type of poison they
are looking for. The crime scene search for such poisons is most important.
12-178. When death is suspected to be the result of poison, it is important to
give the pathologist performing the autopsy as much information as possible
about the circumstances of the death, the on-the-scene investigation, and the
type of poison suspected. If this information is provided before the postmortem
examination, it allows the pathologist to use the right autopsy methods and to
keep good specimens for toxicological tests.
12-179. The military treatment facility must conduct a medical inquiry to
learn the immediate cause of a death by suspected poisoning. Results of the
inquiry are recorded in the postmortem report. The report is a full record of
what the medical authorities know about the person who has died. It includes
a record of—
z
The clinical treatment given to the victim.
z
The statements, accusations, or an utterance made by the victim
before death.
z
The known facts pertaining to the death.
z
The immediate cause of death.
z
The autopsy.
z
The pathological and toxicological examinations conducted to support
the autopsy.
z
The medical examinations of items of physical evidence.
Death Scene Investigations 12-33
FM 3-19.13
12-180. The autopsy may identify the specific poison that caused the death,
its concentration in the body, and the period of time the poison was in contact
with the soft tissue before and after the death. In some cases, the specific
poison may be unidentifiable because the dose was too small to detect or the
materials in the compound were the same as natural body products.
12-181. The pathologist must be asked to obtain specimens of the victim's
blood, bile, gastric contents, and urine. All toxicology specimens should be
sent to the Division of Forensic Toxicology, Office of the Armed Forces Medical
Examiner, Armed Forces Institute of Pathology, Washington, DC. Do not send
toxicological evidence to USACIL for examination. Remember that body fluids
found on a floor are likely to be contaminated. They are of little use in
toxicological tests for poisons.
12-182. An investigator must—
z
Take samples of food, medicines, beverages, narcotics, fuels, and
chemicals that the victim may have consumed.
z
Check sinks, pipes, drain traps, garbage cans, cupboards, and
refrigerators for possible evidence of the poison. Poison can also be
easily hidden in spices, sugar, flour, baking soda, and so forth.
z
Collect soiled linen or clothing that may contain traces of poison in
stains from food, liquid, vomit, urine, or other matter. Submit these
samples, despite an admission or confession, in any case that may
involve criminal charges.
z
Collect containers that could have held a substance consumed by the
victim. Include cups, glasses, and utensils that may have been used to
prepare or serve food or drink.
z
Check medicine containers for prescription numbers and the name of
the dispensing pharmacy. In difficult cases, it may be necessary to
take the contents of the medicine chest to search for materials that
might have been taken in amounts large enough to cause toxic effects.
z
Seize any items like hypodermic needles and syringes that could
introduce poison into a victim's body.
12-183. Identification and analysis of the poison may help locate its source.
Few laymen know enough about poison in its pure form to purchase or obtain
any but the most well-known types. Many common retail products, not often
thought of as poison, are toxic under some conditions. It is these materials
that will be easily accessible to the poisoner. Their ready availability may
make them easy to overlook. Household sprays, paint and paint solvents,
pesticides, liquid fuels, patent medicines, many antiseptics, and some
cosmetics contain poison.
12-184. To learn the source of a poison, consider its availability and who
would have the easiest access to it. A poisoner usually uses a poison he knows.
His familiarity with a substance can come from his occupation, hobbies, or
past experience. Hospitals, dispensaries, laboratories, pharmacies, and illicit
narcotic channels can be sources of medicines and drugs to be used as poisons.
Offices, homes, and grocery stores contain cleaning substances, rodent and
insect poisons, and medicines that may be toxic. Depots, warehouses, storage
areas, farms, and similar places may be sources of rodent and insect poisons.
12-34 Death Scene Investigations
FM 3-19.13
Motor pools, fuel depots, and other places containing fuels with alcoholic bases
and cleaning and solvent compounds may also be sources.
12-185. Locating the source of the poison and determining its availability may
suggest the mode of poisoning. Knowing that a poison was contained in a food
or beverage may help you ascertain where the victim ate the food or drank the
beverage. The place where a poison takes effect is not always the place where
the victim consumed the poison.
12-186. There are rarely, if ever, witnesses to an act of poisoning.
Consequently, you must gather as much concrete evidence as possible to find
out if a crime was committed and, if so, who committed it. Such evidence is not
limited to the poisonous substance.
12-187. A background check on the victim and his activities must be
completed to learn key information about the poisoning. Conduct an interview
of the individuals who may have—
z
Witnessed the act of poisoning.
z
Known about a suspect's utterances or actions that could establish a
motive for the crime.
z
Known what the victim ate or drank within the time he probably
received the poison.
z
Sold drugs or medicines to the victim or suspects.
z
Known of the victim's movements before he was stricken.
z
Been familiar with the victim's eating and drinking habits, use of
drugs or medicines, and attempts at self-medication or treatment from
sources outside military medical channels.
z
Been familiar with the victim's financial status, family background,
social life, or business associates.
Overdose
12-188. A preliminary inquiry into a death may suggest that a victim died
from an overdose of drugs. General observations of the crime scene, the victim,
and the victim's clothing or conclusions about the victim's lifestyle may
suggest this. Note the quality and quantity of food and liquor supplies. These
clues may clarify the circumstances of the death or at least give explicit
information concerning the victim and the lifestyle he may have led.
12-189. Suspicion of intravenous drug abuse should be aroused when long-
sleeved garments are worn and the weather does not justify it. A sleeve that is
severely wrinkled in contrast to the other shirtsleeve may have been used as a
makeshift tourniquet. Frequently, in cases where a drug death is acute and
related to intravenous drug abuse, the abuser will not have time to conceal his
drug cache or paraphernalia before his collapse. Thus, cellophane envelopes,
balloons or paper packets, syringes, needles, bottle caps or other devices used
as cookers, cotton balls, matches, and cigarette lighters may be present.
Sometimes a tourniquet or other constrictive device may be dropped after a
victim collapses. Syringes are commonly still at the injection site or grasped in
the hand.
Death Scene Investigations 12-35
FM 3-19.13
12-190. Check the body for needle marks and scars. Most intravenous drug
injections are made with very small needles that are designed for intradermal
injection. If there have been only a few relatively recent injections not
associated with puncture hemorrhage, a magnifying glass may be required to
detect the punctures. In most chronic addicts, there is no difficulty in
detecting the tracks. In addition to the linear scars of intravenous drug use,
flat-ovoid or circular scars from lesions caused by unsterile injections given
immediately under the skin can sometimes be seen. Chronic addicts may
conceal punctures by injecting at unusual anatomic sites. They often inject in
and around the genitalia, the nipples, the tongue, the mouth in general, and
the scalp. Some addicts, who apparently do not care whether or not puncture
sites are seen, may use the jugular vein in the neck to inject. Check the body
for signs of nervous tension like the short, irregular edges of fingernails
(characteristic of nail biting) or the yellow staining of the fingers
(characteristic of excessive smoking). Make detailed notations of papillary
diameter, even though this is not a reliable postmortem sign of drug abuse.
12-191. If the cause of death appears to be accidental and there are no signs of
criminal acts or negligence, record any evidence supporting that judgment.
Sometimes accidental death from drugs does not lend itself to early, clear
resolution. Rule out all aspects of other-than-natural causes. Ensure that
there was no motive for murder found and that no threats could be learned.
See that individuals who may have had a chance to cause ingestion of the
lethal dose, either by force or trick, have been searched for leads and that
there is no credible sign that the death was other than accidental.
DEATHS INVOLVING CHILDREN
12-192. Investigations of deaths of infants and children are particularly
complex. Great caution must be exercised. The investigation must be fully
coordinated with medical personnel, social welfare agencies, and the office of
the SJA. Suspicious deaths that involve infants and children can be grouped
into three types: SIDS, infanticide, and battered child syndrome.
Sudden Infant Death Syndrome
12-193. SIDS is the sudden, unexpected, or unexplained death of a child
under the age of one. This diagnosis cannot be made without a thorough
investigation of the death. This investigation must include a complete crime
scene examination, thorough interviews and canvasses, a review of the
medical history of the child, and a complete autopsy. The diagnosis, if made
without all of these factors, will likely not answer all questions that must be
answered. SIDS is a medical finding where no criminality is involved. As such,
it is imperative that the investigator conduct a complete investigation.
12-194. Many cases of accidental or intentional suffocation by parents have
historically been misdiagnosed as SIDS cases as investigators rely upon
medical personnel and not the crime scene examination. A SIDS investigation
at the crime scene must be viewed as any other suspicious death, and all
investigative avenues must be pursued. SIDS can only be concluded by the
elimination of all other potential causes of death. As such, a complete
toxicological examination must be conducted to exclude poisoning, an autopsy
must be conducted to look for signs of smothering; and a crime scene
12-36 Death Scene Investigations
FM 3-19.13
examination must be conducted to exclude possible accidental smothering by
way of sheets, pillows, or stuffed animals.
Infanticide
12-195. Infanticide is the criminal death of an infant by neglect or
deliberation. Sometimes newborns are left to die of neglect in garbage cans,
furnaces, restrooms, secluded places, and public dumps. Sometimes they are
simply allowed to die at home or in a car in the expectation that they will be
disposed of later. The cause of death in cases like these is usually a
combination of acute congestion of the respiratory system, dehydration, and
lack of basic life-sustaining care. Sometimes parents actively kill their
infants. They may choke the baby with the umbilical cord, cup a hand over its
mouth and nose, drown it in a bathtub, or drop it into a river or sewer.
Sometimes, however, infants are stillborn or die soon after unattended births.
Here, the criminal intent may only be to avoid reporting the birth and to
illegally dispose of the body.
12-196. Determining that a death is a case of infanticide is often difficult.
Most of these deaths are due to asphyxia that can also occur from natural and
accidental conditions. But when death occurs from strangulation or other
forms of direct violence or when the circumstances show criminal
abandonment or disposal with criminal intent, infanticide is strongly
suggested. The following three questions must be resolved in a suspected
infanticide:
z
Did the infant breathe after birth?
z
Would the infant have lived if given proper care?
z
What was the cause of death?
12-197. At an autopsy, the pathologist checks the infant's lungs to learn if the
infant was breathing after birth. Usually the lungs of a stillborn and a live
birth appear quite different. But sometimes the signs are not distinct. Then
the pathologist must make vast microscopic and hydrostatic tests to find out if
lung tissues have been aerated. Even then, there is a chance that breathing
may have occurred only inside the uterus or birth canal; and the infant was
later strangled by the umbilical cord during birth or was suffocated by
extruded membranes, blood, or the mother's weight and position. Attempts at
artificial respiration may also account for the air in a stillborn's lungs. Even
when signs of asphyxia are present, the death may be wholly natural or
accidental. Finding food in the stomach is the only positive proof of life after
birth.
12-198. The pathologist medically assesses the completeness of the infant's
prenatal development. He also checks for certain vital changes that occur
immediately after birth. He considers the apparent general health of the
infant and evaluates any congenital defects and injuries received at birth.
From his findings, he decides whether or not the infant could have lived if
given minimal care. The military standard for a fetus to be considered viable
is a gestation of 28 weeks.
12-199. Identifying the victim may be impossible without finding the mother.
The body of an abandoned infant usually has no identity. Identifying the
Death Scene Investigations 12-37
FM 3-19.13
mother is not easy because she probably hid the pregnancy and birth.
However, a suspect may be found if she seeks medical attention after the
birth. She can be medically identified as the mother of the victim if her
physical condition is compatible with the birth of the dead infant. Blood tests
can show close blood grouping. At all autopsies of abandoned infants, blood
samples are taken and analyzed for future comparison.
12-200. If a baby has died from injuries, the child's medical record must be
checked to see if the injuries were treated or hidden. An investigator must try
to learn if the mother showed signs of mental depression after the birth of the
child. In such a case, she would be capable of seriously or fatally injuring the
child or even herself. Make a review of the mental history of the father.
Medical personnel, neighbors, and friends of the parents can provide
information about the temperament of the family. Military or civil police will
have records of any complaints or past investigations of the parents.
Battered Child Syndrome
12-201. Battered child syndrome occurs in cases of child abuse. It accounts for
a number of deaths of young children under violent conditions. Assigning
criminal liability for deaths due to child abuse is often difficult. The victims
are most often small children under three years old. If they are still alive, they
are usually unable or unwilling to describe what happened.
12-202. A major step in looking into the death of a battered child is to be able
to spot signs of battering. The victim of abuse is commonly an infant, most
often under 3 years of age. One child in the family is usually the main target
of abuse. This child may be the product of an unwanted pregnancy or a
premarital pregnancy, or the child may be unwanted for other reasons. The
home may be basically clean and the remainder of the children in it well cared
for, fed, and clothed. It should be noted that sometimes the family is
financially set, well educated, and socially oriented.
12-203. Many times battering parents were targets of abuse in their
childhood. A statement such as, “If you think he is mistreated, you should
have seen the way my old man kicked me around,” shows a trend of child
abuse from generation to generation. Parents raise their children the way
their own parents raised them, because they know no other way. A battering
parent often shows signs of emotional immaturity and mental and
environmental stress.
12-204. Another factor that must be recognized is the presence of an extreme
sense of competition between the parents. This competition can cause
resentment that is taken out on the child. In most abusive families, there is a
constant stress of one kind or another.
12-205. Emotional outbursts from aggravation or frustration are responsible
for many abusive deaths. Most parents feel some degree of guilt even though
their children have been injured accidentally. They make statements like—
z
“I shouldn't have bought him such a big bike.”
z
“Why didn't I watch him more closely?”
z
“Why did I let his bath water run so hot?”
12-38 Death Scene Investigations
FM 3-19.13
12-206. The battering parent, on the other hand, often shows anger and a
hostile, argumentative outlook. They may cry harassment on the part of an
investigator.
12-207. An investigator must assess the parents to try to detect undue
frustration, belligerence, or nervousness when child abuse is suspected. Do
not overlook the chance that a brother or sister beat the child. A small child,
18 months and older, may think and feel that his position in the family has
been invaded by the arrival of a new baby. Parents may unthinkingly talk of
the new baby in a way that the older child will resent. A child has many toys
and objects at hand that can cause battering injuries.
12-208. The nonfatally battered child is hard to identify. This child may
appear at a medical facility with a broken arm, a cut lip, a black eye, or
extensive bruises. Parents easily explain these injuries. A fall or toys thrown
by an older child are often the excuses used by battering parents. Only
repetitive injuries of this type can alert the doctor to a battered child. To avoid
discovery, the parent will take the child to a different doctor or hospital each
time.
12-209. Some battered children show no outer signs of injuries. Others show
extensive injuries. There may be deep bruises of the face and arms. Deep
lacerations are rare. They are probably only seen when a blunt object is used
to strike a child on the head or face. Lacerations on the inside of the mouth are
more common, caused by the child biting himself when hit.
12-210. Almost all children have one or two scars from falls, but multiple
scars on a small child show a pattern lending evidence to abuse. Small, round
burn scars may indicate cigarette or cigar burns. Sometimes a parent will bite
a child. The bite often leaves a pattern of human teeth marks on the child. An
investigator must remember to document bite impressions in his notes and
report. Additionally, the investigator must photograph the impressions using
a 35-millimeter camera with and without a measuring device. The
investigator should also collect a cast of the impression. The photographs and
impressions can be used for elimination and suspect identification purposes.
12-211. An investigator's main tool is his eyesight. Look the child over, paying
attention to any signs that the child was abused. Look at parts of the child's
body that are normally covered by clothing, like the armpits and the inside of
the upper thighs. Check the soles of the child's feet for burns. Look at the
child's nutritional state and his general cleanliness to check the parent’s care
of the child.
12-212. Most of a battered child's internal injuries occur in the head or the
stomach. The face and scalp may not show outer signs of abuse. But heavy
hemorrhaging may be present under the skull. Subdural hematomas, common
among battered children, are caused by severe force. They can occur when a
child is beaten repeatedly on the head, or when a child is being held by the
ankles and swung against a wall. They may also occur from a child being
dropped down a staircase. Blunt-force injury to the stomach often causes a
lacerated, torn, or ruptured spleen spilling into the peritoneal cavity. The
small and large bowels may be perforated, causing the feces to enter into the
cavity. Pancreatic substances or bile may be sent to the stomach by injuries to
the liver or pancreas. All of these injuries will cause much pain, crying,
Death Scene Investigations 12-39
FM 3-19.13
listlessness, shock, and finally a coma. Because the lining of the stomach is
soft, these injuries may not be apparent. One clue to an intra-abdominal
injury in the absence of obvious skin injury is a swollen stomach. A careful
investigation will usually result in findings that injuries were nonaccidental.
CHILD ABUSE INVESTIGATION
12-213. When investigating the death of a child, the first step is to get a brief
background from the person finding the child. Where and in what position
was the child found? When was the child last fed? Find out if the child had
been ill or irritable on the day of, or two days before, his death. The child's
medical background, if known, can be of great benefit. While investigating an
infant's death, find out if there were any problems during pregnancy and the
infant's birth weight. Find out if the infant had routine visits to the doctor or
well-baby clinics. Ask about the infant’s history of shots, illnesses, and
hospital admissions. Find out the ages of the parents and the number of
children in the family and if there is illness among family members. Check the
size of the body for consistency with the infant’s age. Consider the child's state
of nutrition, sickness, dehydration, and cleanliness. Look for old scars and
new or old bruises, lacerations, and abrasions. Examine the child's body, bed,
and anything else relevant to the child. Include reports and interviews from
neighbors, babysitters, and other children in the family.
12-214. Determine how the child was cared for and who was responsible for
the care. In most cases, there is one main person responsible for the care of
the child. Get information about the family structure and number of relatives
or persons frequenting the household. If the child has injuries, one of these
parties may be responsible for the injuries. Include information about anyone
who may feel competitive toward the child, like a mother's boyfriend.
Information may be available from the local welfare agency and hospital and
doctor records. Question the child's brothers, sisters, parents, neighbors, and
babysitters. Many times a babysitter becomes the confidant of abused children
but from fear or disbelief, she may not report the abuse that the children have
related.
12-215. Cases of battered children often surface by conflicting statements of
what the parents said happened and what the autopsy shows. You must listen
for any conflicting statements, no matter how small. In many cases, the
parents of a dead child have rehearsed their alibis.
12-216. The pathologist must have as much background about the child as
possible before the autopsy. If there is no traumatic injury, the cause of death
may be ruled as natural disease or crib death. When trauma from mechanical
force is present, the distinction must be made between accidental injury and
homicide. Grabbing, gripping, and shaking the child by one or more
extremities and physical blows to the child may cause injuries to bones. Blunt-
force injury is the major cause of death of a battered child.
12-217. X-rays are crucial and vital. An X-ray of new injuries will show the
type and fracture, whether it is transverse or spiral from twisting forces. A
radiologist can also find out the age of the injury. Some injuries to the head
and stomach when used with X-ray evidence and autopsy findings of old
12-40 Death Scene Investigations
FM 3-19.13
injuries show repeated abuse and develop a pattern of injuries. Other injuries
are of such a profound nature that accidental cause is hard to believe.
12-218. A thorough crime scene investigation, as detailed in Chapter 5, will
aid the investigator in accomplishing his mission. Although the investigation
of cases involving the “littlest victims” is emotionally trying upon the
investigator, staying on track and being thorough is the only way to get to the
bottom of this type of investigation. Close coordination with social workers
and legal and medical professionals is crucial. The successful investigation of
child abuse allegations, whether fatal or nonfatal, is a multidisciplinary
approach in which information is freely shared between agencies. In about 50
percent of fatal child abuse cases, more than one agency was aware of prior
allegations of abuse. Information sharing cannot be understated.
DEATHS FROM SEXUAL ASSAULT
12-219. A death will sometimes occur during a sexual assault. The method of
killing the victim can be from accidental or intentional asphyxia, sometimes
associated with bondage play or strangulation from anger. Determining the
difference is dependant upon a thorough investigation. It is important to
consider a sexual assault in any death involving a female.
DEATH INVESTIGATION TOOLS AND EQUIPMENT
12-220. The investigation of a death scene normally requires an extensive list
of tools and equipment. Army law enforcement agencies should maintain and
store required items to be readily available for investigators and to prevent
delays in the investigation of serious crimes. Investigative tools and
equipment should include:
z
Gloves (universal precautions).
z
Writing implements (pens, pencils, and markers).
z
Body bags.
z
Communication equipment (cell phone, pager, and radio).
z
A flashlight.
z
Body identification tags.
z
A camera (35-millimeter with extra batteries, film, and so forth).
z
An investigative notebook (for taking scene notes and so forth).
z
Measurement instruments (tape measure, ruler, a measuring wheel,
and so forth).
z
Official ID (for yourself).
z
A watch.
z
Paper bags (for hands, feet, and so forth).
z
Specimen containers (for evidence items and toxicology specimens).
z
A disinfectant (universal precautions).
z
Departmental scene forms.
z
An instant camera (with extra film).
z
Blood collection tubes (syringes and needles).
z
Inventory lists (clothes, drugs, and so forth).
Death Scene Investigations 12-41
FM 3-19.13
z
Paper envelopes.
z
Clean, white linen sheet (stored in a plastic bag).
z
Evidence tape.
z
Business cards or office cards with telephone numbers.
z
Foul-weather gear (raincoat, umbrella, and so forth).
z
A medical equipment kit (scissors, forceps, tweezers, exposure suit,
scalpel handle, blades, disposable syringes, large-gauge needles,
cotton-tipped swabs, and so forth).
z
A telephone listing (of important phone numbers).
z
Tape or rubber bands.
z
Disposable (paper) jumpsuits, hair covers, face shield, and so forth.
z
An evidence seal (use with body bags and/or locks).
z
A pocketknife.
z
Shoe covers.
z
A trace evidence kit (such as tape).
z
Waterless hand wash.
z
A thermometer.
z
Crime scene tape.
z
A first aid kit.
z
A latent print kit.
z
Local maps.
z
Plastic trash bags.
z
GSR analysis kit (such as a scanning electron microscopy/energy
dispersive [X-ray] spectroscopy [SEM/EDS]).
z
Photo placards (signage to identify the case in the photo).
z
Boots (for wet conditions, construction sites, and so forth).
z
Hand lens (magnifying glass).
z
Portable, electric area lighting.
z
Barrier sheeting (to shield the body and/or the area from public view).
z
A purification mask (disposable).
z
A reflective vest.
z
A tape recorder.
z
Basic hand tools (bolt cutter, screwdrivers, hammer, shovel, trowel,
paintbrushes, and so forth).
z
Body bag locks (to secure the body inside the bag).
z
A video camera (with an extra battery).
z
Personal comfort supplies (insect spray, sun screen, hat, and so forth).
z
A presumptive blood test kit.
12-42 Death Scene Investigations
Chapter 13
Drug Types and Identification
Military law enforcement personnel investigate criminal drug activities,
including their use, sale, manufacture, and distribution. Investigators
employ surveillance, use informants, and operate undercover to identify
those involved in illegal drug activity. They execute search warrants to
seize illegal drugs, confiscate money derived from the sale of drugs, and
apprehend those involved. Investigators also collect and analyze
CRIMINT gathered during drug investigations. Investigators help reduce
the criminal threat to US and friendly forces by sharing CRIMINT with
other federal, state, local, and HN police agencies.
LEGAL CONSIDERATIONS
13-1. The Controlled Substances Act (CSA) is the legal foundation of the
government's fight against the abuse of drugs and other substances. This law
is a consolidation of numerous laws regulating the manufacture and
distribution of narcotics, stimulants, depressants, hallucinogens, marijuana,
anabolic steroids, and chemicals used in the illicit production of controlled
substances.
13-2. The CSA is included in Part B, Subchapter I, Chapter 13, Section 812,
Title 21, USC (21 USC 812). It regulates the manufacture and distribution of
all legal and illegal drugs and places all substances regulated under existing
federal law into one of five schedules. This placement is based upon the
substance's medicinal value, harmfulness, and potential for abuse or
addiction. Schedule I is reserved for the most dangerous drugs that have no
recognized medical use, while Schedule V is the classification used for the
least dangerous drugs. The act also provides a mechanism for substances to be
controlled, added to a schedule, decontrolled, removed from control,
rescheduled, or transferred from one schedule to another.
13-3. UCMJ, Article 112a, interprets the CSA in terms of military justice.
Schedules I, II, and III have maximum punishments of 5 years for possession
and 15 years for distribution. Schedules IV and V have maximum
punishments of 2 years for possession and 10 years for distribution.
Marijuana has specific penalties. Possession of 30 grams or less has a
maximum punishment of 2 years. Possession of 30 grams or more has a
maximum punishment of 5 years. Possession of any amount to distribute has
a maximum punishment of 15 years.
PRELIMINARY IDENTIFICATION OF DRUGS
13-4. A major challenge to law enforcement personnel is the ability to identify
drugs found at a crime scene or in a suspect's possession. Because of the
Drug Types and Identification 13-1
FM 3-19.13
numerous drug types, colors, sizes, and street names, the aid of a
pharmaceutical reference book is often necessary. An excellent reference
source for drug identification is the Physician's Desk Reference (PDR). When
the PDR or another means (an investigator purchasing a particular type of
drug through undercover operations) cannot assist an investigator in the
identification of a drug, he can conduct a preliminary identification of the drug
by using a chemical-reagent field test kit. There are several drug
identification kits available. Each kit contains vials of reagent grade
chemicals that a qualified chemist uses to prepare the same test when testing
substances in a laboratory environment. The kit shows a color reaction.
Although the color reactions are valuable, they have the following limitations:
z
The tests are qualitative and not quantitative (the drug percentage
will not be known).
z
The tests are only precursory and presumptive (a chemist's testimony
as to his scientific analysis is the most valid evidence).
z
A negative test does not necessarily preclude the presence of a drug,
nor does a positive test guarantee the presence of a drug.
TESTS OF SUSPECTED DRUG SUBSTANCES
13-5. The first rule an investigator must adhere to when testing suspected
drug substances is to never taste or try the substance in any fashion.
Secondly, the investigator must remember to use only the amount of the
suspected substance needed to conduct the field test and to preserve enough of
the substance for laboratory testing. Instructions are provided with all test
kits and should be followed.
13-6. Investigators will have to test drugs in powder, solid, or liquid form.
Drugs found in powder form can be mixed with other substances and
contained in capsules. If suspected drugs are found in capsules, an
investigator can open one capsule to pour some of the powder into a test vial to
determine its identity. When encountering solid forms of suspected drugs,
such as tablets, the investigator can either crush the tablet into powder form
or break the tablet in half and scrape some powder from the inside of the
tablet into the test vial. For vegetable material, such as marijuana or hashish,
a few flakes or the crumbled substance can be put into the test vial. When
suspected liquid drugs are found, only add the necessary amount to the vial to
receive a reading from the test kit.
13-7. Upon completion of the test, the investigator must use the neutralizing
agent that comes with the kit. These kits contain reagent grade chemicals and
are considered hazardous waste, which requires proper disposal. Every
investigator should identify where HAZMAT can be discarded on the
installation. These kits are not to be disposed of in office trash receptacles.
SAFETY
13-8. Safety is an important consideration for the investigator who conducts
preliminary drug identification tests. The chemicals are sometimes caustic
and can cause burns or irritate the body. Some commercial tests are
manufactured in glass vials and when opened, small fragments of glass may
scatter about. Rubber gloves should be worn when available and, when not
13-2 Drug Types and Identification
FM 3-19.13
available, the investigator should wash his hands as soon as possible after
conducting the test. The investigator should always wash his hands before
eating, drinking, or smoking if he has been handling suspected drugs. In
addition to wearing gloves, the investigator should wear protective goggles
and use the field test kits in a well-ventilated area.
DOCUMENTATION OF FIELD TESTING
13-9. Remember that field tests are only presumptive and must be confirmed
by laboratory analysis. In the event that there is not enough product to be
field tested and sent to the laboratory, the investigator must decide which is
more imperative for the investigation.
13-10. When an investigator conducts a field test, he must document the
results using CID Form 36 (Field Test Analysis on Non-Narcotic Substances).
CID Form 36 will allow the investigator to document what the suspected drug
was, what type of field test kit was used, and the results of the test, which is
an important aspect of the investigation. CID Form 36 must accompany DA
Form 4137; both forms establish and show the chain of custody of the
suspected drugs. CID Form 36 is used to document that a portion of the
suspected drug was consumed for testing and will be recorded on DA Form
4137 in the chain of custody portion.
OPIUM AND OPIUM DERIVATIVES
13-11. Initially, opium and its derivatives were considered a cure-all for many
ailments but very little was known of their pharmacological affect or toxicity.
Certain individuals began to glamorize the stupefying effects of the drugs and,
shortly thereafter, large numbers of people began to abuse the drugs. Through
continuous promiscuous use, the numbers of addicts began to swell in
countries throughout Europe. The following addresses raw opium, morphine,
and heroin:
z
Raw opium. To fully understand the physical, chemical, and
pharmacological aspects of opium and its derivatives, the papaver
somniferum (opium poppy) must be examined first. The word
“papaver” is a Greek word meaning poppy. “Somniferum” is a Latin
word meaning to dream or induce sleep. The opium poppy is
indigenous to many climates, growing from the southernmost tip of
Africa to as far north as Moscow, with the largest quantities coming
from the following three main areas of the world:
The area known as the Golden Triangle (Laos, Burma, and
Thailand).
The area known as the Golden Crescent (Afghanistan, Pakistan,
and Iran).
Mexico.
NOTE: The opium poppy provides opium in its raw form and is
generally smoked.
z
Morphine. Raw opium contains approximately 10 percent morphine,
1/2 percent codeine, 1/5 percent of thebaine, and 1 percent of
papaverine, plus more than 35 additional alkaloids in smaller
Drug Types and Identification 13-3
FM 3-19.13
amounts. To produce 1 kilogram of morphine, approximately 10
kilograms of raw opium are required. The process of extracting
morphine from opium involves heating water to the proper
temperature and then thoroughly mixing the raw opium with the
water. The remaining opium gum is removed and remixed 5 or 6
times. All of the water is combined and condensed. At this point, a
chemical fertilizer is added, leaving the morphine suspended in a
chalky white substance near the surface of the water. The chemist
pours that solution into another container, filtering it through
cheesecloth. This leaves chunky white kernels of morphine on the
cloth. This free-base morphine is then dried and packaged for
shipment. It is quite common to encounter morphine in blocks that are
approximately 3 x 4 x 1 inch and weigh from 10 to 12 ounces. The
blocks will sometimes bear trademarks or brands, such as “999” or
“AAA.” The morphine is then transported to a much more elaborate
laboratory setup where the chemist now begins the conversion from
morphine to heroin on a 1-to-1 basis with the addition of other
chemicals and processing. Morphine is most generally injected or
swallowed by illicit users or by individuals who are prescribed the
drug. Legally produced morphine and codeine are available and
necessary drugs that are extensively used throughout the medical
world. They are used to reduce severe pain, quiet nervous individuals,
and arrest heart disease, among many other additional uses.
z
Heroin. Heroin (diacetylmorphine) is the most commonly abused
narcotic. It is synthesized from morphine (a derivative of opium
poppy). In general, there is a long chain of intermediaries who will
handle the heroin on its journey from the laboratory to the addict.
Each handler will attempt to make a profit by reselling the heroin or
charging for its transportation. To maximize his profits, a dealer will
usually “cut” the heroin. Once a dealer has a general idea of the purity
of the heroin, he will mix a small quantity of the heroin and the
cutting agent in the desired proportions and retest the heroin as a
final check. When the dealer is sure of the ratio he wishes to use, he
proceeds to dilute the remaining heroin. When a dealer cuts the heroin
once, he will take an equal portion of the heroin and the cutting agent
and mix them together. The cutting procedure varies a great deal from
area to area. The most common cutting agent or dilutant is lactose
(milk sugar). The heroin is repeatedly cut during the journey along the
distribution chain until it finally reaches a strength and purity
commonly ranging from 1 to 3 percent. Sometimes the cutting
procedure involves tremendous danger to the potential user because of
the other substances, which may have been substituted for milk
sugar. This is especially true of the street level dealer who does not
take the time to go to the store to buy a cutting agent. This individual
may simply go into a kitchen cabinet and remove any substance that
looks similar and can be assimilated into the system. Such substances
include baking soda, powdered sugar, powdered milk, baby laxatives,
starch, cake flour, coffee, tea, and cocoa. These common kitchen
substances may be in addition to other adulterants that might have
already been used at a higher level of cutting, such as barbiturates,
caffeine, methamphetamineadone, amphetamine, and quinine. The
13-4 Drug Types and Identification
FM 3-19.13
color and texture of heroin is not necessarily an indicator of its
quality. Heroin naturally comes in various colors and textures.
Cutting agents only add to those variations. The heroin that comes
from the Far East is usually a white or off-white color, ranging from a
tan or light tan shade. Southwest Asian heroin is generally light gray,
but on occasion may be pure white. Mexican brown heroin will
commonly range in color from off-white to a dark brown or black. The
consistency of heroin will range from a fine powder to a heavy
granular or chunky substance. Heroin can be used in almost every
conceivable manner. It can be taken orally, inhaled, injected, or
smoked (referred to as “chasing the dragon”).
COCAINE
13-12. Cocaine (methybenzoylecgonine or C17H21NO4) is a white crystalline
alkaloid (any of a class of nitrogenous organic bases, especially one of
vegetable origin having a physiological effect on animals and man) that is
chemically synthesized using the leaves of the coca bush (erythroxylon coca)
and acts as a stimulant to the central nervous system.
13-13. The coca plant is an evergreen that is native to South America,
particularly the countries of Peru, Bolivia, Brazil, Chile and Columbia, and
should not be confused with the cocoa plant from which chocolate is made.
Although the coca plant is natural to South America, it has been successfully
cultivated in Java, West Indies, India, and Australia.
Manufacturing Cocaine
13-14. The following are three basic processes of extracting cocaine from the
coca leaf:
z
In the first process, the dried coca leaf is treated using a chemical
process with an acid solution (such as sulfuric acid) that produces raw
cocaine or coca paste. The coca paste (which contains approximately
70 percent cocaine) is put through another chemical process with
hydrochloric acid, creating a hydrochloric salt or cocaine hydrochloride
(which is soluble in water). This process is very time-consuming and
can take from 1 to 2 weeks to complete. Both the legitimate and illicit
manufacturers of cocaine use this process.
z
In the second process, the dry coca leaf is treated using a chemical
process with a basic solution (such as sodium carbonate) that produces
raw cocaine. The raw cocaine is then put through another chemical
process with hydrochloric acid, creating a hydrochloric salt or cocaine
hydrochloride. This process is less time-consuming than the first
process and is probably the one that is preferred by illicit
manufacturers.
z
The third process is more advanced and technical than the other two
processes. The basic advantage of this process is that it provides a
greater yield. The dried coca leaf with its various alkaloids, including
cocaine, is broken down into ecgonine, which is the chemical base or
core of the cocaine molecule. The ecgonine is then treated with
Drug Types and Identification 13-5
FM 3-19.13
methamphetamineyl iodide and benzoic anhydride in a chemical
process that creates pure cocaine.
13-15. The Peruvian coca leaves, because of their richness, are commonly
used in the first and second extraction process. When the dried coca leaves
have low cocaine content, the third process (ecgonine) is preferred. Normally,
it takes approximately 125 pounds of dried leaves to produce 1 pound of
cocaine.
Trafficking Cocaine
13-16. Illicitly manufactured cocaine from the various clandestine cocaine
labs in South America is smuggled to various countries for black market
trafficking and use. The smuggling methods are unlimited and vary with one's
imagination. Often, while en route to the United States, cocaine is first
smuggled into Mexico rather than directly from South America. Illicit cocaine,
basically, comes in the following three forms:
z
A hard, tiny rock form that is readily available, especially to the large
wholesaler or dealer.
z
A flake form that is generally pure cocaine that has been broken down
into tiny flakes and considered a delicacy among users of cocaine.
z
A powdered form that is usually rock or flaked cocaine diluted with
other substances, such as lactose or procaine.
Using Cocaine
13-17. Cocaine can be applied, taken orally, injected or sniffed into the
nostrils (snorting or horning). When cocaine is taken orally, it can be mixed
with a liquid or semisolid for ingestion, placed in a capsule and ingested, or
swallowed in its powdered form. Sometimes users of cocaine will directly
apply the cocaine on their gums, the side of their eyelids, their genitalia, or
underneath their tongue. Some users inject the cocaine directly into the veins,
and the process is similar to that of injecting heroin. The most common
method of using cocaine today is by snorting (inhaling the cocaine into the
nostrils).
MARIJUANA AND ITS DERIVATIVES
13-18. Cannabis sativa L (from the genus Cannabis and the family
Cannabinaceae) is the botanical name for a tall, annual, woody shrub
commonly known as marijuana. The Federal law definition, Part A,
Subchapter I, Chapter 13, Section 802, Title 21, USC (21 USC 802), of
“marijuana” is as follows: “The term ‘marihuana’ means all parts of the plant
Cannabis sativa L., whether growing or not; the seeds thereof; the resin
extracted from any part of such plant; and every compound, manufacture,
salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such
term does not include the mature stalks of such plant; fiber produced from
such stalks; oil or cake made from the seeds of such plant; any other
compound, manufacture, salt, derivative, mixture, or preparation of such
mature stalks (except the resin extracted therefrom); fiber, oil, cake, or the
sterilized seed of such plant which is incapable of germination.”
13-6 Drug Types and Identification
FM 3-19.13
13-19. The Cannabis plant contains several alkaloids. The principal ones are
cannabinol, cannabidiol, and tetrahydrocannabinol (THC). THC is the most
active alkaloid and is considered to be the agent responsible for the
hallucinogenic effect of marijuana.
13-20. Marijuana and hashish are derivatives of the cannabis plant that has
been cultivated for centuries for its fiber, oil, and psychoactive resin. There
are two varieties of the cannabis plant. One is resin producing and the other is
fiber producing. THC is found most abundantly in the upper leaves, bracts,
and flowers of the resin-producing variety.
13-21. The flowering tops, leaves, and small stems are gathered, dried, and
usually smoked in a pipe or as a cigarette. Its use in cigarettes is most often
the chosen method.
Hashish
13-22. Hashish, or concentrated cannabis as it is legally and medically
known, is the concentrated resin that has been extracted from marijuana. It is
logical to assume that the potency of THC content within the hashish is
directly related to the marijuana from which it was extracted. However, a
basic rule is that hashish is 8 to 10 times stronger than commercial grade
marijuana on the average. A general range in THC content would be 0.5 to 22
percent.
13-23. Hashish is usually granular or solid and chunky in form, ranging from
mustard yellow to dark brown in color, and is usually smoked or eaten. A hash
pipe or regular pipe is normally used when it is smoked. It can be eaten as is
or used in cooking.
Hashish Oil
13-24. Sometimes called “marijuana oil” or “honey oil,” hashish oil is legally
considered concentrated cannabis. This substance is an illicitly manufactured
form of what was formerly known in the pharmaceutical and medical
professions as tincute or extract of cannabis, a lawful product once used for
medicinal purposes.
13-25. In general, hashish oil is about 3 to 4 times stronger than hashish and
30 to 40 times stronger then commercial grade marijuana. It appears on the
street as a very thick liquid and is many times so thick that it must be heated
to allow it to flow. It varies in color, but can generally be found in amber, dark
green, brown, or black. Many users smoke hash oil by adding it to a marijuana
cigarette or a commercial cigarette. Some users take hash oil by mouth, such
as adding it to food preparations or liquids like hot teas.
13-26. The symptoms of marijuana abuse and its derivatives include
problems with memory and learning, distorted perception, difficulty in
thinking and problem solving, loss of coordination, and increased heart rate,
anxiety, and panic attacks.
STIMULANTS
13-27. The two most prevalent stimulants are nicotine (found in tobacco
products) and caffeine (the active ingredient of coffee, tea, and some bottled
Drug Types and Identification 13-7
FM 3-19.13
beverages). When used in moderation, these stimulants tend to relieve fatigue
and increase alertness. They are an accepted part of our culture.
13-28. There are, however, more potent stimulants that, because of their
dependence-producing potential, are under the regulatory control of many
countries. These controlled substances are available by prescription for
medical purposes. They are also clandestinely manufactured in vast
quantities for distribution on the illicit market.
13-29. Stimulants are compounds that affect the central nervous system by
accelerating its activities. Stimulants are either natural (such as epinephrine)
or synthetic (such as amphetamine or methamphetamine).
13-30. There are many symptoms of stimulant abuse. They include—
z
Excessive activity.
z
Irritability.
z
Nervousness.
z
Argumentativeness.
z
Excessive sweating.
z
Excitability.
z
Talkativeness.
z
Trembling hands.
z
Dry mouth.
z
Overreaction to normal stimuli.
z
Flushed skin.
z
Headache.
z
Tremors.
z
Euphoria.
z
Dilated pupils.
z
Increased blood pressure or pulse rate.
z
The ability to go long periods without eating or sleeping.
DEPRESSANTS
13-31. Depressants are compounds that affect the central nervous system by
decelerating its activities. They may be synthetic or natural. Depressants can
also be categorized as hypnotics (producing or inducing sleep), sedatives
(producing a relaxed state that can lead to sleep), or tranquilizers (bringing
about relief of anxiety, relaxation of muscles, and calming without sleep or
drowsiness).
13-32. Since physical dependence results from the abuse of depressants, there
is also a withdrawal syndrome. Withdrawal from nonnarcotic depressants can
be fatal and should be medically supervised. These nonnarcotic depressants
can be divided into three main categories: barbiturates, tranquilizers, and
nonbarbituric acid drugs.
13-8 Drug Types and Identification
FM 3-19.13
13-33. The symptoms of depressant abuse include behavior that is like alcohol
intoxication, but without the odor or apparent use of alcohol. These symptoms
include—
z
Staggering.
z
Stumbling.
z
Disorientation.
z
A general lack of interest in activity.
z
A quick temper.
z
A quarrelsome disposition.
z
Slurred speech.
z
Poor coordination.
z
Drowsiness.
z
Impaired memory and judgment.
z
An unrealized loss of motor control.
z
Problems with perception.
z
Dilated pupils.
HALLUCINOGENS
13-34. The term “hallucinogens” refers to a group of drugs that affect the
central nervous system and produce perceptual alterations, intense and
varying emotional changes, ego distortions, and thought disruption. Most of
these substances have no medical use and are taken simply because of the
subjective effect they produce. They are not considered to be addictive,
although they can and do produce psychological dependence. Hallucinogens
are exotic drugs that have received considerable attention from the media and
drug abuse educators. While many of these drugs enjoy periods of fad-like
popularity with an accompanying temporary demand for them on the illicit
drug market, others (such as phencyclidine [PCP]) have been abused over the
last decade.
13-35. Hallucinogens (also called psychedelics) are capable of provoking
alterations of time and space perception, illusions, hallucinations, and
delusions. The results are variable because the same person may experience a
“good trip” or a “bad trip” on different occasions. Many drugs will cause a
delirium accompanied by hallucinations and delusions when taken by
individuals who are hypersensitive to them. Extraordinarily large amounts of
other types of drugs may also produce hallucinations because of their direct
action on the brain cells. Because of the potentially adverse effect of
hallucinogens on the human body, these drugs pose special dangers to anyone
handling them. Moreover, since very small quantities (micrograms in some
cases) may have great potency, the police investigator must be extremely
careful in how he handles and packages hallucinogens seized as evidence.
Under no circumstances should an investigator taste this or any other type of
drug or narcotic. Equally important, he must avoid any direct physical contact
with the suspected drug. Drugs categorized as hallucinogens include lysergic
acid diathylamide
(LSD); PCP; psilocybin and psilocyn; and
3,4-methylenedioxymethamphetamine (MDMA).
Drug Types and Identification 13-9
FM 3-19.13
Lysergic Acid Diathylamide
13-36. The most powerful and possibly the most widely used of the
“mind-expanding” drugs is LSD, a semisynthetic alkaloid substance extracted
from a fungus that grows on rye, wheat, and other grains. It is an extremely
potent drug, requiring only a small amount to induce a “trip.” The affects of an
average dose (about 100 micrograms) usually last for 6 to 12 hours. One ounce
is enough to provide 300,000 doses. LSD is encountered as a liquid or powder.
In its original state, it is colorless, odorless, and tasteless. It is often put on or
in things, such as sugar cubes, toothpicks, aspirin, crackers, postage stamps,
or bread.
Phencyclidine
13-37. PCP, known on the streets as “angel dust” and numerous other exotic
names, is popular among youthful drug users. The affects of PCP vary widely.
In small doses, it causes sedation like most depressants. In moderate doses,
analgesia and anesthesia occur, characterized by sensory disturbances. In
large doses, PCP may produce convulsions and a coma leading to death. Most
persons using PCP experience a confused state characterized by feelings of
weightlessness, unreality, and hallucinations. Reports of difficulty in
thinking, poor concentration, and preoccupation with death are frequent.
Other effects include nausea, vomiting, profuse sweating, involuntary eye
movements (nystagmus), double vision, and restlessness. It has also been
reported that PCP users have increased rates of fetal loss, chromosome
breakage, and decreased fertility.
Psilocybin and Psilocyn
13-38. Psilocybin occurs naturally in several species of mushrooms. Psilocybin
is relatively unstable and upon ingestion is converted to psilocyn by the
enzyme, alkaline phosphatase. Therefore, it seems likely that psilocyn is
actually responsible for the drug effects accredited to psilocybin.
3,4-Methylenedioxymethamphetamine
13-39. MDMA (ectasy) is a synthetic chemical that can be derived from an
essential oil of the sassafras tree. MDMA was first synthesized and patented
by Merck Pharmaceuticals in 1914. It was not until the mid-1970s that
articles related to its psychoactivity began showing up in scholarly journals.
In the late-1970s and early-1980s, MDMA was used as a psychotherapeutic
tool and became available on the street. Its growing popularity led to it being
made illegal in the United States in 1985, and its popularity has continued to
increase since then.
13-40. The symptoms of hallucinogens and dissociative drug abuse vary
depending on the particular drug. Drugs with street names like acid, angel
dust, and vitamin K distort the way a user perceives time, motion, colors,
sounds, and self. These drugs can disrupt an individual's ability to think and
communicate rationally or even to recognize reality, sometimes resulting in
bizarre or dangerous behavior. Hallucinogens such as LSD cause emotions to
swing wildly and real-world sensations to seem unreal, sometimes with
frightening aspects. Dissociative drugs like PCP and ketamine may make a
13-10 Drug Types and Identification
FM 3-19.13
user feel disconnected and out of control. Such drugs as MDMA, rohypnol,
gammahydroxybutyrate or gamma hydroxybutyric acid (GHB), and ketamine
can cause a sharp increase in body temperature (malignant hyperthermia),
leading to muscle breakdown and kidney and cardiovascular system failure
when taken in high doses.
CLANDESTINE LABORATORIES
13-41. The Drug Enforcement Administration (DEA) defines a clandestine
drug laboratory as, “an illicit operation consisting of a sufficient combination
of apparatus and chemicals that either has been or could be used in the
manufacture or synthesis of controlled substances.” Clandestine laboratories
are known to cause serious injury or death to the lab operator and to the
investigator. Fire and explosion from organic solvents and reactive material
remain a serious threat. However, the silent killers are deadly gases and by-
products emitted from the process. Red phosphorous labs emit phosphine gas,
hydriodic gas, and hydrochloric acid gas. Ammonia labs emit ammonia gas
and hydrochloric acid gas. Phenyl-2-propanone (P2P) by means of mercuric
chloride labs emits methylamine gas and acid gas. Thionyl chloride labs emit
hydrochloric acid gas, sulfuric acid mist, and chloroform.
NOTE: There are many health and safety hazards associated with
clandestine laboratories.
13-42. The precursor chemicals used in clandestine drug labs are continually
changing and vary from state to state. The local HAZMAT team, fire
department, or federal or state law enforcement agency should have the latest
information and technologies in dealing with clandestine laboratories for the
area. The DEA and the Environmental Protection Agency (EPA) are two
federal agencies that may be able to provide assistance in dismantling,
removing, and cleaning up a clandestine drug lab.
Drug Types and Identification 13-11
Chapter 14
Environmental Crimes
Environmental crimes are not new. However, recent national events have
caused increased emphasis on law enforcement agencies training to
conduct investigations in a hazardous or contaminated environment.
Investigating an environmental crime or a crime with an environmental
impact is very similar to investigating any other crime. A crime scene
examination, evidence collection, and interviews are still required.
Environmental crimes do not consist of just an intentional dumping of
HAZMAT. They are also criminal investigations with an environmental
impact that include things such as a package delivered with suspected
anthrax, a fatal traffic accident involving a tanker truck, or a clandestine
drug laboratory. These crimes could easily encompass or be part of other
crimes, such as fraud, arson, or assault, and could involve the use of
computers or other electronic records, such as HAZMAT disposal records.
Even the most common investigation could involve environmental
concerns.
OVERVIEW
14-1. The EPA and state, local, and even foreign agencies (depending on the
applicable SOFA) hold military installations responsible for environmental
damage that they cause, even though the majority of this damage is caused by
the military's main peacetime mission, which is training. Because of excessive
environmental fees (9.9 million dollars between 1992 and 1994) assessed to
Army installations, the Army has developed a strict policy to protect the
environment (AR 200-1) with specific guidelines for vehicle maintenance
during field operations. Therefore, investigators are charged to thoroughly
investigate the intentional dumping of used motor oil, parts-cleaning solvent,
and other HAZMAT.
14-2. Other concerns include conservation areas on military installations.
Many installations border or encompass national forest lands, historic sites,
landmarks, wildlife refuge areas, or parks. US law requires the preservation
of these areas. Although training in these areas may be forbidden or severely
restricted, activities (such as noise, pyrotechnics, or dust from heavy vehicle
movement) in adjacent areas could have a negative impact on the
environment.
14-3. Generally, the major significant difference between a crime with an
environmental impact and any other crime is the contamination of the crime
scene. Traditionally, fire department personnel have controlled these scenes.
This is primarily due to their specialized training on working in protective
clothing within a hazardous environment and their responsibility to contain,
Environmental Crimes
14-1
FM 3-19.13
control, and clean the area to prevent the spread of contamination. As with
any arson investigation, the techniques used to contain and control these
scenes are very destructive and not conducive to the preservation of physical
evidence. Therefore, the investigator should respond to the scene (either with
or at the same time as fire and medical personnel) as a member of the
hazardous-incident integrated response team.
DEFINITION OF AN ENVIRONMENTAL CRIME
14-4. Before defining an environmental crime, it must be determined what is
meant by “environment.” An environment is conceptual and encompasses
anything (including circumstances, conditions, and other elements) that
affects the existence and development of an individual, an organism, or a
group. The environment of an organism is made up of everything around it.
Sunlight, temperature, air, soil, minerals, water, and other living things are
all elements of the environment of an organism. An environmental crime is
any crime that has, or possibly could have, a negative impact on any
specifically protected element of the environment.
14-5. Not all actions that cause a negative impact on an environment are
crimes. A person who cuts down a tree in the woods behind his house is
damaging the environment of that tree, other trees, animals, and every
organism in the area of the tree, but that would not usually be a crime. If the
same individual chose to dump a significant amount of poison into the soil
around that same tree and the poison not only killed the tree but also washed
over to his neighbor’s property and seeped down into the water table, then a
criminal act might have taken place. A violation of the law must occur before
an incident can be considered an environmental crime.
14-6. US Army installations and activities do not develop environmental
laws. They develop regulations and policy guidelines to comply with the
statutes. Although all federal laws apply to the US Army, each individual
installation must be aware and comply with other laws and regulations in its
area. The following are sources of laws that may apply to US installations and
activities:
z
Federal law. The Federal Facilities Compliance Act (FFCA) of 1992
requires military installations to comply with environmental laws.
The FFCA allows regulator agencies to impose civil fines on other
federal agencies, like the DA, for violations of the Resource
Conservation and Recovery Act (RCRA). Congress expanded the
concept of federal facility compliance to other US environmental laws,
including the Clean Water Act (CWA). Changes to the FFCA now
require federal agencies (including military installations) to comply
with state, regional, county, and local laws; allow for the imposition of
fines for violations of these laws; and allow these governmental bodies
or even individuals to sue US Army installations.
z
State law. Each state has its own regulatory agencies charged with
developing and implementing environmental regulations. All state
regulations should at least parallel federal regulations. Some federal
statutes allow states to set standards that are more stringent than the
14-2 Environmental Crimes
FM 3-19.13
federal requirements. When the EPA approves a state program, that
state has “primacy” for that particular environmental program.
z
Regional, county, and local law. Local laws and ordinances
address the concerns of the local community. Generally, these
ordinances will be based on state and federal laws. However, each
municipality or community may place restrictions that are more
stringent on certain activities, such as noise restrictions during
certain hours of the day and restrictions on pollution, which require
car pool lanes in major cities. The car pool lanes encourage people to
ride to work together and reduce the number of vehicles on the road,
which reduces pollution. Individuals driving without additional
passengers are restricted from access to the lane, thereby, thinning
traffic to allow those who carpool a quicker trip. Although regional
and county ordinances could affect installations within their
boundaries, it is unlikely that local or municipal ordinances will apply
since most installations are not within municipal boundaries.
However, the potential for conflict exists when installations are
located along a border with cities or towns.
z
Host nation law. While serving in areas outside the continental US
(OCONUS), individuals and installations are required to maintain
cooperative relationships with regulatory agencies of the HN and
comply with their environmental control standards. SOFAs that
permit or require standards other than those of the host country are
considered part of the environmental abatement standards that apply
to the military in the HN or its jurisdiction.
HAZARDOUS-INCIDENT RESPONSE
14-7. Hazardous incidents are uncontrolled, illegal, or threatened releases of
hazardous substances or hazardous by-products of substances. When the
Superfund Amendments and Reauthorization Act (SARA) was passed in 1986,
it regulated the storage, transportation, use, and disposal of HAZMAT into
the environment. Within the SARA, Title I and Title III were established to
provide specific guidance for responding to hazardous incidents.
14-8. Title I of SARA mandates that the OSHA and the EPA establish
regulations on training, emergency response, safety, and associated HAZMAT
activities. Within this title, Section 120, Part 1910, Title 29, Code of Federal
Regulations (29 CFR 1910.120) for OSHA and Section 1, Part 311, Title 40,
CFR (40 CFR 311.1) for EPA were established. These federal regulations
outlined training standards and mandated written SOPs for HAZMAT
incidents.
14-9. Title III of SARA sets requirements for industries to report materials
used or stored in the workplace. These reports supply emergency responders
with an inventory of what chemicals may be found in an industrial setting.
Part of the reporting includes a requirement to supply a material safety data
sheet (MSDS) for certain substances, based on their particular level of toxicity
or danger.
Environmental Crimes
14-3
FM 3-19.13
GENERAL CONSIDERATIONS
14-10. Investigators must meet OSHA training and medical requirements
before entering potentially hazardous sites. The base bioenvironmental offices
and military public health offices should be contacted to determine and
arrange for necessary training and medical monitoring. Investigators are not
first responders to environmental crime scenes. They should enter potentially
hazardous sites only under the guidance and supervision of environmental
regulatory or emergency response personnel. Do not risk exposure.
Responsible environmental management personnel make safety
determinations and specify the use of protective gear. The investigator must
follow their instructions. Never direct an investigator to enter potentially
hazardous sites or handle potentially HAZMAT unless he is specifically
trained and experienced in operating in a hazardous environment.
14-11. Gather as much information about the hazardous substance as
possible through interviews and document reviews. The investigator should
determine the following:
z
The products involved, the types of containers, and the extent of the
discharge.
z
The potential offenders, the ownership of the materials, and the
property involved.
z
Any ongoing dangers posed by the discharge.
z
The circumstances surrounding the discovery of the incident.
14-12. Once the scene is determined to be safe and released to investigators,
decide on a search technique and assign a search team to conduct an area
search. The search team should look for any—
z
Discoloration of soil, water, and vegetation.
z
Distress or absence of vegetation.
z
Sheen on the water.
z
Dead or sick wildlife.
z
Unusual odors.
z
Residue on hoses, storm drains, grates, and so forth.
z
Drums and other containers.
z
Tanks (above and below ground).
z
Recent soil movement.
z
Tire tracks and footprints.
z
Labels on the containers.
z
Paperwork associated with the incident.
14-13. Aerial photography can document visible water, soil, and vegetation
contamination and changes due to discharges of HAZMAT. Special films can
show a variety of conditions (temperature changes due to the presence of
chemicals, bacterial growth, and vegetation discoloration).
14-4 Environmental Crimes
Chapter 15
Fraud Investigations
Fraud is an intentional deception to cause an individual to give up
property or some other lawful right. It differs from theft in that fraud uses
deceit rather than stealth to obtain goods illegally. Fraud is committed in
many ways, including identity theft, checks and credit card fraud, and
forgery.
OVERVIEW
15-1. Frauds against the US government range from intentional submission
of claims for travel not performed to collusion in contracting for, or disposing
of, government property. Fraud against the US government may be an
intentional deception to unlawfully deprive the government of something of
value. It may also be an intentional deception to secure from the government a
benefit, privilege, allowance, or consideration to which the securer is not
entitled.
IDENTITY THEFT
15-2. The DOJ prosecutes cases of identity theft and fraud under a variety of
federal statutes. In the fall of 1998, for example, Congress passed Section
1028, Title 18 USC (Identity Theft and Assumption Deterrence Act) (18 USC
1028 [The Identity Theft and Assumption Deterrence Act]). This legislation
created a new offense of identity theft, which prohibits knowingly transferring
or using, without lawful authority, a means of identification of another person
with the intent to commit, or to aid or abet, any unlawful activity that
constitutes a violation of Federal law or a felony under any applicable state or
local law.
15-3. Criminals may steal an individual’s identity by co-opting his name,
SSN, credit card number, or some other piece of personal information for their
own use. In short, identity theft occurs when someone appropriates personal
information from another individual without his knowledge to commit fraud
or theft. Methods used by identity thieves include—
z
Opening a new credit card account using another individual's name,
DOB, and SSN.
z
Establishing a cell phone service in another individual’s name.
z
Opening a bank account in another individual's name and writing bad
checks on that account.
Generally, techniques used to investigate larceny are used to investigate these
crimes as well.
Fraud Investigations
15-1
FM 3-19.13
15-4. Identity theft often has a devastating effect on members of the military
and their families. Victims must act fast to minimize the damage to their
credit and financial status. Army law enforcement personnel assist victims by
providing them with information designed to help them take the appropriate
action to prevent further loss and to recover from identity theft.
15-5. The following is information that should be provided to the victims of
identity theft when there is reason to believe that these conditions exist.
z
If your keys were taken—change or rekey the locks that need to be
changed for your protection.
z
If your checks or credit cards were taken—notify your bank, if you
have not already done so. Get “fraud alert” placed on your account so
new credit will not be issued without contacting you. Do this by
reporting your loss to the following three credit reporting bureaus:
Experian—1-888-397-3742 <www.experian.com>
Experian Fraud Department
PO Box 9556
Allen, TX 75013.
Notice will appear for 90 days. If a victim wants an extension, he
must send in a current telephone bill.
Trans Union—1-800-680-7289 <www.tuc.com>.
1-714-870-5565 (Fax 714-447-6034)
Trans Union Fraud Victim Assistance
PO Box 6790
Fullerton, CA 92834
Notice appears for seven years.
Equifax—1-800-525-6285 (Fax 1-770-612-2533)
Equifax Credit Information Services
PO Box 740250
Atlanta, GA 30374-0250
Notice will appear for two years.
z
If your social security card was taken—call the Social Security
Administration (SSA) fraud hotline to notify it of the loss and get
information on how to get a duplicate card. Contact the SSA fraud
hotline at 1-800-269-0271, <www.ssa.gov>.
z
If your driver’s license was taken—apply for a new driver's license as
soon as possible and ask if anyone has applied for a license since yours
was stolen. They can refer you to an investigator.
z
If new checks or cards have been mailed to a different address—call
the local office of the US Postal Inspection Service to inform it of the
situation. Follow its guidance.
z
If your stolen checks or cards have been used—contact the banks and/
or businesses that accepted your checks or cards to notify them of the
fraud and offer to sign any affidavits of forgery, as needed. Encourage
15-2 Fraud Investigations
FM 3-19.13
the banks and businesses to pursue pressing charges against any
suspects identified.
z
If someone has stolen your identity to get new credit—call the police
department and report the crime. Also, call the Federal Trade
Commission (FTC) identity theft hotline (1-877-438-4338) to notify it
and get advice on how to proceed. To report fraud to the FTC, other
than identity theft, call 1-877-382-4357.
CHECK FRAUD
15-6. A significant amount of check fraud is due to counterfeiting through
desktop publishing and copying to create, chemically alter, or duplicate an
actual financial document, which consists of removing some or all of the
information and manipulating it to the benefit of the criminal. Victims include
financial institutions, businesses that accept and issue checks, and the
consumer. In most cases, these crimes (including forgery) begin with the theft
of a financial document. It can be perpetrated as easily as by someone stealing
a blank check from a home or vehicle during a burglary, searching for a
canceled or old check in the garbage, or removing a check mailed to pay a bill
from a mailbox. Types of check fraud include—
z
Forging. Forgery typically takes place when an employee issues a
check without proper authorization. Criminals will also steal a check,
endorse it, and present it for payment at a retail location or at the
bank teller window, probably using bogus personal identification.
z
Counterfeiting. Counterfeiting can either mean wholly fabricating a
check by using readily available desktop publishing equipment
consisting of a PC, a scanner, sophisticated software, and a high-grade
laser printer or by simply duplicating a check with advanced color
photocopiers.
z
Altering. Using chemicals and solvents, such as acetone, brake fluid,
and bleach to remove or modify handwriting and information on the
check. When performed on specific locations on the check such as the
payee’s name or amount, it is called “spot alteration.” When an
attempt to erase information from the entire check is made, it is called
“check washing.”
z
Paperhanging. This problem primarily has to do with people
purposely writing checks on closed accounts (their own or others).
z
Check kiting. Check kiting is opening accounts at two or more
institutions and using “the float time” of available funds to create
fraudulent balances. This fraud has become easier in recent years due
to new regulations requiring banks to make funds available sooner,
combined with increasingly competitive banking practices.
15-7. There are several signs that may indicate a bad check. One sign on its
own does not guarantee a check to be counterfeit; however, the greater the
number of signs, the greater the possibility that the check is bad. Signs of bad
checks are as follows—
z
The check lacks perforations.
z
The address of the bank is missing.
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z
The customer's address is missing.
z
The check number is either missing or does not change.
z
The check number is low (like 101 up to 300) on personal checks or
(like 1001 up to 1500) on business checks.
z
The type of font used to print the customer's name looks visibly
different from the font used to print the address.
z
Any additions to the check, such as phone numbers written by hand.
z
Any stains or discolorations on the check possibly caused by erasures
or alterations.
z
The numbers printed along the bottom of the check (called magnetic
ink character recognition [MICR] coding) are shiny. Real magnetic ink
is dull and nonglossy in appearance except if applied with a laser
printer when it may have a shine or gloss.
z
The MICR coding at the bottom of the check does not match the check
number.
z
The MICR numbers are missing.
z
The MICR coding does not match the bank district and the routing
symbol in the upper-right corner of the check.
z
The name of the payee appears to have been printed by a typewriter.
Most payroll, expenses, and dividend checks are printed by using a
computer.
z
The word “void” appears across the check.
z
Notations appear in the memo section listing “load,” “payroll,” or
“dividends.” Most legitimate companies have separate accounts for
these functions that eliminate a need for such notations.
z
The check lacks an authorized signature.
15-8.
Tips for detecting counterfeit checks include—
z
Perforation. Many checks produced by a legitimate printer are
perforated and have at least one rough edge. However, many
companies are now using in-house laser printers with MICR
capabilities to generate their own checks from blank stock. These
checks may have a microperforated edge that is difficult to detect.
z
MICR line ink. Some forgers lack the ability to encode the bank and
customer account information on the bottom of a check with magnetic
ink. They will often substitute regular toner or ink for magnetic ink. If
a counterfeit MICR line is printed or altered with nonmagnetic ink,
the sorting equipment at the bank will not be able to read the MICR
line, thus causing a reject item. Unfortunately, the bank will normally
apply a new magnetic strip and process the check. This works to the
forger's advantage because it takes additional time to process the
fraudulent check, reducing the time the bank has to return the item.
But banks cannot treat every non-MICR check as a fraudulent item
because millions of legitimate checks are rejected each day due to
unreadable MICR lines.
z
Routing numbers. The nine-digit number between the brackets on
the bottom of a check is the routing number of the bank on which the
check is drawn. The first two digits indicate in which of the 12 Federal
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FM 3-19.13
Reserve Districts the bank is located. It is important that these digits
be compared to the location of the bank because a forger will
sometimes change the routing number on the check to an incorrect
Federal Reserve Bank to buy more time.
CREDIT CARD FRAUD
15-9. Many laws cover larceny or fraudulent use of credit cards. The elements
of the crime of larceny by credit card are possessing a credit card obtained by
theft or fraud, using the card to obtain services or goods, and signing the
cardholder's name. Investigating credit card fraud normally requires
obtaining samples of handwriting from sales slips signed by the suspect.
Handwriting samples should be sent to USACIL for examination.
Investigators should examine credit cards for alteration of the cardholder's
name, signature section, and the numbers on the card. Merchandise listed on
the sales receipts found in the suspect's possession could also provide evidence
of illegal use. Potential witnesses include sales clerks, food service personnel,
airline and hotel employees, and car rental personnel.
15-10. If investigators suspect that the US mail system was used in credit
card fraud, they should contact the local office of the US Postal Inspection
Service. The US Postal Inspection Service is the law enforcement arm of the
US Postal Service that is responsible for investigating cases of identity theft.
The US Postal Inspection Service has primary jurisdiction in all matters
infringing on the integrity of the US mail.
FRAUD AGAINST THE GOVERNMENT
15-11. The USACIDC and the FBI have concurrent jurisdiction over persons
who are subject to the UCMJ and commit fraud against the US government.
When fraud against the government is committed outside military
installations and involves a person subject to the UCMJ, it may be
investigated by the FBI or USACIDC, unless the DOJ determines otherwise.
15-12. When fraud against the government is committed on a military
installation and involves persons subject to the UCMJ, it is investigated by
USACIDC to determine the nature and extent of the crime. If the fraud is
determined to be a minor offense as defined by AR 27-10, the investigation
may be continued by the military. If the fraud is a serious offense, prompt
notification is made to the FBI. While awaiting a response, the military
maintains authority to apprehend and detain persons subject to the UCMJ,
and the investigation is continued until the DOJ notifies the military
commander to withdraw from the investigation. Even then, the military
commander may make inquiries for administrative action related to the
offense as long as no action is taken that would interfere with the FBI
investigation and subsequent prosecution of the case.
15-13. USACIDC may conduct or participate in investigations of persons not
subject to the UCMJ if the military has a substantial interest in the
investigation, such as identifying military property or determining facts on
which to base security or administrative action. If the appropriate government
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FM 3-19.13
agency declines to investigate, USACIDC may investigate suspected fraud for
the above limited purposes, regardless of who is suspect.
15-14. In occupied territory, USACIDC may investigate fraud against the US.
In liberated areas, USACIDC investigates fraud committed against the
United States by persons subject to military law. In liberated countries or in
countries in which US Armed Forces are present as guests, investigations by
USACIDC of fraud committed by nationals of those countries against the
United States are conducted according to the agreements between the United
States and the country.
15-15. There are five main categories of fraud against the government that
may require an investigation. These are frauds involving claims, supply,
petroleum distribution, contracting, and property disposal. Investigate claims,
supply, and petroleum distribution frauds to determine if an offense has been
committed. Then, using standard investigative skills and techniques follow
the investigative process to bring your inquiries to a successful conclusion.
Investigate contracting and property disposal frauds to determine if an
offense has been committed. Once it is determined that an offense has
occurred, request assistance from economic crime investigative specialists.
The successful resolution of contracting and property disposal frauds
generally requires the training and experience of a specialist.
COORDINATING FRAUD OFFENSES INVOLVING CLAIMS
15-16. The crime of defrauding the government by the claims process is
illusive in nature. It is strongly recommended that any investigation involving
these frauds be closely coordinated with the local office of the SJA. This legal
advice can help the investigator avoid many of the pitfalls inherent in
establishing the existence of offenses in this highly technical area of criminal
law.
MAKING AND PRESENTING FALSE AND FRAUDULENT CLAIMS
15-17. There are two common elements of proof needed to substantiate the
offenses of making and presenting false and fraudulent claims. The
investigator must show the false or fraudulent nature of the claim and show
proof that the accused knew of the dishonest or fictitious character of the
claim in question. For example, a false or fraudulent claim is made against
the government when a person files a claim for property lost in military
service knowing that the articles were not lost. Making a false or fraudulent
claim, by its very nature, requires the claimant to personally make a false
statement. But presenting a claim for payment when the claimant knows that
it has been paid or that he is not authorized to present it does not require him
to make a false statement. Someone who submits a legitimate voucher a
second time is presenting a false claim, but he or she is not making a false
statement.
MAKING OR USING A FALSE WRITING OR OTHER PAPER WITH A CLAIM
15-18. Making or using a false writing or other paper in connection with a
claim is fraud against the government. The offense of making a false writing
for the purpose of obtaining an allowance, payment, or approval of a claim is
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FM 3-19.13
complete with the writing of the paper, whether or not the writer attempts to
use the paper or to present the claim. If a person makes or uses a false writing
in connection with a claim and if the false writing contains statements
intended to mislead government officials considering or investigating the
claim, he is chargeable.
MAKING A FALSE OATH WITH A CLAIM
15-19. Proof that a fraud against the government has been committed by
means of a false oath requires evidence that the accused knowingly made a
false oath to a fact or to a writing to obtain an allowance, payment, or
approval of a claim. For example, a claimant filing a sworn statement
requesting quarters for a person to whom he is not married is making a false
oath to support his claim.
FORGING A SIGNATURE WITH A CLAIM
15-20. Under the UCMJ, forgery of a signature in connection with a claim
constitutes a separate and distinct offense from the crime of forgery. The
offense is complete once it can be demonstrated that the accused forged an
individual's signature on writing or knowingly used a forged signature for the
purpose of obtaining an allowance, payment, or approval of a claim.
CLAIMS FRAUD
15-21. To investigate a fraudulent claim against the government, make a
discreet inquiry into the circumstances surrounding the allegation of fraud to
determine if an offense has been committed. This should be accomplished
without endangering any sources of information or placing suspects on their
guard. If it is determined that a fraud has been committed, continue the
investigation to learn the extent of the offense and the identity of the
individuals involved.
15-22. The investigator should learn the specific transactions by which the
fraud was committed. He should identify the roles of the suspects in the
alleged fraud and check for jurisdictional problems. Based on the
investigator's findings, he should make an estimate of the technical skills
needed to establish the offense and the identity of the offenders. Look for
probable types and locations of evidence of the fraud. The investigator should
carefully question individuals who—
z
Prepared or submitted the claim.
z
Received and approved the claim at local or intermediate levels of
command.
z
Witnessed or attested to the circumstance on which the claim was
based.
z
May have been in collusion with the suspect to prepare or justify the
claim.
z
Witnessed or knew of any motive, incident, or circumstance that may
point toward the fraudulent nature of the claim.
z
Witnessed conversations or observed correspondence between the
individuals involved in making, justifying, or approving the claim.
Fraud Investigations
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15-23. The investigator may need to audit many pieces of documentary
evidence to find those that bear on suspected fraud. Claims, applications,
travel vouchers, receipts, business and finance reports, audits, bank deposits
and withdrawals, and records of monetary conversions and transmittals can
all be used to substantiate this form of fraud against the government. Guided
by the elements of proof required for the specific offense, the investigator
should search for documents to substantiate the allegations of a claims fraud.
15-24. Take action early to secure cooperation from the appropriate
commands, and refer undeveloped leads to the appropriate commands. This
will expedite the investigation and give other agencies time to comply with
requests. If there is a need for more information or additional documents on
the fraudulent actions under investigation, coordinate with any other
agencies involved in the investigation. Try to do this without disclosing the
results of the preliminary investigation. While awaiting replies or action,
check every available local source of information. Make careful use of selected
sources, and seek out reliable individuals who possess information material to
the investigation.
15-25. Arrange the evidence to point directly to the elements of proof of the
specific alleged offense. The final case report for a fraud must be specific in its
allegations and in its information. When undeveloped leads are to be checked
by investigators in other fields of study, provide them with information
allowing them time to proceed logically in their work.
SUPPLY FRAUD
15-26. Fraud in the supply system of the US Army, commonly called supply
diversion, is the most frequent crime occurring within logistics channels on
military installations. Supply diversion ranges from ordering self-service
items for personal use or resale to requesting supplies to be shipped by rail
and then routing the railcars to areas of low-density traffic to steal their
contents.
COMMON SUPPLY FRAUDS
15-27. Common supply frauds include ordering items under the wrong
national stock number (NSN) or a false document number and ordering
unauthorized items. If a perpetrator puts the wrong NSN of the item in the
stock number block on the request form while putting a correct item
description in the description block, the automated system issues and ships
the NSN item, not the description item. When the perpetrator receives the
requested item, he diverts it for his own private gain. To spot the diverter,
investigators should use the document number and trace the document from
the requestor to the issuing activity and back to the receiver obtaining copies
of all requests and receipts.
15-28. If a perpetrator places an order under a false document number, the
investigator should trace the audit trail to establish the diversion pattern and
find the perpetrator. If a perpetrator is ordering unauthorized items, trace the
complete audit trail. Take statements from key witnesses, and then compare a
copy of the table of organization and equipment (TOE) or table of distribution
and allowances (TDA) against the property book. The authorized allowances
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