UNCLASSIFIED1 Law Enforcement Response to Piracy: Perspectives & Challenges David C. Lobb, Ph.D. Special Agent U.S. Naval Criminal Investigative Service.

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Law Enforcement Response to Piracy:

Perspectives & Challenges

David C. Lobb, Ph.D.Special AgentU.S. Naval Criminal Investigative ServiceField Office Singapore

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NCIS: Overview Charter –

Criminal Investigations/Operations

Counterintelligence Investigations/Operations

Counterterrorism Investigations/Operations

Antiterrorism/Force Protection

Cyber Investigations/Operations

Personnel and Info Security DON Policy

DON Clearance Adjudication

Composition: ~ 90% Civilian ~ 98% of agents are civilian

NCIS civilian agents have statutory arrest authority

Civilian Director (SES/GS-1811) reports to SECNAV

NCIS agents prepare to board ship recovered from Somali pirates to process

crime scene

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NCIS and Piracy

Early Involvement-Logical LE Agency? Maritime Focus Worldwide Presence Connection to U.S. Navy and Assets Investigative Skill Set Early cases and operations

Applying Our Standard of Investigation Asking one Question From the Start: What Do We Do When We Catch Them?

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Case Studies

Attack on the USS NICHOLAS March 2010 5 Pirates Captured, taken to the

U.S. November 2010 Convicted First Piracy Jury Trial Since 1820 March 2011, all sentenced to life

plus 80 years

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Case Studies cont.

Attack on the MAERSK ALABAMA Attacked in April 2009 Crew captures one pirate regains control Captain Philips is taken off ship with three

pirates in life boat USS BAINBRIDGE Captain authorizes

tactical actions by Navy SEALS Three pirates killed, one Captured- Muse Pleads Guilty, sentenced to 34 years

(February 2011)

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Yacht QUEST

•Taken February 19, 2011•Shadowed by U.S. Warship

•Fired RPG at ship, SEALS respond•13 Somalis, 1 Yemeni heading to the U.S.

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Case Studies cont. M/V Amira

13 MAY 2009 Egyptian Flagged

Vessel Philippine

Crew/Greek Captain

Security Detachment

RPG Fired at Amira

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MV Amira

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Evidence

Weapons

Excess Fuel

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More Evidence

Cell Phones

Hooks and Ladders

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Case Studies cont. 17 Suspected Pirates (SP’s) 4 SP’s claimed to be victims Kenyan law does not allow for confessions

to be admissible unless made to a magistrate Defense-just fishermen Prosecutors- would not allow testimony regarding “Victims” statement

which implicated the others.

A Kenyan court on Friday, November 5, 2010 freed 17 Somali men detained by the U.S. Navy at sea and accused of piracy, saying the

Navy didn't provide the necessary evidence to convict the suspects.

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NCIS Participation in Counter-Piracy Initiatives CTF-151

Investigating Agency LE Liaison Coordinate with NAVCENT

and local embassy Worldwide availability

(Singapore, Bahrain, Djibouti, Hawaii)

Training

Information Fusion Centre (IFC)

Liaison Information Sharing Engagement and Training

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NCIS & Counter-Piracy in the Region IFC

Tracking Piracy Trends, Vulnerabilities, Use of Motherships

Research Journals Information/Intel

Sharing and Cooperation with Enforcement Agencies

Engagement with Private Shipping

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Regional Activities cont.

Debriefing Initiative Highjacked Crews Captured Pirates

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Unique Type of Investigation Evidence Collection at Sea Hostage situations Jurisdiction

Information Collection and Sharing Intelligence Reports Collaboration with Interpol/Host Nation LE

Biometrics SEEK Device-Secure Electronic Enrollment Kit Used in Recent QUEST Case-Hits

Cyber support (Field / HQ) Assist in exploiting electronic

information Cell / sat phone data, GPS,

thumb drives, etc.

The Role of Law Enforcement Once Pirates are Captured

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LE Roles cont.

Interviews Cultural Considerations Somali Mindset Religious Differences

Negotiations Hostage Situations Cultural Themes

Complexities of Jurisdiction and LE Authority Rules of Evidence Elements of the Crime Court Testimony

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The Way Ahead:Looking Beyond the Military Response

What Does it Mean to “Counter” Piracy? Interdiction

Increased Assets Wider National Authorities Rules of Engagement

Prosecutorial Process Venue?(Malaysia/Malivies/U.S./

Kenya/Philipines) Piracy Prosecution Center Legal Authority, Change of Laws

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The Way Ahead cont. Investigative Process

Standards of Investigation Piracy Investigations Manual-Interpol and NCIS Multi-National Collaboration

Sharing Information UN Resolutions and Collaboration with Law

Enforcement

Interpol said it would spend $2.17million to help African nations fight piracy.

The first phase of the E.U-funded program would include Interpol providing Seychelles with a digital fingerprint identification system to make it easier to identify pirates and share information on them.

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Points to Ponder

Debate will Continue on How to Stop Piracy Attack land based problems of poverty and

governance? Larger Enforcement Footprint?

Piracy as a issue of Global Security Connection to Islamic Militias and AQ

associated Groups Commercial Shipping Companies International Effort

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QUESTIONS?