HSI gang definition
- 3 or more people, collectively identify themselves with a purpose of criminal activity using violence or intimidation.
- May use rules, meetings and defend interests
Motivational Factors
- Identity or recognition
- Family Generational Influence
- Pseudo Family
- Protection
- Intimidation
- Excitement
- Media Influence
- Financial Benefit
DOJ gang Definition
Tattoo identifiers, gang signs, frequent gang area, arrested w/ other gang members on 2 or more occasions, identified through reliable source, identified by jail or prison, wearing gang merch/colors.
Gang Identifiers
- Signs
- Colors
- Graffiti
- Terminology
- Street-names
- Tattoos
- Jewelry
- Rules/bylaws
- Written Material
Graffiti is used to
- Mark territory
- Intimidate
- Challenge other gangs
- Respond to rival gangs
- Display strength/status
• 18 USC 521 Criminal Street Gangs (sentencing enhancer)
- Ongoing group (5 or more) (Don’t need to charge all 5)
- Primary purpose to commit criminal acts that affect interstate or foreign commerce.
Criminal Street Gangs
Sentencing/penalty
- Can add 10 years to sentence if charged with one of the below crimes
- Fed felony involving controlled substances, fed felony of violence, fed offense involving human trafficking, sex abuse, prostitution or conspiracy to commit any of the above.
RICO 18USC 1961 – 1968
Law defines 35 different offenses.
Requirements:
- Enterprise exists
- Enterprise affected interstate commerce/foreign commerce
- Defendant was associated with or employed by the enterprise
- The defendant engaged in a pattern of racketeering activity
- Defendant conducted or participated through a pattern of racketeering activity through the commission of at least 2 acts of racketeering activity.
Hobbs Act 18 USC 1951
Interference w/ commerce by threats or violence
Essential Elements:
- Interference w/commerce
- Robbery or extortion
- Threatens physical violence
• 18 USC 1959 VICAR
Violent Crimes in Aid of Racketeering
Essential Elements:
- Existence of an enterprise
- The enterprise engaged in interstate or foreign commerce
- The charged enterprise engaged in “racketeering activity”
- Defendant committed one of the following: murder, kidnapping, maiming, Assault w/dangerous weapon, threat to commit a crime of violence.
- The offense was committed either as consideration for agreement/payment to enterprise or as entrance into the enterprise.
- Needs less acts than RICO
21 USC 848 CCE or Kingpin Statute
- 5 or more persons
- Offender must be an organizer or supervisor/manager
Gangs commonly investigated
o Mexican Mafia – La eme o Surenos – Sur-13 o Mara Salvatrucha – MS-13 o Crips o Bloods o Aryan Brotherhood o Outlaws MC o Hells Angels
Field (field interview and jump outs)
o Fools rush in o Involve Back-up o Evaluate the situation o Look around and be alert o Distance, Demeanor, Detain
Interview (Field interview and jump outs)
- Interview – don’t interrogate
- Notice the body language
- Take mental & written notes
- Entertain your audience
- Rapport must be developed
- Validate your authority
- Initiate an action or exit authority
- Effect arrest if safe and necessary
- Watch what happens after you leave
Single Scheme Drug Cases
o Pretextual traffic stops
o Terry stop and frisk
o Controlled Purchases
Investigative tools
1) Long-term informants
2) Multiple controlled purchases
3) Undercover operations
4) Court orders / subpoenas
5) OCDETF Fusion Center
6) Title III “Wiretaps”
7) FINCEN queries
8) Bulk Cash Smuggling Center
Specialized Urban Response Gang Enhancement (SURGE)
- SURGE ops combine leos to arrest, gather intel in order to prosecute gang members.
- Focuses on gang members and associates involved in transnational crim activity
HSI Resources
- TOC II Transnational Organized Crime Division
- Contraband Smuggling and National Gang Unit
- Specialized Urban Response Gang Enhancement (SURGE)
