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COVER STORY
The Consumer Protection Sections Economic Crimes Division helps local law enforcement and prosecutors identify, investigate, and prosecute consumer fraud of a criminal nature.
For the past four years, Todd and Jessica Steinhaus of Coshocton posted thousands of Craigslist ads across the country advertising tickets to the World Series, NBA Finals, Super Bowl, and concerts featuring Katy Perry, Kenny Chesney, and Usher. Their claims were false. But they were believable enough to dupe unsuspecting consumers in 36 states and Canada into sending money. The Steinhauses scammed consumers in Cleveland, Columbus, Cincinnati, New York, Chicago, Los Angeles, and other cities out of more than $200,000. A cooperative investigation led by the Ohio Attorney Generals new Economic Crimes Division involved the Bureau of Criminal Investigation, the Brooklyn Heights and Mount Vernon police departments, and Coshocton County Sheriffs Office. In December, the pair pleaded guilty to four felonies. Todd Steinhaus was sentenced to six years in prison and his wife to four.
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Top Scams
4 Failure to deliver Scammers
advertise goods, services, or property online, but never deliver after receiving payment. offer jobs as Internet entrepreneurs or web-mall hosts, which require up-front fees. Secret shoppersare asked to cash a check and send part of the proceeds elsewhere to test another business customer service. In each case, job seekers get little or nothing and are out their cash.
legitimately selling goods or services online are contacted by a buyer who overpays with a fake check or credit card and asks to be reimbursed the difference. pose as friends or family members in need to convince their targets to wire money. arrange to do home improvements, sometimes even draft contracts, but do little or nothing after taking consumers money.
Every new DNA profile represents an opportunity to resolve cases that may have been pending for years, to bring criminals to justice, and to bring closure to victims. Thats what Senate Bill 77 is doing.
Attorney General Mike DeWine
As a prosecuting attorney, I learned early in my career that people facing mental health problems were cycling through our criminal justice system time and again, receiving jail or prison time rather than the treatment they needed. My colleague Ohio Supreme Court Justice Evelyn Lundberg Stratton saw the same thing years ago as a trial judge. Our shared interest in the problem, which we have worked on together in the past, has prompted a new partnership that I believe holds much promise. Its called the Attorney Generals Task Force on Criminal Justice and Mental Illness, a new group that is building on the work of a committee Justice Stratton formed more than a decade ago. (See story, Page 5.) A couple things are especially exciting about this effort. First, it involves some of the best minds across Ohio who are in a position to help address this vexing problem. Not only do these individuals representing law enforcement, the judicial system, the mental health field, housing groups, veterans advocates, education, and more
have the know-how to make a difference, they share a very real desire to do so. This is an action-oriented group. Just as Justice Stratton and I are co-chairing the task force, pairs of experts are leading its 10 subcommittees. They have identified problems, and they are working with their colleagues on and outside the task force to find solutions. The number of people with mental illness in jails and prisons has grown in recent decades as state treatment facilities closed and community-based programs lacked the resources to fill the void. We wont solve the many issues involved overnight, but we can effect real change. And that will create a better environment for Ohio families, individuals with mental illness and their loved ones, and peace officers across the state. Very respectfully yours,
In its first review of GPS tracking, the U.S. Supreme Court ruled in January in United States v. Jones that law enforcement must have a search warrant before attaching a GPS tracking device to a subjects vehicle. The court held that the attachment and information gleaned from monitoring a subjects movements on public streets constitutes a search within the meaning of the Fourth Amendment. In 2005, federal agents secretly attached a GPS device to a Jeep driven by Antoine Jones while it was parked in a public parking lot. The agents monitored Jones travels for 28 days and used the resulting data to help secure a conviction for his participation in a drug trafficking conspiracy. When considering governmental intrusion using technology, those in the criminal justice system often think of the reasonable expectation of privacy rationale set forth in Katz v. United States in 1967. In Jones, however, the court recognized the Katz formulation, but noted, For most of our history, the Fourth Amendment was understood to embody a particular concern for government
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trespass upon the areas (persons, houses, papers, and effects) it enumerates. In reaching its decision in Jones, the Supreme Court emphasized, We have no doubt that such a physical intrusion would have been considered a search within the meaning of the Fourth Amendment when it was adopted. The government physically occupied private property for the purpose of obtaining information. Based on Jones, law enforcement agencies should ensure their policies require a search warrant before officers attach or monitor GPS tracking devices on target vehicles, even those located in public places.
attorney General Mike deWine hears an overview of BCIs mobile crime lab capabilities.
CrIMINAL JUSTICE
UpdatE
Criminal Justice Update typically is published four times a year by the Ohio Attorney Generals Office, primarily for members of Ohios criminal justice community. To share story ideas or alert us to address changes, contact Editor Mary Alice Casey at 614-728-5417 or Mary.Alice.Casey@OhioAttorneyGeneral.gov. Volume 4, Issue 2 Spring 2012 Copyright 2012 by Ohio Attorney Generals Office 30 E. Broad St., 17th Floor Columbus, OH 43215 www.OhioAttorneyGeneral.gov/ CriminalJusticeUpdate
Visit www.OhioAttorneyGeneral.gov/ LawEnforcementBulletin to view and sign up for a new monthly newsletter that highlights key court cases.
VaNtaGE POINT
I want them to think of us as true partners. Ive spent a lot of time talking with sheriffs and chiefs and prosecutors. I want them to see us as that partner and that place that adds value to the law enforcement community through our specialties through our Laboratory, Identification, and Investigations divisions. The Law Enforcement roundtables that the Attorney General has been holding across the state are great vehicles to get the message out. I give sheriffs and chiefs my cell phone number and tell them to call me 24/7. And they take me up on that fortunately not every night or every minute!
Caleb Dunn hugs a memorial to his dad, Andrew Dunn, a Sandusky police officer who will be among those honored May 3. (Photo courtesy of Jason Werling/The Sandusky Register.)
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I am a strong advocate for Finding Words. I think all law enforcement officers involved in investigating these types of crimes should take this training.
Savalas Kidd, BCI special agent supervisor, Crimes Against Children Initiative
APRIL MARKS
ment, prosecutors, child protection workers, and forensic interviewers. You want the most qualified person conducting the interview so the child doesnt have to go through it more than one time, McElroy said. BCI supervisor appreciates trainings depth Savalas Kidd of the Ohio Bureau of Criminal Investigation oversees special agents involved with the Attorney Generals Crimes Against Children Initiative. He is a strong advocate for Finding Words. I think all law enforcement officers involved in investigating these types of crimes should take this training, he said. It stresses the importance of making the child the first priority and not losing sight of that. And it walked us through a case from beginning to end from interviewing the child to prosecution and courtroom testimony. Kidd appreciated the depth of the training and the knowledge he gained of various professionals roles in the process. Noting the collaboration thats necessary between law enforcement, advocates, prosecutors, and others, he added, That rapport is so important to ensure the integrity of the investigation can always be maintained. To register for Finding Words Visit www.OhioAttorneyGeneral.gov/Victim AdvocateTrainings to sign up for Finding Words. Class size is limited, so early registration is encouraged.
CArT has aided in about a dozen missing persons cases involving children and elderly adults. Late last year, Ohio members began a review and revitalization of their efforts. The Ohio Attorney Generals Office participates in CArT through its Bureau of Criminal Investigation and Missing Persons Unit. In addition to providing financial support, the office assists with trainings, mobilizes regional CArT groups in missing persons cases, and is helping with the reorganization. Other local, state, and federal agencies; search-andrescue teams; medical personnel; and victim advocates also are active in CArT. CArT is working to ensure that requests for help are met with the right array of personnel and resources. To raise awareness of the group, they welcome members to invite the participation of colleagues.
health care leaves prison, he receives only a 14-day supply of medication. A subcommittee is working to extend the medication supply and provide an additional prescription. Other groups are making inroads on housing, law enforcement training, and issues involving military veterans. To assist, the Attorney Generals Office will provide $500,000 for mental health-related projects. Partners supportive of efforts representatives of the mental health and law enforcement communities see much value in improving interactions between the criminal justice system and those with mental illness. The criminal justice system has become a quasi mental health system, said Terry russell, executive director of the National Alliance on Mental Illness of Ohio. What Justice Stratton and Attorney General DeWine have done is say, We can do better. We should stop and get help for these people before they get to the criminal justice system. Obetz Police Chief Ken Hinkle, who will begin a one-year term as president of the Ohio Association of Chiefs of Police this fall, agrees. The task force has been very beneficial in getting all the stakeholders together, Hinkle said. When that happens, you get better communication and greater awareness. Added Wayne County Sheriff Tom Maurer, the Buckeye State Sheriffs Association representative to the task force, I think its a big positive for the law enforcement community.
The Ohio Attorney Generals 21st annual Two Days in May Conference on Victim Assistance is set for May 1011 at the Hyatt regency Columbus. The conference, organized by the Attorney Generals Crime Victim Section, will consist of four general sessions and 33 breakout sessions built around the theme Mission Possible: Let No Victim Stand Alone. A look at the conferences speakers: Lundy Bancroft has 20 years of experience in interventions involving abusive men and their families. His work focuses on best practices for intervening with male perpetrators of violence, training professionals to help children who have witnessed the abuse of their mothers, and supporting healing and empowerment for abused women. Sgt. Mike Farrar of the Akron Police Department is the father of an autistic son. He will highlight the prevalence of autism and speak on its causes, common behaviors of those with autism, and how to have a successful encounter with a person with autism. Debra Puglisi Sharp will share her story of survival after being bludgeoned, raped, kidnapped, and held for 101 hours by a crack cocaine addict who murdered her husband. As part of the conference, the Attorney Generals Foster Youth Symposium will be held May 11. The symposium will bring together practitioners and policy makers to address issues surrounding the 29,000 youths each year who age out of the foster care system. Symposium participants will help create an action-oriented plan for serving at-risk youth. registration for the Two Days in May Conference costs $50. To register or receive more information, visit www.OhioAttorneyGeneral. gov/TDIM.
6 CrIMINAL JUSTICE UPDATE
BCI defines an unresolved death as a homicide or questionable death that remains unsolved at least two years after being reported to law enforcement and for which there are no apparent viable leads. By highlighting cold cases on the AGs website, local law enforcement agencies can: Bring widespread visibility to a case Increase the likelihood of new tips Compare details of cases in their jurisdictions with unsolved homicides elsewhere, which helps identify linked cases To request that an unsolved homicide be included in BCIs statewide database and featured on the Attorney Generals website, call BCI at 855-BCI-OHIO (224-6446) or send an e-mail to OhioUnsolvedHomicides@OhioAttorneyGeneral.gov.
LEGISLatIVE INITIATIVES
The Ohio Attorney Generals Office works with the Ohio General Assembly to advocate legislation aimed at supporting local law enforcement. For more information on these efforts, contact the Attorney Generals Help Center at 800-282-0515.
(Senate Bill 285) Sponsors: Sens. Gayle Manning and Tom Patton Status: Passed and signed; takes effect June 7 This new law permits local law enforcement to request a statewide Blue Alert when a law enforcement officer has been severely injured or killed or to aid in locating a suspect or missing officer. There must be a sufficient description of the suspect or the circumstances surrounding an officers injury, death, or disappearance to believe that an alert could help locate the suspect or missing officer.
Blue Alert
DNA swabbing
Senate Bill 268 Sponsor: Sen. John Eklund Status: Senate passed unanimously, now being considered by House* This bill would require that DNA samples be taken from people summoned to court on felonies or already incarcerated at the time new charges are filed. It complements a law that took effect in July 2011 requiring all felony arrestees to submit DNA samples. It also creates a provision for sealing the records of those acquitted or not prosecuted.
Arson registry
This bill would establish a statewide arson registry to be maintained by the Ohio Bureau of Criminal Investigation (BCI) and made available to law enforcement, fire chiefs, and fire marshals. It would require that anyone convicted of arson register with their county sheriff within 10 days of their release from incarceration and renew their registration annually from that point forward.
* Indicates status as of press time in early April.
AG pursues scammers
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Cold cases
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New law adds teeth To give the division more ammunition, the Attorney General initiated legislation that allows it to subpoena phone records, Internet protocol addresses, and payment data in suspected fraud cases. Senate Bill 223, which the legislature passed unanimously, also makes cyber fraud penalties consistent with those for other thefts. It takes effect June 7. Unfortunately, many of these crimes go unreported. Elderly people are frequent targets, and many fear admitting they were conned. The people who are running these scams put a lot of time into their efforts to seem believable, Blanton said. They talk about family, and gain their targets trust. Theyre also very persistent more persistent than seems normal. Many people dont file police reports because the incidents dont seem like crimes in the traditional sense. Sometimes these matters seem like civil disputes. They can seem fuzzy, Blanton said. If law enforcement lets us know of suspicious situations, well chase them down to see if a crime was committed.
This is one of the worst cyber scams that weve seen so far, Attorney General Mike DeWine said. These first-degree felony convictions should make every scammer out there think twice before preying on Ohio families. Experienced team leads effort The Steinhaus case is an example of those being pursued by the Economic Crimes Division, formed a year ago within the Consumer Protection Section to help local authorities identify, investigate, and prosecute consumer fraud of a criminal nature. Led by Principal Assistant Attorney General Jonathan Blanton, a former Jackson County prosecutor, the division includes three other attorneys and two investigators. Weve built a team of people with experience and training who can take some of the burden off of conducting these time-consuming and complex investigations, Blanton said. Our goal is to be a resource for local law enforcement and prosecutors. Were striving to provide indictment-ready cases to county prosecutors. Felony charges filed against 14 The divisions investigations have led to felony charges against 14 people. Eight have pleaded guilty, and other cases are pending. We work to get in there while a situation is hot, Blanton said. These criminals dont leave a long trail. The people who are good at it have a plan for making themselves hard to track. They know how to switch things up when the heat is on. For example, if a scammer convinces a consumer to wire money to a particular location, that business may have security video that could help identify the individual. But its vital to contact the merchant quickly while the footage is available.
Lang said. SB 77 connected the dots in a case that might have never been connected. For this, I know a family and a certain young woman, now 25, who are very, very thankful. As of late March, 173 unsolved crimes now have a prime suspect through DNA matches made possible by the new law. Previously, only the DNA of those convicted of felonies and certain sexually oriented misdemeanors was entered into CODIS. Finding someones DNA at a crime scene is often the piece of evidence that makes the case and lands the criminal in prison, where he or she belongs, Attorney General Mike DeWine said. We now see how SB 77 is helping us identify more bad guys, who just might have gotten away with their crimes had it not been for the new law. Law enforcement agencies submissions to CODIS are up from about 2,700 per month before the law took effect to about 4,600 per month currently. The increased submission rate will help grow the database which now contains more than 428,000 convicted offender and arrestee DNA profiles and in turn increase the potential for solving more cases. Since the law took effect, the number of cases in which a sample matched DNA from a known offender or an unsolved crime has increased from about 110 per month to 127 per month. Every new DNA profile represents an opportunity to resolve cases that may have been pending for years, to bring criminals to justice, and to bring closure to victims, Attorney General DeWine said. Thats what Senate Bill 77 is doing.
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For assistance
Visit the Ohio Law Enforcement Gateway (OHLEG) at www.OHLEG.org and click on Economic Crimes Assistance to Law Enforcement in the left-hand column. Fill out the brief form and a staff member will respond. Provide details by sending an e-mail to EconomicCrimes@OhioAttorney General.gov.
dRUG TAKE-BACK
National Prescription Drug Take-Back Day set for April 28
The Ohio Attorney Generals Office and law enforcement agencies across the state will participate in a National Prescription Drug Take-Back Day from 10 a.m. to 2 p.m. April 28. Spearheaded by the Drug Enforcement Agency, the collection day gives Ohioans an opportunity to safely discard expired or unneeded prescription medications. For a complete list of drop-off locations, visit www.dea.gov.
A sophomore from Metro Early College High School in Columbus looks for and lifts fingerprints with guidance from Special Agent Bryan White during a visit to the Ohio Bureau of Investigation (BCI) in London earlier this year. The students whose courses focus heavily on science, math, engineering, and technology visited BCI to learn about the bureaus forensic science and investigative services.