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How to force crime to be investigated

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How to force crime to be investigated

Postby raydona » Sun Dec 18, 2016 9:08 pm

Hello, I was the victim of bank fraud. The bank has compensated me but it has cost me £5000 in legal fees to recover my money. The perpetrator of the crime is known and there is substantial evidence against the person. My local police station told me to report the matter to Action Fraud which I did. Without asking for details about the case Action Fraud has decided there is no evidence to pursue the matter. [It seems now it's standard practice not to investigate or prosecute fraudsters. So much for the rule of law!!!] How can I force the matter to be investigated and criminal charges brought? All help will be greatly appreciated.
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Re: How to force crime to be investigated

Postby shootist » Sun Dec 18, 2016 10:29 pm

Very little chance indeed. The first thing is that your local police station will advise anyone reporting anything that is remotely complicated or that requires any significant level of investigation, and that doesn't involve statutory victims, to go away.

The first step I would take is to report the allegation in writing to the police. Ignore what you were told by the local nick. This at least ensures that they have to ignore your complaint officially.

From what you have said, you appear to think you have good evidence of who committed this crime. If you commence civil action against them to recover your costs, and anything else you may feel you might claim, a win in a civil court will be better than nothing, and may even prompt the police to actually do something, especially if you have done all the leg work for them.
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Re: How to force crime to be investigated

Postby Hairyloon » Mon Dec 19, 2016 12:49 am

shootist wrote:The first step I would take is to report the allegation in writing to the police. Ignore what you were told by the local nick.

Specifically where then?
This at least ensures that they have to ignore your complaint officially.

Whereupon you can officially complain of their lack of action.
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Re: How to force crime to be investigated

Postby dls » Mon Dec 19, 2016 6:54 am

Shootist is right about the police, but never sue someone unless you have to, you are certain of victory, can afford to lose, and are sure that the other side can and will pay the full sums.

You are not certainly going to recover the costs of extracting compo from your bank.
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Re: How to force crime to be investigated

Postby shootist » Mon Dec 19, 2016 11:01 am

Hairyloon wrote:
shootist wrote:The first step I would take is to report the allegation in writing to the police. Ignore what you were told by the local nick.

Specifically where then?
This at least ensures that they have to ignore your complaint officially.

Whereupon you can officially complain of their lack of action.


Where? A letter, containing as much evidence as can be found, to the Chief Constable of the force concerned. Not that he'll read it, but as it will be sent recorded delivery, it's a start.

Complaining about their lack of action will be about as successful as urinating in a lake to raise the water level. It can be done, but it takes a hell of a lot of contributors. It is not an entirely wasted effort though, because if there are no complaints then the police can sit back of their self satisfied arses and smile while telling us they've had no complaints. Time and again people will say they haven't reported a crime to the police because "they can't do anything anyway". While true in individual cases it is not true in the larger scale, and for the same reason. Every single crime, no matter how trivial should be reported.
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Re: How to force crime to be investigated

Postby Hairyloon » Mon Dec 19, 2016 11:53 am

shootist wrote:Time and again people will say they haven't reported a crime to the police because "they can't do anything anyway"...

And thus they report a reduction in crime...
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Re: How to force crime to be investigated

Postby miner » Mon Dec 19, 2016 1:23 pm

In my experience, the Police are fundamentally lazy and incompetent and find their own bogus reasons for not investigating alleged fraud, etc.

Report them to their so-called Professional Standards Department (PSD) and they also do nothing. They drink in the same police bar and piss in the same pot as those they are supposed to be investigating.

The IPCC are acknowledged as being "too close" to the Police they are supposedly investigating, and conveniently, despite their public perception of what the IPCC is, their actual remit doesn't extend very far anyway.

My belief is that this abominable culture comes from the very top: Chief Constables, who set the local example.

But, as stated above, always report, in writing, any and all alleged crime and at least request that it be investigated, but expect nothing.
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Re: How to force crime to be investigated

Postby Spankymonkey » Wed Dec 21, 2016 9:22 pm

The Home Office counting rules set out clear guidelines that the police must follow in relation to reported fraud. There are over 60 types of fraud listed, many of which have different rules of investigation and crime recording attached to them:

https://www.gov.uk/government/uploads/s ... l-2016.pdf

Unfortunately, the police will do anything they can to dodge fraud investigation because it's too much like hard work, so they use Action Fraud as a burial ground for every fraud no matter how serious or how certain the victim is they have located the offender. Action Fraud are staffed with civilians who know nothing about the law but are very good at shoving e-mails into a big black hole and then sending the informant off with platitudes.

First off, the Code of Practice for Victims of Crime (the Victims’ Code) entitles all victims (other than businesses) who report a crime to receive a written acknowledgement from the police.

https://www.gov.uk/government/uploads/s ... -crime.PDF

For the purposes of this Code, a “victim” is:
• a natural person who has suffered harm,
including physical, mental or emotional
harm or economic loss which was
directly caused by a criminal offence2
;
• a close relative (see glossary) of a person
whose death was directly caused by a
criminal offence.
5. Legal persons (e.g. businesses) are not
included within the definition of a victim.
Businesses are only entitled to services under
this Code in accordance with Chapter 4.

You are entitled to receive the following
from the police:
• a written acknowledgement that you
have reported a crime including the
basic details of the offence. The written
acknowledgement could be in the form
of a letter, an electronic notification
such as an email or text, or it could
be written by hand. You may request
not to receive such acknowledgement.
Where the police consider there may be
a risk of harm to you from sending the
written acknowledgement (for example
in domestic violence cases), they may
agree with you not to send one;
• a clear explanation of what to expect
from the criminal justice system when
you report a crime or are contacted as a
victim in the course of investigations;
• an assessment of whether you want
support, and if so what help or support
you may need. This will help to identify
whether you are in one of the three
categories of victim who may need
enhanced support, and to determine
whether and to what extent you may
benefit from Special Measures. Victim
support services may do a more detailed
assessment on behalf of the police;

either written information (in
accordance with paragraphs 18 and 19
of the Introduction) on what to expect
from the criminal justice system such as
the “information for victims of crime”
leaflet, or the details of a website which
contains the same information, as soon
as possible, and not later than 5 working
days after reporting the crime or being
contacted as a victim in the course of
investigations;
• to be informed how often you will
receive updates on the status of the case
following discussion with the police;
• an explanation, within 5 working days of
a decision not to investigate a crime;
• to be advised when an investigation into
the case has been concluded with no
person being charged and to have the
reasons explained to you;




Go back to the police but this time show them the relevant parts of the Home Office Counting Rules that make it clear that where the victim has identified the likely offender, and that offender resides within that forces jurisdiction, then the police must perform their statutory duties of law enforcement.



Where victims contact police to report a fraud, police may, unless a police CALL FOR SERVICE exists
(important see below), advise the victim that they can report fraud to Action Fraud directly via the contact
centre by telephone or on-line reporting tool. If this advice is taken, then there is no need for police to record
a crime or record a CRI. Where victims decline this facility and ask police to record a fraud, then police
should take full details of the fraud and pass the details to NFIB.

Local Suspect
‘Local suspect’ is where through viable investigative leads;
 Police can or could locate a suspect with the details provided, or
 have sufficient details to apprehend an offender.
The word “local” has its everyday meaning and has been used to ensure that like any other type of crime
reported directly to police, where there are local viable investigative leads police should consider the crime
for investigation. This is intended to provide the same policing response as with other crime types. For
example: If following an assault a suspect can be apprehended, police could respond to that policing
demand. It should be the same for fraud offences.
For every call for service where a confirmed fraud/cyber offence is apparent, police will also record an
offence at AF via on-line reporting. The number of reports required will be in accordance with the victim
count specified by each relevant NFIB offence code.
Example 1: A local business reports to the police that their accountant has been defrauding the
company by falsifying their accounts.
The call for service criteria has been met. Police create a local case management record
And create an AF report (via on-line reporting).
Example 2: A department store phones police informing them that a suspect is at the till
presenting a cloned credit card for payment.
In all the following circumstances the call for service criteria has been met:
A suspect is arrested at the scene
A suspect who has decamped is identified on CCTV
After watching CCTV the suspect is seen but not identified
CCTV not available and the suspect has escaped before police arrival
Police create a local case management record and create a AF report (via on-line reporting).
Example 3: Police are informed by a mail order company that goods purchased using a stolen credit
card are going to be delivered to an address on their policing area.
The call for service criteria has been met. Police create a local case management record
and create an AF report (via on-line reporting).
Example 4: Police are called by a bank that a person seeking a mortgage is in the branch with a false
application.
The call for service criteria has been met. Police create a local case management record
and create an AF report (via on-line reporting).
Home Office Counting Rules For Recorded Crime With effect from April 2016
All Counting Rules enquiries should be directed to the Force Crime Registrar
Fraud
(Page 3 of 7)
Crime Location – Call for Service
The venue will be:
Offences where offenders are arrested by the police:
 The venue where the false representation was made.
Where there is a call for service to Police and the offender is committing or has recently committed at the
time for the call for service for all fraud types:
 The venue where the false representation was made. This is regardless of any address for the
suspect being established through reporting or investigation.
Where there is a local suspect:
 The police force area covering the location of the fraudulent operation/suspect’s address, or
 for business related fraud the office/usual place of work of the suspect employee or if no
office address or usual place of work, the Head Office of the company. (The term “business
related” generally applies to corporate employee fraud, abuse of trust, boiler room addresses etc).

Goods ordered remotely:
 The delivery address to which the fraudulently ordered goods were delivered or are to be delivered.
Fraudulent applications:
 The venue from which the fraudulent application is sent shall be deemed to
be the location. However if, as is commonly the case, the fraudster has arranged for a mail
re-direction from the first address, then the latest known re-direct address shall be deemed to be

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Re: How to force crime to be investigated

Postby shootist » Thu Dec 22, 2016 11:31 am

Spanky, a most interesting and possibly useful post, thank you.

Unfortunately, (not) dealing with reports of fraud is a skill the police have long been familiar with. The first response, if it actually gets to a police officer, is the battle cry "Civil Debt." If the complainant argues forcefully, is will be passed to a senior officer (CID, better known as C***s In Disguise) who will confirm that there is good reason to doubt a crime has been committed. At lower levels, an incident number will be given, which many complainants get the impression that it is a crime number. Not so. Sometimes the police will suggest contacting Trading Standards, usually incorrectly, but if not, then it's a bit like jumping out of the frying pan into a bowl of yesterday's porridge.

There is a similar approach to the reporting of none 'accident' complaints of dangerous driving. The complainant reports, and for some reason, an unfortunate administrative mix up usually :roll: (apologies to Atti for the yellow blob) , no Notice Of Intended Prosecution (NIP) is sent within 14 days, which prevents prosecution. If pressed, the police will send a strongly worded letter advising the alleged offender that they will not be doing anything about it.

The petty corruption of the police is as strong as it ever was. Undetected robberies will be crimes as assault and theft, multiple burglaries on a closed site, say a retail park, will be crimed as one offence unless detected, at which it will be magically crimed as multiple offences to boost the detection rate. Minor public order offences will be recorded as drunk and disorderly or Section 5 POA, depending upon the Divisional Commander's requirements for figures to go up or down (D&D is not recorded as a crime). Most surprisingly arrests that appear completely unnecessary are still reported in the press quite regularly. I know that the full facts are not always reported, but I know which way to bet.

All in all, quite depressing.
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Re: How to force crime to be investigated

Postby Hairyloon » Thu Dec 22, 2016 12:03 pm

shootist wrote:All in all, quite depressing.

Any ideas of how to fix it?
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