Sei sulla pagina 1di 17

Journal of Criminal Justice 32 (2004) 477 – 493

Assessing law enforcement preparedness


to address Internet fraud
Ronald G. Burns*, Keith H. Whitworth, Carol Y. Thompson
Department of Sociology, Criminal Justice and Anthropology, Texas Christian University, TCU Box 298710,
Fort Worth, TX 76129, USA

Abstract

Recent societal concern regarding computer crime was well documented in the research literature. To date,
however, modest research addressed how large, local police and sheriff’s departments confront Internet fraud.
Using data collected from surveys distributed to the seven hundred largest police- and sheriff’s departments, the
present article addresses law enforcement: (1) preparedness to enforce Internet fraud crimes; (2) perceptions of
Internet fraud; (3) cooperative policing efforts; and (4) Internet fraud information dissemination practices. Among
other things, results suggested that individuals within these departments believed Internet fraud was problematic,
although they lacked the resources to properly address the problem. These results are discussed as they relate to
the organizational design of law enforcement agencies and their potential to adapt to innovative crimes.
Suggestions are offered for a more effective approach to confronting Internet fraud.
D 2004 Elsevier Ltd. All rights reserved.

Introduction Recognized as ‘‘contrepreneurial crime’’ under the


umbrella term ‘‘white-collar crime,’’ fraud existed
New technologies such as the Internet have not since the origin of recorded history (Friedrichs,
only radically changed the means by which one 1996), with legislation regarding fraud dating back
communicates, conducts business, and engages in to fourth century B.C. in ancient Greece (Drapkin,
recreation, but have also brought new avenues for 1989). Accordingly, increasing research attention was
criminal pursuits and new forms of victimization. directed toward fraud, and more generally white-
Consequently these changes produced serious con- collar crime. Despite the increasing frequency with
sequences for law enforcement agencies, which were which it occurred (e.g., Baker, 1999; Sherman, 2001)
charged with preventing and responding to such acts and the notable harms it caused (e.g., Farnsworth &
and which were currently already burdened with Kelleher, 2002a; Farnsworth & Knap, 2002; Sher-
addressing traditional forms of crime, and most man, 2001), Internet fraud remained largely absent
recently, terrorist activities. Media and government from the research literature.
reports suggested a notable increase in computer Many argued that law enforcement was in the
crimes, with significant losses attributed to Internet unenviable position of having to keep pace with
fraud. Evidence suggested that neglect of these ‘‘technocriminals’’ (e.g., Carter & Katz, 1996; Conser
crimes would only exacerbate the problem and lead & Russell, 2000; Dantzker, 2000; Gaines, Kappeler,
to further stresses on law enforcement. & Vaughn, 1997; Swanson, Territo, & Taylor, 1998)
who exploited the Internet to commit new and inno-
* Corresponding author. Tel.: +1-817-257-6155; fax: vative crimes (e.g., Albanese, 2000; Friedrichs, 1996;
+1-817-257-7737. Gaines et al., 1997; Meyer & Short, 1998; Swanson
E-mail address: r.burns@tcu.edu (R.G. Burns). et al., 1998). Goodman (2001, p. 10) summarized the

0047-2352/$ – see front matter D 2004 Elsevier Ltd. All rights reserved.
doi:10.1016/j.jcrimjus.2004.06.008
478 R.G. Burns et al. / Journal of Criminal Justice 32 (2004) 477–493

situation in noting that ‘‘Unfortunately, the absence of rooms, and e-mail, play a significant role in
a standard definition for computer crime, a lack of offering non-existent goods or services to con-
reliable criminal statistics on the problem, and sig- sumers, communicating false or fraudulent repre-
nificant underreporting of the threat pose vexing sentations about the schemes to consumers, or
challenges for police agencies.’’ These and related transmitting victims’ funds, access devices, or
issues dictate that additional research be conducted other items of value to the control of the scheme’s
on specific types of computer crime and attention be perpetrators.’’
given to the consequences these new forms of crime
have on law enforcement agencies. This article is a Existing research indicated a rise in Internet fraud
response to this dictate and offers insight regarding with a disorganized set of responses available for its
the extent to which law enforcement agencies are control and prevention. This rise was suggested, for
prepared to address Internet fraud. The article also instance, by the number of incidents reported by the
examines the possible impact of organizational de- Internet Fraud Complaint Center’s (IFCC) Six-Month
sign on Internet fraud enforcement. Data Trends Report (Federal Bureau of Investigation,
2001a). The IFCC is an online web site, provided by
the Federal Bureau of Investigation (FBI) and the
Internet fraud National White Collar Crime Center (NW3C), that
receives Internet fraud complaints. Research by Join-
As a relatively new form of crime, Internet fraud son and Dietz-Uhler (2002) also reported an increase
affects a substantial number of people on a daily basis. in identity deception on the Internet, and Walker and
The effects of Internet fraud are often discussed in Levine (2001) discussed the increase of Internet
terms of financial losses, thus, indirect effects of securities fraud. While harms caused by Internet
Internet fraud go unnoticed. For instance, the fear fraud were difficult to estimate, researchers suggested
and/or apprehension of many who refrain from en- losses could be billions of dollars; certainly in excess
gaging in online commerce as a result of fraudulent of $13 million per year (Farnsworth & Kelleher,
activities is undoubtedly an overlooked consequence 2002a).
of Internet fraud. The following addresses the nature
and extent of Internet fraud, the regulation of Internet Regulating Internet fraud
fraud, the available resources regarding Internet fraud,
and the impact of organizational design on efforts to Baker (2002, p. 3) noted that ‘‘There has been
confront Internet fraud, with the goal of establishing a little regulation of the Internet for any reason, let
foundation of scholarly work on such crimes. alone for the purpose of reducing the incidence of
criminal and fraudulent acts.’’ This situation led
Nature and extent of Internet fraud Drinkhall (1997) to suggest the use of the Internet
as a medium for fraud was beyond the control of
The National Institute of Justice (1989, p. xiv) regulators. Along these lines, a recent National Insti-
broadly defined computer-related crime as ‘‘Any tute of Justice (NIJ) report identified ‘‘. . . a near-term
illegal act for which knowledge of computer technol- window of opportunity for law enforcement to gain a
ogy is involved for its investigation, perpetration, or foothold in containing electronic crimes, which pres-
prosecution.’’ The National Institute of Justice (1989) ently outpace most agency investigative resources’’
classified computer crimes according to the role (Stambaugh et al., 2000, p. 1). The need to provide
played by computers in particular crimes: (1) a law enforcement personnel with technology-based
computer as the object of a crime, with the computer training in order to prevent and control Internet fraud,
being the target (e.g., the theft of computer processor and more generally computer crime, was also noted
time); (2) a computer as the subject of a crime, with by researchers and special organizations designed to
the computer as the physical location of the crime, or combat technology crime, and strategies and opinions
as a source of or cause for particular types of asset varied widely about how to prevent and control
loss (e.g., viruses); and, the area of focus for the Internet fraud. For example, the High Technology
present work; (3) a computer as the instrument of Crime Investigators Association recommended
crimes, used to commit more complex variations of attacking Internet fraud with a three-prong approach
traditional crimes (e.g., Internet fraud). The Federal that included building consumer awareness, helping
Bureau of Investigation (2003) provided a solid business protect against the crimes, and equipping
working definition of Internet fraud: law enforcement officers with the tools to fight these
crimes (Kopelev, 2000). Others suggested that estab-
‘‘. . .any fraudulent scheme in which one or more lishing regional investigative units might be the most
components of the Internet, such as web sites, chat cost-effective alternative to implementing in-house
R.G. Burns et al. / Journal of Criminal Justice 32 (2004) 477–493 479

high-tech crimes divisions (e.g., Partners Against League (NCL) supported the IFCC findings. The
Crime, 1999; Rosenblatt, 1990). Responding to the NCL noted that fraud involving online auctions
alleged seriousness of Internet fraud, Congress re- occurred far more frequently than other forms of
cently passed the Financial Services Antifraud Net- Internet fraud, and an average loss per complainant
work Act of 2001 which aimed to enhance the of $518 in 2001 (Internet Fraud Watch, 2002).
coordination of anti-fraud efforts and promoted the
sharing of information among state and federal finan- Organizational design and Internet fraud
cial regulators.
Some suggested that law enforcement’s overall Enforcement of Internet fraud is relatively new in
lack of preparedness to address Internet fraud was comparison to enforcement of traditional types of
attributed to a lack of funding (e.g., Beauprez, crime such as personal and property crimes. Many
2002; Farnsworth & Knap, 2002; Groover, 1996; law enforcement agencies employ personnel with
Rosenblatt, 1990), the lack of qualified individuals decades of street experience, but must rely on either
maintaining the expertise to address such crimes inexperienced current staff or young ‘‘techies’’ to
(e.g., Beauprez, 2002; Groover, 1996; Piler, 1997; combat Internet fraud. This scenario creates an orga-
Stambaugh et al., 2000), a lack of training (e.g., nizational challenge regarding how departments re-
Beauprez, 2002; Federal Bureau of Investigation, spond to Internet fraud. Law enforcement agencies
2001b; Groover, 1996; Meyer & Short, 1998; are characteristically bureaucratic in nature (e.g.,
Stambaugh et al., 2000), the difficulty in keeping Roberg, Kuykendall, & Novak, 2002; Swanson et
current with new technological advancements (e.g., al., 1998), which theoretically dictates the means of
Groover, 1996; Meyer & Short, 1998; Piler, 1997; response to this relatively new type of crime. Weber’s
Rosenblatt, 1990), the lack of necessary equipment (1947) bureaucratic model suggested the existence of
(e.g., Federal Bureau of Investigation, 2001b; a division of labor within organizations characterized
Groover, 1996; Meyer & Short, 1998; Stambaugh by specified areas of competence, official duties
et al., 2000), the rotation of officers into and out of bound by a system of rational rules, and employees
computer investigations (Rosenblatt, 1990), jurisdic- appointed on the basis of qualifications, which re-
tional issues (e.g., Beauprez, 2002; Farnsworth & quired specialized training. To adequately address the
Kelleher, 2002b; Farnsworth & Knap, 2002; Koss- new technological challenges associated with Internet
ler, 2002), inadequate laws (e.g., Farnsworth & fraud, law enforcement agencies are developing new
Knap, 2002; Meyer & Short, 1998), and depart- competencies and rules while training current and
ments discouraging individuals from becoming in- new staff. To achieve these developmental goals in a
volved with computer crime cases (Rosenblatt, timely manner, a tremendous amount of change must
1990). The limited police response to computer occur within the bureaucratic systems of law enforce-
crimes might unfortunately bring to fruition ment departments.
Tafoya’s (1986) prediction that local law enforce- The changes required of law enforcement agen-
ment agencies might soon be overwhelmed by this cies in response to Internet fraud will undoubtedly
sophisticated form of crime. pose vexing problems to organizations historically
known for their rigidity. In critiquing the bureaucratic
Internet fraud resources and information organizational model, Bennis (1966) posited that
bureaucracies were not designed to assimilate the
Agencies and organizations such as the NW3C, influx of new technology entering the organization,
the National Consumers League, the National Cyber- and the bureaucratic design didn’t take into account
crime Training Partnership, and the National Coali- emerging and unanticipated problems, adding that
tion for the Prevention of Economic Crime are communication and innovative ideas were often
examples of resources available for law enforcement thwarted or distorted due to hierarchical divisions.
agencies and the public to recognize the nature and Sparrow (1988) added that tall organizational struc-
extent of Internet fraud. For instance, complaints filed tures (which were typically found in larger agencies,
with the IFCC suggested that the total loss from all King, 2003) might impede organizational perfor-
referred cases of Internet fraud for the calendar year mance, for instance, slowing organizational reactions
2001 was $17.8 million, with a median loss of $435 to external stimuli. Bureaucracies were also cited as
per complainant. Internet auction fraud was by far the having ‘‘low adaptiveness’’ (Hage, 1965), indicating
most common complaint, with males reportedly most that barriers would likely materialize as law enforce-
likely to commit Internet fraud. It was found that ment agencies responded to Internet fraud. The in-
most complainants were males between the ages of ability to adapt to change could result in Internet
thirty and fifty (National White Collar Crime Center, fraud enforcement becoming (remaining?) a low
2002). Findings from the National Consumers priority for law enforcement. For instance, Roberg
480 R.G. Burns et al. / Journal of Criminal Justice 32 (2004) 477–493

et al. (2002, p. 413) stated, ‘‘For without a high an Internet home page. In contrast, 94 percent of
capacity to adapt, efforts to change will either fail, departments serving populations of one million or
have limited success and ultimately be abandoned, or more had Internet access and 18 percent maintained
be claimed as successful when in reality they are an Internet home page (Bureau of Justice Statistics,
not.’’ 2001).
The present article adds to the literature on Inter- Each agency was sent a survey directed to the
net fraud by providing information from law enforce- ‘‘Chief of Police or Director of the Agency.’’ Survey
ment agencies on their general level of preparedness instructions included information pertaining to the
to address such crimes. Of particular concern are nature and the importance of the research, instruc-
issues pertaining to training and resources, collabo- tions for completing the survey, and a working
ration and cooperation efforts, information dissemi- definition of Internet fraud (each survey included
nation practices, and the nature and extent of Internet the aforementioned FBI definition of Internet fraud
fraud in general. In using a unique data set and for guidance). The chief or director was asked to
addressing an issue that was largely absent from the personally complete the survey, or to forward it to the
research literature, the present study provided a step most qualified person. In cases where agencies had
in the direction toward comprehensively assessing special electronic/computer crime or Internet crime
and better preparing law enforcement to address divisions, it was anticipated that the survey would be
Internet fraud. Among other things, the present article routed to the appropriate person in these divisions.
provides a foundation upon which further research in Also, it was expected that some agencies would not
this area can build. have a special unit designed to address computer
crime, thus, it was decided that the chief or primary
director of the agency would be best suited to
Method of study complete the survey. Return postage was provided
in an attempt to increase the response rate (Babbie,
It was determined that a nationwide survey of the 1990; Dillman, 1978). Each survey contained ques-
largest law enforcement agencies (those most likely tions addressing issues pertaining to the perceptions,
to have computer crime investigative personnel) awareness, control, and prevention of Internet fraud,
would provide evidence of law enforcement’s pre- including a series of agency classification questions.
paredness to address Internet fraud. Data were Subjects were assured anonymity and informed that
collected through surveys distributed to the seven any information they provided would be presented
hundred U.S. police departments and sheriff’s agen- and discussed in aggregate form only. No individual
cies maintaining at least one hundred officers. The department or division would be identified in any
surveys included questions regarding the prepared- report, publication, or discussion.
ness of the agency and level of involvement in Surveys were printed and distributed toward the
preventing and investigating Internet fraud. The latter part of calendar year 2001. To increase the
target population included all departments, as of response rate, a brief follow-up postcard/reminder
1999, that employed more than one hundred officers was mailed to each department shortly following
(Bureau of Justice Statistics, 2000). Large agencies the initial mailing. Follow-up phone calls were then
were selected for this study primarily on the as- made to further enhance the response rate (Dillman,
sumption that their size would render them more 1978; Heberlein & Baumgartner, 1978; Mangione,
likely than smaller agencies to employ one or more 1995). Of the 700 surveys distributed to all large
persons with training and/or experience in handling police and sheriff’s departments, 217 were returned
Internet fraud cases. Moreover, previous studies resulting in a modest but acceptable response rate of
used this selection strategy in surveys of law en- 31 percent. The resulting dataset provided a wealth of
forcement responses to computer crime. For in- information for analysis and a starting place for
stance, Meyer and Short (1998) addressed only research in this area. A higher response rate was
those agencies employing one hundred or more desired but the modest level of response could be
officers as they believed these groups were most partially explained by the difficulty in collecting data
heavily involved with such offenses. Further, earlier from organizations rather than individuals. It was also
research suggested that smaller police departments important to note that because the surveys were sent
(those serving populations less than 2,500 citizens, to the population of all county and municipal law
which constituted 46.5 percent of all local police enforcement agencies maintaining one hundred or
agencies) were notably less likely than all other more officers, and not a select sample of the popu-
departments to have Internet access or a web page. lation, it was difficult to compare the response rate
Similarly, only 33 percent of smaller departments obtained in this study to those of studies employing
had Internet access, with only 4 percent maintaining sampling strategies.
R.G. Burns et al. / Journal of Criminal Justice 32 (2004) 477–493 481

The data sought were not accessible via any percentage of departments (46.7 percent) did not
systematic agency reporting and thus could not be have an electronic/computer crime division. Of those
collected via agency records. Thus, while the desired that had a division, most had one for one to three
unit of analysis was the agency, an individual within years (41.2 percent of all departments with an
the agency had to provide the desired information. electronic/computer crime division). The staffs of
Correspondingly, an individual within the agency was those maintaining a division typically included one
responsible for filling out the survey as a representa- to five personnel (93.3 percent). Most departments
tive for the agency. Thus, it was possible that the employed 100 – 249 officers (48.4 percent), and most
response rate was negatively affected by having served populations between 100,000 and 249,999
surveys routed through an agency director or a police (37.4 percent). Individuals who completed the survey
chief and requesting that individuals take the time to
complete and return the instrument for the department
(Heberlein & Baumgartner, 1978). Additionally, the Table 1
Classification of local/county agencies/departments
response rate was likely influenced by the salience of
the survey to the respondent (Goyder, 1982; Heber- ‘‘How long has your agency/department had an electronic/
lein & Baumgartner, 1978, 1981) and by the per- computer crime division?’’
ceived importance of the research sponsor (Heberlein % n
& Baumgartner, 1978). Heberlein and Baumgartner Less than one year 9.8 21
(1978) in their classic work on the factors affecting 1 – 3 years 22.0 47
response rates found that response rates were in- 3 – 5 years 14.5 31
creased when the content of the survey was of interest 5 or more years 7.0 15
to the respondent. They also found that importance of No electronic/computer crime division 46.7 100
the auspices of the questionnaire influenced response
rates with government-sponsored surveys obtaining ‘‘How many staff comprise the electronic/computer crime
division?’’
higher response rates than surveys sponsored by other
types of organizations, such as universities or market % n
firms (Heberlein & Baumgartner, 1978). While there 1–5 93.3 112
were many reasons why the response rate was not 6 – 12 5.8 7
higher, most of these could not have been prevented 13 – 25 0.8 1
in this study. Thus, despite the limitations of mail
survey methodology, this approach was deemed the ‘‘How many sworn personnel does your agency/department
best available for obtaining the necessary information have?’’
from key individuals within law enforcement agen- % n
cies. In general, the methodological difficulties with 100 – 249 48.4 105
obtaining the desired data underscored the need for 250 – 499 25.8 56
law enforcement to create a centralized database of 500 – 999 12.4 27
information on electronic/computer crime and law 1,000 or more 13.4 29
enforcement personnel specializing in computer
crimes. ‘‘What size population does your agency/department
serve?’’
% n
Findings 10,000 – 24,999 0.5 1
25,000 – 49,999 2.8 6
The findings were divided into six sections based 50,000 – 99,000 22.9 49
on the nature of the survey questions: (1) classifica- 100,000 – 249,999 37.4 80
tion, (2) perceptions/attitudes, (3) training/resources, 250,000 – 499,000 14.5 31
500,000 – 999,999 11.2 24
(4) collaboration/cooperation, (5) information dis-
1,000,000 or more 10.7 23
semination, and (6) extent of and response to Internet
fraud. ‘‘How long have you been employed with your agency/
department?’’
Classification
% n
Questions within the ‘‘classification’’ section 3 – 6 years 1.9 4
dealt with the size and structure of the agency and 6 – 10 years 11.6 25
division, and background of the individual com- 10 – 20 years 48.6 105
pleting the survey. As Table 1 indicates, a notable More than 20 years 38.0 82
482 R.G. Burns et al. / Journal of Criminal Justice 32 (2004) 477–493

appeared to be the more experienced officers. In Table 3


general, most served with their department for over Attitudinal responses to Internet fraud legislation
ten years (86.6 percent). % = respondents who ‘‘agree’’ or ‘‘agree strongly’’
Range = 1 (disagree strongly) to 5 (agree strongly)
Perceptions/attitudes N % Mode n

The following findings represented the respond- ‘‘Additional legislation 216 69.4 5 150
(more laws) is needed
ents’ perceptions/attitudes regarding various aspects
to deter Internet fraud.’’
of Internet fraud. Table 2 depicts results from a series ‘‘Additional legislation 217 74.7 5 162
of questions. Subjects were asked regarding whether (more laws) is needed to
they believed Internet fraud was a societal problem effectively punish Internet
and whether others, particularly those involved in fraud offenders.’’
criminal justice, recognized it as such (Table 2). ‘‘Additional legislation 217 77.0 5 167
Using a scale of 1 (disagree strongly) to 5 (agree (more laws) is needed to
strongly) in responding to a series of statements, the facilitate interstate law
majority of subjects noted that they believed Internet enforcement of Internet
fraud was a societal problem (76.5 percent agreed or fraud.’’
‘‘Additional legislation 214 72.9 5 156
strongly agreed), although they believed their
(more laws) is needed to
departments (40.7 percent) and law enforcement in facilitate international law
general (41.0 percent) did not recognize it as such a enforcement of Internet fraud.’’
serious problem. Respondents also indicated that ‘‘Additional legislation 217 64.5 5 140
prosecutors (20.6 percent) and judges (11.7 percent) (more laws) is needed to
did not necessarily recognize Internet fraud as a more clearly define what
societal problem, and were less likely than the constitutes Internet fraud.’’
general public (27.8 percent) to recognize it as ‘‘Additional legislation 216 70.0 5 151
problematic. Information on respondents’ attitudes (more laws) is needed to
toward the need for additional legislation is avail- more clearly define law
enforcement’s boundaries
able in Table 3.
regarding the investigation
Roughly 70 percent of respondents agreed or of Internet fraud.’’
strongly agreed that additional legislation was needed

Table 2 to deter Internet fraud. About three-quarters of the


Attitudinal responses to Internet fraud as a societal problem respondents reported the need for additional laws for
% = respondents who ‘‘agree’’ or ‘‘agree strongly’’ effectively punishing Internet fraud. Concerning
Range = 1 (disagree strongly) to 5 (agree strongly) issues of law enforcement, most felt increased legis-
N % Mode n lation was needed to facilitate interstate enforcement
(77 percent) and roughly 73 percent believed addi-
‘‘I believe Internet fraud 217 76.5 5 166
is a significant problem.’’
tional legislation was needed to facilitate international
‘‘My agency/department 216 40.7 3 88 enforcement. Respondents also supported the idea of
recognizes Internet fraud additional legislation to more clearly define law
as a significant societal enforcement boundaries (70 percent agreed or strong-
problem.’’ ly agreed), deter Internet fraud offenses (69.5 per-
‘‘Law enforcement 217 41.0 3 89 cent), and more clearly define Internet fraud (64.5
organizations recognize percent).
Internet fraud as a Again using the scale of 1 (disagree strongly) to 5
significant societal (agree strongly), respondents offered their views on
problem.’’
who they believed should be enforcing Internet fraud
‘‘Prosecutors recognize 214 20.6 3 44
Internet fraud as a
laws. A substantial portion of respondents believed
significant societal that Internet fraud should be enforced at the federal
problem.’’ level (93 percent agreed or strongly agreed), followed
‘‘Judges recognize Internet 214 11.7 2 25 by state law enforcement agencies (69.7 percent),
fraud as a significant local law enforcement agencies (52.1 percent), and
societal problem.’’ county law enforcement agencies (48.3 percent).
‘‘Society recognizes Internet 216 27.8 3 60 There appeared notable opposition to the suggestion
fraud as a significant that Internet fraud laws should be enforced by private
societal problem.’’ investigators (6.8 percent).
R.G. Burns et al. / Journal of Criminal Justice 32 (2004) 477–493 483

Subjects were asked not only who should be Table 5


enforcing Internet fraud laws, but who was enforc- Responses regarding the training practices and resources
ing such laws. Respondents generally believed that available to address Internet fraud
Internet fraud laws were being enforced by law % = respondents who ‘‘agree’’ or ‘‘agree strongly’’
enforcement agencies at the federal (38.3 percent Range = 1 (disagree strongly) to 5 (agree strongly)
agreed or strongly agreed), state (33.7 percent), N % Mode n
county (42.8 percent), and local (47.4 percent) ‘‘My agency/department has 216 15.3 2 33
levels. Respondents in general, however, did not the necessary resources to
believe that Internet fraud laws were being enforced adequately investigate
as strongly by law enforcement agencies outside of Internet fraud.’’
the United States (12.7 percent). Also, it was ‘‘My agency/department has 216 16.2 2 35
strongly believed that Internet fraud laws were not adequate equipment/tools to
being enforced by private investigators (2.6 percent). investigate Internet fraud.’’
Table 4 depicts findings regarding respondent beliefs ‘‘My agency/department is 216 6.5 2 14
adequately staffed to
of who is, and who should be enforcing Internet
investigate Internet fraud.’’
fraud laws. ‘‘Those responsible for 216 17.6 2 38
investigating Internet fraud
Table 4 are adequately trained.’’
Attitudinal responses to Internet fraud enforcement
% = respondents who ‘‘agree’’ or ‘‘agree strongly’’ Responses regarding Internet fraud training
Range = 1 (disagree strongly) to 5 (agree strongly) % = respondent’s use of resources in training (N = 217)

N % Mode n % n

‘‘Internet fraud laws should be 213 52.1 5 111 Workshops/seminars 65.9 143
enforced by local law Other law enforcement agencies 47.0 102
enforcement.’’ National Cybercrime 42.4 92
‘‘Internet fraud laws should be 211 48.3 5 102 Training Partnership
enforced by county law Training within the 23.5 51
enforcement.’’ agency/department
‘‘Internet fraud laws should be 211 69.7 5 147 Private investigators 3.2 7
enforced by state law (consultants)
enforcement.’’
‘‘Internet fraud laws should be 213 93.0 5 198 Responses regarding awareness of Internet fraud resources
enforced by federal law % = respondents reporting ‘‘aware’’ or ‘‘very aware’’
enforcement.’’ Range = 1 (not at all aware) to 5 (very aware)
‘‘Internet fraud laws should be 208 58.2 5 121 ‘‘Describe your agency/department awareness of the
enforced by law enforcement following:’’
agencies outside of the U.S.’’ N % Mode n
‘‘Internet fraud laws should be 206 6.8 1 14
Technical guidance on 214 33.2 3 71
enforced by private
investigative methods
investigators.’’
Labs equipped to support 214 29.0 2 62
‘‘Internet fraud laws are being 209 47.4 5 99
Internet fraud
enforced by local law
enforcement efforts
enforcement.’’
Relevant research 214 25.7 3 55
‘‘Internet fraud laws are being 208 42.8 3 89
regarding Internet fraud
enforced by county law
Expert Internet fraud 214 22.4 2 48
enforcement.’’
investigators
‘‘Internet fraud laws are being 208 33.7 3 70
Expert witnesses in the 213 16.9 1 36
enforced by state law
field of Internet fraud
enforcement.’’
Experienced prosecutors 214 15.4 1 33
‘‘Internet fraud laws are being 206 38.3 3 79
who specialize in
enforced by federal law
Internet fraud
enforcement.’’
‘‘Internet fraud laws are being 197 12.7 1 25
enforced by law enforcement Training/resources
agencies outside the U.S.’’
‘‘Internet fraud laws are being 194 2.6 1 5 As noted in Table 5, respondents answered ques-
enforced by private tions regarding the training practices and resources
investigators.’’ available to address Internet fraud. Specifically, the
484 R.G. Burns et al. / Journal of Criminal Justice 32 (2004) 477–493

survey included questions concerning department used the assistance of other groups with their inves-
resources, equipment/tools, and staff designated to tigations of Internet fraud. It appeared that depart-
investigate Internet fraud, as well as the training- ments most often used trained police investigators at
related preparedness of Internet fraud investigators. the local level (47.3 percent reported using often or
Respondents were also asked to identify the specific always using these resources) and interdepartmental
agencies used to assist with Internet fraud training, police investigators (39 percent) to aid in investiga-
and their department’s awareness of resources avail- tions of Internet fraud to a greater extent than they
able to assist with Internet fraud investigation and used investigators at the county (31.6 percent), state
enforcement. Finally, subjects were asked to identify (18.2 percent), and federal (24.4 percent) levels.
how often their department used various personnel in Respondents appeared to use trained civilian systems
efforts to assist with their investigations of Internet technicians (8.6 percent) on a notably limited basis.
fraud. Table 6 depicts these results.
Results shown in Table 5 indicated that respond-
ents generally believed that their departments did not Collaboration/cooperation
possess the resources, tools, and equipment necessary
to adequately investigate Internet fraud. They also did The following results pertained to survey ques-
not believe their departments were adequately staffed tions concerning the frequency with which depart-
to address such crimes. Using a scale of 1 (disagree ments collaborated and/or cooperated in Internet
strongly) to 5 (agree strongly) respondents showed fraud enforcement efforts. Respondents suggested
little support for the suggestion that their department that law enforcement agencies most often collaborat-
maintained the necessary equipment/tools (16.2 per- ed with other law enforcement groups within the
cent agreed or strongly agreed) or necessary resour- United States. When asked how often in the past
ces (15.3 percent) to adequately investigate Internet year their agency had at least weekly contact with a
fraud. Respondents also demonstrated little support to selection of Internet fraud-related resources, 19.1
suggestions that their departments were adequately percent reported having contact with local law en-
staffed to investigate Internet fraud (6.5 percent), and forcement agencies, 17.0 percent reported contact
that those responsible for investigating Internet fraud with county agencies, 6.6 percent reported contact
were adequately trained (17.6 percent). with state law enforcement agencies, and 6.6 percent
Subjects were asked about the resources their reported contact with federal law enforcement agen-
department used for Internet fraud training. Most cies. With the exception of the Internet Fraud Com-
respondents reported using workshops/seminars plaint Center (FBI/NWCCC), with whom 12.3
(65.9 percent) and other law enforcement agencies percent of respondents reportedly contact weekly,
(47.0 percent) as part of their training to fight Internet law enforcement agencies had limited contact with
fraud. They did not, however, appear to use training other support and enforcement groups. These find-
provided by private investigators/consultants (3.2 ings are depicted in Table 7.
percent). These findings are depicted in Table 5.
The survey also included a set of questions
concerning awareness of available training and Table 6
resources to address Internet fraud. Using a scale of Responses regarding use of Internet fraud investigative
1 (not at all aware) to 5 (very aware), respondents resources
reported their familiarity with various resources. % = respondents reporting ‘‘often’’ or ‘‘always’’ using
Respondents seemed moderately unaware of tools specified resource
that could be used against Internet fraud, for instance, Range = 1 (never) to 4 (always)
as roughly one-third reported being aware or very N % Mode n
aware of technical guidance on investigative meth-
ods. They seemed less aware of relevant research Interdepartmental police 210 39.0 2 82
investigators
regarding Internet fraud (25.7 percent), labs equipped
Trained police investigators 207 47.3 2 98
to support Internet fraud enforcement efforts (29 at the local level
percent), expert Internet fraud investigators (22.4 Trained police investigators 206 31.6 1 65
percent), and notably less aware of expert witnesses at the county level
in the field of Internet fraud, and experienced pros- Trained police investigators 209 18.2 2 38
ecutors who specialized in Internet fraud (16.9 and at the state level
15.4 percent, respectively). These findings are also Trained police investigators 209 24.4 2 51
depicted in Table 5. at the federal level
The final set of questions regarding Internet fraud Trained civilian system 209 8.6 1 18
training/resources addressed how often departments technicians
R.G. Burns et al. / Journal of Criminal Justice 32 (2004) 477–493 485

Table 7 enforcement agencies. Respondents reported the least


Responses regarding collaboration with agencies for inves- effectiveness in working with the SEC’s Office of
tigating Internet fraud Internet Enforcement (24.4 percent), the NCL’s In-
% = respondents reporting at least weekly contact ternet Fraud Watch (26.8 percent), law enforcement
Range = 1 (never) to 5 (at least weekly) agencies outside of the United States (29.1 percent),
‘‘Within the past year, how often has your agency/ and civilian (private) investigators (30.9 percent).
department been in contact with the following regarding
Table 7 depicts these results.
Internet fraud?’’
N % Mode n Information dissemination
Local law enforcement agencies 215 19.1 4 41
County law enforcement agencies 212 17.0 4 36 Subjects were asked a series of questions con-
State law enforcement agencies 213 6.6 3 14 cerning the Internet fraud information dissemination
Federal law enforcement agencies 214 8.9 3 19 practices of their departments. Survey questions in-
Law enforcement agencies outside 215 0.9 1 2 volved the avenues through which their departments
of the U.S. disseminated information, the groups to whom they
Internet Fraud Complaint Center 212 12.3 1 26 distributed information, and the frequency with
(FBI/NWCCC) which they disseminated information to various
Civilian (private) investigators 214 0.5 1 1
groups in society.
Office of Internet Enforcement 211 0.0 1 0
(SEC)
It seemed that information on Internet fraud, as
Internet Fraud Watch (National 211 0.0 1 0 disseminated by law enforcement agencies, was tar-
Consumers League) geted toward specific groups. For instance, as noted
National Coalition for Prevention 213 0.0 1 0 in Table 8, most respondents reported that their
of Economic Crime agency sent Internet fraud awareness information to
other law enforcement entities (36.2 percent reported
% = Respondents reporting ‘‘effectively’’ or ‘‘very sending such information at least quarterly per year),
effectively’’ the general public (34.6 percent), and private sector
Range = 1 (not at all effectively) to 4 (very effectively) businesses (25.7 percent). In contrast, judges (3.3
‘‘How effectively does your agency/department cooperate
percent) and elected and appointed officials (7 per-
with the following agencies for investigating Internet
fraud?’’
cent) were least likely to receive such information.
Subjects were also asked to identify the methods
N % Mode n through which their department disseminated infor-
Local law enforcement agencies 201 64.2 3 129
County law enforcement agencies 187 62.0 2 116
Table 8
State law enforcement agencies 191 54.5 2 104
Responses regarding frequency agency/department provides
Federal law enforcement agencies 196 55.1 3 108
Internet fraud awareness information
Law enforcement agencies outside 86 29.1 2 25
of the U.S. % = respondents providing information at least quarterly
Internet Fraud Complaint Center 134 45.5 2 61 Range = 1 (never) to 5 (at least weekly)
(FBI/NWCCC) N % Mode n
Civilian (private) investigators 55 30.9 2 17
Other law enforcement entities 213 36.2 1 77
Internet Fraud Watch 41 26.8 1 11
General public 211 34.6 2 73
(National Consumers League)
Private sector businesses 214 25.7 1 55
Office of Internet Enforcement 41 24.4 1 10
Prosecutors 215 20.5 1 44
(SEC)
Elected and appointed officials 214 7.0 1 15
Judges 214 3.3 1 7
Subjects were also asked about the effectiveness
of their cooperation with other groups involved in Methods agency/department use to disseminate information
addressing Internet fraud. Using a scale of 1 (not at to public regarding Internet fraud
all effectively) to 4 (very effectively), subjects reported % = respondent use of resource (N = 217)
the level of cooperation between their departments % n
and others. In general, respondents who had contact Local newspaper 47.9 104
with particular resources reported that their depart- Your agency/department web site 32.3 70
ments worked most effectively with local law en- Public awareness programs 30.9 67
forcement agencies (64.2 percent reported effective or Local radio news 24.4 53
very effective cooperation). They also appeared to Bulletin/newsletter 15.2 33
find it effective to work with county (62.0 percent), Public service announcements 14.3 31
state (54.5 percent), and federal (55.1 percent) law School programs 8.8 19
486 R.G. Burns et al. / Journal of Criminal Justice 32 (2004) 477–493

Table 9 the extent they did. Respondents generally believed


Responses regarding specific complaints regarding Internet that Internet fraud was being enforced somewhat
fraud equally at the local, county, and state levels. While
% = complaints received by respondents at least monthly respondents suggested that Internet fraud should be
Range = 1 (never) to 5 (at least weekly) addressed by federal law enforcement agencies, they
N % Mode n also felt strongly that it should not be addressed by
Identity theft 209 81.8 5 171 private investigators. Respondents generally did not
Credit/debit card fraud 214 79.0 5 169 perceive that Internet fraud was being addressed by a
General merchandise sales 211 65.9 4 139 particular agency. Finally, it was generally felt that
Online auctions 210 39.5 4 83 greater legislation was needed in several areas re-
Computer equipment/software 212 34.4 3 73 garding Internet fraud. This finding was not surpris-
Investment/finance offers 206 25.7 2 53 ing given a recent report which called for updated
Advance fee loans 206 11.7 1 24 laws that could ‘‘. . .keep pace with electronic
Travel/vacation offers 208 8.7 1 18 crime. . .’’ (Stambaugh et al., 2000, p. 4).
Work at home offers 207 7.7 1 16
Sharing information
mation to the public regarding Internet fraud.
Respondents reported most often disseminating In- Analyzing the perceptions of the respondents in
ternet fraud-related information through the local the present study took on significance when consid-
newspaper (47.9 percent), the department website ering that those responding were prominent among
(32.3 percent), and public awareness programs the primary combatants against Internet fraud. Their
(30.9 percent). Table 8 displays these findings. perceptions were likely to influence Internet fraud
investigative practices. For example, respondents
Perceptions of the extent of and response to Internet believed that Internet fraud occurred on a regular
fraud basis within their jurisdictions. Yet, they did not
believe that others, for instance judges and elected
While the present study was certainly not de- officials, perceived Internet fraud as being as prob-
signed to measure the extent of Internet fraud, it did lematic. Interestingly, respondents reported being
offer results regarding the perceived frequency and least likely to distribute Internet fraud information
nature of Internet fraud-related calls to law enforce- to judges and elected and appointed officials. These
ment. Respondents generally believed that a great findings suggested that respondents’ perceptions
deal of Internet fraud occurred in their jurisdictions, might influence information distribution practices of
as noted by the 54.1 percent who noted that it Internet fraud investigators. It is possible that in this
occurred at least weekly, and the 27.6 percent who case, Internet fraud investigators’ perceptions and
noted that it occurred at least monthly. There existed, actions worked as a type of self-fulfilling prophecy.
however, a notable difference in the types of Internet Respondents’ beliefs that judges and elected officials
fraud offenses that respondents suggested were most didn’t consider Internet fraud to be a significant a
often reported to their departments and those most social problem discouraged them from disseminating
frequently reported to the IFCC and the NCL. Auc- pertinent information regarding Internet fraud to
tion fraud complaints were most commonly reported judges and elected officials. Thus, this belief might
to the latter although respondents’ departments most in fact perpetuate the perceived lack of concern for
often received complaints regarding identity theft Internet fraud by judges and elected officials because
(81.8 percent reported receiving these complaints at Internet fraud investigators had fewer interactions
least monthly), credit/debit card fraud (79 percent), with these agents of the court, thus influencing their
and general merchandise sales (65.9 percent). Table 9 perception that there was a lack of concern. Accord-
depicts these results. ingly, some influential elected individuals might be
less likely to offer and/or support legislation address-
ing such crimes, or they might be less likely to
Discussion prosecute or be familiar with Internet fraud.
Perhaps greater dissemination of information to
Several notable findings emerged in relation to judges and other elected officials would result in
respondents’ perceptions of Internet fraud. Most greater awareness of the nature, extent, seriousness,
respondents recognized Internet fraud as a societal and potential harm of Internet fraud and render
problem. They did not believe, however, their depart- support for legislation addressing Internet fraud and
ments, law enforcement in general, judges, and pros- related crimes. This suggestion was supported by
ecutors recognized Internet fraud to be problematic to research conducted by Meyer and Short (1998,
R.G. Burns et al. / Journal of Criminal Justice 32 (2004) 477–493 487

p. 30) who found that computer crime investigators ces available at the federal level. Given the limited
often cited ‘‘inadequate laws’’ and the occasional number of federal law enforcement agents, however,
need ‘‘to educate court officials about the specialized and the current and increasing frequency of Internet
investigations they were conducting’’ as obstacles in fraud complaints, one could argue that federal agen-
the fight against computer crime. Also, Stambaugh et cies need to hire a significant number of new agents if
al. (2000, p. 1) suggested that ‘‘Greater awareness of they are to be the primary group fighting Internet
electronic crime should be promoted for all stake- fraud. Hiring additional agents at the federal level
holders, including prosecutors, judges, academia, would permit these agents to investigate the smaller-
industry, and the general public,’’ adding that ‘‘pros- scale offenses that they currently dismiss due to their
ecutors and judges need awareness training to stay relative insignificance. Other suggestions to fight
abreast of electronic crime’s impact and technology’’ Internet fraud included regional Internet fraud en-
(p. 4). Moreover, Schlegel (as cited in Farnsworth & forcement groups (e.g., Rosenblatt, 1990), and better
Knap, 2002) blamed a substantial lack of communi- preparing state, county, and/or local departments to
cation among all levels of law enforcement for the address such crimes.
limited response to Internet fraud. These calls for
education and communication, coupled with the pres- Resources
ent findings, suggested the need for greater and more
effective Internet fraud information dissemination Many respondents reported a lack of staff and
practices. overall resources in their attempts to address Internet
The lack of communication regarding Internet fraud. This finding was expected given the results of
fraud might have wide reaching consequences for earlier research which suggested that responses from
computer crime fighting efforts in general. Groover computer crime investigators ‘‘paint a bleak picture
(1996) emphasized the importance of communica- of inadequate training and resources slightly tem-
tion in arguing that it was easy to explain to city pered with a few success stories’’ (Meyer & Short,
leaders that additional funds were necessary to fight 1998, p. 28) and law enforcement’s historical limited
violent crime, simply due to the fear caused by such response to non-traditional crimes (e.g., Friedrichs,
acts. Explaining to the same individuals the need for 1996).
additional funding to fight computer crimes becomes Respondents seemed somewhat unaware of help-
much more difficult simply because budget pro- ful resources to fight Internet fraud. Less than half of
viders, who deal with a finite set of resources, all respondents reported being aware of technical
respond to the priorities set by the general public. guidance on Internet fraud investigative methods,
Additional funding becomes difficult to obtain with- relevant research regarding Internet fraud, labs
out information pertaining to the harms caused by equipped to support Internet fraud enforcement
electronic crimes. Groover (1996, p. 9) further efforts, expert Internet fraud investigators, expert
argued, ‘‘Departments immediately must begin to witnesses for Internet fraud cases, and experienced
articulate how behind they really are (in fighting prosecutors who specialized in Internet fraud. These
computer crime) and express the need for funds.’’ findings demonstrated the need for a central deposi-
Rosenblatt (1990) echoed this comment, arguing tory (a clearinghouse) of information available to all
that local police departments did not recognize law enforcement agencies. An ‘‘information com-
computer crime as a high priority, and thus, were mons’’ in which those involved with Internet fraud
hesitant to devote resources toward it. enforcement efforts could share, for example, techni-
cal information, the names of expert witnesses, ad-
Fighting Internet fraud vice from experienced prosecutors, or the location of
available labs would greatly assist law enforcement
Respondents in this study perceived that all levels efforts. Although progress is being made in this area
of law enforcement were fighting Internet fraud to a (e.g., efforts by the NW3C), much work remains.
somewhat equal degree, however, there was a strong Regardless of who organizes and operates the clear-
belief that Internet fraud should be fought at the inghouse, any agency/organization choosing to house
federal level. A report on Internet fraud provided by the central depository of Internet fraud information
the National Consumers League (2000) supported should give due consideration to the input of those
this suggestion. While subjects in the present research directly fighting Internet fraud. A vital resource such
were not asked why they supported federal enforce- as a central database of information on Internet fraud
ment of Internet fraud, their support could be would certainly be a time-intensive task that requires
explained by the differences between state and federal continuous updating, or it runs the risk of losing law
laws, the multi-state jurisdiction of federal law en- enforcement and societal trust, and its potential
forcement agencies, and the greater degree of resour- effectiveness.
488 R.G. Burns et al. / Journal of Criminal Justice 32 (2004) 477–493

Cooperation additional victim-related issues impacting reporting


and investigative practices (Farnsworth & Knap,
Many researchers and agencies recognized the 2002). In addition to the obvious need to obtain
need to address computer crime through cooperative information pertaining to the frequency of Internet
efforts among various law enforcement groups (e.g., fraud (e.g., Federal Bureau of Investigation, 2001a;
Groover, 1996; National Consumers League, 2000; Stambaugh et al., 2000), greater research is needed
Partners Against Crime, 1999; Rosenblatt, 1990). to examine various areas of Internet fraud victim
One of the less obvious, yet significant benefits to reporting practices and consequences.
increased cooperation among law enforcement agents
with regard to Internet fraud was the ability to address Organizations, innovation, and adaptation
jurisdictional issues. To facilitate cooperation, Groov-
er (1996) proposed that computer crime could be Overall resistance to change exists within most
addressed through having various groups specialize organizations. Law enforcement agencies face many
in particular areas with the intent to prevent officers obstacles in responding to the rapid changes associ-
from becoming overwhelmed through having to mas- ated with addressing Internet fraud. These obstacles
ter such a wide array of crimes. Others promoted have recognizable implications for law enforcement
specialization (National Consumers League, 2000) personnel. Kerr and Kerr (1972) stated that adapting
and task forces (Federal Bureau of Investigation, to a new environment or learning a new method or
2001c; Rosenblatt, 1990) to address Internet fraud. technique often resulted in feelings of stress or the
Former Attorney General Janet Reno called for more fear of the unknown, which could have notable
effective law enforcement organization and a pooling implications for law enforcement. For example, the
of resources on a national and regional basis to confusion over new roles and the fear of the unknown
address cyber crime (Partners Against Crime, 1999). were experienced by some New York City police
Results from the present study suggested the exis- officers during the transition toward a community
tence of cooperation and collaboration among law policing philosophy over a decade ago (Pisani, 1992;
enforcement agencies, although the extent, nature, see also Lewis, Rosenberg, & Sigler, 1999). Police
and frequency of those efforts remained unclear. reluctance to change was evidenced in research
Evidence of law enforcement cooperation was sup- suggesting that some large police agencies failed to
ported by accounts of recent collaborative efforts restructure their organizational design, and others
among various levels of law enforcement to address changed in the opposite direction of the restructuring
Internet fraud (e.g., Aksamit & Alexander, 2001; suggestions offered by community policing reformers
Lewis, 2002; Lichtblau & Perry, 2001). Further (Maguire, Shin, Zhao, & Hassell, 2003). Law en-
research, however, should be directed toward quali- forcement agencies might be reluctant to restructure
tatively examining cooperative and collaborative In- their organization to confront electronic crimes, and
ternet fraud law enforcement efforts. might also encounter experienced personnel who
would plausibly resist being reassigned to the Internet
Internet fraud reporting fraud division due to the new roles and extensive
training necessary to perform the duty.
Interestingly, respondents noted that identity Organizational change among police agencies
theft, credit/debit card fraud, and general merchan- could lead to the ‘‘fear of the unknown,’’ especially
dise sales were the most frequently reported forms among personnel unfamiliar with the Internet and
of Internet fraud. This finding differed from IFCC associated technologies. Roberg et al. (2002) stated,
and NCL findings that complaints regarding auction ‘‘There is little doubt that most officers would rather
fraud far outnumbered complaints regarding all do what they believe they were hired for and what
other forms of fraud. Such discrepancy might occur they perceive to be the ‘real’ police role: crime
as a result of victim awareness (perhaps those fighting.’’ A similar scenario was evident in commu-
participating in auctions were most likely aware of nity policing with personnel expressing reluctance to
the IFCC and NCL), or it was possible that victims assignments as ‘‘social workers.’’ One might surmise
perceived law enforcement as incapable of address- that fighting Internet fraud was not perceived by
ing auction fraud. Such reporting differences could many law enforcement personnel as ‘‘real crime
also be explained by perceived seriousness of the fighting.’’
offenses (e.g., victims sought the most punitive/ Based on the current findings, and organizational
serious enforcement actions for what they perceived theory and its critique, it could be argued that law
as more serious offenses). Self-blame among victims enforcement perceptions, attitudes, and responses to
of Internet fraud, and law enforcement authorities Internet fraud were impacted by organizational struc-
blaming victims for their greed and naiveté were tures. For instance, personnel training and the avail-
R.G. Burns et al. / Journal of Criminal Justice 32 (2004) 477–493 489

ability of adequate resources might be impacted by tion of all involved in enforcing computer crime
the noted inflexibility of bureaucratic organizations. laws. Caution is urged, however, in assuming that
The lack of training might be a result of resistance to public law enforcement at any level is best suited to
change from historical crime fighting approaches, address Internet fraud. Specifically, results from the
whereby departments were uninterested in Internet present study were based on input from law en-
fraud training opportunities. Further, the lack of forcement agents; it was quite possible that the
resources could stem from police departments failing results would differ if the same survey was admin-
to adapt to change; choosing instead to do what was istered to personnel in private sector corporations,
customary. Innovation, or the adoption of an idea or or civilians who were directly harmed by Internet
behavior that is new to the organization (Hage, 1999), fraud.
is essential in policing, particularly considering mod- Second, efforts should be made to determine
ern day reliance on technology. Unfortunately, hier- which law enforcement approach is best suited to
archically structured organizations such as police fight Internet fraud. Consideration should be given to
departments are strongly associated with inertia and the creation of regional branches or specialized task
rigidly following customary protocols (Roberg et al., forces to help address the current, apparently frag-
2002, p. 380). mented approach to fighting Internet fraud. Meyer
In light of King’s (2003, pp. 214 – 215) suggestion and Short (1998) were among those who noted that
that ‘‘There is no evidence. . . that taller police some agencies were developing specialized task
agencies are less innovative’’ than smaller agencies, forces that successfully dealt with computer crime.
further research should address organizational inno- Publicly funded regional task forces staffed by expe-
vation within law enforcement agencies, with a rienced personnel from all levels of law enforcement
particular focus on the rates of innovation resulting are a viable option that should be considered.
from shifts in policy and procedures, and the intro- In general, it appeared that greater law enforce-
duction of new forms of crime (see, e.g., Hage, 1999, ment organization was required to address Internet
for a discussion of organizational innovation and fraud. Although the present study was not necessarily
organizational change). Addressing Internet fraud designed to suggest which organizational approach
requires departments to adopt additional roles, new would most effectively address Internet fraud, it
ideas, rules, competencies, procedures, and strategies could be argued that changes in law enforcement’s
while integrating current and new personnel. Under- overall organizational approach should be considered.
standably, rates of innovation will depend on a host Instead of requiring each department to hire, support,
of variables, with organizational characteristics being and update experts in computer crime, many sug-
central among them. gested a pooling of resources, including personnel.
Perhaps a separate branch of law enforcement could
be designated to focus primarily on computer crimes.
Directions for the future Fighting street crime and computer crime requires
different skills and resources. To require the same
Based on the present results and the existing group of individuals to fight both types of crime has
computer crime/Internet fraud literature, the follow- resulted in, among other problems, neglect of com-
ing general suggestions are offered to further ad- puter crime.
dress Internet fraud law enforcement. First, further Third, efforts should be made to develop an
research should attempt to determine why it is accessible database of Internet fraud law enforcement
perceived that federal law enforcement agencies officials/experts. Given the inherent difficulties in
should lead the fight against Internet fraud. Deter- obtaining a large response rate when conducting a
mining why respondents believe federal law en- mail survey, the response rate in the current study was
forcement agencies should take the lead with also impacted by some surveys being routed through
regard to Internet fraud should help determine at least one intermediary. Increased cooperation
whether greater investigative powers are needed among law enforcement officials and the facilitation
by non-federal law enforcement groups, or if addi- of research studies are among the presumed benefits
tional staffing and resources should be allocated to of providing a database of Internet fraud law enforce-
federal law enforcement groups. Given the limited ment officials/experts.
staff sizes at the federal level, it is presumed that Fourth, law enforcement officials should give
federal agents benefit from having wider jurisdic- strong consideration to disseminating Internet fraud
tion than law enforcement officials at other levels. information to policymakers/judges, and others
If jurisdictional issues are what make federal agents maintaining influences on criminal justice practices.
seem best positioned to fight Internet crime, con- They should also continue to distribute such mate-
sideration should be given to widening the jurisdic- rial to the general public. Parsons (1960) suggested
490 R.G. Burns et al. / Journal of Criminal Justice 32 (2004) 477–493

that organizations differed from other groupings or employees who maintain both technical expertise
units in that they were more likely structured and and investigative training. Groover suggested inte-
restructured to meet particular goals. In common- grating computers into basic, and in-service training
weal organizations such as policing, these goals are for all officers and expecting police departments to
often determined by external (e.g., the public) and pay for all computer training. In addition to support-
internal (e.g., employees) pressures, thus highlight- ing Groover’s suggestion, it was suggested that law
ing the need for targeted distribution of the extent enforcement agencies target individuals maintaining
and nature of Internet fraud. strong computer skills. Beauprez (2002) suggested
The call for increased dissemination of informa- that due to the financial attraction of applying
tion was not the first of its type, as many others noted advanced computer skills in the private sector, many
the importance of education. For instance, the NCL police departments must breed their own computer
recommended to the U.S. Department of Justice that crime detectives, adding that ‘‘Some street officers
the federal government establish a permanent grant turn into cybercops simply because they have a
fund to support public education about Internet fraud, home computer. Most departments still drag their
and further suggested that the federal government feet to create such positions’’ (2002, p. A14). The
work with all relevant groups by forming partnerships present results suggested that many of those fighting
and providing in-kind services, expertise and other Internet fraud had been with their departments for
outlets for joint public education efforts (National over ten years, and while their investigative experi-
Consumers League, 2000). Additionally, a panel of ence undoubtedly added to enforcement efforts, it
police experts for the National Institute of Justice was suggested that departments also seek computer
recently noted that distributing information to people experts who could share expertise with experienced
and groups was an attribute of a healthy police investigators. Ideally departments would prefer per-
department (Travis & Brann, 1997). In light of these sonnel with advanced skills in both investigation
arguments, it was suggested that increased education and computers, however, such individuals are diffi-
would help everyone recognize the significance of cult to locate. Departments should seek computer
Internet fraud, which in turn might generate addition- experts who desire to learn investigative skills, and
al resources. investigators who are motivated to learn computer
Fifth, law enforcement departments, through sup- skills, and further research should examine the
port from local, state, and federal governments, effectiveness of each approach.
should provide additional resources, including staff, Seventh, serious consideration should be devoted
to those involved with Internet fraud enforcement toward the development of an information com-
efforts. The lack of resources, including staff, train- mons, with an underlying goal to build and foster
ing, and funding, provided to those fighting Internet stronger relationships with law enforcement groups.
fraud, and more generally computer crimes, was well A National Consumers League (2000) recommen-
documented in the literature. Society’s preoccupation dation to the U.S. Department of Justice suggested
with traditional, street crime dictates that non-tradi- that the federal government make a substantial
tional crimes such as Internet fraud are neglected. At commitment of financial support to nonprofit organ-
some point in time society will be unable to continue izations involved in the collection and disse-
discrediting harms committed via computers. It is mination of Internet fraud information to law
strongly recommended that law enforcement at all enforcement. The clearinghouse of Internet fraud
levels be provided the necessary resources to keep information, for example, could be a place where
pace with technocriminals. This concern was earlier law enforcement officials share crime fighting tips,
voiced by the NCL (National Consumers League, problems they currently face regarding Internet
2000) in its recommendation that the federal govern- fraud, and overall technical guidance. The general
ment establish permanent funding to train all levels public could use it to locate prevention tips or
of investigators and prosecutors and to assist in reporting procedures. Prosecutors and judges could
computer crime-related law enforcement actions, use it to locate recent legislative developments. This
especially on a global basis. It is suggested that was by no means the first call for such a resource,
efforts by the federal government to fund Internet as Stambaugh et al. (2000, p. 5), for instance,
fraud enforcement should be mirrored by all levels of suggested, ‘‘many investigators and prosecutors
government. are calling for a clearinghouse of online information
Sixth, law enforcement agencies need to attract and technical guidance on methods, investigative
for employment those most capable of fighting technologies, and research.’’
Internet fraud. Groover (1996) and Beauprez Eighth, it is suggested that further research focus
(2002) were among those who noted the difficulty on Internet fraud victim reporting practices. One of
law enforcement administrators face in hiring the more compelling findings of the present study
R.G. Burns et al. / Journal of Criminal Justice 32 (2004) 477–493 491

concerned respondent reports that auction fraud, prepared to address these crimes. It is hoped that
despite being the most common form of Internet additional research and development in this area will
fraud reported to the IFCC and the NCL, was prevent future victimizations and enhance law enfor-
reported to law enforcement groups on a notably cement’s capability to address these crimes.
less frequent basis than identity theft, credit/debit
card fraud, and fraud involving general merchandise
sales. Acknowledgements
Ninth, greater attention should focus on how
organizational design relates to law enforcement
This research was supported by the National
responses to innovative crimes. The traditional bu-
White Collar Crime Center and a grant from the U.S.
reaucratic design of police agencies can hamper
Department of Justice, Office of Justice Programs,
efforts to confront emerging types of crime, al-
Bureau of Justice Assistance (Grant #99-WC-CX-
though despite its limitations, the bureaucratic model
0002). Opinions are those of the authors and do not
remains prominent in today’s law enforcement agen-
necessarily represent the position of AARP or PPI.
cies. Swanson et al. (1998, p. 144) suggested that
The authors wish to thank Wes Longhofer for his
the limitations of a bureaucratic organizational de-
assistance.
sign did not indicate that ‘‘police administrators
should ignore or fail to try to reduce dysfunctional
aspects of bureaucracy, but rather that reform efforts
References
will generally take the form of improvements in
how the bureaucratic model operates and is experi-
Aksamit, N., & Alexander, D. (2001, January 5). Computer
enced’’ by employees and clients. Future research crackdown: New task force to take a byte out of cyber-
should include organizational structure as a variable crime. Omaha World-Herald, 1.
to be considered in any assessment of enforcement Albanese, J. S. (2000). Criminal justice: 2000 update. Need-
analyses, particularly those that involve innovation ham Heights, MA: Allyn and Bacon.
and require adaptation. Babbie, E. (1990). Survey research methods. Belmont, CA:
Finally, researchers should focus greater efforts Wadsworth.
toward documenting the nature and extent of Internet Baker, C. R. (1999). An analysis of fraud on the Internet.
fraud. In response to FBI Deputy Assistant Director Internet Research: Electronic Networking Applications
and Policy, 9, 348 – 359.
Kubic’s suggestion that ‘‘No one knows the full
Baker, C. R. (2002). Crime, fraud and deceit on the Internet:
extent of the fraud being committed on the Internet’’
Is there hyperreality in cyberspace? Critical Perspectives
(Federal Bureau of Investigation, 2001a, p. 3), and on Accounting, 13, 1 – 15.
Farnsworth and Kelleher’s (2002a) suggestion that no Beauprez, J. (2002, February 24). Cybercrime taxes police
single agency tracks all Internet fraud and available departments: Most lack money, training to pursue Web
numbers vary widely among those that track partic- criminals. Denver Post, A14.
ular forms of Internet fraud, researchers should de- Bennis, W. (1966). Organizational developments and the
vote due consideration to further identifying the fate of bureaucracy. Industrial Management Review, 7,
extent of Internet fraud. Such research should be 41 – 55.
supported by both the private and public sectors. Bureau of Justice Statistics. (2000). Law enforcement man-
agement and administrative statistics, 1999: Data for
Continued funding of work in this area is vital toward
individual state and local agencies with 100 or more
further understanding of the nature and extent of
officers (NCJ 184481). Washington, DC: U.S. Depart-
Internet fraud. ment of Justice.
In sum, much work remains and many chal- Bureau of Justice Statistics. (2001). Law enforcement man-
lenges must be met in order to better understand, agement and administrative statistics: Local police
investigate, and prevent Internet fraud. Swanson et departments 1999 (NCJ 186478). Washington, DC:
al. (1998, p. 637) noted that future behavior is U.S. Department of Justice.
generally ‘‘predicted by past behavior; that is, cir- Carter, D. L., & Katz, A. J. (1996, December). Computer
cumstances being equal, people will go on doing crime: An emerging challenge for law enforcement. FBI
what they have always done.’’ The emergence of Law Enforcement Bulletin, 1 – 8.
Conser, J. A., & Russell, G. D. (2000). Law enforcement in
electronic crimes, however, dictates that law en-
the United States. Gaithersburg, MD: Aspen.
forcement agencies can no longer ‘‘continue doing
Dantzker, M. L. (2000). Understanding today’s police
what they have always done.’’ The present article (2nd ed.). Upper Saddle River, NJ: Prentice Hall.
provides a step in the direction of assessing the Dillman, D. A. (1978). Mail and telephone surveys: The
nature of Internet fraud through exploring the per- total design method. New York: Wiley.
ceptions of Internet fraud investigators and the Drapkin, I. (1989). Crime and punishment in the ancient
extent to which law enforcement is trained and world. Lexington, MA: Lexington.
492 R.G. Burns et al. / Journal of Criminal Justice 32 (2004) 477–493

Drinkhall, J. (1997). Internet fraud. Journal of Financial King, W. (2003). Bending granite revisited: The command
Crime, 4, 242. rank structure of American police organizations. Polic-
Farnsworth, C., & Kelleher, J. (2002a, January 15). The Web ing: An International Journal of Police Strategies and
of deception. The Orange County Register, 1. Management, 26, 208 – 230.
Farnsworth, C., & Kelleher, J. (2002b, January 17). Kopelev, S. D. (2000). Behind the 8 ball. Law Enforcement
Sheriff rejects Internet probe. The Orange County Technology, 27, 56 – 60.
Register, 1. Kossler, M. (2002, May 20). Fraud a problem as online
Farnsworth, C., & Knap, C. (2002, May 26). Net fraud is commerce grows. The Columbus Dispatch, 4E.
tangled Web for victims and police. The Orange County Lewis, P. (2002, April 3). Crackdown launched on Web-
Register, 1. based scams. The Seattle Times, B1.
Federal Bureau of Investigation. (2001a, May 23). The FBI Lewis, S., Rosenberg, H., & Sigler, R. (1999). Accep-
and the NW3C’s first report revealing the latest Internet tance of community policing among police officers
fraud trends and statistics. Retrieved from www.fbi.gov/ and police administrators. Policing: An International
pressrel/pressrel01/ifcc030601.htm. Journal of Police Strategies and Management, 22,
Federal Bureau of Investigation. (2001b, May 23). Con- 567 – 588.
gressional statement: Internet fraud crime problems. Lichtblau, E., & Perry, T. (2001, May 24). Crackdown on
Retrieved from www.fbi.gov/congress/congress01/ Internet fraud results in charges against 90. Houston
kubic052301.htm. Chronicle, 8.
Federal Bureau of Investigation. (2001c, June 12). Congres- Maguire, E., Shin, Y., Zhao, J., & Hassell, K. (2003). Struc-
sional statement: The FBI’s perspective on the cyber tural change in large police agencies during the 1990s.
crime problem. Retrieved from www.fbi.gov/congress/ Policing: An International Journal of Police Strategies
congress01/kubic061201.htm. and Management, 26, 251 – 275.
Federal Bureau of Investigation. (2003). About Internet Mangione, T. W. (1995). Mail surveys: Improving the
Fraud Complaint Center. Retrieved from www.fbi. quality. Thousand Oaks, CA: Sage.
gov/hq/cid/fc/ifcc/about/about_ifcc.htm. Meyer, J. F., & Short, C. (1998). Investigating computer
Friedrichs, D. O. (1996). Trusted criminals. Belmont, CA: crime: Concerns voiced by local law enforcement agen-
Wadsworth Publishing. cies. Police Chief, 64, 26 – 43.
Gaines, L. K., Kappeler, V. E., & Vaughn, J. B. (1997). National Consumers League. (2000, January 10). Report
Policing in America (2 nd ed.). Cincinnati, OH: from the National Consumers League to the U.S. De-
Anderson. partment of Justice concerning telemarketing and Inter-
Goodman, M. (2001, August). Making computer crime net fraud. Retrieved from www.fraud.org/telemarketing/
count. FBI Law Enforcement Bulletin, 10 – 17. fraudrep.htm.
Goyder, J. C. (1982). Further evidence on factors affecting National Institute of Justice. (1989). Computer crime: Crim-
response rates to mailed questionnaires. American Socio- inal justice resource manual. Washington, DC: U.S. De-
logical Review, 47, 550 – 553. partment of Justice.
Groover, R. S. (1996). Overcoming obstacles: Preparing for National White Collar Crime Center. (2002). IFCC 2001
computer-related crime. FBI Law Enforcement Bulletin, Internet fraud report. Morgantown, WV: Author.
65, 8 – 10. Parsons, T. (1960). Structure and process in modern socie-
Hage, J. T. (1965). An axiomatic theory of organizations. ties. Glencoe, IL: Free Press.
Administrative Science Quarterly, 10, 289 – 320. Partners Against Crime. (1999, December). Law Enforce-
Hage, J. T. (1999). Organizational innovation and organi- ment Technology ( pp. 62 – 66).
zational change. Annual Review of Sociology, 25, Piler, C. (1997, May). Net regulation: How much is enough?
597 – 622. PC World, 60.
Heberlein, T. A., & Baumgartner, R. (1978). Factors affect- Pisani, A. (1992, May 31). Dissecting community policing:
ing response rates to mailed questionnaires: A quantita- Part 2. Law Enforcement News, pp. 8, 10.
tive analysis of the published literature. American Roberg, R., Kuykendall, J., & Novak, K. (2002). Police
Sociological Review, 43, 447 – 462. management. Los Angeles: Roxbury.
Heberlein, T. A., & Baumgartner, R. (1981). The effective- Rosenblatt, K. (1990). Deterring computer crime. Technology
ness of the Heberlein-Baumgartner models for predict- Review, 93, 34 – 40.
ing response rates to mailed questionnaires: European Sherman, W. (2001, August 1). Internet’s cons are pros:
and U.S. examples. American Sociological Review, 46, Unwary lose $3B a year. New York Daily News, 4.
363 – 367. Sparrow, M. (1988). Implementing community policing.
Internet Fraud Watch. (2002). 2001 Internet fraud statistics. Perspectives in policing (No. 9). Washington, DC:
Retrieved from www.fraud.org/internet/2001stats.htm. U.S. Department of Justice.
Joinson, A. N., & Dietz-Uhler, B. (2002). Explanations for Stambaugh, H., Beaupre, D., Icove, D., Baker, R., Cassa-
the perpetration of and reactions to deception in a vir- day, W., & Williams, W. (2000, August). State and
tual community. Social Science Computer Review, 20, local law enforcement needs to combat electronic
275 – 290. crime. National Institute of Justice Research in Brief
Kerr, S., & Kerr, E. (1972). Why your employees resist (NCJ 183451). Washington, DC: U.S. Department of
perfectly ‘rational changes.’ Hospital Financial Man- Justice.
agement, 26, 4 – 6. Swanson, C. R., Territo, L., & Taylor, R. (1998). Police
R.G. Burns et al. / Journal of Criminal Justice 32 (2004) 477–493 493

administration: Structures, processes, and behavior. Up- trends in criminal and civil enforcement of Internet
per Saddle River, NJ: Prentice Hall. securities fraud. American Criminal Law Review, 38,
Tafoya, W.L. (1986). A Delphi forecast of the future of law 405 – 430.
enforcement. Unpublished doctoral dissertation. Univer- Weber, M. (1947). The theory of social and economic orga-
sity of Maryland, College Park, Maryland. nization. New York: Free Press.
Travis, J., & Brann, J. (1997). Measuring what matters, part
two: Developing measures of what the police do. Wash- Statute cited
ington, DC: National Institute of Justice.
Walker, R., & Levine, D. (2001). You’ve got jail: Current Financial Services Antifraud Network Act (2001).

Potrebbero piacerti anche