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

NCIS: Overview Charter – Composition: ~ 90% Civilian Criminal Investigations/Operations Counterintelligence Investigations/Operations Counterterrorism Investigations/Operations Antiterrorism/Force Protection Cyber Investigations/Operations Personnel and Info Security DON Policy DON Clearance Adjudication Composition: ~ 90% Civilian ~ 98% of agents are civilian NCIS civilian agents have statutory arrest authority Civilian Director (SES/GS-1811) reports to SECNAV NCIS agents prepare to board ship recovered from Somali pirates to process crime scene NCIS is different from our counterparts in the other military departments. Some of the things that make us different: Our charter includes a range of mission areas that the other military departments use multiple commands to perform. In the Army, for instance, LE is performed by Criminal Investigation Command (CID), while CI is conducted by Army Military Intelligence. Air Force Office of Special Investigations (OSI) has a mission that more closely resembles ours, performing the LE, CI, CT, and cyber missions, but the AT/FP, Personnel, and Information Security functions that NCIS performs are conducted by another Air Force command. NCIS also runs the DON’s Central Adjudication Facility (DONCAF). We are overwhelmingly civilian…approximately 90% civilian in total. Our agent cadre is some 98% civilian (only c. 25 Marine SAs). Our Director is a career criminal investigator (GS-1811 series) who reports to the Secretary of the Navy. In the other MILDEPs, the head of these agencies are general officers who report to other general officers. UNCLASSIFIED

NCIS and Piracy Early Involvement-Logical LE Agency? Maritime Focus Worldwide Presence Connection to U.S. Navy and Assets Investigative Skill Set Early cases and operations Applying Our Standard of Investigation Asking one Question From the Start: What Do We Do When We Catch Them? UNCLASSIFIED

Case Studies Attack on the USS NICHOLAS March 2010 5 Pirates Captured, taken to the U.S. November 2010 Convicted First Piracy Jury Trial Since 1820 March 2011, all sentenced to life plus 80 years UNCLASSIFIED

Case Studies cont. Attack on the MAERSK ALABAMA Attacked in April 2009 Crew captures one pirate regains control Captain Philips is taken off ship with three pirates in life boat USS BAINBRIDGE Captain authorizes tactical actions by Navy SEALS Three pirates killed, one Captured- Muse Pleads Guilty, sentenced to 34 years (February 2011) UNCLASSIFIED

Yacht QUEST Taken February 19, 2011 Shadowed by U.S. Warship Fired RPG at ship, SEALS respond 13 Somalis, 1 Yemeni heading to the U.S. UNCLASSIFIED

Case Studies cont. M/V Amira 13 MAY 2009 Egyptian Flagged Vessel Philippine Crew/Greek Captain Security Detachment RPG Fired at Amira UNCLASSIFIED

MV Amira UNCLASSIFIED

Evidence Weapons Excess Fuel UNCLASSIFIED

More Evidence Cell Phones Hooks and Ladders UNCLASSIFIED

Case Studies cont. 17 Suspected Pirates (SP’s) 4 SP’s claimed to be victims Kenyan law does not allow for confessions to be admissible unless made to a magistrate Defense-just fishermen Prosecutors- would not allow testimony regarding “Victims” statement which implicated the others. A Kenyan court on Friday, November 5, 2010 freed 17 Somali men detained by the U.S. Navy at sea and accused of piracy, saying the Navy didn't provide the necessary evidence to convict the suspects. UNCLASSIFIED

NCIS Participation in Counter-Piracy Initiatives CTF-151 Investigating Agency LE Liaison Coordinate with NAVCENT and local embassy Worldwide availability (Singapore, Bahrain, Djibouti, Hawaii) Training Information Fusion Centre (IFC) Liaison Information Sharing Engagement and Training UNCLASSIFIED

NCIS & Counter-Piracy in the Region IFC Tracking Piracy Trends, Vulnerabilities, Use of Motherships Research Journals Information/Intel Sharing and Cooperation with Enforcement Agencies Engagement with Private Shipping UNCLASSIFIED

Regional Activities cont. Debriefing Initiative Highjacked Crews Captured Pirates UNCLASSIFIED

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The Role of Law Enforcement Once Pirates are Captured Unique Type of Investigation Evidence Collection at Sea Hostage situations Jurisdiction Information Collection and Sharing Intelligence Reports Collaboration with Interpol/Host Nation LE Biometrics SEEK Device-Secure Electronic Enrollment Kit Used in Recent QUEST Case-Hits Cyber support (Field / HQ) Assist in exploiting electronic information Cell / sat phone data, GPS, thumb drives, etc. UNCLASSIFIED

LE Roles cont. Interviews Cultural Considerations Somali Mindset Religious Differences Negotiations Hostage Situations Cultural Themes Complexities of Jurisdiction and LE Authority Rules of Evidence Elements of the Crime Court Testimony UNCLASSIFIED

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The Way Ahead: Looking Beyond the Military Response What Does it Mean to “Counter” Piracy? Interdiction Increased Assets Wider National Authorities Rules of Engagement Prosecutorial Process Venue?(Malaysia/Malivies/U.S./Kenya/Philipines) Piracy Prosecution Center Legal Authority, Change of Laws UNCLASSIFIED

The Way Ahead cont. Investigative Process Standards of Investigation Piracy Investigations Manual-Interpol and NCIS Multi-National Collaboration Sharing Information UN Resolutions and Collaboration with Law Enforcement Interpol said it would spend $2.17million to help African nations fight piracy. The first phase of the E.U-funded program would include Interpol providing Seychelles with a digital fingerprint identification system to make it easier to identify pirates and share information on them. UNCLASSIFIED

Points to Ponder Debate will Continue on How to Stop Piracy Attack land based problems of poverty and governance? Larger Enforcement Footprint? Piracy as a issue of Global Security Connection to Islamic Militias and AQ associated Groups Commercial Shipping Companies International Effort UNCLASSIFIED

QUESTIONS? UNCLASSIFIED