Professional Documents
Culture Documents
Volume 69
Number 5
United States
Department of Justice
Federal Bureau of
Investigation
Washington, DC
20535-0001
Louis J. Freeh
Director Features
Contributors' opinions and
statements should not be
considered an endorsement by
the FBI for any policy, program,
or service.
The Attorney General has Russian Organized Crime The complexity of Russian organized
determined that the publication
of this periodical is necessary in
the transaction of the public
By Scott O’Neal 1 crime requires a flexible, cooperative
approach from law enforcement.
business required by law. Use of
funds for printing this periodical
has been approved by the
Director of the Office of Establishing a Foot Law enforcement officers often overlook
Management and Budget.
T he breakup of the former So- the confines of the former Soviet dismantle these criminal enterprises
viet Union in 1991 led to the borders. requires a familiarity with group
precipitous introduction of Local, state, and federal crimi- structures and an understanding of
capitalism and personal freedoms to nal investigators—whether as- the backgrounds of the individuals
the people of Russia and the 14 signed to drug squads or property-, who form the organizations.
other newly independent states. Un- white-collar-, organized-, or vio-
fortunately, this sweeping change lent-crime units—increasingly are Russian Organized
for a society that had lived under encountering subjects with roots in Crime Defined
authoritarian rule for 70 years has the former Soviet Union. Russian Law enforcement agencies al-
had some significant negative side organized crime presents unique most universally refer to crime
effects. In particular, organized challenges for law enforcement in groups consisting of members from
crime has proliferated in Russia the United States. Developing in- the former Soviet states as Russian
and now has expanded far beyond vestigative strategies to disrupt and organized crime (ROC).1 Numerous
May 2000 / 1
“ ...organized crime
has proliferated in
Russia and now
has expanded
population. Although most former
Soviet immigrants had no criminal
inclinations, those individuals pre-
disposed to criminal activity were
able to “hit the ground running” as
far beyond the criminal entrepreneurs in the
United States. More so than the
confines of the members of any other ethnically
former Soviet oriented organized-crime group,
borders. these criminals possess skills and
”
moral principles that pose an excep-
tional threat to society, both in the
United States and abroad.
Special Agent O’Neal is an instructor in the
Investigative Training Unit at the FBI Academy.
ROC in Russia
Although little debate exists
ethnic groups—Russians, Geor- and usually operate within specific among observers—even in Rus-
gians, Chechens, Ukrainians, Ar- geographical areas, ROC comprises sia—that the problem of organized
menians, etc.—make up ROC. amorphous gangs that act autono- crime in Russia has become large
Crime groups have formed in vari- mously or have loose ties to re- and broad, the actual size and scope
ous ethnic combinations for a vari- gional, national, or international of ROC there remains uncertain.
ety of criminal purposes. Some networks. Therefore, contrary to the Reports of the number, size, and
groups remain ethnically exclusive, media-promoted depiction of the activities of organized-crime
such as the Armenian groups in Los “Russian Mafia” as a monolithic in- groups vary greatly. Much of the
Angeles; most, particularly the stitution, ROC groups cannot be information, whether from news
large international enterprises, have classified as distinct, centralized agencies or official sources, is often
multiethnic compositions. entities. Moreover, ROC generally speculative, anecdotal, conflicting,
Yet, beyond its general charac- lacks the traditional membership or a combination thereof. Official
teristics, ROC resists definition. rules and codes of honor and respect Russian reports have estimated that
Unlike the American La Cosa that add intrigue to Mafia stories. 3,000 to 5,000 criminal groups exist
Nostra (LCN), the Italian Mafia, A distinguishing attribute of in that country.3 Applying a nar-
Chinese Triads, and other ethni- ROC relates to the members’ rower definition of organized
cally-oriented organized-crime common experience of having lived crime, the FBI estimates that ap-
groups, ROC does not fit into or- in a police state. In 1990, Russian proximately 80 major organized
derly models. Investigators cannot economist Nikolai Shmelev wrote, criminal groups operate in Russia.4
effectively adopt, in ROC cases, the “Apathy, indifference, pilfering, Notwithstanding the lack of a
model pyramid charts they rou- and a lack of respect for honest reliable assessment of its constitu-
tinely use to outline the leadership work have become rampant...” in tion, ROC unquestionably causes
and rank and file of such groups as the Soviet Union.2 The government extensive harm in Russia. This
LCN families. In traditional orga- controlled and restricted the lives damage results partly from tradi-
nized-crime cases, identifying the of the people, and for many fami- tional crimes, such as extortion,
leadership and chain of command lies, basic subsistence depended on drug trafficking, gambling, prosti-
of the target group contributes sub- their ability to circumvent the tution, and fraud schemes. More
stantially to successful investiga- massive bureaucracy. This experi- threatening, ROC, in concert with
tions and prosecutions. However, ence, combined with the fact that corrupt government officials and
whereas traditional groups have many former Soviet citizens are businessmen, has been plundering
permanent hierarchical structures well-educated, produced a unique Russia’s assets and moving billions
“
forcement in many countries, States. White-collar fraud has
including the United States. caused most of that damage. The
...these criminals more sophisticated ROC fraud
ROC in the United States schemes include fuel scams, health
Individuals who belong to ROC possess skills and care fraud, bank fraud, and stock
groups in the United States arrived moral principles that market manipulation. In these and
among two recent waves of immi- pose an exceptional other schemes, ROC members have
gration. The first influx began in the threat to society, both demonstrated an aptitude for cir-
1970s near the end of the Cold War in the United States cumventing or exploiting the bu-
as a gesture of detente on the part of and abroad. reaucracy, rules, and procedures of
the Soviet Union. The second wave government agencies, financial in-
”
began in the early 1990s after the stitutions, insurance companies,
fall of the Iron Curtain, the collapse and other businesses.
of the Soviet Union, and the open- For example, fuel frauds have
ing of its borders. Career criminals more prone to caused the loss of hundreds of mil-
During the 1970s and 1980s, violence and less sophisticated than lions of dollars in tax revenues in
the Soviet government allowed fraudsters, the professionals often several states. By creating labyrin-
more than 100,000 refugees to mi- band into gangs. These gangs vary thine chains of “burn corporations”8
grate to America.5 Similar to other in their criminal activity and in the and falsifying tax forms, ROC
immigrant groups, the refugees degree of their affiliation with other groups have deprived state and fed-
settled first in New York City and domestic and foreign-based orga- eral governments of substantial tax
other major metropolitan cities. A nized groups. Their criminal acts revenues. Other fuel frauds include
small number of criminals emerged include providing illicit services blending fuel, rigging fuel pumps,
from this first wave of émigrés. (prostitution, gambling, extortion- and selling low-grade fuel as pre-
Dubbed “fraudsters” by law ate credit, etc.) and committing an mium. The large profits derived
enforcement, these individuals assortment of violent and property from these schemes caught the at-
operated independently or formed crimes. Some of these groups tention of four of the five LCN
loose-knit criminal networks. Their operate on their own. Others have families in New York City; to con-
predominant crimes included a vari- muscled in on the schemes of tinue their operations, ROC groups
ety of confidence and other white- fraudsters. Some coordinate with paid a “mob tax” on every gallon of
collar schemes, which originally foreign-based groups to launder il- fuel sold in LCN-controlled areas.
targeted mostly their own immi- licit funds from overseas opera- Health care fraud represents the
grant communities. From this group tions. Still others—larger, more most costly crime in America, and
May 2000 / 3
ROC is taking its cut. ROC groups did in the fuel tax scams, in- committed first appeared to be ran-
continue to innovate and perpetuate formed the Russians they would dom acts. Investigators handled
complex health care fraud schemes be working as “partners” in the each crime reactively, case by case.
that defraud Medicare, Medicaid, schemes. As Russian crime groups organized,
and private insurance companies law enforcement investigations ac-
through false and inflated medical ROC Alliances cordingly required more planning
claims. ROC schemes, such as LCN members may contend and resources. However, because
staged auto accidents and “rolling that they made significant contri- the structures, affiliations, and
medical labs” (mobile labs that con- butions in the fuel tax and stock methods of operation of ROC
duct unnecessary tests), often in- schemes by providing protection groups vary widely and, to some
clude in the conspiracies doctors, degree remain unknown, the result-
“
pharmacists, medical supply com- ant intelligence gaps inhibit the de-
panies, and attorneys. velopment of uniform investigative
ROC also commits a variety of Some experts methods.
bank fraud schemes. In addition to predict that white- To disrupt ROC activity, law
standard schemes—such as check enforcement agencies must coordi-
kiting, credit card fraud, and bank- collar crime will nate with one another, sharing
ruptcy fraud—ROC has innovated serve as the information and conducting joint
new methods of bank fraud. For ex- benchmark for ROC investigations. Many successful
ample, an Armenian ring in Los An- in the United States. ROC investigations— such as those
geles devised an automated teller involving fuel tax, ATM, and other
”
machine (ATM) card fraud scheme complex schemes—have included
that employed electronic surveil- multiple agencies. Increased par-
lance equipment and computers. ticipation of local, state, federal,
The subjects, who included bank and settling disputes. More accu- and foreign police agencies in the
and service station insiders and a rately, they muscled in on ongoing, development of ROC profiles, joint
computer expert formerly em- profitable schemes. Whatever the investigations, and task forces re-
ployed by a national research labo- arrangement, LCN and ROC con- mains fundamental. The 1996 con-
ratory, used computer-operated de- tinue to cooperate in similar viction of Vyacheslav Ivankov, one
coding devices and hidden video schemes, as well as in other crimes, of the most powerful Russian crime
cameras to steal the magnetic codes such as trafficking in drugs and sto- leaders to migrate to the United
and personal identification numbers len cars. States, illustrates the effectiveness
of thousands of cards. ROC groups also have formed of international law enforcement
In addition, ROC advanced the alliances with Colombian drug traf- cooperation. Along with five of his
“pump and dump” stock fraud fickers to import cocaine into associates, Ivankov was charged
schemes for which LCN figures Russia, possibly transshipping with conspiracy for his attempt to
have received much of the attention. through the United States. The two extort $3.5 million from Wall Street
Russian fraudsters developed groups have traded Colombian brokers. The successful resolution
sophisticated schemes in which drugs for Russian weapons. Fur- of the investigation depended
they disseminate false information ther, Colombian drug traffickers largely on information contributed
to entice investors into buying a have acquired Soviet-designed by Russian law enforcement and the
stock and to artificially inflate the military aircraft for their drug-run- Royal Canadian Mounted Police.
value (the pump). Then, the ning operations. In addition, investigators and
fraudsters sell for a profit the shares prosecutors must use money laun-
they had purchased prior to the ROC Investigations dering and asset forfeiture laws to
fraudulent promotion (the dump). In the 1970s and 1980s, attack ROC at its economic source.
LCN figures, sensing money as they the crimes new Soviet émigrés Focusing on the ROC’s lifeblood,
The Bulletin’s
E-mail Address
May 2000 / 5
Focus on Operations
“
becomes necessary to protect the cooperation become known, it
integrity of a case or to safeguard remains essential that the informa-
the confidentiality of others When working with tion did not come from the officer
involved. Officers should not informants, officers or the agency. Although a disclo-
underestimate the informant’s must maintain a sure may hamper the investigation,
ability to detect deception, no strictly professional in all likelihood, the agency will
matter how well disguised. If it relationship at not be held responsible for the
becomes necessary to withhold all times. inevitable problems such a disclo-
information from informants, sure will create.
officers should explain that they
simply do not have a need for the
information. The informants
already may know the information and may have
” AVOIDING RELATIONSHIP
PROBLEMS
Officers must avoid certain circumstances that
inquired just to test the officer’s truthfulness. If may jeopardize the officer-informant relationship.
informants cannot trust officers on simple matters, These include forming business partnerships, accept-
then they may find it difficult to trust an officer’s ing gifts or loans, making unprofessional comments,
word on matters directly related to more important and meeting informants in inappropriate places.
issues (e.g., their safety). Once informants decide that
they cannot trust an officer, they may stop or slow the Forming Business Relationships
amount of significant information they give that Officers never must use the specialized knowl-
officer. edge or expertise of the informant for personal profit.
By entering into a business relationship with infor-
Safeguarding Confidentiality mants, police officers place both themselves and their
The confidential relationship of an informant with agencies in an untenable situation. While some
the law enforcement agency remains essential to the informants may offer such information to gain favor
informant’s long-term and continued use, especially with the officer, others may do so in an effort to
with a very productive informant with unique access compromise the officer and gain control of the
to information. The agency must ensure that it does relationship. Whatever the reason, officers always
not disclose the relationship. Officers should refrain must remember that the details of the relationship
from needlessly commenting around other individuals with an informant eventually will become public
about the identity of the informant, the informant’s knowledge and that the department’s professional
activity, or the nature of the information provided by reputation may suffer if officers must defend their
the informant. Also, because subjects of investiga- actions either in a criminal prosecution or an internal
tions may have the resources to access an informant’s affairs investigation.
May 2000 / 7
Accepting Loans or Gifts embarrassment to litigation. Under questioning in a
Officers never should borrow money from courtroom, unprofessional comments may serve to
informants, even for incidental expenses, such as undermine the officer’s credibility with a jury and the
lunch. If the relationship with the informant becomes agency’s credibility with the public, as well.
strained or otherwise difficult, the informant’s story Additionally, officers must never assume that
may vary from the officer’s on the circumstances of informants will not provide information to others.
the loan. The officer and police agency can suffer With today’s technology, informants can covertly
needlessly over such behavior, especially if the record their conversations with officers with little
money borrowed comes from a payment from the or no difficulty and then use these recordings to
agency to the informant. influence the professional relationship or, ultimately,
The acceptance of gifts the career of the officer. Therefore,
represents another area that, if not police officers always must use
handled properly, can create caution in their communications
with informants.
“
difficulties for an officer. Though
it may seem harmless at the time,
receiving anything from an infor- Officers must Meeting in Inappropriate Places
mant can create an atmosphere that avoid certain Police officers should choose
some may perceive as improper. circumstances that the best-suited locations for
For similar reasons, officers never may jeopardize the meeting and debriefing informants.
should lend money or give gifts to officer-informant For example, hotels help keep
informants. Yet, in some cultures, relationship. anonymity, provide multiple
the informants may perceive the entrances and exits, and generally
refusal to accept gifts as a personal
affront. In these rare situations
where officers deem it best to ” are conveniently located. How-
ever, officers should avoid meeting
informants of the opposite sex in
accept gifts, they must carefully document the circum- hotel rooms without another officer present. The
stances under which they received them, then log the informant and the officer should feel comfortable
items in the police property room. In cases involving with any meeting location. Both should dress appro-
jewelry or other items an informant would expect to priately for the debriefing, taking into account
see an officer wearing, the officer can retrieve them whether casual or more formal dress attire conforms
from the property room prior to each meeting with the with a particular meeting place.
informant and, after the meeting, promptly check the
items back into the property room for safekeeping. By VERIFYING INFORMATION
appropriately documenting the situation, officers can Officers should make every effort to verify and
adequately answer any questions of propriety that substantiate through independent means all informa-
may arise from their accepting gifts. tion the informant provides. Failure to do so can
result in negative consequences, not only for the law
Making Unprofessional Comments enforcement agency but for innocent civilians, as
Officers should avoid language that informants well. For example, acting on information from
may perceive as offensive (e.g., being called snitches informants, law enforcement agencies have served
or squeals), which can damage an already-delicate search warrants at the wrong addresses. Often, this
relationship. Careless remarks or jokes made by a law error results from a miscommunication between
enforcement officer in the presence of an informant officers and informants or occasionally from infor-
often can boomerang with severe consequences. Off- mants with alternative, more corrupt motives. What-
color remarks containing sexual, racial, or other ever the cause, officers must verify the information
biases may result in fallout, ranging from public provided by informants through such means as utility
May 2000 / 9
© Spence Stephens
Establishing a Foot Pursuit Policy
Running into Danger
By SHANNON BOHRER, M.B.A., EDWARD F. DAVIS, M.S., and THOMAS J. GARRITY, JR.
Mr. Bohrer is the range master Mr. Davis serves as an instructor in Chief Garrity leads the
and a firearms instructor with the the Behavioral Science Unit at the Collingswood, New Jersey,
Maryland Police and Correctional FBI Academy. Police Department.
Training Commissions in
Sykesville, Maryland.
May 2000 / 11
Officer Injured During a Foot Pursuit Commission, and currently
employed by a public safety
While on vehicle patrol, the victim officer and his partner agency;
saw two individuals in an automobile. After determining that
the pair matched the description of two suspects wanted for • a supervisor is a law enforce-
possessing a handgun, the officers stopped the vehicle. The ment officer who, by virtue of
passenger immediately fled on foot, and the victim officer rank or assignment, directs or
chased him for several blocks. After the victim officer lost supervises the activities of
sight of the suspect, he began searching an area in front of a other officers;
building. The suspect, hiding in nearby bushes, opened fire • a violator includes any indi-
with a small-caliber handgun and wounded the officer in the vidual who a police officer
head and legs, causing extensive injury. The assailant escaped reasonably believes has
from the scene but surrendered to authorities 2 days later. The committed an offense or poses
victim officer survived the attack but could not resume his an immediate threat to the
duties and retired from the department.9 safety of the public or other
officers;
• the team concept describes
the practice of having two or
also injure officers. For example, of the officers and the general pub- more officers work together
suspects had cut holes in the floors lic. Because unique situations arise during a foot pursuit. The
or placed wires or ropes in various in law enforcement, the policy officers work in unison via
locations throughout the buildings could not address all possible cir- direct or indirect communica-
to cause officers to trip and fall onto cumstances. Therefore, the depart- tion to coordinate their efforts,
broken glass, nails, or other injury- ment intended that the policy would remain aware of the location
producing items. The department guide its officers’ decisions about of officers and suspects, and
began to realize that it needed to initiating, continuing, or ending keep abreast of the status of
find alternatives to “running down foot pursuits. the pursuit.
the suspect.”
Defining the Terms
Developing the Policy Establishing the Procedures
After developing the primary
The Collingswood Police De- purpose of the foot pursuit policy, The Collingswood Police De-
partment wanted to develop a foot the department set out to define the partment clearly understood that a
pursuit policy that would secure a concepts and individuals involved police officer has the authority, at
balance between protecting the in foot chases. The department de- all times, to attempt to stop any in-
lives of its officers and the public termined that— dividual suspected of committing
and upholding its duty to enforce any criminal offense, violation, or
• a foot pursuit means the traffic infraction. However, the de-
the law and apprehend violators. To
physical attempt by an partment also realized that while the
this end, the department based its
officer(s), without the aid of a officer initiates the stop, the viola-
policy on the many factors that of-
vehicle or other motorized tor provokes the pursuit by fleeing.
ficers must consider when they ini-
device, to detain, arrest, or Therefore, the department wanted
tiate foot pursuits. These include
otherwise take physical its officers to base their decisions
the nature of the offense or call for
custody of an individual who on whether to pursue a fleeing sus-
service, the location and surround-
attempts to flee on foot; pect on the degree of risk to them-
ing area involved, the type and
availability of communication, the • a law enforcement officer selves or others.
presence of physical danger, the defines any individual sworn To aid officers in making such
physical condition and abilities of to uphold the law, certified decisions, the department devel-
the officers involved, and the safety by the Police Training oped five criteria that restrict the
May 2000 / 13
the communication center more of- objective of encouraging its officers Collecting statistics that accu-
ten before engaging suspects in foot to consider the risks and benefits of rately reveal the number of officers
pursuits. They also maintain com- foot pursuits when circumstances killed and injured during foot pur-
munication with the center and re- indicate a high probability of injury. suits would raise officer awareness
quest backup assistance more fre- and encourage agencies to train
quently. Further, officers generally CONCLUSION their officers in effective and safe
use the team concept of setting up a Law enforcement officers risk methods of chasing fleeing sus-
perimeter around the pursuit area their lives every day in the perfor- pects. Law enforcement profession-
rather than just chasing after fleeing mance of their duties. The daily als should work together to com-
suspects. struggle to safeguard their fellow pile, analyze, and publish such
Moreover, the department sus- citizens exacts a heavy toll in of- information on a national level and
pected that many of its veteran of- ficer deaths and injuries every year. determine policies and procedures
ficers might resist the policy be- Chasing fleeing suspects on foot that would help officers enforce the
cause they had chased and caught represents an instinctive but inher- law without unduly endangering
suspects for years and received few ently dangerous activity for law en- themselves.
serious injuries. However, because forcement officers. Whether be- To this end, the Collingswood,
the department solicited feedback cause veteran officers become New Jersey, Police Department de-
from its officers and included their complacent after many years of in- veloped and implemented a foot
input in policy revisions, even vet- jury-free pursuits or because no na- pursuit policy. While not an attempt
eran officers have begun to embrace tional repository exits to compile to eliminate foot pursuits, the policy
the concept of following an estab- statistics on these incidents, the law sets forth basic elements that offic-
lished procedure when chasing flee- enforcement community has not fo- ers should consider when faced
ing suspects. Overall, the depart- cused on this important officer with fleeing suspects. The policy
ment has accomplished its main safety issue. has brought the hazards of foot
• always radio their dispatchers to advise of • always try to follow the same general path
their location, the reason for pursuing the as the suspects so that the suspects discover
suspect, and the direction of the chase; any hidden obstacles—such as clotheslines,
• always ensure that suspects who flee from wires, cables, holes, and sprinkler heads—
vehicles do not have accomplices in the car first; and
who may attack from behind; • always remain cautious, in control, and alert
• always take their vehicle keys with them to for additional threats and other changes in
avoid having suspects return to the scene the situation.
and flee in police units; Source: Gerald W. Garner, Surviving the Street:
• always wait for backup if they believe that Officer Safety and Survival Techniques (Spring-
the suspect is armed; field, IL: Charles C. Thomas, 1998), 57-61.
Unusual Weapon
Flashlight Gun
An officer with the Indianapolis, Indiana,
Police Department advised that this concealed
gun is currently manufactured in the United
States. The weapon, a single shot .380, resembles
a mini-mag flashlight. The gun is unscrewed near
the center where the round is inserted. The end
cap serves as the safety. Once the end cap is
unscrewed, the gun can be fired by pulling the
trigger, which is a small peg at the base of the
weapon.
The weapon retails for approximately $300.
A lens can be added to cover the muzzle of the
gun to further give the illusion that the gun is a
flashlight.
Submitted by the Indianapolis, Indiana, Police
Department.
May 2000 / 15
© K. L. Morrison
T
hrough Citizen Police communiity-oriented policing strat-
“Police, at all times, should Academies (CPA), police egies. Further, the President has
maintain a relationship with the
officers can maintain this committed approximately $1.3 bil-
public that gives reality to the
historic tradition that the police
relationship with the public by in- lion for a new 21st Century Policing
are the public and the public are volving citizens in crime prevention Initiative that includes funding for
the police; the police being the efforts. CPAs provide the public community-based partnerships,
only members of the public who with a working knowledge of their such as CPAs. Law enforcement
are paid to give full-time attention law enforcement agency’s mission, agencies can obtain information re-
to duties which are incumbent operation, policies, and personnel. garding CPAs from a variety of
on every citizen in the interests They also create mutual trust and sources.2 However, establishing a
of community welfare and cooperation between the police and successful CPA remains a substan-
existence.”1
residents. An increasing number of tial task.
—Sir Robert Peel, 1829
law enforcement agencies have re-
alized the enormous benefits of HISTORY OF THE CPA
CPAs to their communities and The concept of a CPA evolved
have incorporated them into their from efforts of the Devon and
Cornwall Constabulary in Great the concept in 1987. Initially de- tion of a CPA should present the
Britain to acquaint citizens with lo- signed as a 5-week course, due to its program’s concept to the chief and
cal law enforcement and its organi- success, this program expanded to the command staff. Ideally, that
zational structure. “Police Night 12 weeks. The success of the initial member also should provide admin-
School,” which began in 1977, met CPA classes in Rockwall resulted in istrators with information about
once a week for 10 weeks. The the CPA Alumni Association and programs from other agencies.
classes quickly revealed that most the Citizens On Patrol programs, When a department implements a
citizens knew little about the opera- which provide continued training in CPA, the chief and the administra-
tions and organizational structures emergency services. tive staff should stay involved in the
of law enforcement agencies.3 program, and agencies should keep
In 1985, the Orlando, Florida, PROGRAM them informed of CPA activities
Police Department became the first IMPLEMENTATION and progress.
law enforcement agency in the CPAs represent a shortened Further, CPAs need support
United States to organize a CPA.4 version of law enforcement acad- from the community.9 Through con-
Classes met one night each week for emies. Like the police academy, tacts with citizens, police officers
10 weeks. Participants discussed lo- success of the CPA depends on the can provide residents’ feedback
cal police organizational structure, administrative support, the strength about the CPA to the agency’s
and citizens received a hands-on of the curriculum and staff mem- administration.
look at law enforcement opera- bers, and the selection of students.
tions.5 Due to the overwhelming Strength of the Curriculum
success of the program, the CPA Administrative Support CPA programs should cover di-
concept spread throughout the Members of a law enforcement verse police topics, and agencies
nation. agency seeking to initiate a success- should provide a basic overview of
The Missouri City, Texas, Po- ful CPA program must obtain the each subject. Course topics should
lice Department brought the CPA support of their administration.7 present information appropriate to
concept to Texas in 1986, eventu- Law enforcement administrators the particular community. For
ally extending it to an 11-week should actively participate in their example, curriculums can include
course format. 6 The Rockwall, agency’s program.8 The agency such topics as professional stan-
Texas, Police Department adopted member proposing the implementa- dards, legal issues, and information
May 2000 / 17
regarding patrol procedures and class—such as a school, civic students will represent the police
radar operations. In conjunction center, department training facility, department and form the nucleus of
with lectures, instructors should use or academy. The size of the the CPA alumni program. There-
demonstrations, facility tours, and location—neither too big or too fore, to minimize potential risks and
hands-on activities (e.g., role-plays, small—and its convenience to the liabilities, agencies should care-
ride-alongs) when possible—as community and officers should fully select the first class. Members
well as additional aids, such as accommodate students, staff, and of this class should include commu-
videos, slides, audio cassettes, activities. nity and religious leaders, media
overheads, and posters.10 representatives, and citizens in-
“
Instructors should develop les- volved in crime prevention pro-
son plans based on the overall CPA grams. Such members maximize
curriculum and share experiences ...departments can publicity, resulting in future CPA
with citizen-students. Additionally, limit CPA program recruitment. The class should in-
instructors should allow time for an costs to fit within clude men and women from various
interactive learning environment ethnic backgrounds, age groups,
based on citizen-student questions.
their budgets. and professions in order to reflect a
”
They should emphasize the patrol cross section of the community.12 In
division—considered the backbone general, applicants should be at
of most law enforcement agen- Law enforcement agencies least 21, live or work in the commu-
cies—because officers in this divi- should recruit CPA instructors from nity, and pass a background check.
sion have the most contact with a variety of backgrounds, depend- CPAs should exclude applicants
community residents. Additionally, ing on the subject. For example, with a prior criminal record. Prior to
this emphasis helps to ensure con- agencies should use employees conducting a background check, de-
tinued citizen interest. from within their department, a co- partments should obtain signed
operating agency, or from a special- waivers from the citizens for their
Strength of the Staff ized task force for law enforcement criminal history. Additionally,
Proper selection of a CPA pro- matters. District attorney represen- when organizing a CPA, agencies
gram coordinator and instructors tatives, city attorneys, and proba- should consider the citizens’ needs
helps ensure agency acceptance and tion and correction officers can with regard to time and day of
community support. After deciding present legal issues. Specially classes to accommodate students
to implement a CPA, the agency trained citizen volunteers, CPA with family, career, and community
administrator should appoint a co- alumni, individuals from emer- obligations. A positive educational
ordinator who maintains direct con- gency services, and employees experience for the citizen-students
tact with residents and represents from federal and state agencies can will allow the agency to reap the
the department. serve as an additional resource pool long-term benefits of the program.
Generally, a senior police of- for instruction. Instructors should Educated citizens can serve as a
ficer serves as the coordinator. This be motivated, willing to share re- source for new ideas to better edu-
officer has established a good rap- lated experiences, and maintain a cate the public, resulting in a safer
port with the public and fellow of- professional appearance. CPAs in- community.13
ficers and has experience in media troduce citizens to the law enforce-
relations.11 Coordinators must have ment agency; therefore, the major- BENEFITS
the authority to effectively operate ity of the instructors should work Citizen police academies ben-
the program, recruit or assign in- for the particular agency. efit agencies and participants. In
structors, and make decisions as the short term, they provide a
to curriculum and scheduling. An- Selection of Citizen-Students better understanding of the mission
other responsibility includes select- The inaugural CPA class sets and operation of the law enforce-
ing a suitable location for the the tone for future classes. Citizen- ment agency through informed
CPA graduates. This understanding can pool resources to form and needs. Additionally, an actual
reduces suspicions and misconcep- volunteer organizations (e.g., crime reduction in offense rates in the
tions about the agency, creating co- watch groups), which reduce de- long term provide measurable
operation and mutual trust between mands on the agency15 and can in- benefits of such community
citizens and police officers. Sub- crease the number of reported of- cooperation.
sequently, the number of citizen fenses. Overall, graduates can serve
complaints against officers de- as the nucleus for establishing en- COSTS
creases almost immediately. Fur- hanced community ties, leading to a With appropriate implementa-
ther, agencies can reap benefits by safer environment. tion, departments can limit CPA
encouraging graduates to join CPA In the long run, citizen coopera- program costs to fit within their
alumni associations, which keep tion with police officers can bene- budgets. Departments should cover
graduates in touch with the depart- fit the agency in lawsuits, jury material costs, such as binders,
ment and give them opportunities trials, witness canvasses, public handouts, and T-shirts, if not fully
for continued education in emer- perception, and in city council recovered through tuition and appli-
gency services.14 These benefits meetings, as well in upcoming bond cation fees, which some CPAs may
materialize because trained alumni issues furthering the agency’s goals charge. Materials costs remain
May 2000 / 19
minimal compared to labor costs. when the officers experienced the The continued interest in emer-
Labor costs represent hours neces- positive citizen-police interaction gency services in Rockwall resulted
sary to organize and teach classes, in the teaching environment. At the in the formation of the Citizen Po-
as well as to perform background beginning of the program, agency lice Academy Alumni Association,
checks on applicants. Ideally, offi- administrators “volunteered” most Crime Watch groups, and the Citi-
cers should volunteer their time for of the instructors to teach CPA zens On Patrol. These programs
course instruction, or a department classes. For subsequent CPA provide valuable resources to the
must decide whether to offer com- classes, officers enthusiastically department. Departments can use
pensatory time or overtime. To alle- volunteered to teach. In fact, the these trained volunteers to assist
viate advertising costs from local positive teaching experience and during holiday season patrols and
newspapers, departments should the sharing of common concerns be- parade and special events traffic
use city newsletters or press re- tween officers and citizens has controls, as well as to operate secu-
leases through their public informa- helped the department to curtail the rity for athletic events. CPA volun-
tion office. One of the most effec- “us-versus-them” mentality often teers have sharpened observation
tive and least expensive advertising found embedded in the police skills from their academy training
tools remains word of mouth. culture. and use cellular telephones to report
Further, agencies might incur suspicious activities to law enforce-
“
potential liability costs from acci- ment officers. The patrol and obser-
dents during ride-alongs, equip- vation efforts from these volunteers
ment demonstrations, and firing have resulted in a number of arrests,
range segments of the class, despite CPAs provide the from outstanding warrants to nar-
liability waivers signed by appli- public with a working cotics and intoxication offenses.
cants. Providing participants with knowledge of their For example, CPA graduates pro-
extensive classroom instruction law enforcement vided patrol support in neighboring
prior to allowing them to perform agency’s mission, districts during a recent search for
practical exercises can minimize an alleged sex abuser.
such potential accidents before they operation, policies, The successful fund-raising
happen. and personnel. drive to create a canine unit and the
community support for a successful
”
EVALUATION pay referendum and bond issue for
Law enforcement agencies better equipment and more person-
should evaluate their CPA pro- nel during budget hearings of the
grams. This review helps to deter- The Rockwall Police Depart- city council reflect the greater
mine whether the CPA successfully ment asks citizen graduates to com- awareness for the concerns of law
benefits the community and the de- plete a course evaluation form at the enforcement in Rockwall. Overall,
partment, or if the program needs end of the CPA program. These Rockwall’s CPA and its resulting
improvement. evaluations reveal that the partici- programs have been a great success.
pants’ overall impression of the The strict emphasis on education
City of Rockwall CPA course remains extremely positive. has helped Rockwall avoid negative
The Rockwall Police Depart- Citizens relay that they have a much circumstances, such as accidents or
ment continuously evaluates its greater appreciation for police of- injuries. The benefits gained by the
CPA program through feedback ficers and that the CPA eliminated department and the community far
from its police officers and citizen- many misconceptions. The CPA outweigh the costs.
graduates. Initially, officers had stimulated citizen interest in emer-
negative comments toward the gency services and provided a bet- State of Texas Survey
implementation of the CPA; how- ter awareness for the concerns of In 1995, the Dumass, Texas,
ever, these doubts quickly faded police officers and the department. Police Department conducted a
May 2000 / 21
Police Practice
© Don Ennis
Operation
Clean Sweep
Curbing Street-Level
Drug Trafficking
By Michael A. Meyers, M.P.A.
“
bers of the team compiled and experience shows that members
analyzed information on drug- of the DA’s office, law enforce-
related calls for service from the The media can play ment officers, and members of
department’s computer-assisted an important role in the community need to work
dispatch database and from citizen a department’s together. To achieve the success-
calls to a drug hot line. Meeting crime prevention ful prosecutions Operation Clean
with patrol officers, detectives, and efforts. Sweep required, the department
Neighborhood Watch groups teamed with a deputy DA (DDA)
provided valuable, up-to-the-minute
insight into activity on the street.
The community’s involvement via
these methods proved critically
” from the outset, to familiarize
him with the details of the
operation and so that he could
offer advice to enhance the prosecution of the sus-
important. Neighborhood residents often know even pects. The same DDA would handle all of the
more information than the best beat officers do; they operation’s cases.
can provide important intelligence. After undercover officers had completed buys
from all identified dealers, processed the evidence,
Using New Technology
and completed all reports, the cases went to the DA’s
To enhance the operation, the team relied on an office for prosecution. The DDA decided to employ
invaluable piece of new technology, a small video the complaint warrant process, obtaining an arrest
camera capable of filming the participants in a drug warrant for each and every suspect.4
transaction and recording their voices at the same
time.3 After installing the camera in an unmarked Cooperating with Other Agencies
police car, the team designed a sting operation to Long before the DA’s office issued the arrest
maximize the results obtained from the new camera. warrants, the department knew that arresting the
When the drug dealers approached the uncover offenders who participated in 89 separate hand-to-
vehicle (a late-model car not known on the street) to hand narcotic buys would require a multiagency
sell their wares, a team member activated the hidden effort. The arrest plans included 15 other agencies,
camera, which filmed the entire illicit transaction. and for 3 days during September 1999, teams of law
After each sale, the undercover vehicle departed, and enforcement personnel from police departments
a uniformed officer in a marked police car made a throughout the region, as well as the San Bernardino
“routine” stop or detention to establish the dealer’s County Sheriff’s Department, the California Depart-
identity. During the detention, the officer took an ment of Justice, the Probation and Parole Depart-
instant photograph of the suspect, later showing the ments, and the California Highway Patrol, helped
photo to the undercover officer to confirm the serve the arrest warrants.
suspect’s identity. The uniformed officer released the The tactical team assessed the level of risk at each
dealers after establishing their identities; typically, of the planned arrest or search warrant locations,
they sauntered back to their neighborhoods thinking determining whether the SWAT team would be
they had again beat the system. Meanwhile, the needed. Each arrest team held the appropriate war-
undercover officer was submitting the drugs to the rants and information files. In addition to serving the
crime lab for evidentiary analysis and completing the warrants, the teams took advantage of the extra
appropriate crime reports. personnel and conducted simultaneous compliance
May 2000 / 23
checks on 400 probationers in Rialto and surrounding left little doubt as to the suspects’ culpability, and
communities. most pleaded guilty when confronted with the evi-
dence. The camera’s $1,200 cost seemed little to pay
Using the Media for such worthwhile results.
The media can play an important role in a
department’s crime prevention efforts. The Rialto Conclusion
Police Department worked with the media in several The techniques Operation Clean Sweep employed
different ways during Operation Clean Sweep. First, seem simple. Yet, simple solutions are often the most
the department invited the media to accompany overlooked. First, the department realized it had a
officers during the arrests (mem- problem—street-level drug traffick-
bers of the press did not enter the ing. Next, it established a strategy
suspects’ residences). Next, the to solve the problem: arrest the
“
department held a press conference offenders and develop iron-clad
to announce the arrests. The media cases to get and keep them off the
received video clips of several of Operation Clean streets. To achieve these objectives,
the arrests, as well as some of the Sweep resulted in the department worked closely with
drug buys, so they could air them the arrest and the community, the district
(taking appropriate precautions to prosecution of more attorney’s office, other area law
conceal the identities of the sus- than 100 felons. enforcement agencies, and the
pects and the undercover officers) media. The technology it used—a
on the news. Watching individuals
get arrested on the nightly news
might deter others from committing ” miniature video camera—helped
build strong cases against the
offenders and more than paid for
similar crimes. Finally, the department asked commu- itself by allowing the department to seize large
nity residents to talk to the media during the press amounts of contraband and interrupt the activities of a
conference. During the interviews, the residents could multitude of drug offenders.
speak firsthand about how Operation Clean Sweep Successful undercover operations come in all
had given them the freedom to enjoy their homes, let shapes and sizes, but they don’t have to be complex,
their children play outside, and walk to the store unwieldy, or demand huge amounts of resources.
without being accosted by drug dealers. Indeed, Operation Clean Sweep proves that with
proper planning and the right tools, law enforcement
Assessing the Results agencies can develop effective strategies to keep their
Operation Clean Sweep resulted in the arrest and communities safe.
prosecution of more than 100 felons. Officers took 70
drug dealers into custody; another 22 fled town or Endnotes
1
went underground. The department recovered signifi- See H. Goldstein, Problem-Oriented Policing (New York: McGraw-
Hill, 1990).
cant amounts of drugs, weapons, cash, and stolen 2
A seven- or eight-person team initiated in the early 1990s, SCAT
property and also discovered a clandestine metham- uses a proactive, problem-solving approach to preventing crime. The team
phetamine laboratory. Based on the evidence obtained can tackle crime problems without pulling patrol officers from calls for
during the roundup, the department obtained 12 service.
3
Agencies should check with their legal advisors or local prosecutors
additional search warrants, with the follow-up inves- before employing this technique. The law in some states prohibits the use
tigations yielding even more contraband. Several of surreptitious voice recording without a court order or the consent of all
offenders—including a serial rapist who recently had of the parties.
4
been released from prison—face three-strike enhance- The DDA chose this method over the grand jury process, in which all
of the suspects get indicted at the same time, then proceed to trial without
ments and long prison sentences. a preliminary hearing.
The videotapes that documented the drug buys
greatly enhanced and expedited the prosecution of the Chief Meyers leads the Rialto, California, Police
suspects. The camera’s high-quality video and sound Department.
May 2000 / 25
Legal Digest
L aw enforcement officers use such cases, the government may practical considerations on how law
many different techniques seek to assert a legal privilege to not enforcement can effectively use this
in conducting criminal in- disclose the sensitive investigative privilege.
vestigations. The public is familiar technique.
with the most common techniques. Courts addressing the issue of Privilege Recognized
In certain investigations, however, protecting sensitive investigative Courts that recognize a sensi-
the government may seek to protect techniques from disclosure have tive investigative techniques privi-
information regarding particularly generally recognized the existence lege treat it as a qualified privilege
sensitive equipment, surveillance of a qualified privilege. This article based on the following rationales:
locations, listening posts, or investi- discusses the rationale behind the 1) revealing the technique may en-
gative techniques (all hereinafter privilege in the context of various danger the lives of law enforcement
referred to as sensitive investigative court decisions recognizing the officers;3 2) revealing the technique
techniques) from disclosure during privilege1 and one that rejected it.2 may endanger the lives of those
suppression hearings or at trial. In The article also addresses some who allow their property to be used
”
formation is both necessary and
material.16
Many courts recognizing Ms. Walker serves as a legal instructor and
attorney for the DEA at the FBI Academy.
the privilege analogize the protec-
tion of sensitive investigative
May 2000 / 27
appeals noted that the trial court had gave him a small plastic bag con- the handicap he establishes
conducted an in camera hearing re- taining white powder. Three law must then be weighed by the
garding the matter, heard testimony enforcement officers watched the trial judge against the policies
that the voices on the tape could transaction from a surveillance underlying the privilege. This
have been distorted by the way the post. The officers at the surveil- is necessarily a somewhat ad
microphone was hidden, and lis- lance post filmed the transaction hoc balancing process so that,
tened to the agent’s actual voice and with a zoom lens-equipped camera. as Roviaro said, “no fixed rule
his voice on the tape to determine The undercover detective returned with respect to disclosure is
the accuracy of the recording. The to the station after the transaction. justifiable.”23
defendants also were allowed to ex- Investigators obtained a positive re- In balancing the interests in this
amine the tapes and were told that sult from a field test on the white case, the court stated that the de-
the transmission was by air and not powder. Additionally, the detective fense made no attempt to demon-
wire. The defendants were allowed identified the defendant from strate either a need for the informa-
to argue the possibility of misiden- among the 10 to12 photos shown to tion or that alternative methods to
tification, and therefore, the jury him of individuals known to fre- obtain the information were un-
had the opportunity to address the quent the area near the house. available. The court noted that even
question of voice identification on if the police no longer used the sur-
the tape. veillance post, the safety of the
“
Courts recognizing the privi- owner of the apartment and the will-
lege have reached varying conclu- ingness of others to cooperate with
sions as to disclosure based not The trial court ruled law enforcement in the future were
merely on the particular test used “weighty considerations supporting
but also on the specific facts pre- that the location of the privilege.”24
sented in the case. For example, ap- the surveillance The court found identification
plying the same test, the U.S. Court post did not have to be the only issue in question at
of Appeals for the District of Co- to be disclosed. trial. The detective who purchased
lumbia Circuit recognized the the heroin from the defendant posi-
”
government’s position to not dis- tively identified him. While the in-
close a technique in one case while vestigator who conducted the field
ordering the disclosure of a tech- test had never been in the apartment
nique in another. In United States v. During the cross-examination used as the surveillance post, he
Harley,22 the court addressed the is- of the investigator who performed was familiar with the area. During
sue of whether the privilege applied the field test, the defense asked the cross-examination, the investigator
in revealing the location of a police location of the apartment used for testified that the surveillance post
surveillance post in a heroin distri- police surveillance. The trial court was between 20 and 30 yards from
bution investigation. In Harley, an ruled that the location of the surveil- the courtyard where the transaction
undercover detective drove to a lance post did not have to be dis- occurred and was approximately
house in an attempt to buy heroin. closed, stating that 10 to 12 feet above street level.
As the detective approached the A defendant seeking to learn The trial court sustained the
house, the defendant came down the the location of a police surveil- government’s objection to the
steps, walked up to the detective, lance post should ordinarily defense’s obtaining the exact loca-
and asked him what he wanted. The show that he needs the evi- tion of the apartment. The Harley
detective gave the defendant $50 dence to conduct his defense court stated that this testimony was
for some heroin. The defendant and that there are no adequate sufficient information for the
went back to the house, went inside, alternative means of getting at defense and did not require disclo-
came back to the detective, and the same point. The degree of sure of the exact location.25 The
May 2000 / 29
and $10. At the trial, the informant witnesses on the particular issue in or that no information need be dis-
denied he had ever been involved in question. As illustrated by the closed. If the court orders disclo-
any other drug sting operations. The Harvey case, for example, the de- sure, the prosecutor should argue
detective contradicted this testi- fense still should be able to thor- that the disclosure be made under a
mony and stated that the informant oughly cross-examine witnesses in protective order limiting the per-
had been involved in other drug in- surveillance-post cases regarding sons with whom the defense may
vestigations for which he had been weather or other viewing obstruc- share the information and directing
paid approximately $500. tions without learning the actual that all materials the prosecution
During the cross-examination location. provides to the defense during the
of the defendant, the defense sought case be returned at the end of the
to obtain information regarding the trial.38 In the event that disclosure is
“
type of recording device used even ordered, the prosecutor may even
though the tape was inaudible. The consider the possibility of dismiss-
defense argued that a thorough The use of a ing the case based upon the nature
cross-examination regarding the of the offense, the nature of the
tape recorder was essential to show sensitive investigative technique, and the harm that would
that the recorder could have been technique in a result should the technique be
manipulated by the informant. This case should be disclosed.39
would support the defendant’s ar- coordinated in Conclusion
gument that the transaction never advance with the
occurred and that the informant Law enforcement officers
manufactured the case in order to
prosecutor should ensure that they are familiar
with the law in their jurisdictions
”
receive $50 from the detective for
informing. and consider the following prior to
The Kentucky Supreme Court using a sensitive investigative
refused to recognize the “police sur- technique:
A trial court making the deter-
veillance privilege” because under mination of whether the privilege • any department policies
Kentucky law, recognition of the applies may hold some form of in that exist regarding the use
privilege would require an amend- camera hearing regarding the of sensitive investigative
ment to the Kentucky Rules of defense’s need for the information techniques;
Evidence.34 or an ex parte hearing on the • any policies or positions of the
government’s need to protect the prosecutor’s office regarding
Practical Considerations information.36 An ex parte in cam- the use of sensitive investiga-
In jurisdictions where the privi- era review may even include a tive techniques. The use of a
lege has been recognized, a number viewing of the sensitive investiga- sensitive investigative tech-
of practical issues should be taken tive technique in question.37 nique in a case should be
into consideration. Because the After considering the applica- coordinated in advance with
privilege is qualified and not abso- bility of the privilege, the trial court the prosecutor;
lute, the trial court has a great deal may reach a number of possible • the likelihood that the sensi-
of discretion in determining the conclusions, including that the sen- tive investigative technique
scope of the privilege.35 In review- sitive investigative technique must will be disclose;.
ing the decision of the trial court as be fully disclosed, that some infor-
to the extent of the privilege, appel- mation regarding the technique • informing citizens that may
late courts will examine whether the must be disclosed and the defense be affected by disclosure;
defense had adequate opportunity can ask certain cross-examination • if the sole or substantial
to cross-examine and confront questions regarding the technique, evidence to be used in the
May 2000 / 31
31
States v. Foster, 986 F.2d 541, 543 (D.C. Cir. Id. at 543-44. 1195 (C.D. Cal. 1998); State v. Garcia, 618
32
1993); United States v. Green, 670 F.2d 1148, 353 U.S. 53 (1957). A.2d 326, 332 (N.J. 1993).
33 37
1155 (D.C. Cir. 1981); Hicks v. United States, 955 S.W.2d 722 (Ky. 1997). In Weaver, See, e.g., Commonwealth v. Lugo, 548
431 A.2d 18, 21 (D.C. 1981); State v. Moss, the Kentucky Supreme Court overruled the N.E.2d 1263, 1265 (Mass. 1990).
38
648 So.2d 206, 207-08 (Fla. Dist. Ct. App. Kentucky Court of Appeals’ decision in Jett v. See, e.g., United States v. Jenkins, 530 F.
1994); Commonwealth v. Lugo, 548 N.E.2d Commonwealth, 862 S.W.2d 908 (Ky. Ct. App. Supp. 8 (D.C. Cir. 1981) (the court ordered the
1263, 1268 (Mass. 1990); Commonwealth v. 1993), to the extent it recognized the existence government to identify a surveillance location
Rodriguez, 674 A.2d 225, 228 (Pa. 1996); of a “police surveillance privilege.” to the defendant’s attorney, subject to the
34
Hollins v. Commonwealth, 450 S.E.2d 397, 399 Even though the Kentucky Supreme condition that counsel could not disclose the
(Va. Ct. App. 1994). Court refused to recognize the privilege, the location to anyone, including his client, absent
18
353 U.S. 53 (1957). court ruled that any error occurring in not a court order).
19 39
Id. at 62. disclosing evidence further identifying the type See, e.g., State v. Williams, 571 A.2d
20
789 F.2d 1492 (11th Cir. 1986). of recording device was harmless because the 1358, 1366 n.3 (N.J. Super. Ct. App. Div.
21
Id. at 1508. detective admitted that the informant could 1990).
22
682 F.2d 1018 (D.C. Cir. 1982). have tampered with the recorder to prevent it
23
Id. at 1020. from producing an audible recording of the Law enforcement officers of other than
24
Id. transaction and that this was the information federal jurisdiction who are interested in
25
Id. at 1021. the defense sought to prove. this article should consult their legal
26
986 F.2d 541 (D.C. Cir. 1993). 35
See People v. Criss, 689 N.E.2d 645, 649 advisors. Some police procedures ruled
27
670 F.2d 1148 (D.C. Cir. 1981). (Ill. App. Ct. 1998). permissible under federal constitutional law
28
682 F.2d 1018 (D.C. Cir. 1982). 36
See, e.g., United States v. Fernandez, 797 are of questionable legality under state law
29
986 F.2d 541, 543 (D.C. Cir. 1993). F.2d 943, 952 (11th Cir. 1986); Haider v. or are not permitted at all.
30
Id. Director of Corrections, 992 F. Supp. 1192,
Official Business
Penalty for Private Use $300
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