Identifying a Crime That Never Occurred

Robert F. Mangine

The National Insurance Crime Bureau estimates that auto theft costs U.S. consumers more than $8.6 billion annually.  In 2004, 1,237,114 vehicles were reported stolen. The operative word here is reported.  Although published statistics detail the overall problem of auto theft, these numbers do not reflect the reported thefts that were never thefts at all, thefts that actually had a degree of owner involvement.  These would include owner give-ups for financial or mechanical reasons, vehicles used in the commission of various crimes, vehicles involved in accidents or even vehicles passed to a third party to satisfy a debt (drug related or otherwise).  These vehicles are commonly reported as being stolen and a claim submitted to the insurance company.  These fraudulent claims are often paid.  Some experts estimate owner involved fraudulent claims to be as high as 20% to 30% of all auto theft claims submitted.  Insurance fraud costs each American $200 to $300 per year in premiums, yet many believe insurance fraud to be a victimless crime.  $200 to $300 passed on to each and every driver in yearly premiums makes it obvious that this is not a victimless crime.  And, although the fraudulent theft of an automobile is reported to the police as a crime, investigated as a crime, published statistically as a crime and paid by the insurance company as a crime, in reality it is a crime that never happened.

Automotive Forensic Examiners

A Forensic Examiner, as defined by the American College of Forensic Examiners, “refers to a professional who performs an orderly analysis, investigation, inquiry, test, inspection, or examination in an attempt to obtain the truth and form an expert opinion”.

This is the guiding principle for any forensic examination.  The automotive forensic examiner must adhere to proven scientific methods that produces knowledge and provides facts using a carefully organized system.  An automotive forensic examiner does not act as an investigator in that they do not investigate people, interview individuals or investigate circumstances.  An automotive forensic examiner examines vehicle parts, components or assemblies to determine their condition and/or presence.  The role of an automotive forensic examiner is limited to providing one vital piece of a puzzle.  The conclusions and opinions expressed in the forensic report must be based exclusively on the objective physical examination of the vehicle parts and components with no outside considerations or influences. This system of examination and its resulting conclusions are accepted as an industry standard. 

With the advent of the modern steering column in 1969 automotive forensic examination procedures began to be explored, developed and tested by early examiners by the mid-seventies.  Richard Pacheco, from Fall River, MA, pioneered unburned and burned vehicle examination methods as early as 1975, with many of these procedures being peer reviewed, evaluated and refined over the next three decades.  Many of these early concepts are still in use today.  Since automotive technology, especially within the past ten years, remains in a constant state of change with new locks, new materials, redesigned column assemblies, new electronic anti-theft systems (engine immobilizers) and many other electronic and physical security enhancements being introduced constantly, the learning curve never ends.   There are only two constants.  One is that if someone is going to start and operate a vehicle without a properly cut mechanical key, they must create damage, leave detectible evidence of tampering or remove parts.  The second is that without the proper physical examination of parts, components or debris, any opinions or conclusions are based solely upon theory and not on the physical evidence.

Steering Columns

The modern automotive steering column was introduced domestically in the late sixties.  These columns included a steering wheel locking mechanism, protected starter (electrical) switch and a column mounted ignition lock to protect the internal column linkage/actuators.  These new column security features effectively eliminated the simple and commonly used method of “hot wiring” the vehicle to facilitate a theft.  A thief could no longer easily access and force the wiring from the rear of the dashboard mounted ignition lock/starter electrical switch combination and touch the exposed wires to crank and start the engine.  With the introduction of the modern steering column with most components encased and secured within the column housing and shroud, a vehicle thief was now required to have the knowledge, skill and tools to create sufficient damage to access internal column components and unlock the steering wheel, unlock the gear selector (if so equipped) and operate the starter (electrical) switch.  The damage required to physically defeat the new security steering columns could now be detected and identified in both unburned as well as burned vehicles.  This ushered in the science of automotive forensic examinations as we know it today.

Unburned Vehicle Examinations

The purpose of an automotive forensic examination on a reported stolen and recovered vehicle is to determine whether or not there was any evidence or indication of damage to the vehicle ignition lock, column locking mechanism, gear selector locking mechanism or  starter (electrical) switch that would be sufficient to allow the vehicle to be started and operated without the properly cut mechanical key (physically defeated components), as well as to attempt to determine if the original equipment electronic anti-theft system (on vehicles so equipped) was present, functional, had been bypassed or was otherwise compromised.  Inspection for damage consistent with forced entry into a locked vehicle would also be part of a comprehensive examination.  Specific examination procedures must be followed, the proper equipment available and industry standards maintained.  All known methods and possibilities of compromise or defeat of the vehicle ignition lock and anti-theft security hardware must be addressed.  The conclusions of the examination must be clearly detailed in a written report with supporting photographs and/or diagrams.

Burned Vehicle Examinations

It is not uncommon for individuals to burn their vehicles believing that the ignition lock and steering column components will be consumed by the fire and any evidence of their misconduct destroyed.  This belief has no basis in fact.  It is true that parts can sustain thermal damage (melting) or thermal distortion from the fire that could be sufficient to render the examination inconclusive, but this is the exception rather than the rule. If the vital parts are secured to the steering column at the time of the fire, they will be found in the appropriate layers and location in the debris field after the fire.  The layering and collective thermal damage to the parts and assemblies in the debris field provides the examiner with a timeline that indicates at what point the parts arrived there during the fire event. 

A well trained, experienced and qualified automotive forensic examiner is proficient in both unburned and burned vehicle examinations.  Recovering, processing and examining parts and components from a vehicle reported stolen and recovered burned is particularly challenging, but certainly not impossible for a qualified forensic professional.  Processing and examining a vehicle that is often burned to completion is an art as well as a science.  Part and component identification and recovery from a field of burned and melted debris is difficult, even under the best conditions.  Layering and location of the parts in the debris field must be considered and documented, parts may be embedded in melted metal or plastic and/or thermal damaged from exposure to the heat of the fire.  After identification and recovery of the relevant parts, they must be cleaned, examined under magnification,  their pre-fire condition determined, and a definitive conclusion made with a reasonable degree of scientific reliability.

Conclusion

Automotive forensic examination procedures and methods have been developed, refined and used in practical applications for over 30 years.  Even though the science of automotive forensics has never been a secret, the overwhelming majority of the public, as well as some in law enforcement and the insurance industry, remain unaware

that this forensic discipline even exists.    

While there are a select few professional organizations that will offer limited forensic locksmith training, such as the Associated Locksmiths of America, most do not provide training in burned vehicle processing, examination procedures, part identification methods or recovery techniques.  The notable exception is the International Association of Investigative Locksmiths headquartered in Maryland.

The International Association of Investigative Locksmiths is a professional organization that not only monitors the activities and ethical behavior of its membership,  but provides training and support.  Ken Vitty of Sterling Investigative Services out of New Jersey is a trained, qualified and experienced automotive forensic examiner and has designed   comprehensive automotive theft and arson courses for the IAIL, which will award certifications based on attendance of a series of required courses and successful examination.  In addition to any formal training available, an automotive forensic examiner should be trained under a qualified and experienced examiner who can provide necessary guidance and supervision, as well as attending a variety of independent forensic locksmith courses, vehicle fire training and courses specific to ignition locks, steering columns and OEM anti-theft systems.      

The professional automotive forensic examiner is capable of examining a reported stolen and recovered vehicle, be it unburned or burned to completion, and provide a conclusion  as  to whether or not the reported theft of the vehicle was an actual crime, or identifying it as a crime that never occurred.

About the Author.  Robert Mangine has been a member of the American College of Forensic Examiners International since 1998 and is a Certified Forensic Consultant, CFC, Certified Fire and Explosion Investigator, and Certified Automotive Locksmith.  Mangine has been certified in auto mechanics by the US Department of Defense and trained in explosives and demolitions by the US Marine Corps.  He is a member of the International Association of Investigative Locksmiths, International Association of Auto Theft Investigators, International Association of Arson Investigators, National Association of Fire Investigators, as well as other professional organizations.  Robert has examined over 12,000 vehicles and has been court certified as an automotive forensics expert in seven states and the District of Columbia.  Mangine authored two chapters, combined with chapters written by auto theft experts from seven different countries, for the book “Forensic Investigation of Stolen-Recovered and Other Crime Related Vehicles”, which was published internationally in 2006.   He also provides training seminars nationwide for law enforcement, the military, insurance companies and professional organizations and instructs an Automotive Forensics class and an Automotive CSI class at the University of Nevada Las Vegas (UNLV) as a guest lecturer.  Robert Mangine founded NorthAmerican Technical & Forensic Services in 1991, which currently employs eight automotive forensic examiners nationwide.   

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