Washington State Gambling Commission

Transcription

1 Washington State Gambling Commission Criminal Intelligence Unit Illegal Internet Gambling Investigations From Intelligence to Case Presentation NAGRA New Orleans 2008 Presented by: Special Agent Supervisor Richard Herrington Criminal Intelligence Unit Telephone: Cell:

2 Illegal Internet Gambling Online Casinos, Sports Betting, Bingo, and Horseracing Most are being operated from off shore locations Primary Federal Law is the Wire Act Not an authorized activity in Washington and is a Class C Felony Internet Gambling Types of Internet Gambling Bingo Casino Games Poker Sportsbooks

3 Internet Gambling Task Force Initiated by Washington State in September 2005 Informal Task Force format for information sharing, updates, planning LEIU 28 CFR 23 Intelligence Sharing Guidelines Enforcement, Regulation/Legislative, Education Currently has actively participating or assisting: 15 States 4 Federal Agencies Canadian RCMP, IIGET and 2 Gaming Commissions World Influences European Court of Justice Decisions UK, Ireland, Channel Islands, Malta and Gibraltar Caribbean Antigua Barbuda WTO General Agreements on Trade Unlawful Internet Gambling Enforcement Act

4 State Impacts Tax Revenue Loss Non-Regulatory Environment Enforcement/Manpower Issues Training Technological Advances Intelligence Sharing Money laundering, BSA requirements Law Enforcement, Tribal Where Do I Start? Prepare for Information Management & Overload YOU HAVE TO HAVE A PLAN

5 Intelligence Strategic Intelligence Report Strategic Assessment Impacts International, National and State Enforcement Issues Threats and Impact Levels Current Criminal Capabilities Recommended Enforcement Roles Change in National Policy Impacts Agency or Department Strategic Plan Utilization of the Intelligence Process Investigative Challenges Resources Time Tools and Technology Jurisdictional Issues Off Shore US Territory Priorities..so many targets so little time Vital Service Providers (Tout Services) Online Gambling Entities Click for Pay site (hyperlinks) Automated Clearing Houses (ACH)

6 Investigative Approaches Undercover Operations Identification of U.S.Vital Service Providers An internet website or page which provides hyperlinks to illegal offshore gambling sites - Georgia - Florida and Canada - Florida Combination umbrella cases Investigative Approaches Transfer of money through credit cards, bank transfers, or third party systems Primary focus currently is following the money through the ACH

7 Where Do I Start? Obtain & Use COLD Computer Obtain Non-Network Internet Access Broadband, DSL Wireless Cellular Create Cold Account like Gmail Create Financial Account through third party pay service: Obtain an undercover Mailing address which is authentic Where Do I Start? Obtain Internet Mining Tools preference for Google NeoTrace - TraceRoute WhoIs Nettools Develop a Checklist Research Suspect Web Site (technical data) Identify VSP S and Determine Priority Web Sites

8 Basics Media capture Camtasia and Snagit Main case report Backgrounds on suspects, business and financials - casinocity alexa1 alexa 2 aboutus1 2 Suspect webpage (technical data) and Vital Service Provider Game Play Keep accurate notes Focus on investigative strategy Sports book Casino Games Poker Wagering Considerations $100, $250, $500, $1000 Offset on other sites Recording the Evidence Video Capture (Camtasia Capture) Image Capture (Snag it, print screen)

9 Case Report Contents Main Case Report Suspects background information Business background information Financial background information Technical Data collection Transaction Record of Wagers Digital Evidence Search Warrants and Subpoenas Other Agency case reports Seizure Report Documentation

10 Documentation Data Collection Worksheet Transaction Record of Investigative Funds Gambling Activity Report Compilation Cases Parallel Investigations Vital Service Providers Technical Data Collection The Facts aka the Report Options for Charging Intelligence and Information Backgrounds Criminal History Suspect and Suspect Business Financial Online Articles Gambling_Commission_Style Continual -washington-state-gambling-commissionstyle/

11 Laws and Legal Considerations Federal Laws Title 18 Wire Act (1084), Travel Act (1952), Internet Gambling Business (1955) are the most applicable Others RICO, Money Laundering (1956), Racketeering Patriot Act Computer Crime, Electronic Evidence ( , pen registers) IRS Code Gaming, Money Laundering, Gaming Fraud (tax on wagering) Bank Secrecy Act

12 Current Approach to I-gambling Enforcement Federal Illegal under 18 United States Code 1084 Transmitting Gambling Information (Wire Act) 1952 Travel Act (Racketeering) 1955 Illegal Gambling Business (Racketeering) IRS, FBI, Secret Service, USPS, ICE Enforcement Issues: Manpower Primary enforcement actions are Homeland Security, Terrorism and Narcotics Interdiction UIGEA Title VIII Sections Signed October 13, 2006 Effective Date July 1, 2007 for rules and regulation implementation Will be codified in Title 31, US Code Comments from Law Enforcement and Public sector currently on going. Does not make internet gambling illegal Does prohibit the payment for the illegal gambling Relies on existing Federal Statutes and State Law to determine if it is unlawful internet gambling Provides Definitions

13 State Laws State violation seen as a predicate act for additional charging in Federal Court Washington State Specific to internet Gambling Louisiana Specific to Utilization of the computer to commit an illegal act Current Cases US v Baron Lombardo Defining Internet Gambling Enterprise 5 th Circuit Case Mastercard Litigation Modifies Wire Act only section (a) not sections (b)(c) which does NOT require that the bets or wagers be limited to sporting events/contests alone (d) unqualified by any relation to a sport event RICO Enterprise

14 GATS & WTO No power to change U.S. Law Plain Congressional intent Only overrule if it conflicts with the Constitution Must enforce irrespective of whether statute conforms to Customary International law Wire Act is applied within the U.S. borders Subpoenas and Search Warrants Affidavit terminology Timing whether the ISP, DNS, Web Browser or the ACH Banners or Advertisers Records Forensic Examination Considerations Examples

15 Seizure and Forfeiture Washington State Federal In The United States Foreign Countries MLAT, GATS, Attachés, Local Law Asset Sharing Utilization of shared assets Equipment (general and Law enforcement) Facilities, furniture, vehicles New positions/task Forces - OT Contractual positions Law Enforcement training Purchase of Information/Evidence Education/Awareness programs Time for accounting of funds

16 Asset Sharing Don ts Payment of salaries for current positions Non LE personnel for non- LE purposes Food and beverages Extravagant Expenses Supplanting Existing Funds EVIDENCE

17 RICK S VIEW JIM S VIEW

18 ELECTRONIC EVIDENCE Primary response contact your Forensic Computer Expert prior to any search or seizure On Scene Internet Latent Computer Exam Case Presentation Education Before, During and After Utilize resources Synopsis Short Version of an Extremely Complex Case Visual Aids including the Website Link Charts, Touchgraph, Traceroute Digital Reports Digital Evidence Vwk

19 HAD ENOUGH