Intelligent investigations: the use and misuse of intelligence – a personal perspective
| DOI | https://doi.org/10.1108/JFC-04-2013-0027 |
| Date | 12 July 2013 |
| Pages | 293-311 |
| Published date | 12 July 2013 |
| Author | Barry Rider |
| Subject Matter | Accounting & finance |
Intelligent investigations: the use
and misuse of intelligence –
a personal perspective
Barry Rider
Jesus College, Cambridge, UK
Abstract
Purpose – This paper aims to address in a comparative context the role of intelligence in law
enforcement and in particular the significance of intelligence-led policing.
Design/methodology/approach – The discussion is based on the experience of the author over the
last 40 years in working in and with law enforcement authorities in a number of countries in
establishing specialised agencies and units to address serious and complex criminal activity. The
paper was presented as a key note address at an inter-governmental meeting in Buenos Aires in July
2012 of prosecutor generals and senior prosecutorial officials in South America.
Findings – The role of intelligence is seen as of critical importance to the efficacy of such initiatives.
Drawing on his experience, the author poses some serious questions as to whether what is normally
understood by the concept of intelligence-led policing is correct.
Research limitations/implications – The personal observations of the author will hopefully
contribute to the discussion of an important aspect of law enforcement upon which very little has been
written from the perspective of the intelligence community.
Practical implications – The author looks in particular at the difficulties that have arisen as a
result of the interaction of different aspects of the legal system, for the flow and reliability of financial
information. In particular, he addresses a number of recent cases before the English courts on the
liability of those who handle other people’s wealth.
Originality/value – The paper, based on the author’s experience over the last 40 years, should
contribute to the discussion of an important aspect of law enforcement upon which very little has been
written from the perspective of the intelligence community.
Keywords Intelligence,Policing, Law enforcement, Financialintelligence, Special agencies,
Prosecutions,Organised crime
Paper type Viewpoint
Introduction
This paper was presented in Buenos Aires at a meeting of prosecutorial authorities in
South America in July 2012 and was not originally intended for publication. However,
the author has been persuaded (against his better judgement) to include it in this journal
on the basis that it addresses albeit partially and perhaps parochially is sues that are
topical in many countries and in regard to which relatively little has been said by others
than those who have a vested interest in ensuring an appropriate level of obfuscation!
In approaching the important and potentially controversial issue of the role of
intelligence in policing the present writer has proceeded with more than a little
trepidation never having served as a police officer or for that matter a prosecutor. What
follows, is a discussion of a number of issues that the author is persuaded are worth
mentioning from the perspective of someone who has had the dubious privilege of
assisting in establishing intelligence led law enforcement agencies and special
prosecution units in a number of countries as diverse as Zimbabwe and Trinidad and
The current issue and full text archive of this journal is available at
www.emeraldinsight.com/1359-0790.htm
Journal of Financial Crime
Vol. 20 No. 3, 2013
pp. 293-311
qEmerald Group Publishing Limited
1359-0790
DOI 10.1108/JFC-04-2013-0027
Intelligent
investigations
293
in supporting established services in countries as different as India and Taiwan.
However, let it be underlined at the start, that while the experience of others is always
worth considering, it is fully appreciated that no two countries are the same. Therefore,
in making reference to the experience of other jurisdictions, the writer does so by way
simply of illustration and not because there is any agenda seeking to advocate a
particular approach for law enforcement. Indeed, arguably reliance by – in particular
developmental agencies, on transportable expertise in the broad area of law enforcement
has done little to improve the lot of anyone other than the expert in question.
Let it be said at the outset that the extent to which police agencies recognise the value
of intelligence varies significantly not only from one country to another, but also within
the same jurisdiction. Of course, one could spend a great deal of time in discussing
exactly what agencies and organisations are properly considered to have a policing role.
This used to be a vexed issue for among other bodies the International Criminal Police
Organisation – Interpol. The Constitution of Interpol provided for only police force to
police force co-operation. Police forces were narrowly defined for most purposes as
agencies charged with responsibility for enforcing the ordinary criminal law and their
officers having the power of ordinary arrest. Of course, the concept of “ordinary criminal
law” offences in article 3 of the then ICPO-constitution was also a controversial issue and
for many years a narrow interpretation resulted in Interpol being almost excluded from
important areas of criminal enforcement including terrorism and many types of fiscal
and financial crime. Indeed, it is arguable that particularly after 9/11 the lacunae in
traditional law enforcement created by such a narrow view of policing and the proper
remit of policing agencies, necessitated the intervention of security and other
organisations – which many consider are, no doubt with a degree of justification, not as
well adjusted to the rule of law and are certainly far less accountable than a disciplined
public service such as most traditional police forces at least aspire to be.
The determination of what is properly considered to be intelligence is perhaps an
easier one to make, but in so far as intelligence is a product involving many stages,
including collection, collation, analysis and control, inevitably an issue arises as to
whether a single agency should or can be competently involved at all stages. Indeed,
the question is made even more pertinent in that intelligence, of what ever character,
can be deployed for vastly different purposes. The necessity of involving networks
particularly at the level of collection and analysis exacerbates this issue.
Intelligence led policing – useful or merely a good excuse!
Trying, however, to keep things relatively simple – let us focus on the role of predictiv e
and tactical intelligence in better enforcing the criminal law. Strategic use of intelligence
in the management of police resources is another issue and although extremely
important, shall be left to one side. We will also largely ignore the “Black” uses of
intelligence as the writer remains to be convinced that this is a proper function for an
agency that operates within the constitutional and legal confines of any criminal
justice system. The deployment of information which may be factually true or not,
for the purposes of disrupting criminal organisations is a practice that appears to be
increasingly justified by law enforcement. While it has ever been the tool of agencies that
operate beyond or perhaps notwithstanding the constraints of the traditional criminal
justice system and in particular organisations that are often characterised as intelligence
agencies, the legal consequences of such processes are at best questionable. For example,
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