Criminal Investigation Division Procedure

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SOP: 7CAV-R-023, Criminal Investigation Division

  • Version: 1.0
  • Effective: 22 April 2011
  • Approved by: LTG. Mack, W.


THIS DOCUMENT MAY NOT BE EDITED WITHOUT COMMAND STAFF APPROVAL.


Contents

Purpose

The purpose of this Standard Operating Procedure (SOP) is to provide the requirements for fulfilling the duties and responsibilities of staff members of the Criminal Investigation Division (CID) in the 7th Cavalry Regiment.

Scope

  • Opening an Investigation
  • Conducting the Investigation
  • Closing an Investigation
  • ELOA Investigation

Role & Responsibilities

Role Responsibility
Security Operations Chief
  • Ensure that CID operates in compliance with this procedure.
CID Officer in Charge
  • Ensure that CID staff is trained and follows this procedure.
  • Review CID investigation for compliance with 7th Cavalry Regiment policies and procedures.
  • Organized and schedule ELOA investigations every quarterly.
CID Staff
  • Investigates members on ELOA to ensure compliance;
  • Conduct internal investigations of 7th Cavalry members;
  • Assist JAG officers with internal investigations;
  • Conduct and assist with interviews in concert with CID/JAG/S2/MP investigations;
  • Conduct and assist with other matters as requested by the CID OIC/NCOIC, Battalion Command (through SECOPS OIC), Command Staff and Security Operations OIC.

References and Important Concepts

An administrative investigation, or commander’s inquiry, sometimes termed as a 15-6 investigation, is a data-gathering tool for the commander and is directed by an officer or a board of officers of the Command Staff to ascertain facts and make findings and recommendations. These investigations are administrative and can be performed for a number of situations or incidents, including those involving property and personnel. These are separate from CID criminal investigations, however CID may use information collected in these for criminal investigative purposes.


NOTE: Due to the nature of CID investigations, all information is deemed classified and is not to be disseminated outside of CID without the expressed approval of the CID OIC/NCOIC, JAG OIC or the Security Operations OIC. Doing so is a breach of security and can/will result in disciplinary actions, including dismissal from CID and/or the 7th Cavalry.

Opening an Investigation

  • CID Investigators open and/or initiate investigations on internal security matters of the 7th Cavalry regiment. Due to the nature of CID investigations, CID investigations are initiated by one or more of the following:
    • Command Staff
    • Security Operations OIC
    • Military Police OIC
    • JAG OIC
    • Criminal Investigations Division OIC
    • Criminal Investigations Division NCOIC
  • As such, CID Investigators are instructed not to initiate investigations without obtaining prior authorization. We are to the 7th Cavalry Regiment as Internal Affairs is to a law enforcement department.
  • After obtaining authorization to initiate a CID investigation, a thread shall be created in the CID Investigation Area subforum (http://www.7thcavalry.us/forum/353-investigation-area/), with the following: 
Topic Title: CID Investigation (11-###) (ex: 11-001)
Topic Description: Trooper Name (ex: PVT.Billybob)
Body:
Case #:
Investigator:
Status: (Active / Pending / Inactive)
Trooper:
Current Assignment:
Details (including links to evidence)
  • Additional information/evidence submitted after the initial investigation post will be placed in a new post within the related investigation thread.

Conducting the Investigation

NOTE: It is important to understand that CID does not charge subjects of investigations with crimes. CID investigates allegations of wrongdoing and once an investigation is completed, turns the findings over to the appropriate command and legal authority for disposition and adjudication. Once the subject is charged with a crime, that information may become public record through an Article 32 Hearing, Courts Martial etc. As a matter of policy, CID does not confirm when someone is the subject or suspect of an ongoing criminal investigation due to the person’s Constitutional due process and Privacy Act rights. To prevent premature speculation about a case, when CID conducts an investigation, investigators are obligated to protect the integrity of those investigations by not discussing the details of ongoing investigations. Additionally, some of the reasons why CID does not release this information is to prevent “suspects” from destroying possible evidence, fleeing the area and to prevent witness tampering. CID investigates allegations of wrongdoing and once an investigation is completed, turns those findings over to the appropriate command and legal authority for disposition and adjudication. Once the subject is charged with a crime, that information is beyond the purview or control of CID. It's also important to note that an allegation of wrongdoing or the fact that an investigation has been opened does not necessarily in and of itself imply guilt or innocence.

Interview/Interrogation

  • During an investigation, interviewing 7th Cavalry members can fall under two different categories:
    • Interview
    • Interrogation
  • Conducting Interview and Interrogation
    • During an interview, no recording is required as those involved are merely in a discussion. However, an interrogation requires an official recording of the discussion as well as the offering of JAG representation to the individual being interrogated.
    • If the trooper wishes representation but no JAG officer is available, the interrogation shall cease until a JAG officer is available. If the trooper declines representation, no JAG officer is required and the interrogation may proceed.
    • Should the trooper decide part-way through that s/he wants a JAG officer present, the interrogation shall come to a halt and one shall be afforded.
  • Following an interrogation, a synopsis of same shall be recorded in the appropriate CID Investigation Area forum thread, and the recording shall be made available upon request to CID/JAG personnel.

Closing an Investigation

  • When an investigation is closed, the final post will include final status and any necessary information. 
STATUS: CLOSED
This investigation and all supporting documentation has been forwarded to JAG for final proceedings.

- or – 

STATUS: CLOSED/UNFOUNDED
This investigation has been closed due to insufficient evidence.
  • Following the conclusion of an investigation, the CID OIC/NCOIC shall review the investigation and close the thread as deemed necessary.
  • CID investigations receive multiple layers of internal reviews during the course of an investigation. The CID OIC also conducts reviews of individual CID unit casework. Furthermore, the Security Operations OIC conducts inspections of investigations as required, as well as inspections of certain classes or types of crimes for all U.S. military criminal investigative organizations.
  • Criminal investigations take as long as required to get to the truth and determine exactly what transpired in a particular circumstance. Although time is very important, criminal investigations are conducted to a standard not necessarily to a timetable. CID is dedicated to conducting thorough and professional criminal investigations no matter how long it takes.

ELOA Investigation

Overview

  • A vital duty of CID is to investigate members of the 7th Cavalry who are on ELOA. ELOA is defined as Extended Leave of Absence, and authorizes 7th Cavalry members to fore-go their assigned duties within the Regiment during the timeframe. Also during this time, they are removed from their current combat assignment and placed on a separate roster set aside for such circumstances.
  • As has been seen, some members abuse the authorization given under ELOA, and may do by:
    • Enlistment in other clans;
    • Engage in gameplay on 7th Cavalry Regimental property (servers) without wearing their dogtags (=7Cav=);
    • Remaining ELOA past their authorized 45-day timeframe, without obtaining Command Staff authorization by submitting an additional PAF;
    • Other violations under General Orders and/or Uniform Code of Military Justice.
  • Due to this, it is necessary for all investigations to be completed in a timely and detailed manner. The findings with these investigations make the determination whether a 7th Cavalry member remains on the roster, is given a General Discharge, or up to and including a Dishonorable Discharge.
  • It shall be the responsibility of the CID OIC to organized and schedule these investigations every quarterly. The OIC shall also be responsible for assigning CID Investigators a list of troopers on ELOA for them to investigate by totaling up the number of troopers on ELOA and then assigning them equally out to the investigators starting with the highest ranked troopers assigned to the OIC and then down the chain of CID investigators as such.

Conducting an ELOA Investigation

  • When conducting ELOA Investigations, investigators are instructed to review troopers on ELOA who were assigned to them.
  • They are to find out what date the trooper went on ELOA and were advised to locate those troopers who were over the 45 day ELOA limit OR to locate those who were within 5 days or less of that 45 day limit.
  • Once discovered, the investigators are advised to make contact with the trooper via any means available (i.e. PM, Email, X-fire & phone if available) and notify the trooper of the situation and to inquire if and when the trooper plans to return to active duty.
  • The scope of this investigation also covered logging into the trooper's X-fire / Steam accounts, to check for forum activity and to utilize other web based tools such as Echelon, PBBans and gametrackers.
    • The purpose of this is to monitor the activity or possibe lack of activity from the members regarding game play time and forum activity in order to justify their reason for ELOA. This is also done as in the past during previous investigations it was discovered troopers on ELOA had joined other clans, were discovered playing on Cav supported games without their tags or using other names and/or just blatantly abusing the ELOA policy by being derelict and neglectful of their duties.
  • Troopers will be given a minimum of 72 hours to respond to the aforementioned message. If the trooper fails to do so then the investigator shall document such in his/her report and recommend the trooper’s discharge unless there are other circumstances surrounding the trooper’s absence.

ELOA Contact Template

  • The following is a template that will be used when corresponding with troopers who are under investigation for ELOA abuse. 
PVT. Billybob
The CID is conducting its quarterly audit of members on ELOA and during this it was discovered you have been on ELOA for
xxx days as of today. This is xxx days over the maximum allowed by the 7th Cavalry. I am required to inquire your 
expected return date to active duty.

There are several options you have at this point. If you need more time for ELOA then you need to submit another PAF
requesting an extension. If you do not see as if you can return to active duty due to reasons beyond your control then
you need to submit a PAF for a general discharge where you would be eligible for re-enlistment when you have the time to
return.

If you do nothing, then you will be discharged. Please respond to this PM as soon as you can. Thank you for your urgency
in this matter. 1LT. Ghost Criminal Investigation Division OIC Military Intelligence”
  • A template in Appendix B includes the template to be followed.

Appendix A, Templates and Forms

INTERNAL INVESTIGATION TEMPLATE 

Topic Title: CID Investigation (11-###) (ex: 11-001)
Topic Description: Trooper Name (ex: PVT.Billybob)
Body:
*Case #:
*Investigator:
*Status:
*Trooper:
*Current Assignment:
*Details (including links to evidence)

SUPPLEMENT 

Case Status: (NO CHANGE / INACTIVE)
SUPPLEMENT
Narrative:

CLOSED 

STATUS: CLOSED
*This investigation and all supporting documentation have been forwarded to JAG for final proceedings.

CLOSED/UNFOUNDED 

STATUS: CLOSED/UNFOUNDED
*This investigation has been closed due to insufficient evidence.

Appendix B, ELOA INVESTIGATION TEMPLATE

ELOA INVESTIGATION 

ELOA INVESTIGATION
Name: Rank: ELOA Date: Expected Return Date: Last Seen X-Fire: Last Seen Echelon: Last Seen PBBans: Last Seen Forums: 
Days on ELOA: Days Over on ELOA:
Trooper Response: (A summary of the troopers response to your pm/email)
Resolution: (What was the outcome? Return active duty, no response, etc.)
Investigator’s Recommendation: (i.e. recommend discharge, etc.)

**Special Notes** --This section will be if you find trooper frequently on other servers, other Clan memberships, always
seen in TS, or in game. Just any info that you can get or come across to determine if ELOA abuse is present--

References

SOP Forum Post

Further Reading

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External Links

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