4-23/012.00 - Theft, Petty/Grand

4-23/012.00
THEFT,
PETTY/GRAND

Cases involving property not specifically listed in this section and not having special instructions elsewhere in this Volume, will be assigned to Station/Unit patrol for petty theft and to Station/Unit detectives for grand theft.

Code as applicable:

(38) Petty Theft
(08) Grand Theft

NOTE:  If serialized property involved, enter into APS or NCIC data file.

Adult, suspect,
on-view arrest

SH-R-49
URN
38

Station/Unit
Patrol

A

If a petty theft and a private person's arrest, submit Form SH-CR-202 and have citizen sign Booking Slip.  Copy of report to Station/Unit detectives.

If grand theft, use priority 08.

Adult, suspect,
on-view arrest occurring
within a county park or recreational facility

SH-R-49
URN
38

Parks Patrol

A

If a petty theft and a private’s person’s arrest, submit Form SH-CR-202 and have citizen sign Booking slip.  Copy of report to Parks Patrol.

Advanced Fees

SH-R-49
URN
11

Fraud & Cyber
Crimes
Bureau/Fraud
Detail

This means that the victim had paid, “up front,” for a car rental, job, loans, etc., for a service or product and those services and/or product is not delivered.

An example of “Advance Fee Loan” is when either through advertisements or direct contact, individuals or businesses, who are generally in financial trouble, are contacted and offered generous loans.  The loans require an “advance fee” to guarantee the loan and start the processing of the application.  The perspective borrower is assured Anothing will go wrong--the loan is done as soon as you send in the advanced fee.”  No loan is made, victim is out his money.

Code 112 “Fraud by False Pretenses.”

Airplane and/or parts

SH-R-49
URN
08

Station/Unit
Detective

A

All thefts from cockpit of open plane as well as from unlocked or locked cabin or from interior of fuselage to be reported as burglaries.

SRD to Aero Bureau.

DOJ requires MO data on grand theft.

If petty theft, use Priority 38.

Auto

See "Motor Vehicles."

Automatic Teller
Machines (ATMs),
Theft of

SH-R-49
URN
07 or 08

Major Crimes
Bureau/Metro

A

Theft of an actual ATM Machine, in total.

Immediate notification to Major Crimes Bureau.  Metro Detail will respond.

After hours notification to the Metro Detail Lieutenant through Sheriff’s Headquarters Bureau.

Auto accessories/
contents

SH-R-49
URN
38 or 08

Station/Unit
Detective

A

Make inactive if no workable information.

Prepare SH-CR-609 if no workable information.

Cargo theft

SH-R-49
CHP-180
URN
09

Major Crimes
Bureau/Cargo CATs

A

Refer to "Stolen vehicle: Cargo theft" under Section 4-16/055.00, MOTOR VEHICLES - STOLEN for proper reporting procedures.

Cargo theft is the theft of a vehicle laden with freight.

The theft of property only from a warehouse, loading dock, or local delivery trucks or vans, shall be coded as applicable, i.e. petty theft, grand theft or burglary.  These thefts are not considered "cargo thefts."

Computer,
by use of

SH-R-49
URN
11

Station/Unit
Detective and
Computer Crimes
Unit

Immediate notification to be made to Station/Unit detectives and Fraud & Cyber Crimes Bureau, Computer Crimes Unit.

Station/Unit detectives to handle investigation until a series is detected or, at the request of Station/Unit detectives, Computer Crimes Unit may assume primary assignment.

If compelling circumstances indicate the need for confidentiality, make reports confidential.

See "Debit Cards."

See "Computers" for Automatic Teller Machines.

Code 115 - Computer Systems Crime.

Defrauding
innkeeper

SH-R-49
URN
16

Station/Unit
Detective

A

If private person's arrest, assign to Station/Unit patrol and refer victim to court.

Code 161 - Defrauding an innkeeper.

Embezzlement

SH-R-49
URN
33 or 16

Station/Unit
Detective or
Fraud & CyberCrimes
Bureau/Fraud Detail

Embezzlement is charged as a violation of  the specific larceny/theft statute.

Assign to Fraud Detail those cases that were attempted or perpetrated by manipulation of records. 

Assign cases to Station/Unit detectives which are defined by section 484(b) PC (leased or rented personal property) or cases perpetrated by the straight taking of property.

A relationship of trust and confidence (a fiduciary relationship) must exist between the suspect and the victim; the property must have been in the legal possession of the victim (not stolen); the victim must have title to the extent to allow vesting possession to the suspect; possession must be lawfully had by the suspect within the course and scope of the relationship; the suspect must put the property to a use or purpose other than in the due and lawful execution of the relationship; there must be an intent to deprive the victim permanently or temporarily of the property.

For embezzled vehicle, see "Embezzlement."

Copy of report to Fraud Detail if Station/Unit Detectives assignment.

Code as applicable:

Code 330 - Embezzlement, Felony.
Code 165 - Embezzlement, Misdemeanor.

Endless Chain
Scheme

SH-R-49
URN
11

Station/Unit
Detective or
Fraud & Cyber Crimes Bureau/Fraud Detail

If loss is under $800 assign to Station/Unit Detective and SRD copy to Fraud Detail. Endless Chain is also known as Pyramid or Ponzi Scheme.  Any scheme whereby a participant pays a valuable consideration for the chance to receive compensation for introduction of one or more additional persons into the scheme.  Charging sections are 327 PC, 487a PC and/or Civil Codes involving the sales of securities.

Code 112 - Fraud by False Pretenses.

Explosives

SH-R-49
URN
08

Arson/Explosives
Detail

A

Notify Arson/Explosives Detail immediately.

Firearms

See "Firearms."

Government Property:

-- County employees
suspected

SH-R-49
URN
08 or 38

Station/Unit
Detective

A

If location of theft is outside the Department jurisdiction, assign to Special Investigations Bureau.

If County fixed assets property is stolen, mail copy of report to the Auditor-Controller, Fixed Assets Unit; to Audit Division, if other than fixed assets (money, leased equipment, etc.).

If grand theft, use priority 08.

-- County Funds

When a Unit becomes aware of possible criminal use of County funds by employee(s) of this Department, per established policy, the unit's Division Chief or Division Director shall direct a memorandum to the Sheriff or Undersheriff, requesting a criminal investigation.

If the investigation reveals that a crime has occurred, the Sheriff or Undersheriff shall immediately notify the Director of Fiscal Administration via telephone, followed by a memorandum.

The Director of Fiscal Administration shall immediately notify the County Auditor-Controller, Audit Division, via telephone, followed by a memorandum.

At the conclusion of the investigation, the Sheriff or Undersheriff shall notify the Director of Fiscal Administration, who shall notify the Auditor-Controller of the outcome of the investigation.

--Sheriff's facility,office,
or equipment in area
NOT policed by Sheriff

SH-R-49
URN
38

Station/Unit
Detective

A

On thefts from a Sheriff's facility, office or of equipment in an area not policed by this Department, the Sheriff's unit shall make the original report to the police agency having jurisdiction.  A letter to the Auditor-Controller listing the items taken and the police agency taking the report with their report number shall be prepared for the captain's signature.  Address the letter to Auditor-Controller, Fixed Assets unit, if fixed assets were taken; to Audit Division, if other than fixed assets (money, leased equipment, etc.).  Send copy of the letter to Fiscal Administration.  See Volume 3, chapter 5, for further information.

If grand theft, use priority 08.

-- Sheriff's facility, office, or equipment in
contract city, and unincorporated areas

SH-R-49
URN
08

Station/Unit
Detective

A

Mail copy of report to Auditor-Controller, Fixed Assets Unit, if fixed assets were taken; to Audit Division, if other than fixed assets (money, leased equipment, etc.).  Also, send a copy of report to Fiscal Administration.

If grand theft, use priority 08.

-- Other County or government agency

See under appropriate
crime
classification

The law enforcement agency having jurisdiction over the crime location shall conduct the investigation.

If a County department involved and in Sheriff's jurisdiction, mail copy of report to Auditor-Controller, Fixed Assets Unit, if fixed assets were taken; to Audit Division, if other than fixed assets (money, leased equipment, etc.).

Investment Fraud

SH-R-49
URN
11

Fraud & Cyber Crimes Bureau/Fraud Detail

The essence of this type of fraud is a promise of a very high return on the victim’s investment. This often involves “real estate” fraud, but can include other types of schemes.

An example of a real estate investment fraud is when limited partnership interests and/or mortgages on residential property are sold to investors.  The real estate securing the investment is insufficient to support the shares or interests sold.  Funds are removed from the investment properties through large management and/or general partnership fees paid to insiders.  Investments are commingled.  Numerous and complex banking transactions sometimes make it almost impossible to trace funds.

Code 112 - Fraud by False Pretenses.

Livestock

See "Livestock."

Metal, Industrial

SH-R-49
URN
08

Station/Unit Detective/
Metal Theft Detail

A

Notify by telephone Major Crimes Bureau, Metal Theft Detail.

Narcotics, prescription
drugs or chemicals
used in manufacture of
same

See Narcotics and Dangerous Drugs.

Real Estate Fraud

SH-R-49
URN
11

Fraud & Cyber Crimes Bureau/Fraud Detail

There are numerous types of real estate frauds committed by individuals and/or companies. Some of the scams are: 1) Adverse Possession; 2) Escrow Fraud; 3) Foreclosure Fraud; 4) Home Equity Fraud; 5) Land Sales Contracts; and 6) Mortgage Loans.  If the responding Deputy is not sure if the incident is criminal or civil, have the complaining party complete a Consumer Fraud Questionnaire Form.

Code 117- Real Estate Fraud.

Schools, colleges,
from

SH-R-49
URN
38

Station/Unit
Detective

A

Copy of report to school authorities.

Prepare SH-CR-609 if no workable information.

Tack (saddle,harness, bridle, etc.)

SH-R-49
SH-CR-581
URN
08

Station/Unit
Detective

A

Prepare SH-CR-609 if no workable information.

Trade secrets

SH-R-49
URN
11

Fraud & Cyber Crimes Bureau/Fraud Detail

Determination needs to be made if a theft of trade secrets occurred as defined under section 499 of the Penal Code.  If a determination cannot be made then, the Deputy should have the victim complete a “Consumer Fraud Questionnaire” form (SH-CR-569).

Trade Secrets means “the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula or improvement which is secret and is not generally available to the public.”

Notify Fraud Detail immediately by phone.  The report shall be marked confidential and marked “NOT FOR PRESS BOARD.”

Code 116 “Obtaining Trade Secrets by Fraud.”

Travel Agency Fraud

SH-R-49
URN
11

Fraud & Cyber Crimes Bureau/Fraud Detail

This involves theft by false pretenses. It includes tickets purchased for foreign or domestic carriers.  This type of crime also occurs  when an individual or a  group purchase a trip that is paid for in advance and no delivery of tickets and/or transportation is made, or worse yet, when one-way transportation is provided and the victims are left stranded.  Victim shows up at place of departure (airlines, ships, etc.) and discovers that no tickets had ever been purchased, nor arrangements made for booking the group.

This section shall not be used for altered or counterfeit concert, event or theater tickets.  Refer to “Event tickets” under Worthless Document.

Code 112 “Fraud by False Pretenses.”

Trick or device (bunco), false pretenses
(fraud)

SH-R-49
URN
11

Station/Unit
Detective or
Fraud & Cyber Crimes Bureau/Fraud Detail

A

If compelling circumstances indicate the need for confidentiality, make reports confidential.

Assign to Station/Unit detectives if short change scheme used.

Assign other cases to Fraud Detail.  Notify immediately by phone and follow their instructions.

Theft by trick or device:  A form of theft whereby the possession of money or property is voluntarily transferred from the victim to the suspect but the title to the money or property is intended to remain with the victim; the suspect intended to steal at the time it came into his possession.  If the intent to steal was formulated after obtaining possession, see "Embezzlement."

Theft by false pretenses:  A form of theft whereby the possession and title to money or property is voluntarily transferred from the victim to the suspect in reliance to a material misrepresentation; the suspect intended to defraud at the time it came into his possession.

If petty theft, use priority 38, and retention (4), regardless of loss.

Copy of report to Fraud Detail.

Code as applicable:

Code 113 - Fraud by Trick/Device (over $95).
Code 114 - Fraud by Trick/Device ($95 or under).

Uniform and
equipment items
issued and owned by County

Follow procedures outlined in Volume 3, chapter 3.

U.S. Mail, theft of

See "U.S. Mail."