Missing Persons and the Law

Missing Persons and the Law

Missing persons and runaway cases are among the most challenging issues facing law enforcement today. A detective must consider a number of variables when there is no explanation for a person’s disappearance. Was the missing person a victim of foul play? Did they suffer an accident? Was a child kidnapped by another parent and in danger? Do they have diminished mental capacity or other high-risk health risks? Was a child abducted by a stranger? Has the runaway been lured into sex-trafficking?

According the Federal Bureau of Investigation (FBI), National Crime Information Center (NCIC), on average, more than 800,000 people are reported missing each year. Though many of the cases are resolved, approximately 85-90% of those cases are children under the age of eighteen.

As of January 31, 2018, there were 86,664 active missing persons cases in NCIC, with nearly 40,000 active juvenile missing person cases. This number is an average daily total of active missing person cases on any given day. Additionally, there were 8,645 active unidentified persons cases in the national database referred to as the National Crime Information Center (NCIC) at the FBI.

Large computer database systems are used by federal agencies.

Large computer database systems are used by federal agencies.

What is NCIC?

NCIC is a database system accessible to all law enforcement, medical examiners and coroners in the United States. When law enforcement takes a missing person report, or an unidentified living or deceased person is found, the person’s descriptive information and other pertinent data, photograph and property information is entered in NCIC.

The NCIC system regularly cross-references missing person data (files) with unidentified person’s data to find potential matches.

Ideally, every missing person’s data would be entered in NCIC; however, the issue of missing persons is quite complex.

Missing Person Laws

When a child under the age of eighteen is reported missing, police are required by a 1982 congressional mandate to immediately take a report and enter the child’s information into NCIC.

In 2003, Suzanne’s Law was passed for persons between 18 and 21 reported missing, as part of the national “Amber Alert” bill. Previously, police were only required to report missing persons under the age of 18. With Suzanne’s Law enacted, any person under the age of 21 is considered a missing child and law enforcement is now required to also take an immediate missing person report and enter the person’s information into NCIC. One drawback, many law enforcement agencies are still unaware the law exists.

For missing individuals over the age of 21; however, the determination to accept a missing person report is left up to the discretion of each law enforcement agency based upon protocol. Due to the difference existing for missing adults vs. missing children cases, resources for a missing adult can be minimal at times.

There are approximately 17,000 law enforcement agencies throughout the U.S. and many do not have the time or resources to allocate to missing person cases. According to the national Unified Crime Report during 2016, police made 10,662,252 arrests while protecting our communities and leaving police departments throughout the country stretched.

This can be frustrating for families who are concerned for the safety of their loved one.

Many times, police are reluctant to respond with searches for people who may have left of their own accord, or someone who may be living on the street. In many cases where a search response is required, due to suspicious circumstances or threat to life, an actual search can only be prolonged for so long.

(Police conducting a ground search for a high-risk missing person.

Police conducting a ground search for a high-risk missing person.

In addition, there could be jurisdictional issues complicating a search for a missing person where a person goes missing in one law enforcement agency’s jurisdiction; however, their car is found in another, causing complications in search efforts.

Many times, when an adult goes missing, there is not even a starting place or evidence left behind, and the person simply vanishes with no explanation.

Or, a loved one may go missing while visiting another country which can also tie U.S. law enforcement’s hands and causing virtually no effort to be made to find the missing person.

When a loved one is missing, it is necessary to act in a swift, efficient, and organized manner.

Hiring a Licensed Private Investigator

Often, it is necessary to hire a licensed private investigator with experience working with missing person investigations. One who will work cooperatively with law enforcement can be an asset to an investigation.

With a private investigator, there is a pre-determined time-frame to search for the missing person that can be extended until family of a missing person is satisfied all leads have been exhausted. There are no jurisdictions holding a case back when a private investigator is involved. Private investigators can travel state to state and even out of the country if warranted.

There are many different situations where a private investigator can be of assistance in a case, such as:

  • Searching for loved ones who have voluntarily disappeared.
  • Long-term missing persons/cold cases.
  • Minors who may be been victims of human trafficking or kidnapping.
  • Missing persons with diminished mental capacity.
  • Individuals missing due to suspicious circumstances.
  • Individuals missing with domestic abuse history.

Private Investigator’s Tools of the Trade

When we talk tools of the trade, it is important to note, nothing can take the place of good old fashion “Sherlock Holmes” investigative techniques and pounding the pavement. Private investigators have the benefit of working independently and making rapid decisions benefiting an individual case, sometimes operating outside of the boundaries of what law enforcement’s capabilities. Such as, tracking a potential suspect without requiring a warrant, questioning witnesses, interviewing suspects, and even paying informants when necessary.

Surveillance photographs of a suspect in a sexual assault case in Boulder, Colorado.

Surveillance photographs of a suspect in a sexual assault case in Boulder, Colorado.

Private investigators can conduct background checks, court and other records searches, financial records, work and employment information, identify coworkers, business associates, and friends, analyze computers and social networking information, conduct surveillance and search facilities such as jails, mortuaries, and hospitals.

In cases where an individual is missing in another country, a private investigator can travel to identify and interview potential witnesses or suspects and work with the American consulate to better effect an investigation.

Private investigators will work in cooperation with a law enforcement agency.

Private investigators will work in cooperation with a law enforcement agency.

A missing persons investigation is a thorough examination of circumstances involving a missing person’s disappearance and every stone must be turned when time is of the essence.

Because private investigators are not limited to one jurisdiction, they often have a network of other private investigators, law enforcement, and nonprofits to assist if necessary, ensuring all resources are being utilized.

Many private investigators have previous criminal investigation experience and worked for local, state and federal agencies throughout their career, expanding their knowledge base and skills.

If a family of a missing person is unable to get law enforcement to take a missing person report or believe they have not been properly categorized as a “high risk” missing person, private investigators can investigate and present information to the law enforcement agency to reevaluate their initial determination and effect a missing person report.

Following are investigative activities licensed private investigators may assist with:

  • Identify circumstances of the missing person’s disappearance
  • Determine where the person was last seen
  • Investigate potential crime scene and photograph documentation
  • Interview the reporting party
  • Interview potential witnesses and/or suspects
  • Develop list of all known associates
  • Communicate with law enforcement details of the case that can assist in making a missing person report or assist an existing police investigation
  • Ensure missing persons information has been properly documented and entered into NCIC and other databases
  • Systematically canvas area, question local community members, businesses, etc.
  • Identify personal belongings that should be saved and can be turned over to law enforcement authorities for DNA testing, if necessary
  • Work with media when necessary
  • Identify additional resources
  • Provide guidance

When a loved one is missing, time is of the essence and it is critical to identify the circumstances of the person’s disappearance. When considering hiring a private  investigator, it is important to remain cognizant there is only so much that can be done by law enforcement; whereas, a private investigator can devote full attention to a case ensuring the proper steps are taken to search for a loved one.

Missing Persons – Jasmine Moody

Missing Persons – Jasmine Moody

MISSING PERSONS

What Happened to Jasmine Moody?

Jasmine Moody, 22, vanished on December 4, 2014, during a visit to Detroit, Michigan

In late November 2014, Jasmine Moody, a Texas Woman’s University honor roll student, went to visit a friend in Detroit, Michigan. She disappeared, December 4, 2014, at approximately 7:30 p.m. leaving her friend’s home, around the 3700 block of Baldwin. This location is situated in the Van Dyke and Mack area of Detroit. Her disappearance has baffled police and her family is convinced foul play is involved.

Moody was scheduled to return home to Texas on December 5, 2014

Moody was scheduled to return home to Texas on December 5, 2014

According to a Detroit Fox 2 report, “Mystery of what happened to Jasmine Moody continues 1 year later,” private investigator Scott Lewis said, “It was a December night, it was cold outside, 7:30 at night.” Lewis was hired by Moody’s family in a desperate search to find her. “Jasmine left the home with no tablet, no telephone, no money, no credit card, dressed in a sweatshirt. And she’s never been seen again,” Lewis added.

Moody was wearing a white hoodie with a burgundy “University of Texas” logo on the front and blue jeans.

“I thought she went for a walk. I went for a walk to grab a cigarette and came back, but Jasmine didn’t,” her friend Brittany Gurley told Detroit News. “I don’t know anything. I went searching myself and came up with literally nothing,” she said.

Internet Relationship

During mid-2014, while living in Texas, Jasmine had pursued an Internet relationship with Brittany Gurley who lived in Detroit. She decided to travel to Gurley to spend the Thanksgiving holiday, arriving on November 25th. She had visited Gurley at her east side residence in Detroit several times before.

The girls had met on Twitter and had a romantic relationship for approximately two years.

Moody was scheduled to return to Texas December 5th. Gurley stated, “She and Moody got into a fight over a Facebook post.” She continues on claiming Moody “stormed” out of the house. Gurley went out for a cigarette and when she returned several minutes later, Moody was gone. The following day, Moody’s mother Fa’Lisa Nichols desperately tried calling Moody but there was no answer. The calls became more frantic as Nichols talked to her daughter every day on the phone.

Moody’s mother did not know her daughter was missing until a week later because Gurley and her family never called her to inform her of the incident. Nichols believes Gurley knows more than she has told police.

In November 2015, Moody’s mother along with Moody’s stepfather Patrick Kidd went to Detroit and joined volunteers who searched a mile radius around the location where Moody was last seen, hoping someone would come forward with information.

“It’s been a year,” said Kidd, Jasmine’s stepfather, “I haven’t heard her voice. I don’t know if she is alive or if she is dead.”

Moody’s parents have gone to Detroit several times to search for their daughter. Photo courtesy of Detroit News 7.

Moody’s parents have gone to Detroit several times to search for their daughter. Photo courtesy of Detroit News 7.

Morton is not alone in her assumption Gurley is hiding information about Moody’s disappearance.When Fox 2 Detroit News asked a volunteer, Chelsea Morton, if they felt Gurley had something do to with Moody’s disappearance she responded, “Of course. How could she just walk out in the cold? No shoes, no phone, no nothing.”

“Someone knows,” said Malik Shabazz, a community activist. “I believe the people in that house right there,” as he pointed to Britney Gurley’s family’s home.

Family wants another investigation

Moody’s family petitioned Michigan Governor Rick Snyder on Change.org “I Want Michigan State Police to Investigate More on Britney and her family,” demanding police conduct a full and complete investigation and interrogation of Britney.

Moody is described as a stable young lady by her parents. During an interview with Tamara Thompson of “Real Talk with Tamara,” Nichol’s was asked if she felt her daughter’s disappearance is suspicious. “I do, I do. I do feel it was suspicious. If she was the type who ran away or disappeared from time to time, I might not be as worried as I am right now. But that doesn’t describe her at all . . . so, with that being said, it is suspicious,” said Nichols.

Nichol’s and her daughter spoke every day on the phone. “This is just not right. I know something is just not right,” Nichol’s said.

Days pass, months, now years – for a mother desperate to know what happened to her daughter.

Moody’s phone, laptop and everything she had with her was found at the home of Gurley. “Jasmine would go nowhere without her phone,” said Nichols.

Moody’s mother Fa’Lisa Nichols had a bad feeling about her daughter Jasmine Moody going to Detroit.

Her mother had discouraged her from traveling to Detroit telling her daughter she had a bad feeling. Moody responded, “Mom, you are so dramatic!”According to family, Moody knew no one else in Detroit and would have felt uncomfortable alone; therefore, she would not have left on foot.

It has now been three years without hearing her daughter’s voice. “It just hurts me to know somewhere out there knows something and people can be so cruel and sleep at night and know someone is hurting over their loved one,” said Nichols, “I know something has happened to her.”

Gurley’s friends and her family have not cooperated with police according to Nichols. In fact, when Nichols called and spoke to Gurley’s mother to ask what happened with her daughter the night Moody disappeared, Nichols believes their stories sounded rehearsed.

“Somebody did something. Her mother knows something,” said Nichols. “This has gone on way too long.”

Nichols describes a very close relationship with her daughter and having a very disturbing experience the night Moody vanished. While sleeping, the night of December 4th, Nichols suddenly awoke and heard her daughter’s voice say, “Help me, Momma.” The following day she couldn’t dismiss the feeling and arrived at work with tears in her eyes. She called her daughter’s phone. No answer.

Nichols describes that day beginning a 3 year nightmare and turning her entire life upside down.

Nichols claims, “In the beginning, the detectives from the Detroit Police Department did not stay in touch regarding the case. No updates, no return calls and they had not even entered Moody’s information into the FBI National Crime Information Center (NCIC) correctly. Since then, a new detective was assigned who calls to check in and has been very responsive making each passing day “not knowing” a little easier.

Where is the attention?

A young black woman goes missing. Where is the national media attention? Moody’s disappearance generated some local media attention initially; however, no mention on national news.

Families of African American Missing feel the disparity and claims it is nothing new. With the help of Black and Missing, a Washington, D.C., nonprofit, Moody was profiled in the November 2015 issue of Essence Magazine, “Bring Her Home for the Holidays: Jasmine Moody.”

In comparison to other missing person cases such as Natalie Holloway, Chandra Levy, and Laci Peterson, the news media coverage has been minimal.

Black and Missing Foundation works with the families of the missing, media and law enforcement nationwide to ensure equal attention and resources are available to every black missing adult and child. The nonprofit has become well-known for addressing the disproportionate amount of media attention and cited in hundreds of articles throughout the United States.

Black and missing

According to statistics on the Black and Missing website, as of 2011, there were 692,944 entries of missing persons in the FBI’s NCIC system, of that 33% were black missing persons totaling 229,736.

There is a $2,500 reward offered for information leading to the whereabouts of Jasmine Moody and the prosecution of anyone involved in her disappearance. If anyone has information about the whereabouts of Jasmine Moody, please call Crime Stoppers at 1-800-SPEAK-UP.

A Mother and Daughter Disappear: A Case of Parental Child Abduction?

A Mother and Daughter Disappear: A Case of Parental Child Abduction?

Kimberly Ching Sullivan and her daughter, Kira Gusman, went missing after LII - Photo | Mom and Daughter Missing NCmaking a trip to the grocery store in Burlington, North Carolina. The pair never returned to their car. They were reported missing at 3:30am last Saturday morning by Kimberly’s wife Sherri Sullivan. Police have stated that they do not believe foul play was involved; the pair is believed to be together and not in danger. The police have given no further updates about the mother and daughter’s whereabouts.

Parental Abductions:

Stranger abductions make up the smallest portion of all reported abductions. The majority of child disappearances fall under the category of parental abductions or family kidnapping. A major study found that 203,900 kids were victims of a family abduction and only 28 percent of these abductions were reported to police. 44 percent of child abducted by a family member were under 6 years old. The report found a disparity in who participates in parental child abductions; 53 percent of family abducted children were abducted by their biological father, while only 25 percent of these children were taken by their biological mother.

Tracy Morse, the co-founder of American Parental Abductions Resource and Support Organization (APART), has previously stated, “There’s a perception in the public and among law enforcement, that when children are abducted by their LII - Photo | Parental Family Abductionsparents that they’re safe, and that just isn’t true”. Parental abductions are a large problem when the statistics are taken into account; the FBI has conducted an analysis of all the child abduction cases where the motivation was known and found that parental abductions have increased from 9 percent in 2010 to 50 percent in 2012. Moreover, family abductions are generally thought of as a subcategory of disappearances and not given individual attention.

Characteristics of family abducted children:

  • Younger children appear to be particularly vulnerable
  • Older teenagers account for a small percentage of victims of family abductions

Reasons parents abduct their children:

  • To force reconciliation or interaction with the other parent
  • To punish the other parent
  • Out of fear of losing custody or visitation rights

Families are more at risk for parental child abductions if a parent:

  • Previously abducted your child
  • Threatened to abduct your child
  • Does not have strong ties to the area in which your child lives
  • Has friends or family members that live in another state or country
  • Has a history of domestic violence or child abuse
  • Feels alienated from the legal system
  • Does not have a stable job or is not financially tied to any area

Preventing Parental Child Abductions

There are simple steps parents and family members can take to decrease the risk of abduction, such as taking pictures of your child, keeping a record of your child’s LII - PHoto | FBI  SSN, seeking counseling, and notifying daycares and schools about who is allowed to pick up your child. There are greater steps parents can take to try to prevent abductions, such as obtaining custody orders that define custody and visitation rights, asking law enforcement and the appropriate authorities to step in, or flagging passport applications for your child in order to prevent the other parent from taking your child out of the country.

Preventing abductions is important because just as stranger abductions can be extremely dangerous, so can parental child abductions. The FBI listed several parental abduction cases that turned violent.

One case involved a mother without custodial rights abducting her 8-month-old son from his father. She lied and told the boy’s father that she killed the 8-month-old boy in order to prevent the father from using his custodial rights and to punish the father for being involved with another woman.

In 2012, a non-custodial father killed his seven and five year old children after he abducted them. He was allegedly angry over not being afforded sole custody of his children. An FBI analyst in the Violent Crimes Against Children Intelligence Unit On dutyhas stated “In contrast to international parental child abductions, our analysis indicates that domestic custodial abductions are more likely to have violent outcomes for children”. Even though family abduction victims are perceived to be in less danger than stranger abduction victims that is not always the case and families should always report abductions to law enforcement.

 

Author Tiffany Walker, Lauth Investigations

 

International Parental Abduction: What You Need To Know

International Parental Abduction: What You Need To Know

Every 40 seconds in the United States, a child becomes missing or is abducted. Scary, huh? However, contrary to popular belief, many child abductions are not carried out by strangers. The reality is most children who are kidnapped are taken by their own parents.

Parental Abductions: Why Do They Happen

According to the latest stats, nearly 204,000 were victims of family abduction in 2014. This is done for a wide variety of reasons, but usually occurs when a custodial order is not viewed as being “fair” by one of the parents.

When this parent is allowed their court-appointed time with their child, they choose to leave the area and not return their child to their custodial parent. Leaving the area doesn’t necessarily mean they leave the state. It might just mean that they don’t return to their home or return the child to their home.

International Parental Abductions: The Trend

International parental child abduction rates have dropped by 12.23% over the last 4 years—however, that’s still not high enough in our books.

Child victims of international parental kidnapping are often taken from a familiar environment and suddenly isolated from their community, family, and friends.  They may miss months or even years of schooling.

The child may be moved to multiple locations in order to stay hidden or out of reach of the parent remaining in the United States.  In some cases, the child´s name, birth date, and physical appearance are altered or concealed to hide identity.

Via Supertrooper/FreeDigitalPhotos.net

Pictured: German Flag (Via Supertrooper/FreeDigitalPhotos.net)

One Mother’s Nightmare

At Lauth Investigations, we’ve handled quite a number of parental abduction cases for our clients over the years. One of our more high-profile cases involved the kidnapping of Jasmin, 9, and Felix, 6, of Germany.

Several years ago, their father abducted them to the United States, prompting the mother, Susanne, to take every necessary action to return them back to Germany—but it was no easy task.

She reached out to lawyers in Germany and the USA, the FBI, the American embassy as well as organizations that specialize in parental abduction cases. However, none of these agencies appeared to move fast enough or provide her with the answers she so desperately needed in a timely manner.

That’s when she reached out to us. To make a long story short, it took us just two days to learn that Susanne’s children were living with their father in Charlotte, N.C. Local authorities were contacted and they eventually took the children, placing them temporarily in foster care. As soon as she learned the news, their mother left Germany to see her children after nearly two month of them being taken from her.

A Lesson Learned 

Eventually, a judge soon ruled in Susanne’s favor. She was able to return with her children back to Germany. Unfortunately, like many parents involved in similar cases, Susanne made the mistake of solely relying on the authorities for help. In fact, he cost her six weeks.

“Police, youth welfare office, embassy, Federal Office of Justice are all necessary, but don’t help searching,” she told a German newspaper. “You, yourself, have to take the first steps, take care and take advantage of the experience of others.”

The Challenges Of International Parental Kidnapping

Resolving child custody issues can be quite challenging and often times emotional. When that battle over custody transcends across the globe and jurisdictions of different countries, there is always a heightened level of complexity involved—especially when there may be communication barriers.

In the United States, federal law prohibits a parent from removing a child from this country or retaining a child in another country with intent to obstruct another parent´s custodial rights.

However, it’s important to understand: The FBI has no investigative jurisdiction outside the U.S., except on the high seas and other locations specifically granted by Congress.

Hague Convention On The Civil Aspects Of International Child Abduction

This is the primary, go-to civil law mechanism for parents seeking the return of their children from other treaty partner countries.  Countries that are party to the Convention have agreed that a child who was habitually resident in one Convention country, and who has been removed to or retained in another Convention country in violation of the left-behind parent’s custodial rights, shall be returned.

Once the child has been returned, any custody dispute can then be resolved in the courts of that jurisdiction. The Convention, however, does not address who should have custody of the child; it addresses where the custody case should be heard.

To learn more, click here.

The Bottom Line

The circumstances of every abduction case are different and each requires a tailored response.  It’s so important that you call and discuss your child’s case with a country officer as soon as possible to determine options available to you in seeking the return of your child. However, don’t completely rely on law enforcement authorities to locate your child. Take matters into your own hands and seek the help of an agency who specializes in international parental kidnapping cases. They can guide you in the right direction.

Need Help?

Lauth Investigations and Thomas Lauth are experts in helping families locate missing loved ones.

While each missing persons case is different and results will vary, Lauth has been helping families for more than 20 years and boasts nearly an 85% success rate.

If you or someone you know need assistance, call them today at 1.800.889.FIND or 317.951.1100.

Kidnapping Victim Samantha Koenig

Kidnapping Victim Samantha Koenig

Samantha Koenig Disappearance

Police say Samantha Koenig, 18 year old from Anchorage, AK disappeared from her place of business around 8pm Wednesday, February 1, 2012. Samantha worked as a barista at a popular coffee shop at a busy intersection. Police say Samantha was on camera being forced to leave the coffee shop by a man dressed in all black, but are unsure if this was the same man Samantha had filed for a restraining order against earlier this year.

It is believed that the man was armed, and headed toward the Old Seward Highway. Samantha’s boyfriend, Dwayne, had planned on picking her up that night when she got off work at 8pm, but was held up by his own job, states her father. Along with Samantha missing, so was the money that had been in the cash drawers that evening.

Melanie Ornelas, Common Grounds barista, said that when she arrived in the morning, it was apparent that no one had cleaned, but it did not immediately raise any concerns. She noticed that Samantha’s things were still in her cubby in the back and she had left a note asking if she was scheduled to work that Saturday.

Background on Samantha Koenig

Determined to get a job, James Koenig Jr, Samanatha’s father, stated that he did not want her to work there in the first place. He wanted her to explore other options such as nursing or veterinary school, as they had previously talked about. Keonig also says that Samantha had filed for a restraining order against a man that she did not know for very long, but then was scared to show up to the court date for fear of he might do something. Samantha had only worked at the coffee shops for a few months before she went missing. Co-workers describe her personality as bubbly and energetic.

Rewards have been offered.
Description of Samantha Koenig
Gender: Female
Race: Caucasian
Complexion: Medium
Height: 5’4”
Weight: 160
Hair Color: Brown
Eye Color: Brown
If you have any information please call the Anchorage Police Dept. at 907-786-8900.

Alexis Mills is a Volunteer for the MissingPersonsNetwork.org and a recent graduate of Purdue University