2012 Annual Report of the Interception of Communications Commissioner
Subscriber / account data was acquired on key telephone numbers and this established
that the illegal operation was a family concern.The communications data that was acquired
also led to the identification of a number of key suspects who were working behind the
scenes arranging for the collection and disposal of waste.
The Environment Agency estimated that more than 4,500 cubic metres of material had
been land filled at the site. The family also let out 51 caravans at the site which they did
not have a permit to operate. The site was not connected to the mains sewer and had its
own septic tank system. The Environment Agency checked the system, which revealed it
was inadequate.The family’s operation undercut legitimate businesses and legitimate waste
sites. The sewage seeping from the tank was a health issue and posed a risk to the water
course and ground water.
At Truro Crown Court, 8 defendants pleaded guilty to criminal offences under the
Environmental Protection Act 1990 or the Water Resources Act. The defendants will be
sentenced later in 2013 and are subject to a confiscation hearing.
Case Study 3 – Use of Communications Data - West Midlands Police
Communications data was used effectively in this investigation where a female offender
posed as an undercover police officer when committing various fraud offences. In this
guise she convinced an elderly lady to work with her to investigate how shops and banks
deal with customers. She persuaded the victim to purchase high value items, such as
iphones, for which she would purportedly be reimbursed at a later stage. At the time the
police identified the offence, the victim had been defrauded of £11,000 and had unwittingly
facilitated the purchase of between £2-3,000 worth of high value goods. The victim was
also on the point of selling her home for £138,000, which was about to be paid to the
fraudster.
At the early stages of the investigation attempts were made to identify the fraudster.
Subscriber and service use data was acquired on the fraudster’s contact numbers which
had been provided to the victim and on the phones that the victim had purchased.
Unfortunately this did not further the investigation.
However, the police were aware of a number of distraction burglaries and intelligence
suggested a known female criminal was responsible. The victim was unable to pick out the
suspect at an identity parade and, although some CCTV footage was available, it did not
provide sufficient evidence to fully identify the suspect.
At this stage a communications data strategy was devised and concentrated on a mobile
phone for the suspect that was identified through overt police systems. Service use
data acquired on this phone showed contact with the elderly lady and a number of the
victims of the distraction burglaries. Traffic data was acquired and the analysis of this data
demonstrated that the suspect had been in the vicinity of the offences.The communications
data directly led to the arrest of the suspect who was charged with 10 fraud offences. The
suspect and an accomplice were found guilty and sentenced to 8½ years and 2 years
imprisonment respectively.
9