Category Archives: Crime

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Jacksonville Murders Force Reassessment of Active Shooter Risks

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A mass shooting at a video game tournament in Jacksonville, Florida on Sunday has once again shined a spotlight on the growing risks businesses face even as they conduct normal operations.

A lone shooter, 24-year-old David Katz, opened fire on football video gamers at a pizza restaurant, killing two and injuring at least nine before turning the gun on himself in an adjacent restaurant. Reports indicate that Katz was allegedly upset at being eliminated from the tournament. One of the deceased victims was a player who defeated Katz in a prior tournament, leading investigators to believe there had been a motive for the shooting. 

The effect of mass shootings has left Florida numb, especially since this follows the Feb. 14 massacre at Marjory Stoneman Douglas High School in Parkland, which left 17 dead and 17 injured; and the Pulse Nightclub shooting in Orlando in 2016, leaving 49 dead and 53 injured. These tragedies demonstrate that no business or venue should consider itself inherently safe and serve as reminders to risk professionals in all sectors that their organizations could be vulnerable to a mass shooting.

Public Safety
The shooting was unique in that it occurred during a live broadcast of the football gaming tournament. Gunshots were clearly audible as players delivered commentary during their simulated contests, prompting them to take cover and call the police, who responded minutes after receiving the first call.  

The incident marked the 235th mass shooting in the U.S., according to the Gun Violence Archive, an organization that collects information about gun-related violence in the country. The FBI and the United States’ Congressional Research Service consider a mass shooting to be one that injures at least four people, excluding the shooter.

In light of this increasingly commonplace threat, understanding how to respond to an active shooter situation can mean the difference between life and death. The U.S. Department of Homeland Security has provided the Run.Hide.Fight plan for guidance in what to do in an active shooter scenario.

Mental Health
As more information about Katz emerges, the links between gun violence, mental health and public safety in the United States become more evident.

CNN reported that Katz had a history of mental health issues and legally purchased a 9mm handgun and a .45-caliber handgun in Maryland. How he transported the weapons and ammunition across state lines and into the event are details still being investigated.

CNN also obtained police records that show 26 calls to the police from the Katz family home in Columbia, Maryland, from 1993 to 2009, for issues ranging from “mental illness” to domestic disputes. At least two of those calls involved Katz arguing with his mother, although none of the reports provided to CNN indicate any physical violence.

Since 2013, residents in Maryland must obtain a handgun qualification license from the state police before purchasing a pistol or revolver. That means Katz would have submitted his fingerprints, undergone a background check (which includes disqualifying individuals who were voluntarily or involuntarily hospitalized for more than 30 days), and passed a firearms safety training course to buy those guns. This scenario has been met with wide skepticism. And since some of his documented mental health issues may have occurred before the gun laws were revised, the disqualifications may not have applied to Katz.

“That clearly is an area in need of reform,” said Democratic Sen. Robert Zirkin, who chairs a Senate committee that handles gun laws.

Insurance
Risk Management magazine recently reported that companies may not be aware of potential gaps in their coverage or that the limits of their coverage, when considering active shooter incidents, are insufficient.

“You might have property coverage, but you might not have assessed your properties in specific locations against this type of risk,” said Robert Hartwig, clinical associate professor of finance and co-director of the Risk and Uncertainty Management Center at the University of South Carolina’s Darla Moore School of Business.“You almost certainly would not have crisis management under your ordinary property or liability policy. So these represent gaps that, as a risk manager, you might be unaware of.”

Beyond property damage, it can be unclear what is covered after a shooting. For example it is difficult to establish the liability for allowing an assailant on a property. “Unfortunately, the increase in the number of active shooter situations has probably gotten ahead of the law on this issue,” Hartwig said. He added that a number of states do allow individuals to carry concealed weapons much, if not all, of the time. “So it’s not necessarily the case that, just by entering the premises with a weapon, individuals are violating the law. Therefore, a business is not necessarily negligent by allowing an armed individual to enter its premises.”  

Body Scanners Installed in L.A., Tested in Other Locations

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Security scanners that screen passengers entering stations and terminals are being tested around the country and have been installed in subway stations in Los Angeles. The Associated Press reported that the machines scan for both metallic and non-metallic objects. They can detect suspicious items from a distance of 30 feet and are capable of scanning more than 2,000 passengers per hour. About 150,000 passengers ride on the Metro’s Red Line daily and the subway system counted more than 112 million rides last year, the AP said.

The New York Times reported that the federal government has been studying the technology for 15 years. The Transportation Security Administration (TSA) partnered with the Los Angeles transit agency on the project, helping the agency test and vet security technologies. The devices purchased are made by the company Thruvision and can be placed at locations throughout the transit system, officials said.

According to the Times:

Officials in Los Angeles said that riders need not worry that their morning commute would turn into the sort of security nightmare often found at airports or even sporting events. The portable screening devices, which will be deployed later this year, will “quickly and unobtrusively” screen riders without revealing their anatomy and without forcing them to line up or stop walking, they said.

“We’re looking specifically for weapons that have the ability to cause a mass casualty event,” Alex Wiggins, the chief security and law enforcement officer for the Los Angeles County Metropolitan Transportation Authority, said Tuesday. “We’re looking for explosive vests, we’re looking for assault rifles. We’re not necessarily looking for smaller weapons that don’t have the ability to inflict mass casualties.”

On Aug. 14 the scanners were tested in the Port Authority Bus Terminal in Manhattan, where in December a man set off a crude pipe bomb in an underground subway passageway, injuring himself. It is estimated that the Port Authority serves about 8,000 buses and 225,000 commuters daily.

As the Risk Management Monitor reported, the TSA also tested body scanners in New York’s Penn Station in Manhattan in February and has conducted tests at Union Station in Washington, D.C., and at a New Jersey Transit station during Super Bowl XLVIII, the AP said.

Lawfulness of Financial Crime Data Processing Under GDPR

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Much that has been written about the General Data Protection Regulation (GDPR) relates to the burden of obtaining proper consents in order to process data. This general theme has provoked questions about whether and how financial institutions can process data to fight financial crime if they need consent of the data subject. While there are certainly valid questions, GDPR is much more permissive to the extent data is used to prevent or monitor for financial crime.

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Clients and counterparties will often be more than happy to consent to data processing in order to participate in financial services. But consent can be withdrawn, so offering individuals the right to consent will give the impression that they can exercise data privacy rights which are not appropriate for highly-regulated activities.

Rather than relying on consent, the GDPR also permits (1) processing that is necessary for compliance with a legal obligation to which the controller is subject and (2) processing that is necessary for purposes of the legitimate interests pursued by the controller or a third party.

Some areas of financial crime prevention are clearly for the purpose of complying with a legal obligation. For example, in most countries there are clear legal obligations for monitoring financial transactions for suspicious activity to fight money laundering. The European Data Protection Supervisor stated in 2013 that anti-money laundering laws should specify that “the relevant legitimate ground for the processing of personal data should… be the necessity to comply with a legal obligation by the obliged entities….” The fourth EU Anti-Money Laundering Directive requires that obliged entities provide notice to customers concerning this legal obligation, but does not require that consent be received. And the U.K. Information Commissioner’s Office gave the example of submitting a Suspicious Activity Report to the National Crime Agency as a legal obligation which constitutes a lawful basis.

Very few commentators have attempted to cite a legal authority for anti-fraud legal obligations. The Payment Services Directive 2 (PSD2) requires that EU member states permit personal data processing by payment systems and that payment service providers prevent, investigate and detect payment fraud. But PSD2 has its own requirement for consent and this protection may fail without adequate implementing legislation in the relevant jurisdiction. Another possible angle is that fraud is a predicate offense for money laundering, and therefore the bank has an obligation to investigate fraud in order to avoid facilitating money laundering.

“Legitimate interests” are also permitted as a basis for processing. However, this basis can be challenged where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Financial institutions may not feel comfortable threading the needle between these ambiguous competing interests.

The GDPR makes clear, however, that several purposes related to financial crime should be considered legitimate interests. For example, “the processing of personal data strictly necessary for the purposes of preventing fraud also constitutes a legitimate interest” and profiling for the purposes of fraud prevention may also be allowed under certain circumstances. It is also worth recognizing that many financial market crimes such as insider trading, spoofing and layering are often prosecuted under anti-fraud statutes.

Compliance with foreign legal obligations, such as a whistle-blowing scheme required by the U.S. Sarbanes-Oxley Act, are not considered “legal obligations,” but they should qualify as legitimate interests.

While legal obligations and legitimate interests do not cover all potential use cases, they should cover most traditional financial crime processing.

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Some banks have been informing their clients that a legal obligation justifies their processing for AML and anti-fraud. Others have included legal obligations and/or legitimate interests as potential justifications for a laundry list of potential processing activities.

While the GDPR became effective earlier this year, financial institutions will continue to fine-tune their approaches based on continuing familiarity with the requirements and legal and regulatory developments. Financial institutions need to revisit their client notifications to make sure that they have disclosed their data processing in a manner that reserves their rights for financial crime purposes. They should also confirm that their financial crime processing adequately falls under a defensible basis. And with this basic housekeeping performed there is hopefully little disruption to their financial crime and compliance operations.

Multiple Risks to Watch Out For at 2018 World Cup

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Above: Luzhniki Stadium in Moscow 

The 2018 World Cup tournament began on June 14 and lasts until July 15. Thousands of fans will travel to Russia for the event, which consists of 64 matches and 32 teams in 11 cities. Like other mega events, it presents countless challenges for a number of industries including construction, travel, hospitality and security.

Circuit Magazine for security specialists reports that threat for terrorism is high, as there have been attacks in Moscow and the North Caucasus and most recently, a suicide attack on a Metro Train in St. Petersburg. It notes, however, that “Past performance in security terms of Russia at large events has been very strong, the Sochi Olympics was well controlled with no terrorist incidents affecting fans.

Based on our assessment we continue to recommend that any attendance at large events, or corporate travel in Russia is supported by additional risk management measures.”

The article also recommends that attendees remain vigilant in public places, adding that to address this risk, security has been increased at airports and transportation hubs. It warns of street crime, including pickpocketing, that targets tourists. “Bogus police officers have harassed and robbed tourists.

If you are stopped always insist on seeing identification. Avoid openly carrying expensive items, or anything that might easily identify you as a tourist. Avoid walking about late at night alone,” Circuit warned.

Not to be overlooked are health concerns.

The European Centre for Disease Prevention and Control (EU/EEA) recommends in a recent report that anyone traveling to Russia for the games make sure their vaccinations are up-to-date, particularly for diphtheria, hepatitis A, hepatitis B, measles, meningococcal infection, mumps, pertussis, poliomyelitis rubella and tetanus. According to the EU/EEA:

“As is often the case with mass gathering events, during the 2018 FIFA World Cup in Russia visitors may be most at risk of gastrointestinal illness and vaccine-preventable infections. The risk of being affected by gastrointestinal illness can be reduced by employing standard hygiene measures including regular hand washing with soap, drinking safe water (bottled, chlorinated or boiled before consumption); eating thoroughly cooked food and carefully washing fruit and vegetables with safe drinking water before consumption.”

It added that while outbreaks and spread of vaccine-preventable diseases are of particular concern during such mass gatherings. “there are no indications that the risk is higher than usual.”

Beazley notes that many of the 2018 World Cup’s risks impacting various industries will be covered by the London insurance market. The insurer outlines some of the key risks and their likely insured values: