Openbaar Ministerie

1
DNA data exchange in Europe Maastricht/Heerlen
June 5 and 6, 2008
European Conference on international DNA data
exchange in criminal justice
Expert session III Relevancy of DNA data in
combat of (cross border) crime and terrorism. 3
cases.
Mr. B.G. Janssen Senior Prosecutor Forensic
Investigation Prosecutors Office Maastricht
2
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008

• Short introduction
• Border regions have large numbers of foreign
  suspects not easy to trace a criminal offence
  back to them
• DNA matches were unlikely up until recently. Only
  if a suspicion was to be founded against a
  foreigner
• New ways will lead to more successful
  prosecution easier to trace a foreign criminal

3
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008

• Three cases
• DNA data in combat of common crime
• DNA data in combat of organised crime
• DNA data in combat of Euregional crime

4
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Case 1 The Belgian Burglar on tour The
Belgian drug-dependent burglar X is in need of
drugs. He travels to his regular supplier in
Maastricht, but without cash. To fund his drug
abuse, he breaks in to houses, shops etc. in
order to obtain goods to sell for some money.
This time he decides to try his luck in an
apartment in Maastricht. He gets caught in the
act by the inhabitant, but decides to fight his
way out. He leaves the inhabitant badly injured.
The police investigate this burglary, but soon
run out of options, without having evidence to
approach anyone as a suspect. A bloodstain was
analysed, leaving Dutch authorities with the DNA
profile of an unknown suspect male. Until now
most of these cases would end like this unsolved
5
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Case 1 The Belgian Burglar on tour But since
May 19th, 2008 the Dutch authorities search
international DNA databases. Belgian burglar X is
infamous in his country. His DNA matches on a
regular basis over there. And now it matches
with a Dutch profile of a bloodstain from a
burglary crime scene. The hit was reported and
followed up by a request for legal aid by the
Prosecutors Office. Soon after that X was
convicted for his crime
6
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Case 1 The Belgian Burglar on tour The
outcome was quite predictable I guess? Never the
less, the impact of the possibility to check
international DNA databases will be enormous for
border regions. Previously unsolved criminal
cases will have to be reopened and future cases
will lead to more convictions. Common crime
can be fought better with international DNA data
exchange.
7
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Case 2 The organised crime The provinces
Limburg and Noord Brabant in the Netherlands, are
infamous for their crime rate. In particular the
south of Limburg, under the jurisdiction of the
Prosecutors Office in Maastricht, is confronted
with a high crime rate. Even when it comes to
capital offences we score high every
year. Although hard figures do not exist, it is
thought that there is a high level of organised
crime over here. One of the aspects of organised
crimes is that they do not mind our countries
borders. DNA can help prosecuting these
organisations.
8
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Case 2 The organised crime A group of people
in Limburg is suspected to be part of a criminal
organisation. Criminal investigations have not
lead to concrete evidence of the existence of an
organisation. In random order different people
were seen together, sometimes even caught in the
act together. However, it has proven to be very
hard to get evidence in all of the criminal
investigations. Only one man, Mr. Handout, has
been convicted for battering someone (a witness
against one of the other members of the
organisation!). Subsequently his DNA profile was
entered into the Dutch DNA database, following
his conviction.
9
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Case 2 The organised crime And finally there
appears to be a breakthrough in fighting this
criminal organisation. The DNA of Mr. Handout
matches with three Dutch cases, in which other
members of the group were already under
suspicion. With all the facts known about the
group, there is enough evidence to arrest them
too and obtain DNA from all of them. But in
both Belgium and Germany there are matches with
the DNA-profile of Mr. Handout as well.
10
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Case 2 The organised crime In Belgium his DNA
matches in a murder case. One of the members of a
Belgian drug-cartel was executed. Two people
already were convicted for their part in that
crime. They revealed a lot of information about
the criminal organisation that was behind this
attack, but were too scared to name any members
or their whereabouts. The man that was with them
was one of the leaders of the organisation. More
was not said about him, or his criminal
organisation. Belgian and Dutch authorities
combine there information, now they know that
theres a criminal organisation active with Mr.
Handout as one of the leaders.
11
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Case 2 The organised crime In Germany Mr.
Handouts DNA was matched to DNA from a very
violent rape. The victim stated that she was
smuggled from Eastern Europe, among with other
young girls. She claimed that she was forced to
work in prostitution. A lot of girls were victims
of the same organisation of people, of which the
man who raped her was one. She was too scared to
give names or locations. The German police have
investigated the smuggling of young girls. They
have a lot of information, also regarding some
night-clubs in the Netherlands. After this
DNA-match, they join forces with the Dutch
authorities.
12
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008

• Case 2 The organised crime
• So one DNA profile was investigated
  internationally and as a result Mr. Handout was
• Linked to three cases in the Netherlands and to
  other members of the organisation
• Linked to a murder in Belgium, with evidence of
  his leadership of a criminal organisation
• Linked to the smuggling of women from Eastern
  Europe, and also linked to night-clubs and their
  owners, giving good insight on the activities
  of the criminal organisation.

13
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Case 2 The organised crime The combination of
information, that took place after one DNA
profile revealed so many links in several serious
criminal investigations in three countries, makes
it possible for authorities in three countries to
combat organised crime successfully. Without each
others information all three would have had a
hard time to collect enough evidence. Murder,
smuggling young women and forcing them into
prostitution, using violence and even rape to
maintain control, as well as interest in the
drug-scene in which they murdered one of their
biggest competitors. All solved criminal cases.
With DNA at the start of the road to success.
14
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Case 3 Euregional crime One of the hottest
items in Dutch news, and especially in our local
news here is the problem of illegal drug
trafficking by Moroccan youngster from the
Rotterdam and Utrecht region. They approach
foreign people to see if theyre interested in
buying drugs. If so, they lead them to places
where dealers work (houses or other arranged
locations). They are often caught. They own large
sums of money (thousands of Euro cash, expensive
fast cars). Sometimes a criminal investigation
leads to the discovery of large stashes for
drugs. Up to 15 kilograms is not exceptional. But
never once has the constant selling of drugs been
interrupted. Not even for one day, the supplies
apparently are very big.
15
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Case 3 Euregional crime Thats why local
authorities try to conduct decent criminal
investigations against the manufacturers en
wholesalers of hard-drugs. XTC for instance.
The world market is still very much dominated by
Dutch criminals. In our region there have been
and still are many lab-locations. In houses,
barns, warehouses Even mobile labs have been
found. And their biggest market is on the
other side of the Dutch borderline.
Profit-margins are a lot bigger outside the
Netherlands.
16
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Case 3 Euregional crime Dutch Police find a
new lab-location in Schinveld in a warehouse.
There are no drugs there anymore. But the state
this lab is in, makes it obvious that it has been
used to produce XTC-pills on a large scale. The
owner of the warehouse is a larger company, that
cannot be connected to the criminal facts in any
way. The person named on the rental agreement,
mr. Notme, does not exist in real life. No one
can identify him from the photo of a copied (and
obviously false) British passport. A pair of
rubber gloves was found, with traces of drugs.
From it a DNA-profile was drawn, belonging to an
unknown male.
17
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Case 3 Euregional crime One week later a
drug-deal in the city centre of London was
intercepted. Three people were arrested, amongst
whom a German drug-dealer Mr. Luck. His DNA was
taken in this case and resulted in a match,
though not in the British case. The match was
with a DNA profile that was abducted from a
stolen truck, left abandoned and burned at the
Antwerp Harbour in Belgium. The truck was stolen
in Eindhoven from the terrain of Tricky Trade.
Belgian Customs managed to save a part of the
truck. Investigation learned that there were
traces of XTC inside it. The also found a pair of
gloves with traces of drugs. DNA profiling did
not result in a match in Belgium.
18
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Case 3 Euregional crime The Belgian profile
however did match in Germany. It belonged to a
Dutch inhabitant of Aachen Mr. Trick. He owns
a Dutch trucking company, Tricky Trade, and had
claimed to the Dutch Police that his truck had
been stolen in Eindhoven. He also claimed that it
was loaded with flat-screen computer-monitors
worth several hundred-thousands of Euro. Mr.
Trick claimed the amount of 650,000 with his
insurance company. However, Mr. Trick had not
counted on a DNA-hit in Germany, regarding a pair
of gloves covered in XTC!
19
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Case 3 Euregional crime The German Prosecutor
turns to his Dutch colleague, asking for a search
in the warehouse of Tricky Trade. There the
stolen flat-screens were recovered. They were
returned to the owners of course. Mr. Trick was
going to be prosecuted for insurance fraud.
During the investigation of the companies
administration Dutch Police come across a false
British passport under the name of Mr. Notme. The
picture on it was that of Mr. Trick himself.
20
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Case 3 Euregional crime It was shown to
employees of the large company that rented the
warehouse with the lab location. They recognised
Mr. Trick as the person that signed the
agreement. The passport matches exactly to the
copy that was attached to the rental
agreement. It was found in the drawer of the
companies bookkeeper. Given the photo of his boss
with the fake name, hes considered a suspect.
Since the passport was used to rent the lab
location, the bookkeeper gets swabbed for DNA
and.... His DNA matches the pair of gloves this
case started with.
21
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Case 3 Euregional crime And thus the circle
is complete Trick and Luck produced XTC in
the lab. They were going to sell it in London,
but needed transportation. The brilliant idea
came up to report one of the trucks from Tricky
Trade stolen. The cargo would be sold, as well as
claimed with insurance companies. On top of that
profit, Luck would accompany the XTC from Antwerp
to London to make one more big profitable deal.
The bookkeeper was asked to assist and for a
reasonable raise he accepted. And the happy
end? All three ended up in jail.
22
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Case 3 Euregional crime
Antwerp Harbour
Schinveld
London
Eindhoven
23
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Case 3 Euregional crime Without the German
DNA data the British Police would have had their
drug-deal for Mr. Luck. He was caught in the act.
But the Belgian Police would probably never
have found the man that torched the truck.
Following that the flat-screens would not have
been recovered, the insurance would have paid out
a lump sump. And of course the Dutch Police
would never have known who manufactured the drugs
in Schinveld.
24
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Conclusion Mr. Trick and his bookkeeper would
have lived happily ever after, if we didnt have
international DNA data exchange. From London to
Antwerp, from Antwerp to Aachen. Eventually
solving cases of arsine, XTC production, theft of
computer-monitors and insurance fraud in three
different countries, with the co-operation of
four countries. International DNA data
exchange will not solve all crimes. It will not
bring miracles upon us. But it will prove to be
very effective in the combat of crime in all its
forms, in criminal cases that otherwise might
never be solved. Not just in simple examples as I
described in the first two cases.
25
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
It is my opinion that the effects will be
larger than most people expect them to be. But
let us never forget human input is the key to
success in any criminal investigation.
International DNA data exchange is a very
powerful tool to make it easier to obtain that
success. Thank you for your attention
26
Relevancy of DNA data in combat of (cross border)
crime and terrorism
Expert session III, June 5 and 6, 2008
Questions? Remarks? Contact me later Mr.
B.G. Janssen Senior Prosecutor Forensic
Investigation P.O. Box 1987 6201 BZ
Maastricht 31 (43) 3 465 346 email
b.g.janssen_at_om.nl