NCJ Number
43514
Journal
FIREHOUSE Volume: 2 Issue: 10 Dated: (OCTOBER 1977) Pages: 57,61,68,72
Date Published
1977
Length
4 pages
Annotation
IN SPITE OF THE FRAGMENTATION OF FEDERAL ARSON-FIGHTING FUNDS AND AUTHORITY, A FEW PIONEERING EFFORTS SHOW WHAT CAN BE DONE TO FIGHT THE INCREASING NUMBER OF FIRES SET FOR PROFIT.
Abstract
ARSON HAS MULTIPLIED FROM ROUGHLY 40,000 REPORTED CASES IN 1966 TO AN ESTIMATED 150,000 IN 1976. THE PROBLEM HAS GROWN SO FAST THAT STATE AND LOCAL RESOURCES ARE UNABLE TO RESPOND EFFECTIVELY. IN ADDITION, THERE IS AN INCREASE IN PROFESSIONAL ARSONISTS WHO TRAVEL INTERSTATE. TO DATE, FEDERAL ENFORCEMENT HAS BEEN INEFFECTIVE BECAUSE THE COMMERCE DEPARTMENT, THROUGH THE NATIONAL FIRE PREVENTION AND CONTROL ADMINISTRATION, HAS THE AUTHORITY TO FIGHT ARSON BUT COMMANDS A BUDGET OF ONLY $12 MILLION, WHILE LEAA HAS THE MONEY TO FIGHT CRIME, INCLUDING ARSON FOR FRAUDULENT PURPOSES, BUT NOT THE AUTHORITY. TO DATE, U.S. POSTAL SERVICE INVESTIGATORS HAVE BEEN THE MOST EFFECTIVE, FIGHTING CASES IN WHICH THE MAIL IS USED TO TRANSMIT INSURANCE CLAIMS. SINCE ONLY THE FRAUD INVOLVED IN THE INSURANCE CLAIM AND NOT THE SUSPICIOUS NATURE OF THE FIRE ITSELF MUST BE PROVED, THESE CASES HAVE BEEN PROSECUTED WITH SOME SUCCESS. THE ALCOHOL, TOBACCO, AND FIREARMS ADMINISTRATION HAS JURISDICTION OVER INCENDIARY AND EXPLOSIVE DEVICES USED TO DESTROY OR DAMAGE PROPERTY INVOLVED IN INTERSTATE COMMERCE. UNFORTUNATELY, THIS AGENCY HAS SO MANY DEMANDS ON ITS RESOURCES IT CANNOT TAKE ON MORE THAN A HANDFUL OR ARSON CASES. THE STRONGEST WEAPON IS A PROVISION OF THE 1970 ORGANIZED CRIME CONTROL ACT PROHIBITING THE CONDUCT OF A BUSINESS IN A RACKETEERING MANNER. THIS SUBSECTION, CALLED THE RACKETEER INFILTRATED AND CORRUPT ORGANIZATIONS (RICO) ACT, HAS ALREADY BEEN USED TO PROSECUTE A MAFIA ARSON ORGANIZATION, A FATHER-SON LANDLORD-ARSON TEAM, AND A HOST OF ARSON-FRAUD PROFESSIONALS. A PROVISION OF THIS LAW ALLOWS FOR CIVIL SUIT WITH TRIPLE DAMAGES WHEN SOMEONE IN INJURED BY A PATTERN OF RACKETEERING ACTIVITY. THE CITY OF MILWAUKEE IS USING A FATHER-SON ARSON TEAM FOR CIVIL DAMAGES ARISING FROM THE HIGH COSTS OF EXTINGUISHING INCENDIARY FIRES. SPECIAL ARSON TASK FORCES ARE NEEDED COMBINING SEVERAL AGENCIES, BOTH FEDERAL AND LOCAL, IN STRATEGIC ATTACKS ON THE PROBLEM. FEDERAL OFFICIALS COULD ALSO HELP CITIES DEVELOP RICO SUITS TO RECOVER CIVIL DAMAGES. A SUMMARY OF FEDERAL ARSON-RELATED CASES IN MAJOR CITIES FOR 1971-1977 IS APPENDED.