Crim Law Flowchart

							 REPORTING OF CRIMINAL INCIDENTS
  1.0 Purpose                           5.0 Additional Information
  2.0 Intent                            6.0 Competencies / Certifications
  3.0 Policy                            7.0 Activity Based Costing /Reporting Codes
  4.0 Process
   4.1 Process Inputs
   4.2 Sub Processes
   4.3 Process Mechanisms
   4.4 Process Controls
   4.5 Process Flowchart
   4.6 Sub Process, Description, and Responsibilities


1.0 PURPOSE, APPLICABILITY, SCOPE AND EFFECTIVE DATE


 1.1. This Process Chapter implements, in part, Department of Defense (DoD) Instruction 5505.7 (January
 7, 2003) as it pertains to entries into the Defense Clearance and Investigations Index (DCII) and
 implements DoD Directive 7730.47, Defense Incident-Based Reporting System (DIBRS) (October 15,
 1996). This Process Chapter supersedes Defense Logistics Agency (DLA) Instruction 5705.1 (May 5,
 1999), Reporting of Criminal Incidents and also supersedes DLA Instruction 5705.9 (July 13, 1999),
 Defense Clearance and Investigations Index (DCII).

 1.1.2. This Process Chapter applies to all Headquarters (HQ) DLA and DLA Field Activities (DLA FA).

 1.1.3. This Process Chapter establishes and implements policies, processes and procedures necessary to
 the effective, efficient and economical conduct of official Agency business.

 1.1.4. Effective date: November 9, 2004

 NOTE: This Process Chapter completed its Annual Review on December 7, 2005 and remains essential to
 the effective, efficient, and economical conduct of official DLA business.

2.0 INTENT                                                                                     Top of Page


 2.1. This One Book chapter pertains to all investigations or inquiries regarding alleged criminal activity
 investigated under the cognizance of Fraud Counsels; investigated by DLA Criminal Investigations Activity
 (DCIA) Special Agents; or investigated by General Investigators or others performing a similar role
 assigned to or overseen by Offices of Command Security, Offices of Public Safety, Offices of Compliance,
 or other similar DLA organizations, hereinafter referred to as DLA investigative elements. Criminal
 investigations and incidents within DLA are of importance to Commanders at all levels. Recording those
 investigations/incidents through the DLA Criminal Incident Reporting System (DCIRS) by Fraud Counsels,
 DCIA Special Agents, and DLA investigative elements allows Commanders and managers at all levels to
 assess the impact of the incidents on DLA’s mission and to take corrective action as appropriate. When
 properly used, DCIRS provides:
 2.1.1. A system for reporting, analyzing, and correlating factual information, to ensure that appropriate
 action can be taken in a timely manner.

 2.1.2. A means of meeting law enforcement reporting requirements.

 2.1.3. A system for providing timely information for use in responding to Congressional, Secretary of
 Defense, and media requests.

 2.2. The outputs for this process are:

 2.2.1. Entries into DCIRS.

 2.2.2. Entries into DCII.

 2.2.3. Reports of Investigation.

 2.3. The focus of this process is to ensure that the customer receives the right information at the right time.

 2.3.1 This process is linked to the Balanced Scorecard quadrant of Internal Business Process. There are
 two metrics used to measure the process performance:

 2.3.1.1. Initial entries into DCIRS are made within 5 working days of identification that a criminal incident
 has occurred.

 2.3.1.2. Entries into DCII are made within 5 working days of identification that credible information exists to
 believe that a specific individual committed a criminal offense.

 2.3.2. The agency goal for this process is to structure internal processes to deliver customer outcomes
 effectively and efficiently.

3.0 POLICY                                                                                          Top of Page


 3.1. DLA personnel must report to the proper authority in DLA any suspected, alleged, or actual criminal
 incidents that violate public law, DoD Directive, DLA Directive, or may have an adverse effect on the DLA
 mission. The proper authorities are Fraud Counsel, DCIA Special Agents, and DLA investigative elements.

 3.2. All DLA employees have the obligation to report all criminal incidents which concern/affect DLA
 personnel, facilities, activities, assets, or stocks regardless of the location of the incident, affiliation/
 jurisdictional considerations, or the likelihood of redundant reporting of the incident by other DoD elements.

 3.3. All DLA personnel with the responsibility for conducting or supervising the conduct of investigations
 regarding criminal incidents are required to make “Case” entries in DCIRS within 5 days of determining
 there is credible information that a criminal offense has been committed and that DLA has jurisdiction and
 interest in connection with that offense.

 3.4. All DCIRS users are responsible for ensuring that their DCIRS entries are current. DCIRS will be
 updated whenever investigative activity is performed or whenever new information is received regarding
 the matter under investigation. Even if no action has taken place or no information has been received, an
 entry reflecting the current status must be made in every open DCIRS “Case” at least every 90 days.

 3.5. The official record copy of all final reports of investigation which resulted from the determination that
 credible information existed to believe a crime had been committed must be maintained in the files of HQ,
 DCIA. Every investigation documented in DCIRS by a “Case” entry, meets the standard for entry to the
 DCII. Therefore, the official record copy of the Report of Investigation, to include the original copies of
 supporting documentation (written statements, investigative activity reports, copies of documents,
 photographs, etc.) pertinent to the incident, must be forwarded to HQ DCIA for inclusion in the permanent
 files.

 3.5.1. All documentation pertinent to incidents reported by and under the responsibility of DLA General
 Counsel (GC) must be maintained by GC or other DLA Counsel as determined by GC.

 3.6. The DCIA Records Manager is responsible for making DCII entries for DCIA and for other DLA
 investigative elements. DCII entries resulting from DCIRS “Case” entries made by DCIA Special Agents
 will be made within 5 business days of the DCIRS “Case” entry.

 3.6.1. DCII entries resulting from DCIRS “Case” entries made by DLA investigative elements other than
 DCIA will be made by the DCIA Records Manager within 5 business days of the receipt of the official
 record copy of the DLA investigative element Report of Investigation at HQ DCIA and a when a
 determination has been made that there was credible information to believe a specific individual has
 committed a specific offense.

 3.6.2. Criminal investigations conducted by non-DLA investigative agencies and monitored by DLA Fraud
 Counsels will not result in DCII entries by DLA. The non-DLA investigative agencies conducting the
 investigations are responsible for making any required DCII entries concerning their investigations.

 3.7. The Director DCIA must maintain a central repository of all DCIA Reports of Investigation and all DCII
 reportable Reports of Investigation prepared by other DLA investigative elements.


4.0 PROCESS AND RESPONSIBILITIES                                                                  Top of Page


 4.1 Process Inputs                                                                               Top of Page


 4.1.1. Awareness of an alleged criminal incident.

 4.1.2. Determination that credible evidence of criminal activity warranting DCII entry exists.

 4.2 Sub Processes                                                                                Top of Page



 4.2.1. Reporting Criminal Incidents.

 4.2.2. DLA Counsel receives report of alleged criminal incident.

 4.2.3. DCIA Special Agent receives report of alleged criminal incident.

 4.2.4. DLA investigative element receives report of alleged criminal incident.

 4.2.5. Making DCII entries.

 4.3 Process Mechanisms                                                                           Top of Page



 4.3.1. Desktop computer.

 4.3.2. Microsoft Word software.

 4.3.3. DCIRS database.
4.3.4. Criminal Codes, statutes, and regulations.

4.3.5. Written records.

4.3.6. DCII database.

4.4 Process Controls                                                                     Top of Page



4.4.1. DoD Instruction 5240.4, Reporting of Counterintelligence and Criminal Violations (September 22,
1992), http://www.dtic.mil/whs/directives/corres/pdf/i52404_092292/i52404p.pdf.

4.4.2. DoD Instruction 5505.7, Titling and Indexing of Subjects of Criminal Investigations in the Department
of Defense (January 7, 2003), http://www.dtic.mil/whs/directives/corres/pdf/i55057_010703/i55057p.pdf.

4.4.3. DoD Directive 7730.47, Defense Incident-Based Reporting System (DIBRS) (October 15, 1996)
http://www.dtic.mil/whs/directives/corres/pdf/d773047_101596/d773047p.pdf.

4.5 Process Flowchart                                                                             Top of Page
4.6 Sub-Process, Descriptions, and Responsibilities                                             Top of Page


4.6.1. Reporting Criminal Incidents.

4.6.1.1. Is a DLA employee aware of a possible criminal incident? If no, the process is complete. If yes,
continue the process. Any possible criminal incident should be reported to the nearest DLA Office of
Counsel, a DCIA Special Agent, or a DLA investigative element for possible further investigation.

4.6.1.2. Report the possible criminal incident to the nearest DLA Office of Counsel, DCIA Special Agent, or
DLA investigative element. The sub-process is complete.

4.6.2. DLA Counsel receives report of alleged criminal incident.
4.6.2.1. Determine whether the alleged incident constitutes a credible criminal complaint. If yes, continue
the process. If no, the process is complete. Counsel may decide there is insufficient evidence or that the
matter should simply be referred to management for resolution.

4.6.2.2. Determine whether the alleged incident is already being investigated or going to be investigated by
some activity outside of DLA. If yes, continue the process. If no, refer the matter to the appropriate DLA
investigative activity. That DLA activity will be responsible for making DCIRS entries throughout the course
of the investigation.

4.6.2.3. Determine whether the receiving DLA Counsel is an authorized DCIRS user. If yes, continue the
process. If no, locate an authorized DCIRS user within the Office of Counsel and continue the process.

4.6.2.4. Make a DCIRS “Case” entry.

4.6.2.5. Determine whether new investigative information has been received relative to this investigation. If
yes, continue the process. If no, determine whether 90 days have passed since the last DCIRS update. If
yes, continue the process. If no, await the receipt of new information or the passage of 90 days since the
last DCIRS update, whichever comes first.

4.6.2.6. Determine whether this investigation is now complete. If yes and the Counsel is an authorized
DCIRS user, continue the process. If yes and counsel is not an authorized DCIRS user, locate an
authorized DCIRS user within the Office of Counsel and continue the process. If no and the Counsel is an
authorized DCIRS user, continue the process. If no and counsel is not an authorized DCIRS user, locate
an authorized DCIRS user within the Office of Counsel and continue the process. Once the new
information is added to the DCIRS file, a new 90-day suspense clock begins. This cycle of providing
new/updated information continues until the investigation is complete. For investigations referred to
investigative organizations outside DLA, Counsel is responsible for making all DCIRS entries until the
investigation is complete.

4.6.2.7. Make the final DCIRS entry. The sub-process is complete.

4.6.3. DCIA Special Agent receives report of alleged criminal incident.

4.6.3.1. Determine whether the alleged incident constitutes a credible criminal complaint. If yes, continue
the process. If no, discuss the allegation with appropriate DCIA supervisor. Does the DCIA supervisor
agree the matter is not suitable for investigation? If the supervisor agrees, the process is complete. If the
supervisor does not agree, continue the process.

4.6.3.2. Determine whether there is credible information that a crime has been committed and that DLA
has jurisdiction and interest. If yes, continue the process. If no, refer the matter to the appropriate
investigative organization/activity and continue.

4.6.3.3. Make a DCIRS “Case” entry.

4.6.3.4. Determine whether the investigation is complete. If yes, continue the process. If no, perform
investigative actions and update DCIRS after each action until the investigation is complete.

4.6.3.5. Make the final DCIRS entry.

4.6.3.6. Forward copy of Final Report of Investigation to HQ DCIA for processing. The sub-process is
complete.

4.6.4. DLA investigative element receives report of alleged criminal incident.

4.6.4.1. Determine whether the alleged incident constitutes a credible criminal complaint. If yes, continue
the process. If no, discuss the allegation with the appropriate supervisor. Does the DLA investigative
element supervisor agree the matter is not suitable for investigation? If the supervisor agrees, the process
is complete. If the supervisor does not agree, continue the process.

4.6.4.2. Will the DLA investigative element investigate? If yes, continue the process. If no, refer the matter
to the appropriate investigative organization/activity and continue.

4.6.4.3. Determine whether the receiving DLA investigative element representative is an authorized DCIRS
user. If yes, continue the process. If no, locate an authorized DCIRS user within the investigative element
office and continue the process.

4.6.4.4. Make a DCIRS “Case” entry.

4.6.4.5. Determine whether the investigation is complete. If yes, continue the process. If no, perform
investigative actions and update DCIRS after each action until the investigation is complete.

4.6.4.6. Determine whether the DLA investigative element representative is an authorized DCIRS user. If
yes, continue the process. If no, locate an authorized DCIRS user within the investigative element and
continue the process.

4.6.4.7. Make the final DCIRS entry.

4.6.4.8. Forward the official record copy of Report of Investigation, with original exhibits, to HQ DCIA for
placement in archives. The sub-process is complete.

4.6.5. Making entries into the Defense Clearance and Investigations Index (DCII).

4.6.5.1. DCIA Criminal Records Manager reviews new DCIRS record.

4.6.5.2. Determine whether DCIRS entry was made by a DCIA Special Agent. If yes, continue the process.
If no, was the entry made by a DLA investigative element? If yes, await receipt of Report of Investigation
and continue the process at sub-paragraph 4.6.5.10. If no, the process is complete.

4.6.5.3. Determine whether the DCIA Special Agent made a DCIRS “Case” entry reflecting his or her
determination that there was sufficient credible information to believe a specific person committed a
specific offense. If yes, continue the process. If no, the process is complete.

4.6.5.4. Determine whether the DCIRS entry contains the name, social security number, date of birth, and
place of birth of the subject. If yes, continue the process. If no, obtain full information from the reporting
DCIA Special Agent and continue the process.

4.6.5.5. Enter pertinent information into DCII.

4.6.5.6. Receive Final DCIA Report of Investigation (ROI).

4.6.5.7. Compare identifying data in ROI with identifying data in DCII.

4.6.5.8. Determine whether the DCII data is correct. If yes, continue the process. If no, correct the DCII
data and continue the process.

4.6.5.9. Place the DCIA report in the archives. The process complete.

4.6.5.10. Process continuation from sub-paragraph 4.6.5.2. Receive DLA investigative element ROI.

4.6.5.11. Provide DLA investigative element ROI to Director, DCIA for determination if subject should be
entered into DCII.
 4.6.5.12. Determine whether the Director, DCIA, believes there was sufficient credible information to
 believe a specific person committed a specific offense. If yes, continue the process. If no, file the report
 and the process is complete.

 4.6.5.13. Enter pertinent data into DCII.

 4.6.5.14. Place DLA investigative element ROI into archives. The process is complete.


5.0 ADDITIONAL INFORMATION                                                                    Top of Page



 5.1. The Director, DCIA, will manage and operate DCIRS.

 5.2. The Director, DCIA, will be the final authority on what entries are to be made into DCII.

 5.3. Reportable incidents include any actual or alleged criminal act.


6.0 COMPETENCIES / CERTIFICATIONS                                                                 Top of Page


 6.1. Individuals making DCIRS entries must be authorized users as identified by HQ DCIA.

 6.2. Individuals making DCII entries pertaining to criminal incidents must be assigned to HQ DCIA and be
 an authorized user of the system.


7.0 ACTIVITY BASED COSTING / REPORTING CODES                                                      Top of Page


 TBD