THE USE OF OPEN-SOURCE SOCIAL MEDIA IN

WHITE-COLLAR CRIMINAL INVESTIGATIONS

by
Rose Bagalawis

A Capstone Project Submitted to the Faculty of

Utica College

December 2017

in Partial Fulfillment of the Requirements for the Degree of

Master of Science in
Financial Crime and Compliance Management




ProQuest Number: 10688846




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ii
 Abstract
White-collar criminals have fascinated the public because news stories often portray offenders as
individuals of high social and economic status in respectable professions. Law enforcement
professionals responsible for responding to white-collar crimes are perceived by private
companies not to have the proper training and resources to investigate them (PwC, 2016).
However, open-source social media may be a rarely used investigative resource that possesses a
wealth of intelligence and evidence. The intelligence community has recently acknowledged
social media intelligence, now referred to as SOCMINT, as a legitimate source of open
information with limitless uses (Omand, Bartlett, & Miller, 2012). However, without a robust
understanding of typical social media users and typical white-collar criminals, law enforcement
professionals may fail to accurately grasp the impact that open-source social media can have on
investigative outcomes.
By contrasting and analyzing various studies and research, this paper will explore social
media’s most avid users, white-collar criminals, and how law enforcement is using open-source
social media platforms. Performing an in-depth analysis of the typical social media user and
typical white-collar criminal may illustrate whether this type of offender uses social media and
how predisposed they are to share information that can be used by investigators. However, open-
source online content is only valuable if law enforcement professionals seek and find it.
This paper will also explore whether law enforcement professionals utilize open-source
social media, to what degree it is used, and whether its usage is sufficient. Similarly, the
drawbacks of social media in a criminal investigation will also be discussed. Finally,
recommendations will be made to law enforcement professionals about open-source social
media’s role in a white-collar case and whether it can play a main part in efficiently and
successfully closing a criminal case.
Keywords: Open-Source Social Media, SOCMINT, White-Collar Crime, Occupational Fraud,
Open-Source Intelligence, OSINT, Law Enforcement, Financial Investigations

iii
 Acknowledgments

I would like to thank Cynthia Hetherington for being my second reader on this paper. Cynthia is

an accomplished business woman and investigator who is constantly entrenched in so many

professional endeavors. I was fortunate to be a beneficiary of Cynthia’s respected insight during

her busiest time of year. Also, if it were not for my amazing parents, Rosa Linda and Angelito,

who are first-generation Filipino immigrants, U.S. military veterans, and hard-working, good-

hearted people, I would not have had the educational and professional opportunities that I have

today. I am also grateful to have such a solid support system of good friends, old and new. I am

constantly inspired by their accomplishments and persons they have become today. Finally, a

very special thanks to Stephen Guest who encouraged and cheered me on until the very end.

iv
 Table of Contents

List of Illustrative Materials.......................................................................................................... vii

Introduction ..................................................................................................................................... 1
Open-Source Social Media. ........................................................................................................ 1
White-Collar Crime. ................................................................................................................... 2
Statement of Problem. ................................................................................................................. 5
Literature Review............................................................................................................................ 6
What is Social Media? ................................................................................................................ 7
Characteristics of Social Media .................................................................................................. 7
Online Community.................................................................................................................. 7
Profiles and Identity. ............................................................................................................... 7
Relationships. .......................................................................................................................... 8
Interactions. ............................................................................................................................. 8
Types of Social Media Platforms ................................................................................................ 8
Social Networks. ..................................................................................................................... 9
Photo and Video Sharing. ....................................................................................................... 9
Microblogging......................................................................................................................... 9
Social Bookmarking................................................................................................................ 9
Social Gaming. ...................................................................................................................... 10
Apps. ..................................................................................................................................... 10
Social Media Users ................................................................................................................... 11
Platform................................................................................................................................. 12
Gender ................................................................................................................................... 13
Age ........................................................................................................................................ 13
Education .............................................................................................................................. 13
Income................................................................................................................................... 14
Children................................................................................................................................. 14
Social Media Motivations ......................................................................................................... 15
Categories. ............................................................................................................................ 15
Age Groups. .......................................................................................................................... 16
Smart Phones and Social Media ............................................................................................... 16
Continuous Growth of Social Media ........................................................................................ 19
How the Private Sector is Using Social Media ......................................................................... 20
Corporate Due Diligence ...................................................................................................... 20
Applicant Background Checks ............................................................................................. 20
Insurance Fraud Investigations ............................................................................................. 22
Consumer Marketing ............................................................................................................ 22
White-Collar Crime vs. Occupational Fraud ............................................................................ 23
Perceived Pressure ................................................................................................................ 25
Rationalization ...................................................................................................................... 26
Perceived Opportunity .......................................................................................................... 26
White-Collar Criminals............................................................................................................. 27
Demographics ....................................................................................................................... 27
Red Flags .............................................................................................................................. 27
Positive Content vs. Negative Content. ................................................................................ 28

v
 Law Enforcement and Social Media ......................................................................................... 28
Challenges ............................................................................................................................. 30
Command Staff Support ....................................................................................................... 30
Social Media as Community Outreach ................................................................................. 30
Why Criminals Post on Social Media ....................................................................................... 31
Social Media as Evidence ......................................................................................................... 31
Other Potential Uses of Social Media ....................................................................................... 32
The Future of Social Media and Law Enforcement .................................................................. 32
Big Data ................................................................................................................................ 33
New Breed of Criminals ....................................................................................................... 34
SOCMINT’s Impact on White-Collar Crime ....................................................................... 34
Challenges for Law Enforcement’s Usage of Social Media ..................................................... 35
Interpretation ......................................................................................................................... 35
Authenticity........................................................................................................................... 36
Reliability.............................................................................................................................. 36
Discussion of Findings and Limitations ....................................................................................... 38
Similarities between White-Collar Criminals and Social Media Users .................................... 39
Compulsion to Use Social Media ............................................................................................. 41
Lack of Social Media Standardization ...................................................................................... 43
Social Media: Unreliable until Verified .................................................................................... 45
Limitations ................................................................................................................................ 46
Conclusions and Recommendations ............................................................................................. 48
Recommendations ..................................................................................................................... 48
The Value of SOCMINT. ..................................................................................................... 48
Professionalization of SOCMINT......................................................................................... 49
Additional Research Needed................................................................................................. 50
Conclusion ................................................................................................................................ 50
References ..................................................................................................................................... 52
Appendix ....................................................................................................................................... 61
Appendix A – ACFE Occupational Fraud and Abuse Classification System (Fraud Tree) ..... 61

vi
 List of Illustrative Materials

Figure 1 – Social Media User Demographics of the Top 5 Most Popular Platforms ........12
Figure 2 – Top 20 Smartphone Activities by Number of Touches ....................................18
Figure 3 – ACFE Fraud Triangle .......................................................................................25
Table 1 – Facebook User vs. White Collar Criminal .........................................................40
Table 2 – Basic Social Media Needs .................................................................................41

vii
 Introduction

Over the past decade, social media’s popularity has grown exponentially. The Pew

Research Center (2016) reported a steady incline of social media usage by U.S. adults from 5%

in 2005 to 69% in 2016. The top social media platforms are Facebook, Instagram, Twitter,

LinkedIn, and Pinterest (Pew Research Center, 2016). On average, internet users have about

eight personal social media accounts (GlobalWebIndex, 2017). For law enforcement, the

increasing popularity of social media usage could be valuable. A significant amount of social

media content is completely accessible and rich in various types of content such as location

information, names of family and friends, date and time stamps of posts, and photos and videos

of an individual’s wealth and other assets.

Social media popularity will only continue to rise and become more integrated into

people’s lives. Therefore, it is vital for law enforcement professionals to recognize it as an

investigation tool that can tap into potential mountains of clues, evidence, and information. To

optimize this resource, it may be essential to enhance law enforcement’s proficiency in

accessing, navigating, and preserving social media. The application of social media is not just

limited to the stage of evidence gathering but has potential to be critical at various stages of the

investigative process. Open-source social media may tend to benefit certain types of

investigations over others. Law enforcement professionals who specialize in white-collar

investigations may benefit the most from social media investigative techniques.

Open-Source Social Media

Open-source intelligence, also known as OSINT, has its modest roots in gathering

information through listening to transmissions over the short-wave radio during World War II

(Mercado, 2008). By the end of the Cold War, OSINT had evolved into a respected, valuable

1
brand of information (Mercado, 2008). At present, open-source intelligence can be acquired

effortlessly by virtually anyone. One of the most well-known open sources is social media. It is

somewhat accepted and utilized to varying degrees by law enforcement professionals.

However, the general concept of gathering open-source information from social media,

whether directly valuable or indirectly valuable, is not new. Instead, the skills to navigate

efficiently through an ever-changing, vast virtual world such as social media has evolved into a

distinct classification of its own. In fact, the intelligence community officially recognized open-

source social media, or SOCMINT, in 2012 (Omand, Bartlett, & Miller, 2012). Perhaps in the

past, social media skills and knowledge were not perceived as highly respected because social

media itself cultivates an adverse reputation for being a forum for photos of food, funny cat

videos, or one-sided political rhetoric.

White-Collar Crime

On its face, law enforcement professionals who utilize social media regularly and possess

advanced social media skills stand to benefit greatly. In fact, there have been publicized cases

where social media has proven to help law enforcement. One example involved Rashia Wilson

of Tampa, FL who committed tax fraud totaling over $3 million (Wood, 2015). Investigators

worked the case for years to compile a case against Wilson and other associates. However, one

of the most compelling pieces of evidence in the case was Wilson’s online postings on social

media that included her holding stacks of money and making written admissions that she had

conducted IRS tax fraud (Wood, 2015). Evidence of this nature is not only egregious and played

a significant role in the prosecution, but may have even impacted Wilson’s sentencing as the

judge ordered her to serve 21-years in prison for the scheme (Wood, 2015).

2
 Some argue that social media’s value is understood and accepted by law enforcement and

intelligence communities (Morrow, 2013). For example, former CIA officer and Boston

University professor Arthur Hulnick suggested that open sources alone may consist of up to 80%

of the information contained within intelligence databases (Mercado, 2008). Easy access to

information demonstrates some value, but whether open-source social media can benefit white-

collar investigations may lie in understanding the identity of social media users, social media

content, and whether law enforcement professionals can retrieve that content during the

investigative phase.

Unfortunately, using social media for investigations is not standard for every law

enforcement agency (LexisNexis, 2014). Many reasons that may impact this issue. One possible

reason is that there might still be a preconceived notion that information derived from social

media does not have any value (Mercado, 2008). This belief may come from the fact that

intelligence acquired from this kind of source must still be corroborated and verified (Omand,

Bartlett, & Miller, 2012). Another concern is that social media content can be posted by anyone.

Social media identity verification and safeguards are limited and easy to bypass. The content

associated with a social media profile can also be manipulated or deleted by the user at any time.

And, it is not uncommon for a social media user to embellish or even lie since some users are

known to create the illusion of physical beauty or an exciting life through their posts (Herrick,

2016).

There may also be a misconception that law enforcement obtains the most vital

information from secured sources (Mercado, 2008). Certainly, even considering the perspective

of a jury during a trial, evidence from open sources may not be perceived with as much

credibility as evidence obtained through a search warrant or a wiretap. However, social media

3
content is valuable, and its value is not diminished by the method it was obtained (Mercado,

2008).

For both the public and even law enforcement professionals, it may sometimes be

bewildering why a person who committed a crime would ever post incriminating evidence or

information helpful to investigators in such a public forum. By examining social media on a

more in-depth psychological level, perhaps law enforcement professionals will be able to

understand motivations that explain why social media users broadcast information related to their

criminal activity. Moreover, this may even explain whether white-collar criminals are also

predisposed to share this information.

Regardless of any negative beliefs, there are still criminal cases involving social media

that make news headlines. It seems more likely that criminal offenders with less socioeconomic

resources and educational background may unknowingly share their criminal activity. However,

is it possible that white-collar criminals could also unknowingly engage in the same behavior

over social media? White-collar offenders are generally perceived by society as upper-class

individuals with a high socioeconomic background and a reputable profession. There may even

be a belief that white-collar criminals are less likely to use social media when involved in

criminal acts. White-collar offenders are thought to have access to more educational resources

resulting in advanced general knowledge and more sophisticated decision-making abilities.

Because of these perceptions, it seems that a white-collar criminal could not be short-sighted

enough to share anything over social media that could even hint at his or her criminal activity.

Fortunately, many companies have conducted various types of social media research to

understand its users and motivations. Various academic and criminal justice organizations also

attempted to study law enforcement’s use of social media and the profile of the white-collar

4
offender. Cross-referencing the surveys and research may draw some meaningful conclusions

that can benefit law enforcement professionals.

Statement of Problem

Certainly, law enforcement professionals are utilizing social media as an investigative

resource, but are they truly optimizing it for white-collar investigations? Is social media a must-

have law enforcement tool? This paper will attempt to answer these questions by examining

social media and its users. It will examine whether white-collar criminals are social media users

and if so, whether law enforcement should allocate more resources into this area. Finally,

recommendations will be made to law enforcement professionals to help assist in making

decisions regarding open-source social media in the future.

5
 Literature Review

For many people, social media has become a daily ritual because it is effortless and self-

gratifying. However, general familiarity and routine nature with social media have potential to

mislead law enforcement professionals into believing that using social media for investigations is

relatively simple. There are so many aspects of social media that law enforcement professionals

may not grasp because social media is still a relatively new phenomenon.

By realizing the complexities of social media, we can better understand how it applies to

white-collar crime. First, social media is not just limited to social networking platforms like

Facebook. There are several types of social media platforms with different features, but these

have the same distinct function that involves social interactions. Second, there are patterns of

specific groups within the general population that tend to use social media more than other

groups. Third, motivations for using social media vary for particular groups. This information

may be helpful to law enforcement professionals because it may guide decisions into the number

of manhours or resources expended into open-source social media.

White-collar investigators are usually tasked with working complex cases that may take

months or even years to resolve. While open-source social media has potential to play a

significant role in a white-collar investigation, investments in the limitless world of social media

may not always provide consistent and worth-while results. Since results are not always

consistent, time, money, and other resources could be expended to obtain little or no information.

By exploring social media and white-collar criminality at a deeper level, enforcement

professionals may ultimately have vital information to make well-informed decisions regarding

the use of social media in white-collar investigations.

6
What is Social Media?

In simple and broad terms, social media refers to individuals engaged in sharing and

receiving information by utilizing a communication tool such as the internet or other traditional

forms of communication (Nations, 2017). Email does not fall within this definition because it is

characteristically sent from one person to another and lacks engagement with an audience

(Carson, 2017). Furthermore, social media can be further defined as an environment engineered

to encourage individuals to share and connect with each other (Brunty & Helenek, 2013, p. 2).

Examples of social media are Twitter, Instagram, YouTube, Pinterest, and SnapChat. However,

Facebook’s 1.8 billion monthly active users perpetuate why Facebook is what most think of

when asked for an example of social media (Hutt, 2017).

Characteristics of Social Media

Traditional media are television, newspapers, and journals which have a one-way

dynamic and do not permit its audience to develop or engage with the content (Ward, 2016).

There are primary characteristics present in social media that set it apart from traditional forms

of media.

Online Community. One common denominator that is present in social media is that the

community resides in a virtual environment (Brunty & Helenk, 2013, p. 2). This online world

differs from a typical community such as a small local neighborhood because the members of the

online population can be from anywhere in the world. These personas have the power to shape

and influence the online community.

Profiles and Identity. Social media users also have an online persona which may be

reflected in information required by that platform (Brunty & Helenek, 2013, pp. 9-10). Users

have control over their online profile which consists of the username they chose, short

7
biography, and an icon or photograph they select to represent their physical appearance. It is

common for social media users to use a closeup photo of their face. The types of postings can

also help shape the identity they want to show to the community. Individuals have been known

to gain celebrity status online solely from social media and may have a cohesive theme to their

online persona which may consist of food, travel, fashion, or fitness interests.

Relationships. Social media platforms also encourage relationships which are often

visualized by a list of users (Brunty & Helenek, 2013, p. 10). The platform also suggests users to

other users and may require one user to accept or decline the suggested connection. Some users

may not choose to build relationships, but may be more interested in viewing the content of other

users. However, connecting with other users and building a network appears to a very pervasive

concept in most social media platforms.

Interactions. Users can share their thoughts and opinions, videos and photos, or other

types of media that the platform allows (Brunty & Helenek, 2013, p. 11). Online engagement is

social media’s most prominent feature which thrives off the users’ desires to interact (Gibbons,

2017). The interactions tend to be mostly public. However, many platforms offer the option to

have more private interactions in a closed group or one-on-one. If all interactions were absent

from the platform, it would fall into the category of traditional, one-way media.

Types of Social Media Platforms

Deriving their conclusion from Pew Research Center survey findings, Greenwood, Perrin

& Duggan (2016) state that the most popular social media platform in 2016 was Facebook with

79% of online adult users. The research shows Facebook is not only most popular but the

disparity between Facebook and the second most popular social media platform was significant

with Instagram having 32% of online users. The study also showed that popularity for the

8
remaining social media platforms had Pinterest at 31%, LinkedIn with 29%, and Twitter at 24%

(Greenwood, Perrin & Duggan, 2016).

According to Golbeck (2015, p. 11-12), there are six primary categories of social media.

A better understanding these types of social media platforms may provide insight into why users

are particularly attracted to it.

Social Networks. Facebook, Twitter, LinkedIn, or Google+ are focused on forging links

which establish online social connections and form a virtual community (Rouse, 2016). Within

that community, a user can “friend” other users and share a variety of information which may

include status updates, photos, videos, or web content (Golbeck, 2015, p.11).

Photo and Video Sharing. This type of social media cultivates social networks through

viewers or followers, but sharing pictures and videos with the community are the central focus

(Rouse, 2017). Golbeck (2015, p. 11) states that platforms like Instagram and YouTube are

prime examples of this dynamic and there tends to be less text in these platforms compared to

social networks. A platform like YouTube is an excellent example that appears to draw in users

who are principally seeking specific types of video while connections and interactions may be

secondary.

Microblogging. A social media platform of this type limits how much text a user can

post which restricts the user to short updates (Golbeck, 2015, p. 12). Merriam-Webster (2017)

further states that microblog users post more frequently compared to social networking

platforms. Twitter is the most well-known microblogging platform.

Social Bookmarking. The purpose of these platforms is to collect content from other

places and share them with other users (Golbeck, 2015, p. 12). A user can organize content such

as photos, videos, or stories within their profile (Boswell, 2017). An example of this platform is

9
Pinterest which collects pictures from various sources (Golbeck, 2015, p. 12). Pinterest users

may create online bulletin boards centered on recipes, do-it-yourself projects, fashion

accessories, or interior decor.

Social Gaming. Golbeck (2015, p.12) states that online gaming is a form of social media

because these types of platforms allow users to play games and interact with other users from

different locations. Golbeck (2015, p. 12) also adds that Xbox and PlayStation are popular game

consoles that also have a social function that enable the players to build a list of other players.

Apps. Golbeck (2015, p. 12) explains that the word “app” is the abbreviated term for an

application and some apps operate on other social media platforms or may run alone. As an

example, Golbeck (2015, p. 12) states that the Facebook app allows the user to connect with

other members of the Facebook community. However, Snapchat is a standalone social app that is

also a social network (Moreau, 2017).

Brunty & Helenek (2013, p. 3) claim that while Facebook is the most popular social

networking site, it only fits into one category of social media while there are other types such as

blogs, virtual games, dating sites, and content communities. Other experts assert that Facebook

encompasses characteristics from other types of social media platforms. For example,

Hetherington (personal communication, December 15, 2017) describes Facebook as a weblog. A

weblog, or blog, is a chronological listing of content maintained by the user (Computer Hope,

2017). The varied classifications of Facebook may further illustrate why it is the most popular

social media platform. It essentially allows users to do a range of different activities online such

as microblog, share photos and videos, and even play games.

10
Social Media Users

Research data shows some interesting demographic trends among the five most popular

social media platforms. These platforms are Facebook, Instagram, Pinterest, LinkedIn, and

Twitter. The chart below is the result of a Pew Research Center survey conducted from March 7

to April 4, 2016. The survey population consisted of 1,520 individuals ages 18 and older living

in the United States. The study examined basic demographics of social media usage among U.S.

adults who use each social media platform.

11
Figure 1. Social Media User Demographics of the Top 5 Most Popular Platforms. Reprinted from

Pew Research Center, 2016. Retrieved from http://www.pewinternet.org/fact-sheet/social-media/

Platform. Pew Research Center (2016) shows that Facebook’s popularity is 68% among

total U.S. adults while the second most popular social media platform is Instagram at 28%.

Facebook is not just the most popular social media platform, but by a substantial margin. Also,

12
88% of adults in the U.S. preferred to use Facebook if they only used one social media platform

and nothing else (Pew Research Center, 2016).

Gender. The survey shows female adults tend to use social media platforms more than

men. However, a variance appeared in the survey results that showed that 28% of adult LinkedIn

users were men while 23% were women. There could be numerous factors that contributed to

this result such as whether LinkedIn happens to be more popular among certain professions.

Pew Research Center’s survey results revealed that Facebook's popularity is somewhat

evenly distributed among genders with 69% of adult women use Facebook versus 67% of adult

men. As of 2017, the international census estimated that the population consisted of mostly men

(3,729,242,483) over women (3,675,865,167) (U. S. Census Bureau, 2017). The gender ratio of

people in contrast with the survey results about Facebook users demonstrates that women tend to

be users of Facebook over men.

Age. The survey showed that largest age group of adult users are between the ages of 18

to 29 years old. This survey trend was consistent among all five social media platforms. There

were 88% of adult Facebook users in that age bracket (Pew Research Center, 2016). The

research shows that next highest age group of Facebook users were between ages 30 to 49 at

79% popularity and ages 50 to 64 at 61%, and age 65 and higher at 36%. The statistical results

are not surprising as the news media perpetuates the notion of individuals in their twenties are

most heavily involved in social media.

Education. Pew Research Center (2016) examined adult users and their academic

schooling in three broad categories which were educational levels of high school or less, some

college, and college graduate. The study showed that Instagram was used more by adults with

some college education than adults who graduated from college. The survey also showed that

13
nearly half (49%) of adult users who are college graduates use LinkedIn compared to 25% of

adult users who had some college education.

Pew Research Center (2016) states that 77% of adult Facebook users had some college

education or graduated from college while individuals who had less than a high school education

had only 56% of adult users among them. Since the top users tend to have higher levels of

educational experience, this might suggest that Facebook and other social media is commonplace

in college and university culture and especially among college alumni.

Income. It is not surprising that demographics by income mirror demographics by

education level because attaining higher education will provide a person with more opportunities

to earn higher pay. Interestingly, the study shows that 76% of adult users who earned over

$75,000 use Facebook. The percentages of adult users diminish slightly for users with incomes

of $50,000 to $74,999 at 70%, users that earn between $30,000 to $49,999 at 68%, and adult

users that make less than $30,000 at 68%.

Children. The Henry J. Kaiser Family Foundation (2010) conducted a series of studies to

measure the use of media by 8 to 18-year-old Americans across the years 1999, 2004, and 2009.

Media usage measured in the study was not limited just to social media but included television,

radio, and game usage. The survey found that general media consumption among that age group

has risen significantly with daily usage averaging around 7 hours and 38 minutes or more than 53

hours a week. The research findings showed that internet access had risen dramatically from

21% in 1999 to 33% in 2009. However, it is not known which portion of that usage is related to

social-media.

Although the Kaiser study does not identify social media usage among this age group, it

is no surprise that children use social media as well. Beilinson (2014) conducted a separate study

14
and interviewed a panel of ten 12-year-old girls and asked them what social media accounts they

use. The interview revealed that Instagram was the most popular social media platform and all

the girls had an account. One girl reported that she had five to six different accounts each for the

following social media platforms: Pinterest, Vine, YouTube, Tumblr, and Kik. Beilinson (2014)

also reported that several of the girls thought it was safer to classify their ages as old as 18 to 21

years old or to get around the age restrictions set forth by the Child Online Privacy Protection

Act (COPPA). Children did not mention Facebook as a top social media platform for children

which falls in line with the Pew Research Center findings. However, Beilinson’s interview

demonstrates that social media users also consist of children and that social media users

occasionally misrepresent specific characteristics on these platforms.

Social Media Motivations

Even though most people may consume social media daily, users have different drives

for using it. Exploring motivations for using social media may help to provide some insight into

why its popularity continues to rise.

Categories. According to the GlobalWebIndex (2017), 42% of social media users utilize

these platforms to stay in touch with each other. The study also found that keeping up with

current events (39%) and filling up spare time (39%) came in second and third respectively.

Other popular motivations cited in the study for using social media include general peer usage

(34%), networking (34%), seeking humorous or amusing content (34%), photo and/or video

sharing (33%), opinion sharing (30%), meeting new individuals (28%), and researching future

purchases (27%).

Although the concept of sharing content on social media platforms was less popular than

the top motivation of staying in touch with friends, users may be able to stay in touch with each

15
other by sharing various types of content. Drawing upon the GlobalWebIndex (2017) survey,

McGrath (2017) further asserts that only 19% of internet users utilize social media to share

details about their lives and may tend to share other types of content rather than personal

information. Users may even use social media to maintain online friendships with people by

posting a humorous video or a link to an article to stay connected. McGrath (2017) states that

rather than social media being something where a user is actively engaged in distributing

personal information, it may be used more as a passive form of networking.

Age Groups. There are vast differences in motivations for people using social media

when examined by age group. Staying connected with friends proves to be more significant to

the range of social media users aged 25 to 34 (McGrath, 2017). Remarkably, for social media

users 16 to 24 years old, the driving factor for social media use is to use up spare time (McGrath,

2017). This reason is a little misleading because general boredom may be a driving factor for

logging onto social media, but this group of social media users may end up looking at what their

friends are doing, reading some news content, and watching a humorous video which essentially

encompasses many other reasons for using social media. For users aged 34 to 44 years old, the

focus is on using social media to stay current with news and other events (McGrath, 2017).

Smart Phones and Social Media

There is no doubt that smartphones have impacted social media’s increasing usage.

Smartphones make it possible for real-time status updates, photos, and videos to be captured and

uploaded to a social media platform easily and instantly. Conversely, social media users can

easily access content posted by others.

The 2016 Nielsen Social Media Report confirmed the popularity of the smartphone which

examined social media usage by three main devices which are personal computers, tablets, and

16
smartphones. The report looked at device usage in 2016 compared to the previous year and

showed that no matter the age group, gender, or ethnicity, personal computer usage dropped

about -2% to -3%. However, the study showed increases in tablet use which were +5% to +16%

and smartphone usage increase from +9% to +12% across all age groups with smartphones being

the top preferred device for social media consumption. Out of the different age groups in the

study, individuals aged 18 to 34 years old were more likely to use a smartphone to access social

media than older age groups.

Another study captured individual smartphone usage which tracked every touch, tap, or

swipe (Winnick & Zolna, 2016). The results revealed how heavily smartphone usage is in

society. It showed that a heavy user, or more frequent user, touched their smartphone an average

of 5,427 times per day totaling about 225 minutes while the average user touched their phone an

average of 2,617 times per day totaling approximately 145 minutes (Winnick & Zolna, 2016).

The study also looked at the interactions those smartphone touches were associated with and

determined that Facebook was number one with 15% interaction (Winnick & Zolna, 2016). The

infographic below shows the visual breakdown of smartphone usage with social media and non-

social media interactions which are grayed out.

17
Figure 2. Top 20 Smartphone Activities by Number of Touches. Reprinted from dscout, 2016.

Retrieved from http://www.pewinternet.org/fact-sheet/social-media/

This research provides a different, yet more intimate perspective on social media use

rather than looking at the total number of users associated with a given social media platform. It

is not uncommon for social media users to have accounts with the several popular platforms, but

uses them at varying rates. However, this study confirms that users access some social media

platforms over others.

The infographic shows that Facebook, which had 15% of touches, is the most frequently

accessed social media platform followed by Instagram, which had only 3% of touches, while

Twitter had 1% of touches, Snap-chat had 1% of touches, and Reddit had 1% of touches. It is

18
also important to note that a user may spend more time using a specific mobile social media

platform or app but interact with it more but with fewer touches. For example, some mobile

video games typically require users to touch their screens more frequently by the very nature of

the interaction (Winnick & Zolna, 2016).

Continuous Growth of Social Media

Rainie and Wellman (2012, p. 21) discussed the origin of the social network revolution

dating back to a time before the internet. The authors state that social networks always existed

and how this existence has been more realized recently due to the introduction of technology and

social media. However, Rainie and Wellman (2012, pp. 22-26) attribute the growing social

connectivity to other advances in society such as the affordability of vehicles, highway

development, airline travel, cellular phones, and personal computers. These advancements have

allowed different groups to connect that would usually not connect under other circumstances

and permitted individuals to preserve these relationships with each other (Rainie & Wellman,

2012, pp. 21-22). In particular, social media has made it exceptionally easy to maintain these

relationships and build new relationships.

Statista (2017) estimates that total social media users will climb from approximately 208

million in 2017 to about 220 billion in 2022. Social media continues to become more accepted

and utilized. Some foresee that social media could eventually become a virtual experience or

take the form of a wearable item that will keep track of habits (Wellons, 2017). Technology

advances appear to enable social media users to use these platforms quickly and effortlessly

which also helps perpetuate interest in social media.

19
How the Private Sector is Using Social Media

Private sector companies use social media not only to reach potential customers through

paid advertising. Companies have been able to find new and creative ways to advance their

organization’s goals. These organizations gather and analyze intelligence derived from

businesses, job applicants, clients, and customers to make well-informed decisions that directly

impact the company.

Corporate Due Diligence. Private companies often hire outside parties to conduct due

diligence investigations utilizing a variety of open sources (Hetherington, 2015, p.12). Thorough

due diligence provides companies the ability to feel confident in their business decisions

(Hetherington, 2015, p.13). Social media has allowed due diligence investigators to obtain

substantial intelligence that may significantly influence large-scale business decisions. For

example, due diligence investigators can acquire perceptions of prospective business partners or

the inner workings of a company based on an employee’s online postings (Hetherington, 2015,

pp. 22-23). Social media is also filled with customers who had interactions and opinions about

the prospective business (Schmit, 2015). This is a type of brand insight that investigators did not

usually have access to before the advent of the internet and social media (Hetherington, 2015, p.

23). Today, a highly visible and positive social media presence can be crucial to a company’s

success, and many are aware of how this reputation affects their business.

Applicant Background Checks. According to a 2014 survey conducted on behalf of

CareerBuilder, more employers are incorporating social media checks on potential job

applicants. The survey polled over 2,138 hiring professionals and 3,022 full-time employees

between February 10, 2014 and March 4, 2014 (CareerBuilder, 2014). The study revealed that

51% of the employers who use social media to research a candidate said they found something

20
negative that resulted in not hiring the candidate. Surprisingly, employers reported that 46% of

job candidates posted offensive photos or information, 41% posted themselves involved with

drinking or drugs, and 36% broadcasted negative comments about their company or coworkers

(CareerBuilder, 2014). Employers also reported social media content that revealed poor

communication skills, discriminatory remarks against protected classes, lies about their

qualifications and links to criminal activities (CareerBuilder, 2014).

There was also content posted online that made employers question hiring the candidate.

CareerBuilder (2014) reported that candidates posted links to escorts, warrants for their arrest,

exercise videos for grandmothers, posts about drunk driving and not being caught, and

involvement in a demonic cult. Conversely, CareerBuilder (2014) stated that 33% of the

employers surveyed also reported deciding to hire candidates based on positive social media

content. Employers were able to infer positive qualities and traits from content posted by

candidates. For example, most employers felt like the candidate would assimilate well into the

company or possessed an excellent professional online image (CareerBuilder, 2014).

CareerBuilder’s survey reveals some insightful findings. First, job candidates who have

social media accounts may not be aware that hiring companies search open-source social media

content as part of the background check process. Second, the survey results suggest that some

job candidates may not be aware that their social media profiles are open to public viewing. It is

not uncommon for some users to believe their social media account is private when all or parts of

their profile are not secured. Third, the results show that many job candidates overshare

information online. Social media profiles have potential to contain a lot of information about a

candidate that would not be revealed during an interview or by reviewing a resume. Fourth, the

use of social media background checks conducted by employers shows that there is a general

21
belief that what is online is accurate. It is possible for employers to see content about a candidate

that is inaccurate or false.

Insurance Fraud Investigations. Insurance companies have been able to screen for

fraud by regularly accessing social media sites (“Investigators combing social media…,” 2015).

There was an instance where a man from Texas intentionally damaged his luxury vehicle worth

over $1 million to collect an insurance policy payout worth over $2 million (Rice, 2011).

Unbeknownst to the policyholder, insurance investigators found a video of the incident because a

bystander happened to record the accident and post it to YouTube (Rice, 2011).

Another incident involved an Arizona woman who claimed to lose her wedding rings in

the ocean (Alltucker, 2014). Insurance investigators found that the claimant posted a photo of

herself on Facebook wearing the wedding rings after the reported date of loss (Alltucker, 2014).

There are also cases of individuals who committed disability fraud who use social media. A

corrections officer from California allegedly injured his back and two days after the injury,

posted a video on Facebook showing him participating in a bike race (NBC News, 2013).

Consumer Marketing. Consumer data companies specialize in collecting information

from social media to analyze it and derive information used for marketing products (Beckett,

2012). These companies, also referred to as data brokers, can make specific determinations about

an individual which include their spending habits and product preferences (Naylor, 2016). In

fact, profiles of consumers are generated and used by companies that can utilize strategic

marketing to target specific individuals (Naylor, 2016).

Singer (2012) reported a company called Acxiom has one of the most extensive databases

housing about 500 million consumer profiles all over the world. Singer (2012) said that some

individuals argued that data brokers have intimate insight on an individual which may include

22
political preferences, spending habits, personal health concerns, or vacation ambitions.

Collecting this type of information is not new in the marketing and advertising world. However,

more traditional methods may have included acquiring paid research participants and deriving

information through standardized questionnaires. Now, even more insightful, uncensored

information can be obtained, analyzed, and utilized by retail companies by through social media.

In fact, advancements in data analytics have made it possible to predict future consumer

behaviors (Singer, 2012). Companies like Acxiom are also investigating techniques to radically

influence consumer decisions by compiling detailed, comprehensive profiles referred to as a

“360-degree view” approach (Singer, 2012). Perhaps information data brokers possess is so

insightful that it even benefited law enforcement. Acxiom assisted the government after the 9/11

attacks by supplying information about some of the hijackers (Singer, 2012).

White-Collar Crime vs. Occupational Fraud

Van Slyke, Benson, and Cullen (2016, p. 28) stated that sociologist Edwin H. Sutherland

coined the term ‘white-collar crime’ as a term to signify crimes committed by individuals of

higher socioeconomic status and occupational trust. Van Slyke et al. (2016, p. 34) stated that

other experts such as Herbert Edlehertz, chief of the U.S. Department of Justice fraud division,

felt that Sunderland’s definition excluded perpetrators that did not hold powerful positions in

society yet committed similar acts typically associated with white-collar crimes. Van Slyke et al.

suggest that Sunderland’s theory was centrally based on calling attention to the unfair advantages

of high-class offenders and their ability to minimize criminal penalties or even avoid prosecution

altogether (Van Slyke et al., 2016, p. 36).

Van Slyke at al.’s interpretation of white-collar crime resembles occupational fraud, the

term frequently utilized by the Association of Fraud Examiners (ACFE). According to the ACFE

23
2016 Report to the Nations (p. 90), occupational fraud is an intentional act performed by an

employee that misuses or misapplies assets or resources. This type of offender is typically an

employee of the victim organization, may have access to funds and assets, and may be able to

override controls or exploit weaknesses because of their job position. Professional groups like

the ACFE focus on these offenders because these individuals are typically responsible for higher

amounts of loss as compared to loss perpetrated by external offenders.

However, white-collar crimes are also typically classified as bribery, fraud,

embezzlement, identify theft, money laundering, mortgage fraud, racketeering, securities fraud,

tax evasion and fraud (“Fraud and Financial Crimes,” 2017). Internal or external offenders of any

status or profession can perpetrate most of these crimes. Although the definition of white-collar

crime is controversial, this paper will observe occupational fraud offenders as white-collar

offenders who committed fraud against their company and not on the general range of offenses

themselves.

Another challenging aspect is that white-collar criminals commit offenses that are

typically sophisticated events that could be viewed less than criminal if it were not for the

painstaking acquisition and intersection of facts (Soltes, 2016, p. 159). When the ACFE

examined occupational fraud, it was divided into three distinct categories which are corruption,

asset misappropriation, and financial statement fraud. The ACFE published a chart referred to as

the Fraud Tree (see Appendix A) which lists more specific schemes that fall under those

respective classifications which reveals the numerous paths of weaknesses that a white-collar

offender can exploit. It is this level of complexity that calls for law enforcement professionals to

optimize all available resources to successfully investigate the case.

24
 Although the landscape of occupational fraud methods, or white-collar crimes, can take

on many potential forms, there are specific elements present in these offenses. Perceived

pressure, perceived opportunity, and rationalization are distinct characteristics of the Fraud

Triangle (Albrecht, 2014). These three concepts embody elements present that create a situation

ripe for white-collar crimes.

Figure 3. ACFE Fraud Triangle. Reprinted from Fraud Magazine, 2014. Retrieved from

http://www.fraud-magazine.com/article.aspx?id=4294983342

Perceived Pressure. One of the most important fundamental aspects of most white-collar

crimes is that the offenders do not typically steal money to save it (Pavlo, 2013). The acquisition

of illicit funds itself is usually not the end goal, but rather the money is a means that open access

to other things such as tangible items like a diamond necklace or intangible items such as a

luxury vacation. White-collar criminals are generally perceived to have a high-earning capacity

and are traditionally thought not to steal for basic living essentials such as food and shelter.

25
However, there are presumably other exceptions that may drive a person to commit a white-

collar crime. For example, white-collar criminals who have high-level positions in a company

could be motivated to commit securities fraud, not necessarily for personal financial gain, but

perhaps for the economic survival of the company or his professional reputation.

Rationalization. Soltes (2016, pp. 5-6) states that the notion that white-collar criminals

exhibit a rationale or undergo a cost-benefit analysis before deciding to commit a crime is false.

Soltes (2016, p. 6) asserts that many white-collar offenders did not mindfully consider the

benefits of the offense versus its potential costs. This is insightful because most would believe

that this thought process takes place. Soltes (2016, pp. 6-7) also concludes that white-collar

criminals never perceived their actions as harmful because of the far proximity to the victim and

observation of any negative psychological impact on the victim is virtually nonexistent compared

to a face-to-face confrontation while trying to steal a person’s wallet on the street.

There is another component that plays a role in the decision by white-collar criminals to

partake in theft or fraud. Soltes (2016, p. 318) found that white-collar criminals acted according

to what they deemed to be acceptable or reasonable in their environment. Essentially, the sense

of morality became diminished because of contact with others around them who also engaged in

the same illicit acts, enabled the illegal acts, or ignored illegal acts (Soltes, 2016, pp. 316-318).

Perceived Opportunity. White-collar criminals can more easily commit offenses due to

their position of trust within the organization. This opportunity to engage in white-collar crime

stands out among the other two characteristics of the Fraud Triangle because motivations and the

decision to commit the fraud lie with the offender while the opportunity or ability to perform

fraud typically tends to be an inherent quality of the offender’s position. According to the

Association of Certified Examiners (ACFE), the highest number of white-collar offenders

26
originated from the Accounting department (2016, p. 55). This department typically has the most

direct access and control over the organization’s funds.

White-Collar Criminals

Demographics. The ACFE 2016 Annual Report to the Nations (p. 60) stated that most of

the white-collar criminals (55%) were between the ages of 31 and 45. The report also showed

that 44.3% of the U.S. offenders were female while 55.7% were male. The ACFE did not collect

the income level of white-collar offenders. However, the report examined the offender's

department within the organization and found that most worked in their organization’s

accounting departments. According to the U.S. Department of Labor (2017) statistics collected in

May 2016, the U.S. average Accounting salary was $68,150.

Red Flags. The ACFE 2016 Annual Report to the Nations are showed that white-collar

criminals exhibited certain behavioral red flags. The survey had some overwhelming results that

demonstrated the perpetrators displayed characteristics that showed they lived beyond their

means in 45.8% of cases, had financial difficulties in 30% of cases, and had a close association

with a vendor or customer in 20.1% of cases.

If nearly 50% of the white-collar offenders live beyond their means, law enforcement

professionals could find information about a suspect’s lifestyle through open-source social

media. For example, there was a Chicago case involving trader Randall “Randy” Rye who stole

$1.5 million from his investment clients (Goudie & Weidner, 2017). Rye bragged about his

expensive vacations, high-end clothes, and extravagant meals on social media (Goudie &

Weidner, 2017). Depending on the detail in Rye’s posts, white-collar investigators may have

been able to discern which companies and retailers accepted Rye’s payments for goods and

27
services. From there, white-collar investigators should be able to create a transaction trail to

show how Rye took funds and then used them for his personal benefit.

Positive Content vs. Negative Content. Users of social media are comfortable sharing

intimate aspects of their lives on public platforms (Omand et al., 2012, p. 803). Although there

are social media users who share both positive and negative personal content, some users are

likely to share positive content. A study conducted by the University of Wisconsin, Madison

(Price, 2014) examined the behaviors of 300 students and asked them to keep journals on life

activities, whether it was positive or negative, and how they shared those developments. Students

in the Wisconsin study that had positive news shared it on social media. However, the study

found that when the students had negative news, they preferred sharing it over the phone

(Zolfagharifard, 2014). The study found that sharing an event over social media brings more

realism to it, so sharing positive events over social media tended to enhance the social media

user’s positive feeling (Price, 2014). It is worth noting that the University of Wisconsin study

focused only on a student population and that the broad population of social media users tend to

share both positive and negative content (Hetherington, personal communication, December 15,

2017).

Law Enforcement and Social Media

The 2016 Annual Social Media Survey conducted by the Urban Institute and the

International Association of Chiefs of Police studied how social media was used by law

enforcement (Kim, Oglesby-Neal, & Mohr, 2017). Survey responses were collected from 539

law enforcement agencies in 48 states and the District of Columbia. Seventy percent surveyed

responded that they use social media for gathering intelligence for investigations (Kim et al.,

2017, p. 3). However, the survey appears to focus on whether law enforcement acquired social

28
media through the legal process such as a grand jury subpoena and it did not focus on social

media obtained through open-source methods.

The LexisNexis Social Media Use in Law Enforcement survey (2014) said that 63% of

law enforcement professionals use social media in criminal investigations, but the frequency of

usage was minimal. This study revealed that only 16% of law enforcement professionals use it

daily, 32% use it 2 to 3 times per week, 31% use it 2 to 3 times per month, and 19% use it less

often.

However, when law enforcement professionals were asked how they learned to use social

media for crime monitoring or investigating crimes, 75% of respondents said that they learned

how to use social media their own (LexisNexis, 2014, p. 7). According to the LexisNexis survey

(2014), law enforcement professionals realize the benefits of social media since 73% of the 496

law enforcement professionals stated that social media during an investigation helped solve cases

faster (LexisNexis, 2014, p. 2). In fact, 78% of law enforcement agencies anticipate using social

media more in the near future (LexisNexis, 2014, p. 2). The 2014 LexisNexis survey also

showed that 77% of law enforcement professionals reported feeling comfortable using social

media for an investigation. These results suggest that law enforcement professionals are using

social media to various degrees and obtain positive results.

The 2016 Annual Social Media survey also posed a question to agencies asking which

social media training topics would be most valued (Kim et al., 2017, p. 12). The study showed

that only 11% said that social media training for conducting criminal investigations was more

valuable versus 28% who responded that using social media to engage the community was more

valuable. From this survey, it appears that law enforcement professionals feel somewhat

confident in their social media skills. However, the study itself does not measure whether law

29
enforcement professional’s self-taught social media skills are actually effective during an

investigation.

Challenges. The 2016 Annual Social Media Survey recognizes that there are two main

challenges facing law enforcement. First, 84% of agencies find keeping up with changes in social

media somewhat challenging (Kim et al., 2017, p. 11). This result is not surprising because social

media platforms have grown more complex with enhanced or added features. Second, 81% of the

agencies found it challenging to train personnel efficiently (Kim et al., 2017, p. 11). The survey

does not specify whether the social media training is related to criminal investigations. However,

the study appears to focus on the agency’s use of social media platforms to engage the public.

Additionally, there seems to be a preconceived notion that law enforcement professionals

are not entirely capable of conducting white-collar investigations. According to the 2016 Global

Economic Crime Survey by PwC, 44% of over 6,000 organizations surveyed believe local law

enforcement agencies are not resourced and trained to investigate and prosecute economic

crimes.

Command Staff Support. According to the LexisNexis survey (2014, p. 6), only 56% of

command staff at law enforcement agencies support social media as an investigative resource

while other command staff disagreed or remained neutral. The survey (2014, p. 7) also showed

that 47% of law enforcement professionals cited lack of access to social media at work as the top

reason why they did not use social media for investigations. Unfortunately, this restriction might

highlight command staff concerns over law enforcement professionals using social media for

personal use over a belief that social media does not add any value to a criminal investigation.

Social Media as Community Outreach. According to LexisNexis (2014, pp. 2-3),

agencies utilize social media to strengthen community relations, alert the public to traffic

30
concerns or public safety emergencies, and in both crime prevention and crime investigation

efforts. Because many agencies have a public safety mission, it is possible that social media is

seen by more law enforcement agencies as a tool to reach out to the community rather than an

investigative resource. In the 2016 Law Enforcement Use of Social Media Survey, 91% of

agencies use social media to make the public aware of safety concerns while 70% said they use it

to gather intelligence for investigations (Kim et al., 2017, p. 3).

Why Criminals Post on Social Media

There may be a host of different factors that play a role in why some criminals

inadvertently provide information that will assist law enforcement officials in investigations. It is

possible that social media users experience a disconnect between the real world and the online

world (Scoville, 2011). In general, it is possible that social media users believe they are hiding

behind a veil of anonymity when posting online (Scoville, 2011). Many users may have an

online identity that could be very different from the one they possess in their physical life.

Because a social media user is not dealing with someone face to face, users may feel audacious

about what they share about themselves online.

Social Media as Evidence

Social media as criminal evidence is one of the most common uses by law enforcement

professionals. There have been many cases where social media has provided law enforcement

and prosecutors with potential evidence against a defendant. New York Supreme Court Judge

Michael Corriero discussed an example of a person who claimed never to have a weapon, but

Facebook showed otherwise as he was holding a gun in each hand while smiling (Yates, 2017).

The photograph of the defendant appears to contradict his assertion that he has never possessed a

firearm. Judge Corriero points out that there are restrictions imposed more strictly on law

31
enforcement professionals than on citizens for how to obtain evidence (Yates, 2017). However, if

law enforcement professionals accessed the photograph because the defendant’s account was

public, then the image could be introduced at trial if other evidentiary standards are met. Judge

Corriero states that the internet is essentially a public domain (Yates, 2017).

Other Potential Uses of Social Media

Open-source social media can play significant, yet different roles in a criminal

investigation. For instance, prosecutors assert that Aaron Schock used public funds for his

personal benefit and to benefit individuals who he was close to on a personal and professional

level while he was a representative for Illinois (Skiba & Lighty, 2016). There were many

questionable expenditures which include lavish office decorations, a new vehicle purchase for a

staff member, giving out excessive bonuses, paying travel expenses to obtain a haircut, and

charting a private plane to attend a sporting event (Skiba & Lighty, 2016). Unfortunately, Schock

did not anticipate that data embedded in his very own Instagram posts would help investigators

connect specific events to those expenditures (Zhang, 2015). Law enforcement professionals

may have been able to use Schock’s open-source social media in this case as a basis to initiate a

full investigation, uncover additional criminal activity, and acquire probable cause for a search

warrant. Law enforcement professionals can also construct timelines, identify accomplices and

witnesses, corroborate records and statements, and develop additional background information

about Schock to conducting an interview with him.

The Future of Social Media and Law Enforcement

Social media platforms may be useful for law enforcement professionals, but these are

also a tool that criminals can utilize. Unfortunately, a platform like Facebook has been exploited

by criminals (Omand et al., 2012, p. 803). Pedophiles have used Facebook to groom young

32
children (Omand et al., 2012, p. 803). Criminals have also utilized a technique called profile

cloning where unsecured photos and information are acquired and used to create a social media

profile of a real-life user which then is used to friend others and gain access to their secure

profiles (Sauter, 2012). Criminals have even used social media platforms to hire hitmen (Omand

et al., 2012, p. 803). In fact, social media and crime have a very distinct association. England and

Wales performed an in-depth analysis and determined that there was a crime associated with

Facebook every 40 minutes (“Facebook-linked crime…,” 2012).

Big Data. Due to the vast range of information that lies within social media platforms,

certain situations may require a ‘big data’ approach (Omand et al., 2012, p. 804). Essentially, the

big data approach gathers vast amounts of data and breaks it down in a meaningful, precise, and

reliable manner (Wyllie, 2013. In fact, IBM is working with the law enforcement community to

utilize advanced analytics to further understand data and patterns to obtain better understanding

with a real-time approach (Wyllie, 2013).

Maximizing computer science experts, big data, and behavioral sciences will make it

possible to predict crime and prevent it (Young, 2015). For example, in a town outside of Seattle,

a student killed himself and others at a local high school (Young, 2015). One month before the

killings, the student made posts on Twitter inferring that he would hurt himself and others

(Young, 2015). If law enforcement professionals had been monitoring social media platform,

they might have prevented the suicide and murder.

There are also software tools that may perform linguistic analysis of individual posts

(Omand et al., 2012, p. 804). This capability could identify signature communication trademarks

that can help authenticate user content or locate users through their social media imprint. The big

33
data approach is not something that will ever replace crime analysts or investigators, but it can be

used as a way to supplement a law enforcement agency’s response to crime.

New Breed of Criminals. Street gangs commonly known for committing violent crimes

started turning to financial crimes (Booton, 2011). A New York-based gang known as the Van

Dyke Money Gang made over $1.5 million through their criminal activity (Long, 2015). Gangs

are engaging in crimes such as money order schemes, fake gift cards, or even filing false tax

returns (Long, 2015). These types of crimes are not occupational in nature but are often

associated with white-collar crime by members of the press. Financial crimes are attractive

because they have higher financial gain and the shorter prison sentences (Booton, 2011).

Since gang crimes are evolving, so is the way gangs interact. Social media platforms like

Facebook, Twitter, and YouTube are used to communicate with other gang members (Booton,

2011). In fact, gang members also turn to social media to post photos and other content to

convey a certain reputation and lifestyle which helps to recruit new members (Pelofsky, 2011).

SOCMINT’s Impact on White-Collar Crime. It is not far-fetched to think that clues

could reside on a social media platform that could help law enforcement professionals generate

potential white-collar cases. For example, if a car worth over $100,000 was purchased and

posted online by a social media user who listed his occupation as the teller at a local bank, it may

prompt a preliminary investigation by law enforcement.

Even though law enforcement professionals utilize social media, its complexities are not

widely understood, and the wealth of information may not be entirely accessed. Indeed, some

progressive companies appear to have a multi-layered approach using social media but may rely

on third parties to conduct this kind of research due to the high volume of data that needs to be

34
reviewed, collected, and analyzed. Perhaps companies find value in outsourcing this need rather

than performing the function internally.

Regardless, any misconceptions about open-source social media in investigations only

hinder law enforcement’s efforts in the fight against white-collar crime. Often, criminal cases get

publicized when social media helps law enforcement. But, the application of social media is not

just limited to those uses. There are numerous applications of social media during a white-collar

investigation that go from vetting initial tips or complaints to obtaining background information

about a target before conducting the interview. Open-source social media can also be used to

locate assets acquired through illicit means or recreate a timeline of events based on dates and

times of individual user’s postings. With a more robust understanding of how to utilize social

media, law enforcement professionals can be equipped with more information to make better

decisions about their cases.

Challenges for Law Enforcement’s Usage of Social Media

Unfortunately, any information sourced from social media has potential to be

untrustworthy. This element may dissuade law enforcement professionals from using it in a

criminal investigation. However, social media is too integrated into society to ignore completely.

To use social media in a criminal case, law enforcement professionals should be concerned with

three critical areas.

Interpretation. According to Smirnov (2017), who conducted linguistic research of

social media posts between 2008 and 2016, analysis has shown that online users are posting

more complex messages on social media today compared to the past. Smirnov (2017) measured

the average word length used in online messages as a gauge which showed that longer words are

utilized more in the present day than shorter words. It is likely that more complex messages on

35
social media may be subject to more than one interpretation. There may be cases that law

enforcement professionals could potentially misconstrue which will eventually prove to be

problematic in court.

Authenticity. There have been publicized cases of individuals who created false

identities on social media. In 2006, a 13-year-old girl named Megan Meier committed suicide

after receiving messages over MySpace from who she believed to be a 13-year-old boy (Mintz,

2012, p. 1). The boy did not exist and was a profile created by an adult neighbor who lived in the

same neighborhood (Mintz, 2012, p. 1). Unfortunately, cases like this demonstrate that people

create fake online identities over social media. There may be many motivations for doing this

which may not intentionally be nefarious. Law enforcement professionals must look critically at

the social media profiles of any involved individuals.

Meier’s case also demonstrates how individuals tend to trust that people on social media

are who they purport to be. Psychologists have found that people in society tend to believe others

more because it is part of human nature (Cohen, 2016). Law enforcement professionals must

look critically at social media profiles of any involved individuals and go through additional

verification processes to authenticate social media content before it can be part of a criminal

case.

Reliability. Unfortunately, social media itself may not be reliable at adequately capturing

all the information law enforcement professionals need during an investigation. Technology

itself can be a contributor for potential errors in social media platforms. Since smartphones are

growing to be more and more synonymous with social media, it is prevalent for users to use their

smartphones to access social media. A hypothetical situation could involve a question of

reliability that consists of a suspect who attempted to post a photo to their Facebook profile. The

36
user may not be able to post content to social media because they are in an area with a poor cell

phone signal. So, rather than the content posted in real-time, it is posted several hours later. If

law enforcement professionals in this instance solely relied on a social media post’s date and

time stamp to discern where a suspect was on a given day, this information would not be reliable.

37
 Discussion of Findings and Limitations

Social media itself goes beyond social networks and includes other types of platforms

which include photo and video sharing, microblogging, social bookmarking, social gaming, and

apps. These types of social media platforms each possess different ranges or combinations of

interactions, but what they all have in common is a level of connectivity through sharing.

Because sharing information is a fundamental component of social media, there is undoubtedly

precious information that law enforcement professionals can unearth in a criminal investigation.

For many private companies, social media has a vast array of applications that go beyond

the conventional use of each platform. Since social media intersects the lives of all kinds of

people, private companies regularly harness data embedded in open-source social media whether

it is for corporate due diligence, applicant background checks, insurance fraud investigations, or

consumer marketing. These companies rely on patterns and trends that end up becoming valuable

intelligence that advances their organization’s agenda.

For law enforcement professionals, open-source social media has the same capacity to

advance criminal investigations. However, law enforcement agencies are usually faced with

limited time and resources. With these types of limitations, law enforcement professionals must

make prudent decisions.

Based on research, there is enough to support that those law enforcement professionals

tasked to investigate white-collar crimes could possibly benefit the most from open-source social

media. Also, considering that white-collar cases tend to be more complex than others, any

potential resource is a benefit to a case. This information can help guide command staff when

making decisions about general resource allocation.

38
Similarities between White-Collar Criminals and Social Media Users

A comparison of academic and criminal justice research revealed similarities in both

characteristics of typical social media users and typical white-collar criminals. Although the

characteristics are not entirely identical, there are certain demographics that make an argument

for white-collar investigators to dedicate time and resources to utilizing open-source social media

during the investigative process.

The typical white-collar criminal and social media user possess similarities in categories

such as gender, age, educational level, and salary. Table 1 shows Facebook user data drawn from

the Pew Research Center and white-collar offender data from the ACFE 2016 Report to the

Nations. According to responses in popularity surveys and smartphone frequency tracking

studies, an avid adult social media user is most likely a Facebook user. This social media

networking platform has past steady user growth and continues to have future projections of

rising popularity. Although there is a slight gender popularity disparity among Facebook users

(who are typically women) and white-collar offenders (who generally are men), the difference

with Facebook users is minimal with only a mere 2% difference.

Individuals between the ages of 18 and 29 are the highest group of Facebook users with

88% of internet users. Even though white-collar criminals were more commonly found to be

between 31 and 45 years old, the second highest group of adult Facebook users are between 30 to

49-year-old adults. This is still a 79% popularity rate of Facebook users in this age bracket.

Both typical Facebook users and white-collar offenders had the same education level

which consisted of a college degree. Salaries were between Facebook users and white-collar

criminals were comparable. Although the ACFE did not collect information on the salaries of

white-collar offenders, people with a college degree typically obtain higher salaries than those

39
without a degree. The ACFE reported that most white-collar offenders originated from the

Accounting department of their organization. The average accounting salary in the nation was

$68,150 while majority of Facebook users were reported to have an income of over $75,000.

There is only a $6,850 difference between the yearly salaries.

Table 1. Typical Facebook User vs. Typical White-Collar Offender

Facebook User White-Collar

Offender
Gender Women 69% (Men 67%) Gender Male 55.4%
(Women 44.3%)*
Age 18-29 years old 88% (30-49 Age 31-45
years old 79%)
Education Some College/College Grad Education College Grad or
77% higher
Most Frequent Employee
Position held by
Offender
Income $75,000+ 76% ($50,000- Position held by Owner/Executive
$74,999 70%) Offender that
caused the highest
loss
Offender’s Accounting (U.S.
Department in DOL salary was
Organization $68,150*)
*U.S. Only

Although the four categories of demographics for both groups do not precisely align,

these research findings juxtaposed against each other support the notion that white-collar

criminals may be inclined more than other groups within the general population to use social

media. White-collar investigators might be able to obtain more intelligence and evidence from

open-source social media in comparison to investigators who specialize in investigating street-

level crimes.

40
Compulsion to Use Social Media

Studies performed on social media show a high rate of use. Based on this, many

individuals appear to demonstrate a compulsion to use social media based studies that show that

average users accessed their phone for nearly two and half hours per day and that most of the

activity was related to social media. There may be subtle variations of drives and motivations,

but there are core needs that emerge from research conducted on social media. The studies

showed that users utilized social media more than they thought which was further exacerbated by

having easy access to a smartphone. In particular, this finding was supported by the news reports

of criminal offenders who posted statements and content about themselves that would later be

used by law enforcement.

The research and news stories on social media point to certain user interactions that can

be broken into three simple and basic needs for using a social networking platform:

Table 2. Basic Social Media Needs

Bonding Users of social media view a post by another

user and engage that user by liking the post or

by replying to the post with some form of

feedback. This embodies an interaction

between the two social media users.

Bragging This is when a social media user puts up a

visual or written post to solicit reactions from

others in the form of likes or comments.

Essentially, this form of broadcasting, or

bragging, is one-way, until another user

41
 responds. Once there is a response, the

interaction changes to bonding for both users.

Peeking Users of social media may not have the intent

to bond with friends, brag about life events, or

broadcast personal opinions. These users may

simply go online to view content and the

interaction is typically one-way unlike

bonding which is two-way and bragging

which tries to solicit bonding.

Bonding, bragging, and peeking are simple interactions that fulfill a social media user’s

short-term need. For some, the needs of social media users appear so compelling that it

outweighs any logical thought process. Similarly, through his interviews with white-collar

criminals, Soltes concluded that they did not undergo a weighted and mindful decision-making

process before committing the crimes. It seems likely that a white-collar offender who is an avid

social media user can exhibit the same lack of sound judgment and inadvertently supply

investigators with information and evidence.

If true, the research potentially implies that even savvy, intelligent white-collar criminals

may not be immune to basic human needs that social media may satisfy. With broader use, social

acceptability, and instant access, it is no wonder that typical social media users feel more and

more compelled to share their daily activities, intimate thoughts about subjects, and post photos

of their lives. Because social media platforms have transformed into a tool for receiving and

giving recognition, connection, and appreciation, user have developed heavy personal reliance.

42
 Even in cases where a white-collar criminal does not use social media, research studies

suggest that the offender is probably connected to someone that uses it regularly. This person can

be a spouse, friend or even a child. Although not typically included as respondents in social

media surveys, children happen to be avid consumers of social media and may unknowingly

share information like photos or location data that could prove helpful in a criminal

investigation.

Therefore, white-collar investigators cannot just utilize open-source social media to

obtain potential evidence, but also unearth intelligence and even warning signs exhibited by

white-collar criminals. Offenders may often live beyond their means, have financial problems, or

have close vendor relationships. Although the research suggests that it is more likely that

positive content is shared by social media users, research has shown that a drive to share and

connect with other people may inhibit censoring private information whether it be positive or

negative.

These are findings are paramount because white-collar criminals who heavily utilize

social media may theoretically be highly susceptible to supplying valuable information to law

enforcement professionals. A full-bodied understanding of the disarming allure that social media

has over individuals will help law enforcement professionals better understand the potential

intelligence that can found online.

Lack of Social Media Standardization

Whether law enforcement professionals consistently optimize open-source social media

while conducting criminal investigations is not entirely known. However, due to the self-taught

approach that law enforcement professionals apply when learning how to use social media, one

can infer that there are varying levels of skill and expertise among investigators which will

43
inevitably yield differing results. There is no nationally-accepted professional training or

certification among law enforcement professionals that will provide a baseline for skills and

knowledge for using open-source social media in a criminal investigation.

Without proper and uniform social media practices, it can also be challenging for law

enforcement professionals to keep up with social media changes whether it be minor changes in

how the platform operates or the implementation of brand-new user features. For example,

Facebook implemented a feature called Facebook Live which allows users to post live, unedited

footage direct to the platform. Law enforcement professionals must find a way to keep up with

these developments, so they can understand how they should be used in a criminal investigation.

Unfortunately, open-source social media has various levels of complexity that go beyond

typing a name into a search bar of a certain platform. Law enforcement professionals must find a

way to develop methods for discreetly navigating through social media, preserving and

authenticating social media, interpreting social media content, replicating how social media

content was found, and possessing the ability to explain this all to a judge or jury.

Aside from being intelligence and evidence in a criminal investigation, open-source

social media can prevent certain crimes and identify information to tackle systemic crimes.

These objectives may require a broader set of social media skills that focus on general

monitoring and crime analysis. In general, open-source social media possess a variety of

applications that can assist law enforcement with their efforts.

Although most law enforcement professionals seem to agree that social media can play a

valuable role in criminal cases, this belief does not appear to be reflected in required law

enforcement training. There is an overwhelming number of law enforcement professionals that

44
are self-taught and feel comfortable using social media. Unfortunately, this informal approach

may be insufficient in producing top results.

Social media has changed at a rapid rate over the past decade, and well-known social

media platforms have become progressively sophisticated. It does not seem likely that law

enforcement professionals can keep up with these enhancements using current methods. In

criminal cases where defendants could face considerable prison time, the self-taught approach

utilized by law enforcement professionals may not even be sufficient in a court of law.

Social Media: Unreliable until Verified

Although there are numerous benefits of utilizing open-source social media in criminal

investigations, social media’s acceptance in the criminal justice system has challenges. Namely,

social media can be completely wrong or even mislead in certain instances. However, if law

enforcement can look at social media with the same level of objectivity, then it can still prove to

be valuable.

Although white-collar criminals may be avid social media users who might post

incriminating content, social media is not always dependable for truthful and accurate

information. Because of this, it is no wonder why law enforcement command staff may not

entirely support the use of social media in a criminal investigation.

Any open-source information on social media platforms is circumstantial unless it can be

authenticated and corroborated. Open-source social media is not as strong as witness testimony

or documentary evidence due to its unreliability. This stigma may exist because there is such a

variety of content on social media. There is explicit and strange content intertwined in many

postings which calls into question its creditability. There are also accounts of wide-spread

misinformation whether done by accident or on purpose that further demonstrates how unreliable

45
it is. Law enforcement professionals must prove that the social media content belongs to a

suspect or witness and that the content is accurate.

However, regardless of how unreliable it is, social media has simultaneously become a

preferred method of communication and connecting with many reputable companies and

government agencies. This common shift of using social media to communicate demonstrates

that law enforcement professionals must also adapt and accept social media.

Limitations

The varied research studies referenced in this paper have several limitations. Studies

conducted by the LexisNexis and the Urban Institute & International Association of Chiefs of

Police only questioned whether law enforcement agencies use social media during an

investigation. However, the studies did not further analyze whether law enforcement used open-

source social media or social media obtained through legal process such as a subpoena or a

search warrant. The studies also did not ask and quantify what prompted the agency to use social

media, whether it was helpful in providing leads or as direct evidence, and whether investigators

use social media for all their cases or only some.

Additionally, social networking platforms, namely Facebook, was the only type of social

media platform referenced heavily throughout this paper because of its overwhelming popularity.

Since other social media platforms was significantly less popular, it would have been difficult to

draw comparisons against platforms with such varied results. It is also important to keep in mind

that certain social media platforms were initially created to target a specific demographics.

Unfortunately, comparing statistics collected on both social media users and white-collar

criminals is not compelling enough to show that white-collar criminals are avid consumers of

social media. However, the findings merely suggest that there is higher potential for open-source

46
social media to play a role in the life of a white-collar criminal. Additional research may be

difficult to obtain because it requires either criminals to respond to a survey or for law

enforcement professionals to track each white-collar case involving open-source social media.

There is no data to suggest that law enforcement’s self-taught approach and usage of

social media is deficient, nor any research that suggests that law enforcement professionals

cannot properly utilize open-source social media during an investigation. Even though social

media is hailed by many law enforcement professionals as valuable, there is nothing that

suggests law enforcement is proficient at using social media. There are many success stories put

out by the media that show law enforcement optimizing social media. However, it is conceivable

that these news stories gain such media traction because they are rare occurrences.

To determine if law enforcement professionals did not properly obtain information during

the investigation, agencies would have to create a mechanism that would capture instances that

missed, newly acquired social media information could have played a beneficial role in a

criminal investigation. Ultimately, this task would prove to be extremely challenging.

47
 Conclusions and Recommendations

Social media is a very sophisticated form of communication in our society that can reach

a limitless audience without the restriction of physical location. Users use social media to fulfill

many personal needs which revolve around varying degrees of connection and attention. When

all online connections are open and unrestricted, there is potential for law enforcement

professionals to acquire valuable intelligence that will advance criminal investigations.

Because social media’s creditability comes into question, it is no wonder why law

enforcement command staff may not want investigators to devote substantial time and resources

to using and training on social media. However, there might be missed opportunities for law

enforcement professionals to develop a case through various leads and evidence. Thus, it is

paramount for law enforcement professionals to be properly trained in all aspects of using social

media.

Considering the prominent similarities between typical social media users and typical

white-collar criminals, there is some information to suggest that white-collar offenders may

theoretically possess more of a social media footprint than other types of criminal offenders. This

information suggests that white-collar investigators may benefit more from formal and robust

social media training over type of law enforcement professionals.

Recommendations

The Value of SOCMINT. Fortunately, intelligence communities recognized the power

of social media intelligence (SOCMINT) within recent years. The official acceptance of

SOCMINT embodies just how open-source social media is vast, valuable and permanent in

society. If law enforcement professionals can also fully comprehend social media’s true

significance in relation to individuals and society, they too can recognize its infinite potential and

48
the substantial impact on criminal investigations. A fundamental understanding of how social

media users act on social media reveals the types of information that can be acquired. Law

enforcement professionals must better articulate social media’s application to command staff and

be ready to address concerns of potential unreliability, misinterpretation, and authenticity while

demonstrating that the proper SOCMINT training and proficiency knowledge will help address

these concerns.

Professionalization of SOCMINT. Law enforcement professionals need high-level

training and sanctioned certification in SOCMINT. Adequately trained law enforcement

professionals will ensure an exhaustive and thorough search for any exculpatory and inculpatory

evidence during a criminal investigation. Professionalization of SOCMINT within the law

enforcement community with help to develop sanctioned methods and techniques which

encompass access, application, and preservation of social media content.

Law enforcement professionals need proper social media training in areas of navigation,

preservation, authenticating, interpretation, replication, and testimony. Establishment of law

enforcement SOCMINT standards will provide a high level of confidence to all stakeholders.

Proficiency certification should become a standard for law enforcement professionals.

Even though all law enforcement professionals could benefit significantly from

specialized social media training, hiring a full-time social media analyst is an ideal solution for

larger law enforcement agencies located in urban areas. This new position within an agency may

be the most effective approach that ensures social media is routinely sourced for intelligence and

evidence. Law enforcement agencies that can acquire a dedicated position will make a long-term

investment that can increase the quality of criminal investigations, namely white-collar

investigations.

49
 Additional Research Needed. Analysis of surveys suggests that law enforcement

professionals may be able to harness social media content in white-collar investigations for better

case outcome. However, in-depth, focused studies will determine just how much social media

impacts white-collar investigations. The demographics of both social media users and white-

collar criminals do not precisely mirror each other, but there is a high correlation between the

two groups. This finding warrants further examination and research to extrapolate additional data

that may guide law enforcement professionals and command staff on this topic in the future.

Conclusion

Users of popular social media platforms such as Facebook continue to grow. It has

become a social norm for users to share private content on these public online platforms. There

may even be a collective addiction to social media. Coincidently, avid social media users and

white-collar criminals share some of the same characteristics which may indicate that white-

collar offenders use social media more than others. Thus, social media content has great potential

to contain an abundance of significant information that law enforcement professionals can utilize

in white-collar investigations. The fact that social media has evolved into a discipline of

intelligence known as SOCMINT is compelling enough to show that law enforcement

professionals should possess a breadth of social media knowledge. Law enforcement efforts and

investments in SOCMINT will help generate thorough and significant investigative outcomes.

Access to all open-source social media is not just beneficial for white-collar cases, but all

types of criminal investigations. The potential for missing evidence, whether it be inculpatory or

exculpatory, is too great a loss in any criminal investigation. Failure to optimize open-source

social media in a criminal case is akin to investigating a home burglary and not interviewing the

neighbors to see whether they saw anything suspicious when the crime was committed.

50
Investigators may not have any new information, leads, or evidence after pursuing this step.

However, for law enforcement professionals to maintain the integrity of a criminal investigation,

they must exhaust all available avenues of intelligence.

51
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 Appendix

Appendix A – ACFE Occupational Fraud and Abuse Classification System (Fraud Tree)

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