**Names and other minor details are changed to protect the innocent, the guilty, law enforcement personnel and myself**

In my fourteenth year in law enforcement, my twelfth year as an investigator for the USMC Criminal Investigation Division or CID, I’m holding the billet of the Operations Chief for CID’s Office in Okinawa, Japan. I’m finding management isn’t nearly as much fun as case work.

A young, inexperienced investigator named Sergeant Williams walks into my office and says, “I’m on duty and a Sergeant Garcia is reporting that a guy that works with his girlfriend won’t leave her alone.  The situation doesn’t sound right, but I can’t figure out anything that the guy is doing illegal.”

“Well, why don’t you tell me about it,” I say.

“He says the girl wants her supervisor to quit asking her out but admits that she has dated him in the past.”

Oh, so is that it? Do we have another relationship problem where someone is hoping they can manipulate cops to control someone else? If they can, people will use law enforcement to get their way. “If that’s it,” I say aloud, “then tell him that she needs to complain to his supervisor or to the human resources office. But there is nothing we can do about it.”

“That’s what I told him but now he wants to talk to my supervisor.  Investigator Moses isn’t here right now.  Will you talk to him?”

“Sure,” I say.  “Send him in.” I don’t mind Sergeant Williams coming to me because he has responded properly despite his inexperience. If there’s no crime, we don’t get involved. The complainant is just asking for a supervisor in hopes of convincing the next step in our chain-of-command to see it his way.

Sergeant Williams brings the complainant into my office.

“Good afternoon sir, I’m Sergeant Garcia,” the complainant says.  He is a wiry, Latino with a serious look on his face, which is of medium complexion under black hair and thick, dark eyebrows over piercing, brown eyes.  He’s wearing a woodland camouflage utility uniform which is starched and pressed.  Marine’s are officially not supposed to starch this uniform because it destroys the infrared blocking properties of the material but hard-chargers who like sharp-looking uniforms do it anyway.  The smart hard-chargers have sets of these uniforms for the field that have never been starched in addition to the heavily starched sets that could stand in the corner by themselves.

“Good afternoon, what can I do for you?” I ask.

“Can we talk in private?” he responds.

“Sure.”

“I’ve got other things I can be doing anyway,” Sergeant Williams says and leaves the room.

“You’ve got my undivided attention now,” I encourage Sergeant Garcia. “What’s the deal here?”

“My girlfriend, Yuki, is an Okinawan and they don’t do things the way we do.  Mr. James is her supervisor and she won’t tell him to stop asking her out and stuff.  When she first started working for him on the base, he was a big help to her.  Her English wasn’t that good and he spent many hours, during and after work, helping her learn to speak English better.”

“Well,” I say, “if she has other skills she was hired for, such as typing and filing, it may be good for the government that he helped her with her English so much. Do you see?”

“Yeah, but he did more than spend time helping her improve her English!  He asked her out on dates to pay him back.  She felt like she had to accept because he was her boss and helped her.  Then he kept after her to have sex with him.   She felt like she couldn’t keep saying ‘no’ even though she didn’t want to have sex with him. Finally they agreed that if she would have sex with him once, it would be the last time she had to go out with him.  She only agreed because he is her supervisor and he was so determined.  It was practically rape.  Now that can’t be right, can it?”

“Not morally but I am curious.” Then I ask, “Did she willingly have sex with him as you just described they agreed?” Garcia looked miserable as I asked my question.

“Yes, but bosses aren’t supposed to have sex with people that work for them. Right?” he asks, imploring me with his eyes.

“That would be a decision for the Human Resources Office or supervisor, not CID,” I say.

There is a pregnant pause during which Sergeant Garcia hangs his head like a defeated prizefighter.  A single bead of sweat trickles off his forehead and down his nose. 

After watching the sweat drop to the floor, I ask, “Has Mr. James stopped pursuing Yuki as they agreed?”

“Stopped for awhile but he’s started asking her out again.  Tells her shit like she’s the best thing that’s happened to him and he wants to date her some more.  She’s told him about me, that we’re dating, but he doesn’t care.”

“Sergeant, what he’s doing is morally wrong and surely a violation of rules at work but it’s just not criminal.  It still should be handled at work, with an employee representative at the human resource office, or with his supervisor.” 

“But. . . ” he started to say, eyes wide with a mix of hope and despair. 

“No buts Sergeant,” I cut him off softly.  “It really isn’t rape.  She dated him and had sex with him out of a feeling of obligation.  Certainly he is morally wrong so I’d agree he deserves a reprimand on his work file, maybe even fired if he’s done this kind of thing before.  It just isn’t criminal and we don’t get involved with things like this.”  As I speak I watch the hope die, replaced with resignation.

People have tried to drag CID into messy relationship issues; I’m glad we stay out of them. The few times we have had to involve ourselves in adulteries and such, it gets ugly and no one is happy with the results, including the complainant.

“Look,” I continue after another long pause, “try getting Yuki to report it to somebody at work or the HR office.  You’re right, it is difficult for an Okinawan woman to take a stand for herself at work, especially in a case like this, but she’s going to have to if she’s a victim.  It’s the only way she’ll get help with this.  You can even call HRO or her next level supervisor yourself, if you want to. But I’m sure they won’t do anything unless she’s willing to say what happened. Maybe if you start the ball rolling, then she’ll report it and he’ll stop.”

The sergeant grudgingly admits, “I know what you said makes sense but this whole thing isn’t right.  I understand what you have told me.”  Then he takes a breath and adds one last plea, “Can’t you call him and scare him into stopping. You could tell him you know what he’s been doing and if he keeps it up, you’ll arrest him or get him fired or something.”

My laugh is short and humorless.  “That may sound like a good idea but it could cause a lot more problems than it fixes.  No.  The best thing is to involve someone who can actually affect his career, not just make threats.  I’ve told you what you can do.  Try to get Yuki to go along with reporting this and let me know how it turns out.  Okay?”

I stand up, prompting the Sergeant to stand, and usher him out, reminding him to take his starched, camouflage hat.  He walks dejectedly down the hall and out the door with his head hanging.

As I return to my office, Sergeant Williams who has been hanging out in the hallway says, “It sucks there isn’t anything we can do to help him.”

I nod in agreement and add, “Just encourage them to report it at work where somebody can do something.  Don’t stick your neck out and do something stupid.”

“If they do anything,” Sergeant Williams adds and turns towards the duty room.

I can image what Williams is thinking. I too have a strong dislike of people using their position to manipulate others, but this just isn’t the kind of situation where CID can get involved.

Two Weeks later, Sergeant Garcia is back in my office. 

“Investigator Charles,” Sergeant Garcia starts excitedly, “Yuki won’t say anything and now Mr. James is sending me threats. I don’t know what to do.”

“What do you mean he’s threatening you?” An alarm goes off in my head when people start threatening each other, one effect of fourteen years in law enforcement.

“Yuki told him about me talking to you and I guess he looked me up on the email list.  He sent me an email and told me what he and Yuki do together is none of my business and he can make things really rough for Yuki and me if I don’t stay out of it.”

“That’s pretty bold of him,” I say. Making a threat like this indicates Mr. James probably is a Perpetrator instead of just a pervert.  But what does this Perp have to gain from the threat?

“But there isn’t anything he can do to you,” I say aloud. “I wouldn’t worry about it.”

“I’m not but Yuki is.  She said she’s gonna stop going out with me because she doesn’t wanna get me into trouble.”

Aha, Garcia is afraid of losing his girlfriend.  There are a couple possible scenarios.   It might be exactly as Garcia says or she may be getting this other guy to help her dump Garcia indirectly.  The girlfriend could be dumping the sergeant for the money her supervisor makes.  She might not be telling this guy the whole story or he might not be telling it to me straight.  I decide to fish a little.

“Sergeant, I am sorry that your girlfriend is breaking up with you but don’t get yourself into trouble trying to get back at the other man.”

“That’s not it at all!” Garcia insists.  “This guy’s an old pervert who is taking advantage of his position.”

“If so, tell the right people what’s happening, like I told you.  There’s nothing else you can do about it but at least you have an email you can bring in to go along with your report.  Maybe Yuki is ready to end it with you and just doesn’t know how to tell you. Maybe she’s trying to spare your feelings?”

“Wha’ d’ya mean?” His face darkens and temper starts to show.

“Maybe she really likes this other guy who’s been so helpful to her.  Maybe she went out with him because she wanted to and that’s why she won’t report what she told you to anyone else.”

“I know better,” he insists.  “And you didn’t see the email Mr. James sent me.”

“What about the email?”

“He said that I better break it off with Yuki and give him any naked photographs I have of her or else he would get Yuki fired and get me into trouble.”

“How does he know you have naked photographs of her?” I ask.

“That’s just it. I don’t have any naked photographs of her.  Yuki said he wanted to take pictures of her but she wouldn’t let him.  He wants some photos and is hoping I have some he can get.  He’s trying to twist my arm for some naked photos while he breaks us up.  Yuki told me she would tell a cop the truth but she couldn’t tell people at work.  I guess it’s cultural but she just won’t report it at work.”

“Do you still have this email?” I ask.

“Yeah.”

“Let me think about this a moment.”  I turn and pull out my reference copy of the Uniform Code of Military Justice, or UCMJ, and leaf through it.  Dealing with civilians is difficult overseas. The UCMJ doesn’t actually apply to them unless they are in a combat zone and the United States Code doesn’t always apply either. How they are prosecuted, if they are prosecuted, largely depends on Status of Forces Agreements with the host country and the rules agreed to by the employee as a condition of employment.  I consult the UCMJ because I am most familiar with it, and I consult with lawyers at the Staff Judge Advocate’s Office as needed.  I find what I am looking for, read it, and stand up.  “I’ll be back in a moment.”

This could be extortion but I don’t want to bring it up in front of Garcia.  I go to another room.  I call the Staff Judge Advocate’s office and confirm my opinion with one of the attorneys on the prosecution staff.  The attorney agrees that I need something concrete on Mr. James, like his receiving extorted property from Sergeant Garcia.   Extortion is an intent crime and if Mr. James is extorting Sergeant Garcia for pornographic photos of Yuki, how can we prove it?  Mr. James clearly needs to be caught in the act but there aren’t any photos to be extorted.

I explain my plan to the attorney:  “I’ll have Sergeant Garcia reply to Mr. James’ email with a message agreeing to give the photographs James has demanded in return for Mr. James leaving him and Yuki alone.” 

“I thought you said there weren’t any photographs?” the attorney asked.

“There aren’t, but James doesn’t know that.”

The attorney and I share a laugh. Then I continue, “Garcia gives our Perp a time and place of our choosing for handing over the photographs but Garcia will have an envelope filled with harmless photos or even just paper. When the Perp comes to the meeting place and accepts the envelope, he will have demonstrated his intent and we’ll apprehend him.”

“That would work,” the attorney agrees, “especially if Yuki provides a statement that backs up what Garcia’s saying.  Make sure Garcia sends you a blind copy when he sends that email to this Mr. James.”

I return to the room where Garcia is waiting. 

“Come with me.”  I lead him into another office, “Sergeant Garcia, this is Mr. Ukura, an Okinawan Interpreter.” 

After a quick explanation, I tell the interpreter, “I would like one of the female interpreters to call this Okinawan girlfriend Yuki in and get her statement.”  

Turning to Garcia, I add, “Give Mr. Ukura whatever information he asks about Yuki so he can set up the interview with her.  Then get me a printout of that email and we’ll get your statement down.”

By the next day, we have the email and the statements.  I am convinced that Mr. James is guilty of trying to extort pornographic photographs from Sergeant Garcia. This is not just a relationship problem; it’s a crime. Ruining the careers of Garcia and Yuki is a pretty weak threat but it’s enough to constitute extortion if Yuki and Garcia could believe it.  This is clearly possible because Yuki does believe it and is still worrying over losing her job and hurting Garcia’s career.

The problem is still in proving it.  The email and statements are a little shaky by themselves.  A lawyer would argue that the emails could have been sent by someone else. Testimony by people possibly involved in a lover’s triangle, however unlikely such a triangle may seem, could sound a bit questionable. Basically, the definition of reasonable doubt. What is needed here is to catch Mr. James in the act of receiving the extorted goods. 

I have Garcia reply to Mr. James’ email while I’m looking over his shoulder. Garcia indicates he’s got the photos Mr. James wants but has to have a promise to leave him and Yuki and their careers alone in exchange.  Sergeant Garcia describes where and when he’ll turn-over the photos – all details I have provided.

To my surprise, Mr. James replies within fifteen minutes. He says he’ll be there and Garcia had better not try anything funny.

Have I gotten carried away setting up this sting operation?  Self-evaluation time. I know my plan uses more law enforcement personnel than normal: There were several Marine investigators; a five-man, military police, special reactions team also known as SRT; and the military policemen on duty to coordinate.  I don’t want the Perp to be able to slip away and have some deniability – some excuse a judge or jury would believe is possible.  The exchange is to take place at a barracks I chose for its location, while hoping the Perp doesn’t know it is not even Garcia’s barracks.  The meeting spot will force the Perp to drive his car into a loop driveway with a single entry/exitway sandwiched between the barracks and a sharp drop off.  I assign a team to watch from within the barracks, a team in a car to block the exit way and a team to rush in and make the apprehension, protect Garcia (who probably would have had no problem with James anyway, but it would not be good for law enforcement to get a cooperating witness hurt), secure the scene, and gather evidence.  I’ve decided to use a squad of about 12 to nab a nearly 50-year-old pervert. I figure if I try using the minimum military law enforcement personnel, the Perp might just slip through my net.   

I question my plan as it is about to kick off.  The plan has developed fast, should I slow it down?  Everyone is happy to be involved – military law enforcement rarely gets a chance to do something quite like this.  I will stick with the plan. I want to strike while the iron is hot.  Over time the Perp might figure out something is not quite right, think better of his actions and not show up.  I am counting on the depraved desires of a screwed-up and sexually frustrated man in the heat of the moment to drive him further in his extortion and right into my trap.

Two other people stand next to me, concealed in the foyer area of the barracks. We are looking out of small windows in the foyer and door.  Sergeant Garcia’s sitting on the steps just eight feet from the other side of the door. We’re all waiting for our Perp to pull up.  Garcia is doing well.  He sits calmly except for the tap, tap, tap of the fat, manila envelope against his leg. 

Another five minutes go by.  It’s now only a few minutes until Mr. James’ prearranged show time.  Five more minutes slowly tick by.  The Perp should be here any time.  Fifteen minutes crawl by. Maybe the Perp has wised up and quit this silly game. 

Just as that thought materializes in my mind, a brown, four-door, Japanese-make car pulls into the circle drive of the barracks.  It rolls in a clockwise fashion, a quarter of the way through the loop, which leaves the barracks on the car’s left.  The driver’s side of the Japanese car is on the right and therefore to the far side of where Garcia is sitting.  The driver is in shadow but the car fits the description Yuki provided, which matches the description of the car registered on-base to Mr. James.  Garcia makes the final confirmation by standing up and walking slowly towards the curb. 

“Sedan one, move into position as planned,” I speak softly into a handheld radio.

The Perp’s car stops in the drive, at the curb, directly at the end of the walkway.  As Garcia approaches it, the window goes down.  Mr. James is still difficult for us to see on the far side of the car.  Garcia halts a pace back from the car and Mr. James leans over towards us bringing his face into view.  The fat, middle-aged face is not what I imagined when I read the extortion email.  He’s probably somebody’s grandfather. But now the Perp is looking towards Garcia with a stern look on his otherwise soft features and is speaking words with a cruel grimace.  Too far away to hear — 

My radio cackles, “Should we go?” I am glad to have the thick exterior walls between myself and Mr. James about thirty yards away. 

“Stand by!” I whisper rather loudly. “Remember not to move until the suspect takes the envelope from the witness.”

While I’m speaking, Garcia sticks the edge of the envelope just within the open window of the Perp’s vehicle.  The unmarked sedan with two investigators should be slowly rolling towards the barracks driveway exit to block the escape route but I cannot see them from my vantage point and dare not make any more noise than is absolutely necessary. 

The Perp’s hand closes on the envelope.  Sergeant Garcia stands upright and steps back. 

“Now!”

Doors to the barracks explode open. Ten armed, plain-clothes or black, armor-clad cops burst forth from three different directions.  The Perp throws the car into gear and hits the gas.  The car tears around the circle with a squeal.  As it finishes the complete turn, it screeches to a halt. The Military Police sedan has taken its position blocking the way.  The lay of the land has done the rest of the job.

A half-dozen men yell orders at the Perp who is crying out incoherently.  He is pulled from the running vehicle while it is still in gear.  A young cop slides into the just-vacated driver seat and slams the car into park. 

The Perp is slowly being pulled, directed and pushed out of the roadway and down onto the ground, belly first.  Too many people are yelling directions at the Perp, “Look to your right!”  “Spread your arms and legs!” “Keep your head down!” “Open your hands!” “Put your palms up!” The commands continue from all around, confusing the Perp; so I step near the center of the action while pointing at the leader of the SRT team and shout over the storm of voices, “Staff Sergeant Givens is the only one to direct Mr. James!  Let SRT do their job.”

The scene, including the Perp, is quickly wrapped up.  The Staff Sergeant capably directs his team as they search and hand-cuff the cursing old pervert we have nabbed.  An investigator capably directs his 3-man team to secure the car and the evidence.   Another investigator and a military policeman walk with Garcia towards a car standing-by in the parking lot on the other side of the barracks.  They’ll return to the station to get his statement describing exactly what happened and what the Perp said, while it is still fresh in his mind. 

Shortly after, the Perp is loaded into the back seat of the sedan that had blocked him in.  He’s still cursing and sputtering, “Get your damn hands off me!  You fucking, damn-well, can’t do this to me!  I am a civilian! You can’t do this! I’m an important fucking person on this base!” 

“Shut up!  You’re being detained for extortion!” a Marine roars. The Perp finally quiets down. 

“Stevens, read him his rights,” the SRT Staff Sergeant directs the Marine already in the back seat buckling the seat belt over the Perp. 

The door shuts and the sedan eases away.