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He Makes Legality Byte in Counterfeiting World

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Los Angeles County Sheriff’s Det. Jess Bembry can spot a packet of counterfeit computer software faster than you can say “gotcha.” Maybe the security hologram is 1/32 of an inch smaller than it should be. Maybe the certificate of authenticity contains a few typos. Maybe it’s missing the hidden security marks of the real thing.

Bembry, a 26-year veteran of law enforcement, is among a growing number of detectives in the United States steeping themselves in the arcana of technology to catch white-collar criminals who have turned to this lucrative crime.

Since 1994, when Bembry began investigating high-tech crime, his unit has confiscated counterfeit software worth more than an estimated $50 million.

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Bembry’s job varies from day to day. He might pose as a buyer of counterfeit holograms, testify before a grand jury about a takeover robbery at a computer chip factory or conduct surveillance on overseas smugglers bringing in thousands of counterfeit CDs.

“Your training is ongoing in this business,” Bembry says. “The technology’s changing a lot faster than we can keep up.”

The stakes are high. For instance, Bembry says, a criminal with a CD-replicating machine--a fancy little piece of equipment that sells for $1.25 million--can press music, film or computer CDs as fast as one every 4.5 seconds, depending on what information is programmed into the master stamper. The cost: 34 cents each, compared with some specialized software that can cost hundreds of dollars or more for bona fide versions.

Because of the complexity of his investigations, Bembry often works closely with private companies to share information, set up stings and coordinate investigations.

Several years ago, when he was tailing suspects who allegedly counterfeited $3.4 million worth of Microsoft software, the computer giant flew Bembry up to its Redmond, Wash., headquarters for three days to give him a crash course on how to authenticate its products.

“Law enforcement is one of the key ways that we track down counterfeiters,” says Sarah Alexander, Microsoft’s international corporate issues manager. “Lots of times we will refer a case to local police. . . . It’s valuable to us when police and sheriffs have decided to focus on high-tech crime and recognize it as a serious problem.”

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Ironically, Bembry chases his high-tech criminals with a lot of low-tech tools, due to budget shortfalls in the Sheriff’s Department. His office is still waiting to get e-mail. He doesn’t have a computer at his desk. But he does haul around a department-issue laptop, which comes in handy when drawing up search warrants--sometimes from the parked car in which he’s overnight surveillance.

Unlike homicide detectives, Bembry doesn’t get extra specialty pay for his technical expertise. In his department, senior detectives make about $63,000 annually. But a second career could be waiting in the private sector. Microsoft, for instance, has more than 100 people whose sole job is working on software piracy issues.

One thing is certain: The problem shows no sign of going away, which means plenty of employment for those with security skills.

“There’s probably as much counterfeit software out there as there is authentic,” Bembry muses. “The criminal of tomorrow is not going to be armed with guns but with computers.”

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Freelance writer Denise Hamilton can be reached at hamilton@loop.com.

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