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Why did the Sheriff’s Dept. turn the McStay case over to the FBI?

Update 4/12/13 Patrick McStay, Joseph’s father has an interesting theory about why the McStay case has been transferred to the FBI which he posted on April 12. 

Below is the press release from the San Diego County Sheriff’s Dept. about transfer of the case.  Below that is “So, What Does This Mean” which are my thoughts on it all. 

A statement issued by the San Diego Sheriff’s Dept., Homicide Unit on April 9, 2013 by Lt. Glenn Giannantonio regarding the missing McStay family from San Diego County.

 “The case of the missing McStay family from Fallbrook has been investigated by the San Diego County Sheriff’s Department since they were reported missing in February 2010.

Over the last three years, the Sheriff’s Department has conducted an exhaustive missing person investigation in an attempt to locate the family. Hundreds of tips have been investigated without success. Since the case was initiated, we have worked closely with the San Diego Division of the Federal Bureau of Investigation (FBI), as well as other law enforcement agencies. The consensus is the family, in all likelihood, traveled into Mexico of their own free will. There has been no contact or communication from them since February of 2010.

Due to the fact that the family is believed to be out of the country, and because minor children are involved, the primary investigative responsibility for the case is being transferred to the FBI. The FBI is the most appropriate law enforcement agency to continue the investigation since they have significant experience and investigative assets in foreign countries. The Sheriff’s Department will continue participating in the investigation in a supporting role.

Anyone with information about this incident is asked to call Crime Stoppers at (888) 580-8477. You can remain anonymous and be eligible for up to a $1,000 reward for information leading to the resolution of the case.”

So, what does this mean?

According to the FBI, they do not “take over” an investigation.  They state thatState and local law enforcement agencies are not subordinate to the FBI, and the FBI does not supervise or take over their investigations. Instead, the investigative resources of the FBI and state and local agencies are often pooled in a common effort to investigate and solve the cases”

So, if the FBI is stating they don’t “take over” an investigation, then why is the sheriff department saying they are?  Well, maybe it has to do with the McStay children.  According to the FBI they will initiate a kidnapping investigation involving a missing child 12 or younger even though there is no known interstate aspect. But, why now?  Why not when they first disappeared.  Have they dug up something that leads them to believe that the children are in danger?

The FBI has authority to investigate specific crimes that are of National Security Priorities, like counterterrorism, counterintelligence, and cyber crimes; or Criminal Priorities, which include public corruption, civil rights, organized crime, white-collar crime, and major theft or violent crime.  Has the case turned in that direction and that is why the FBI is involved?

There are instances when the FBI may get involved in an investigation of a local or state police agency.  If the FBI believes that the officers in the local agency are not properly carrying out the investigation or have undermined the investigation in someway.  And the involvement would only be in line with its mission like corruption or civil rights being trampled on.   Remember the FBI does not arbitrarily decide to investigate crimes in local jurisdictions.  We can only assume that this is not the reason that the case has been transferred to the FBI, because I don’t think the Sheriff’s Dept. would release a press release about it, if that was the case.

After further research into why the Sheriff’s Department is turning the case over to the FBI, I find that it leaves me with more questions than answers.

Did the Sheriff’s Department really turn the case over the the FBI or did the FBI ask the Sheriff’s Department to give the case to them?

Has the Sheriff’s Departments investigation into the case led them to believe that there is a “specific crime” that falls under the jurisdiction of the FBI and that is why the case has been transferred?

If the case transfer is all about the minor children, then why didn’t they take over the case when they first went missing?

Additional thought on 4/12/13 – Or is it because of what Patrick theorizes?

Click here to learn the reasons why Patrick McStay believes Joseph and his family met with foul play.

Read more about the case here:  Rumors and Lies will be ever know the truth?

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