NCJ Number
65937
Date Published
1979
Length
95 pages
Annotation
THIS REVISED MANUAL PROVIDES LAW ENFORCEMENT PERSONNEL WITH UPDATED INFORMATION NECESSARY TO COMBAT AUTO REPAIR FRAUD AND INCLUDES DISCUSSIONS OF PRACTICAL ALTERNATIVES TO PROSECUTION.
Abstract
IT EMPHASIZES THE GOVERNMENT/INDUSTRY COOPERATION CONCEPT THAT ENABLES THE AUTO INDUSTRY TO POLICE ITSELF, THE SHOP OWNERS TO GAIN ASSURANCE THAT INVESTIGATIONS ARE RUN FAIRLY, AND THE DISTRICT ATTORNEY TO GAIN CREDIBILITY WHEN INVESTIGATIONS ARE CONDUCTED EFFICIENTLY. SEVERAL EXAMPLES OF MODEL MEDIATION PROGRAMS THAT INVOLVE BOTH INDUSTRY AND THE COMMUNITY IN RESPONDING TO AUTO REPAIR REPAIR COMPLAINTS ARE DISCUSSED. THEY ARE THE AUTOMOTIVE CONSUMER ACTION PROGRAM (AUTOCAP), DESIGNED TO HANDLE NEW CAR COMPLAINTS IN NEW YORK, AND THE PANEL FOR AUTOMATIVE COMPLAINTS IN KINGS COUNTY N.Y., (PACK) WHICH DEALS WITH ALL AUTOMOBILE REPAIR COMPLAINTS. GUIDELINES FOR CONDUCTING AUTO REPAIR FRAUD INVESTIGATIONS AND PROSECUTIONS FOCUS ON PROPER TARGET SELECTION FOR CRIMINAL INVESTIGATIONS, PREPARATION OF A VEHICLE TO DETECT FRAUDS, PRESERVATION OF EVIDENCE, AND ARREST PROCEDURES. LEGAL CONSIDERATIONS AND ALTERNATIVES FACED BY LOCAL PROSECUTORS ARE ALSO DISCUSSED IN VIEW OF THEIR NEED TO DETERMINE RELIANCE BY THE VICTIM, THE MONETARY AMOUNT IN QUESTION, AND THE DEFENDANT'S KNOWLEDGE AS TO THE FALSITY OF HIS STATEMENTS. OTHER TOPICS DISCUSSED INCLUDE INVESTIGATION OF AUTOMOBILE INSURANCE FRAUDS (I.E., THE STAGED ACCIDENT, THE INFLATED DAMAGE CLAIM, AUTOMOBILE PERSONAL INJURY FRAUDS, ETC.), METHODS OF PROBING ODOMETER ROLLBACK FRAUDS, AND THE INVESTIGATION AND PROSECUTION OF ILLEGAL SALVAGE OPERATIONS AND 'CHOP-SHOP' OPERATIONS. APPENDIXES CONTAIN THE MOTOR VEHICLE THEFT PREVENTION ACT OF 1979, AUTOCAP COMPLAINT FORMS AND BROCHURE, THE PACK PACKAGE, A REPORT CONCERNING THE ODOMETER ROLLBACK FRAUD IN WESTCHESTER COUNTY, N.Y., THE 10 COMMANDMENTS OF AUTO REPAIR, AND A LIST OF INSURANCE CRIME PREVENTION INSTITUTE REGIONAL OFFICES. FOOTNOTES ARE INCLUDED. (WJR)