NCJ Number
67032
Date Published
1979
Length
68 pages
Annotation
FINDINGS AND RECOMMENDATIONS ARE REPORTED FROM A GENERAL ACCOUNTING OFFICE ASSESSMENT OF THE JUSTICE DEPARTMENT'S STRATEGY FOR COMBATTING FRAUD IN FEDERAL PROGRAMS.
Abstract
IN MANY FRAUD CASES, CONSIDERATION IS RARELY GIVEN TO POTENTIAL CIVIL REMEDIES UNTIL AFTER A CRIMINAL CASE IS COMPLETED. CONSEQUENTLY, CIVIL REMEDIES ARE OFTEN UNTIMELY, REDUCING THE CHANCE FOR RECOVERING LOSSES. ALTHOUGH JUSTICE OFFICIALS HAVE ESTABLISHED A POLICY ADVOCATING THE COORDINATION OF CRIMINAL AND CIVIL ACTIONS, A REVIEW OF NINE JUDICIAL DISTRICTS AND THE JUSTICE DEPARTMENT'S CIVIL DIVISION SHOWED THAT LITTLE PROGRESS HAS BEEN MADE IN IMPLEMENTING THE COORDINATION POLICY. JUSTICE HAS NEITHER PROVIDED ADEQUATE GUIDANCE TO ADDRESS ATTORNEYS' CONCERNS ABOUT LEGAL BARRIERS TO EARLY CONSIDERATION OF CIVIL SANCTIONS, NOR DEVELOPED AN EFFECTIVE REFERRAL SYSTEM WHICH WOULD HELP ENSURE THAT FRAUD CASES ARE REVIEWED FOR CIVIL PROSECUTION AT AN EARLY STAGE. JUSTICE'S ATTORNEYS ALSO DO NOT ADEQUATELY CONSIDER DEFENDANTS' FINANCIAL STATUS WHEN COMPROMISING AND SETTLING FRAUD CASES. ADDITIONALLY, ITS EFFORTS TO OVERSEE AND MONITOR THE COLLECTION OF FRAUD DEBTS HAVE BEEN UNSATISFACTORY. BETTER ATTORNEY TRAINING AND THE ENFORCEMENT OF COORDINATION POLICIES REGARDING CIVIL CRIMINAL ACTION IN FRAUD CASES WOULD HELP IMPROVE THE EFFECTIVENESS OF ACTION AGAINST FRAUD. JUSTICE AGREES WITH THE RECOMMENDED APPROACHES, BUT DOES NOT ACCEPT ITS FAILURE IN CERTAIN AREAS. SEVERAL LETTERS ARE APPENDED. (AUTHOR ABSTRACT MODIFIED--RCB)