NCJ Number
210804
Journal
American Criminal Law Review Volume: 42 Issue: 2 Dated: Spring 2005 Pages: 497-544
Date Published
2005
Length
48 pages
Annotation
This article describes the development and application of three Federal criminal statutes that criminalize offenses by or against financial institutions.
Abstract
Following the brief introduction in section 1, section 2 describes the Bank Fraud Statute, which covers a variety of offenses against Federal institutions and was designed to protect the interests of the Federal Government in its role as insurer of financial institutions. Various offenses covered by the Bank Fraud Statute include check-kiting, check forging, stolen checks, and credit card fraud. To win a conviction under this Statute, prosecutors must prove several elements, including that the defendant knowingly engaged in a scheme to defraud a financial institution. The three main defenses to prosecution under the Bank Fraud Statute are reviewed and their limitations are identified; defenses include arguments about custody or control, good faith, and a multiplicitous indictment. Penalties and supplemental enforcement mechanisms are also discussed. Section 3 focuses on the criminal penalties under Section 1818 of Title 12 of the United States Code, which apply to bank officers, employees, controlling stockholders, appraisers, attorneys, and accountants who commit certain offenses against financial institutions. The scope, elements, and penalties associated with violations under Section 1818 are outlined. Section 4 turns to a discussion of the Bank Secrecy Act, describing its statutory rationales, its record-keeping and reporting requirements, and the offenses related to structuring transactions to avoid the reporting requirements. Footnotes