NCJ Number
64111
Journal
Australian Police Journal Volume: 33 Issue: 4 Dated: (OCTOBER 1979) Pages: 225-240
Date Published
1979
Length
16 pages
Annotation
THE SOCIOLOGICAL ASPECTS OF FRAUD, PARTICULARLY AS MANIFESTED IN AUSTRALIA, ARE DISCUSSED; TOPICS INCLUDE THE CONCEPT OF FRAUD, THE FRAUD OFFENDER, SENTENCING, DETERRENCE, AND MEDIA REPORTING OF FRAUD.
Abstract
PROFESSIONAL CRIMINALS THROUGHOUT THE WORLD ARE TURNING TO WHITE-COLLAR CRIME. THESE OFFENSES RANGE FROM SIMPLE VALUELESS CHECKS TO HIGHLY COMPLEX FINANCIAL TRANSACTIONS, OFTEN DESIGNED WITH THE ASSISTANCE OF SKILLED LEGAL AND FINANCIAL EXPERTS. ESTABLISHING THE FRAUDULENT NATURE OF THESE ENTERPRISES IS DIFFICULT, AND BRINGING THE OFFENDERS TO JUSTICE PRESENTS SPECIAL PROBLEMS. OFTEN, PROOF OF A SWINDLE CAN BE FOUND ONLY IN DOCUMENTS WHICH MAY HAVE DISAPPEARED BEFORE THE POLICE BECOME INVOLVED IN THE INVESTIGATION. PREVENTION OF FRAUD OFFENSES IS EXTREMELY DIFFICULT EXCEPT THROUGH DETERRENCE BROUGHT ABOUT BY SUCCESSFUL PROSECUTION ACTION. SUCH ACTION IDENTIFIES OFFENDERS, NEGATES THEIR CAPACITY TO COMMIT OFFENSES, AND THUS PREVENTS FUTURE CRIMES. PROMPT REPORTING BY MEMBERS OF THE PUBLIC IS IMPORTANT IN THE TRACING AND DETECTING OF OFFENDERS. PUBLIC AWARENESS OF THE WIDESPREAD EXISTENCE OF FRAUD IN SOCIETY WOULD PROVIDE THE BASIS OF PREVENTIVE MEASURES. MORE ADEQUATE SUPERVISION OF EMPLOYEES OF COMPANIES AND FEAR THROUGH AUDITING WOULD ALSO ACT AS EFFECTIVE DETERRENTS. IN ADDITION, GREATER EASE OF ACCESS TO THE RECORDS OF FINANCIAL INSTITUTIONS WOULD FACILITATE FRAUD INVESTIGATIONS FOR THE POLICE. CHANGES IN THE LAWS RELATING TO EVIDENCE, WHERE NECESSARY, TO ADMIT COMPANY RECORDS WITHOUT THE NECESSITY OF CALLING PERSONS RESPONSIBLE FOR MAKING THE RECORDS WOULD FACILITATE COURT HEARINGS. CONTESTED FRAUD CASES ARE LENGTHY. LEGISLATION RESTRICTING TESTIMONY TO RELEVANT ISSUES ONLY WOULD ALLEVIATE THE PROBLEM. LAY JURIES ARE FREQUENTLY CONFUSED BY THE COMPLEXITY OF MATERIAL, AND FREQUENTLY DECIDE IN FAVOR OF THE BARRISTER WITH THE GREATER ORATORY SKILL. POSSIBLE SOLUTIONS TO THIS PROBLEM INCLUDE SPECIALIST JUDGES OR JURIES QUALIFIED TO COMPREHEND THE INTRICACIES OF A FRAUD PROSECUTION. THE ANSWER TO FRAUD PREVENTION AND DETECTION LIES WITH THE PUBLIC. IT TAKES TWO TO CREATE A FRAUD, THE VICTIM AND THE OFFENDER. FOOTNOTES AND A SELECTED READING LIST ARE INCLUDED IN THE ARTICLE. (AUTHOR ABSTRACT MODIFIED--LWM).