NCJ Number
56966
Journal
Police Chief Volume: 46 Issue: 5 Dated: (MAY 1979) Pages: 36,38-40
Date Published
1979
Length
4 pages
Annotation
THIS ARTICLE DISCUSSES THE INHERENT PROBLEMS OF PROSECUTING CRIMINAL FRAUD CASES, SETS FORTH THE FEDERAL FRAUD STATUTES, AND PROVIDES CASE HISTORIES OF FRAUDULENT SCHEMES.
Abstract
MANY PROSECUTIONS FOR CRIMINAL FRAUD ARE BROUGHT BY THE UNITED STATES IN FEDERAL COURTS, EVEN THOUGH THE OFFENDER COULD BE PROSECUTED BY INDIVIDUAL STATES. STATES, HOWEVER, FREQUENTLY LACK THE PROSECUTORIAL EXPERTISE AND THE FINANCIAL RESOURCES TO CONDUCT COMPLEX FRAUD PROSECUTIONS. SUCH CASES MAY REQUIRE SEVERAL WEEKS TO PRESENT, AND MAY NECESSITATE FOR DOZENS OF WITNESSES AND THOUSANDS OF EXHIBITS, OVERBURDENING BOTH THE COURTS AND ATTORNEYS. BECAUSE JUDGES FREQUENTLY EXCUSE REGULARLY EMPLOYED PERSONS FROM SERVING ON THE JURIES OF SUCH LENGTHY TRIALS, THE JURIES FOR FRAUD CASES TEND TO HAVE A DISPROPORTIONATE NUMBER OF RETIRED OR UNEMPLOYED PERSONS WHO MAY BE LESS QUALIFIED TO COMPREHEND THE COMPLEXITIES OF THE CASE THAN OTHER CITIZENS. ILLICIT ELECTRONIC FUNDS TRANSFERS AND COMPUTER-RELATED FRAUDS ONLY SERVE TO INCREASE THE DIFFICULTIES OF PROSECTORS. FEDERAL FRAUD STATUTES INCLUDE NOT ONLY PROVISIONS CONCERNING THE MAKING OF FALSE STATEMENTS IN GOVERNMENT CONTRACTS AND TAX FORMS, BUT ALSO PROVISIONS ON COUNTERFEITING, THEFT OF GOVERNMENT PROPERTY, AND THE SALE OF WORTHLESS SECURITIES. SELECTED EXAMPLES OF SUCCESSFUL PROSECUTIONS UNDER THESE STATUTES ARE LISTED. THE VIGILANCE OF OFFICIALS AND CITIZENS IS RECOMMENDED. CASE CITATIONS ARE PROVIDED. (TWK).