Upload
calvinshaw
View
812
Download
2
Embed Size (px)
Citation preview
Introduction
• Larceny/theft is one of the eight index crimes reported in the Federal Bureau of Investigation’s Uniform Crime Reports (UCR)
• Reported larceny/thefts exceed the combined total of all other index crimes
• Minimum financial threshold of $250,000 for federal investigators to take the case
Hess 14-2
PROPERTY CRIME
• Larceny is committed through cunning, skill and criminal design
• No force or threat of force is involved
• Characterized by deceit, concealment or violation of trust
• Goal is monetary gain
Hess 14-3
Larceny/Theft: An Overview
ELEMENTS
• Felonious stealing, taking, carrying, leading or driving away of another’s personal goods or property
• Valued above (grand) or below (petty) a specified amount
• With the intent to permanently deprive the owner of the property or goods
Hess 14-4
Elements of the Crime: Larceny/Theft
TWO MAJOR CATEGORIES
• Grand larceny
Felony
In many states, $100 or more
• Petty larceny
Misdemeanor
In many states, less than $100
Hess 14-5
Classification of Larceny/Theft
ISSUES
• Keeping or selling property lost by the owner is a form of theft
• It is not legal possession
• Reasonable effort must be made to find the owner
• Owner, if located, must pay the cost of such inquiries
Hess 14-6
Found Property
OBSTACLES
• Similar to investigating a burglary
• Even less physical evidence is available
• No illegal or forcible entry occurred
• Do not give impression that the report is unimportant
Hess 14-7
The Preliminary Investigation
PICKPOCKETS AND PURSE SNATCHERS
• Victim must identify the thief
• Looping
BICYCLE THEFT
• Bicycle theft rings
• Sold for parts or repainted
Hess 14-8
Types of Larceny/Theft
THEFT FROM MOTOR VEHICLES
• Most common complaint received
• Small property value
MAIL THEFT
• Flaggers
• Felony-level federal offense
Hess 14-9
Types of Larceny/Theft
RETAIL SHRINKAGE
• Employee theft
• Shoplifting
• Organized retail crime
JEWELRY THEFT
• Because jewel thievesoperate interstate, theFBI becomes involved
Hess 14-10
Types of Larceny/Theft
ART THEFT
• Losses run as high as $6 billion annually
• International problem
COINS, METALS AND PAPER MONEY
• Obtain exact description of the coins
• Gold, copper, silver and aluminum are valuable
Hess 14-11
Types of Larceny/Theft
AGRICULTURAL THEFT
• Timber
• Cactus
• Livestock
• Farm equipment and chemicals
FISH AND WILDLIFE THEFT
• Poaching
Hess 14-12
Types of Larceny/Theft
OBTAINING PROOF
• Prove that the property is missing
• Bills of sale or receipts
• Evidence that the owner had custody
• Owner can testify to the actual value
• Take statements from the owner
Hess 14-13
Proving the Elements of the Crime
OVERVIEW
• General term used for deceit, trickery and cheating
• Activity of persons pretending to be what they are not
• Often involves use of interstate communications devices
• Most types of fraud fall under FBI jurisdiction
Hess 14-14
Fraud
CONFIDENCE GAMES
• Money or property is obtained by a trick
• Short and long con game
REAL ESTATE AND MORTGAGE FRAUD
• Equity skimming
• Property flipping
• Inflated appraisals
Hess 14-15
Fraud
INSURANCE FRAUD
• Premium diversion by agents
• Workers’ compensation fraud
HEALTH CARE FRAUD
• Throughout entire country
• Medicare and Medicaid the most visible programs affected
Hess 14-16
Fraud
MASS MARKETING FRAUD
• False or deceptive representations to induce victims
• Advance fee-type payments to fraud perpetrators
MAIL FRAUD
• Perpetuating scams through the mail
• Contact the postal inspector
Hess 14-17
Fraud
COUNTERFEITING
• Identification documents
• Commercial counterfeiting
CHECK FRAUD
• Stolen checks
• Fraudulent checks
• Forgery
Hess 14-18
Fraud
DEBIT AND CREDIT CARD FRAUD
• Elements
Possess a debit/credit card obtained by theft or fraud
By which services or goods are obtained
Unauthorized signing of the cardholder’s name
Hess 14-19
Fraud
IDENTITY THEFT
• Unauthorized use or attempted use
Credit card
Existing accounts
Personal information
Any combination
Hess 14-20
Fraud
OVERVIEW
• Illegal acts characterized by fraud
• Also called economic or corporate crime
• Perpetrators do not look like criminals
• Often highly educated, socially accepted people
• Few law enforcement agencies are equipped to investigate white-collar crime
Hess 14-21
White-Collar Crime
CORPORATE FRAUD
• Highest priority of FBI’s financial crimes section
• Falsification of financial information
• Many cases involve securities and commodities
• Enron scandal
Hess 14-22
White-Collar Crime
MONEY LAUNDERING
• Two-pronged FBI approach
Prong 1
Investigating underlying criminal activity
Prong 2
Conducting parallel financial investigation
Uncovering the financial infrastructure
Discerning how it flows
Hess 14-23
White-Collar Crime
EMBEZZLEMENT
• By a person to whom it has been entrusted
• Fraudulent appropriation
ENVIRONMENTAL CRIME
• Numerous laws
• Often considered a civil matter
• Civil regulatory agencies
Hess 14-24
White-Collar Crime
FACTORS
• Monetary value of the loss
• Amounts of these thresholds vary with the crime
• FBI’s national security and criminal priorities
• INTERPOL
Hess 14-25
A Final Note about Jurisdiction
Summary
• Larceny/theft is the unlawful taking, carrying, leading or driving away of property from another’s possession
• Larceny is synonymous with theft
• Fraud is intentional deception to cause a person to give up property or some lawful right
• Main problem in investigating environmental crimes is that they are often considered a civil matter
Hess 14-26