5. Computer Crime and Other Flashcards
What is the definition of access?
in relation to any computer system, means instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system.
What is the definition of computer system?
means –
a) a computer; or
b) 2 or more interconnected computers; or
c) any communication links between computers or to remote terminals or another device; or
d) 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device; and
e) includes any part of the items above and all related input, output, processing, storage, software, or communication facilities, and stored data.
What are the elements for accessing a computer system for dishonest purpose and imprisonment terms (s249)?
- directly or indirectly
- accessed any computer system (with intent)
- dishonestly or by deception and without claim of right
- obtained any property, etc, or caused loss to another person
s256(1) - 7 years
s256(2) -5 years
What is the different between section 1 and 2 for s249?
The words “thereby” and “obtains”.
s249(1) is where someone has actually accessed the system and obtained material or caused loss.
s249(2) is where someone accesses the system with intent regardless of result.
What are the elements for damaging or interfering with computer system likely to endanger life - s250(1)?
- intentionally or recklessly
- destroys, damages or alters
- any computer system
- knowing or ought to know that danger to life is likely to result
What are the elements for accessing a computer system without authorisation - s252?
- intentionally access
- directly or indirectly
- any computer system without authorisation
- knowing they not authorised to access it or being reckless as to whether or not they are authorised to access it
Outline the steps for investigating credit card and cheque offences?
- Interview the informant/complainant
- Contact the accounts manager at the bank
- Obtain a sample of the suspects handwriting from bank documents
- Contact other stations and fraud squads that may hold related complaints or info
- Find out whether the offender was photographed or on CCTV at the bank
- Forward any documents to examiners
What are the categories of company deception investigations?
Category A - large scale thefts and other dishonesty offences against employers by employees.
Category B - dishonesty offences against financial institutions by people outside it obtaining money from it through deception. Includes GST deception against IRD.
Category C - commercial deception against the public by people, either individuals or guise of a company, entice people to invest in a company.
Category D - dishonesty offences by professional people in a position of trust against their clients
What are some the resources available for deception investigations?
- Police accountants and legal officers: provide advice or assist with preparing PO’s, SW’s, etc
- MBIE: sources of info are companies office, registrar of companies
- Commerce Commission: assist with Fair Trading Act or pyramid schemes
- Financial Markets Authority
- NZ Customs
- Liquidators and receivers
When must the SFO be notified?
- fraud complaints with an actual or potential loss >$2M.
- fraud complaints where the facts, law or evidence is of great complexity.
- fraud complaints of great interest or concern
Who notifies the SFO and time for feedback?
Notifications made by Police employees authorised to notify the SFO by the DIstrict Commander.
The SFO will, within 5 days, consult with the Police and advise whether they shall investigate it.
What is required for arrests on behalf of the SFO?
SFO do not have the power of arrest so Police will be asked to arrest a suspect.
What information must an investigator obtain from the bank accounts manager?
· The account holder’s full name, occupation, private and business addresses and telephone numbers
· The date the account was opened
· The account history and how it has been operated
· The date the cheque book or credit card was reported missing
· How and by whom a loss was reported
· The serial numbers of any missing cheques
· Details of any cheques dishonoured and returned
· Whether the account holder is suspected of issuing valueless cheques.
