SOP 316.1 Economic Crimes/ Identity Theft investigations Flashcards
Economic Crimes specifically ________ are the fastest growing crimes in the United States, affecting financial institutions as well as innocent persons.
Identity Theft
Identity theft is a tool used by ________ and others attempting to evade the law.
terrorists
The best way to approach any economic crime is to _________.
follow the money trail.
By following the money charge you can
generally __________ where the illegal act occurred and who the actual victims are.
ascertain the jurisdiction
Ultimately, the ______ is determined by whoever suffers the actual or potential loss.
victim
However, it must be kept in mind that although an individual may not suffer a financial loss they may still be a victim of __________.
identity theft.
Opening accounts at two or more financial institutions and using the “flat time” of available funds to create fraudulent balances
Check Kiting:
The manufacture of or arranging to manufacture a payment instrument without the permission of the financial institution, account holder, or organization whose name, routing or account number appears on the payment
instrument, or the manufacture of any payment instrument with a fictitious name,
routing or account number.
Counterfeit
Any credit card which is fictitious, altered, forged, any facsimile or false representation, depiction, component of a credit card, or any
stolen credit card, obtained as a part of a scheme to defraud or otherwise unlawfully obtained and which may or may not be embossed with account information or a company logo.
Counterfeit Credit Card
Any instrument or device, whether known as a credit card, credit plate, bank service card, check guarantee card, electronic benefits transfer card (EBT), debit card, or any other instrument, issued by a financial institution for the use of the cardholder in obtaining money, goods, services or anything of value on
credit or for use in an automated banking device to obtain any of the services
provided through the device.
Credit Card
A person 60 years of age or older who is
suffering from the infirmities of aging as manifested by advanced age, organic
brain damage or other physical, mental or emotional dysfunction, to the extent that the person’s ability to provide for their own care or protection is impaired.
Elderly Person
A check, draft, money order, travelers check or other instrument for payment of money, whether or not negotiable
Payment Instrument
A device used to copy credit numbers typically used at hotels, restaurant or car rental agencies. The device captures a credit card number after it passes through the device. Devices hold between 20 – 100 credit card numbers.
Skimmer or Wedge
The whole or any portion or phase of any formula, pattern, device, combination of devices, or compilation of information which is for use, or is used, in the operation of a business and which provides the business an advantage or an to obtain an advantage over those who do not know it or use it.
Examples include: Any scientific, technical, or commercial information including
any design, process, procedure, list of suppliers, list of customers, business code
or improvement thereof.
Trade Secret
(F.S.§817.034) The deceiving a victim into parting with their monies by convincing them that they will receive a substantial financial
benefit in return for providing some modest payment to be made in advance
Advanced Fee Scheme:
Checks that are stolen, altered, forged, or counterfeit, written on a closed account, or that have had payment stopped that are uttered, cashed or deposited resulting in the theft of money, merchandise or services.
Check Fraud:
It is unlawful for any person to have in their possession a counterfeit payment instrument or to counterfeit a payment instrument with the intent to defraud a financial institution, account
holder, any person or organization. These include forged checks, counterfeit bills,
deeds, money orders, traveler’s checks, and credit/debit cards.
Counterfeit Payment Instruments
Depositing counterfeit, stolen or other worthless checks for the purpose of fraudulently increasing the dollar amount posted to the account to which the individual then removes the monies before the financial institution discovers the checks are fraudulent.
Depositing Worthless Item with Intent to Defraud
Knowingly, by deception or intimidation,
obtaining or using, or endeavoring to obtain or use a person over 60 years old funds or
assets with intent to temporarily or permanently deprive that person of the use,
benefit or possession of those assets by a person who: (a) stands in a position of
trust and confidence with the elderly person; (b) has a business relationship with
the elderly person; or (c) exploits an elderly person who lacks capacity to consent.
Elderly Exploitation:
________ relates directly to the theft statutes where a business has suffered a
substantial financial loss through a scheme to defraud involving a current or
former employee who was placed in a position of financial trust.
Embezzlement
Financial Scams and Cons are commonly referred to as ?
Bank Examiner” scam, Pigeon Drop” scam, Canadian Lottery” scam, Spanish Lottery” scam Nigerian Fraud” scam.
Whoever falsely makes (counterfeits), alters, forges an official public record, document or payment instrument, with intent to injure or to
defraud
Forgery
Any person who: with intent to
defraud a purported issuer or a person or organization providing money, goods,
services, or anything of value; or any other person; falsely makes, embosses, or
alters in any manner a credit card or utters such a credit card or who, with intent
to defraud, has a counterfeit credit card or any invoice, voucher, sales draft, or
other representation or manifestation of a counterfeit credit card in his/her
possession, custody or control.
Forgery of a Credit Card:
The use of credit cards, ATM cards or debit cards and/or ATM, credit debit account numbers, that are stolen, altered, forged, counterfeit or obtained through fraud, resulting in the theft of money, merchandise or services.
Fraudulent Use of Credit Card
Any person who willfully and without authorization fraudulently uses
or possesses, with intent to fraudulently use, personal identification information
concerning an individual without first obtaining that individual’s consent.
Identity Theft (Criminal Use of Personal Identification Information
(Also known as the Florida Communications Fraud Act). A systematic, ongoing course of conduct with intent to defraud one or more persons, or with intent to obtain something of value from one or more persons by false or fraudulent pretenses, representations, promises, or willful misrepresentations of a future act. These offenses include embezzlement, advanced fee schemes, financial scams/cons, financial elderly exploitation, check kiting, trade secret violations and computer-related financial crimes.
Scheme to Defraud
Any person who, with intent to deprive
or withhold from the owner thereof the control of a trade secret or with intent to
appropriate to his/her own use or the use of another, steals an article representing
a trade secret, or without authority makes a copy.
Trade Secret Violations
The passing and/or presenting of an official document or payment instrument which is counterfeit, having been altered or having a signature that has been forged, in the attempt or actual receipt of money, merchandise or services.
Uttering a Forged Instrument
Which Schemes to defraud will not be investigated?
the ones over the internet or mail
The department will only investigate embezzlement when the business suffers a loss of over what
$5000.00
____________is responsible for investigating offenses involving stolen, forged or counterfeit postal money orders. That agency also investigates schemes and scams originating through the U.S. Mail
The United States Postal Inspector’s Office
_______ investigates offenses involving stolen or forged U.S. Treasury checks as well as certain offenses involving counterfeit currency.
The United States Secret Service
Schemes and scams originating via the Internet: Since these scams normally
originate from outside the United States the victims of these types of offenses
should be referred to the
FBI’s web site: www.ic3.gov:
This department does not handle complaints of worthless checks. Both misdemeanor and felony worthless check cases will be referred to the “Worthless Checks Section” of the Hillsborough County State Attorney’s
Office: 700 E. Twiggs Street, Suite 711 on the
7th floor
All check cases involving_________ and _______ shall be investigated by this department after __________ has been established. If there is doubt as to the intent initiate a report and refer the case to the Economic Crimes Unit.
- Stop Payment
- Account Closed
- intent to defraud
Cases involving employee theft will normally be referred to the appropriate _________ for investigation.
District Latent Investigative Squad
Embezzlement cases where a business has suffered a loss of at least $300.00, and where the suspect was in a position of financial trust (i.e. business manager, bookkeeper, chief financial officer), shall be referred to the
Economic Crimes Unit.
In those cases where identity, checks, or credit cards are stolen and no leads exist, the cases should be_________ .
inactivated
If the owner of the property determines that someone used any of those items within a _____ the cases should be referred to the ________ for investigation.
- 48 hour period
2. District Latent Investigative Squad
If identity, checks, or credit cards are used after the initial 48-hour period, the cases should be referred to the________ for latent investigation.
Economic Crimes Unit
All sworn police personnel and ______ are authorized to take reports on any economic crime.
community service officers
The ________ and district will primarily originate and collect all evidence pertaining to economic crimes.
- on-scene district unit
2. community service officers
Identity Theft is punishable under ______ when any person knowingly transfers or uses without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a felony under applicable state or local law.
federal law
Identity theft is punishable under _______ when any person who willfully and
without authorization fraudulently uses or possesses with intent to fraudulently
use, personal identification information concerning an individual without first
obtaining that individual’s consent
Florida State Statute
Refer all identity theft reports to the Economic Crimes Unit. If it appears that the identity theft may have ________, immediately notify the Criminal Intelligence Bureau and appropriate
federal agencies.
national security implications
Should the suspect, knowingly, be in possession of _______ he should be charged with possessing counterfeit bills under
F.S.§831.08 regardless of whether the suspect attempted to pass any of the
bills.
10 or more counterfeit bills
Should the suspect, knowingly possess a counterfeit bill and attempt to pass that bill he should be charged with_________ under F.S.§831.09 regardless of the number of bills in that subject’s possession.
uttering a forged bill
This administrative statute should be utilized when an officer comes in contact with a subject who unwittingly possesses counterfeit currency. It mandates all law enforcement officers to seize counterfeit currency
831.20
Regardless of whether an arrest is made or not the officer shall seize the counterfeit bills, unless taken by the Secret Service agent, and placed the bills in a ________ before entering it into evidence. The officer shall initiate a report and obtain a written statement from all parties involved.
clear plastic envelope
If investigating a financial crime where a personal computer or laptop computer is present and which may contain related evidence, do not touch it and do not allow the suspect access to it. If the computer is OFF LEAVE IT OFF. Do not turn the computer on for any reason. Unplug the computer by pulling the power cord __________, not at the wall.
out of the back of the computer
If the computer is a part of a _____, contact the Economic Crimes Unit supervisor.
network
The_______ acts as the nation’s clearinghouse for information related to identity crimes. The agency provides assistance from trained counselors in resolving credit related problems. The______also provides a comprehensive guidance for victims of identity theft titled, “When Bad Things Happen to Your Good Name.” The guide provides concrete steps of what to do when a person is a victim of identity theft.
Federal Trade Commission
If the affidavit is notarized, it can be introduced to a grand jury in lieu of ________. It can also be used as part of a victim’s _____in later court proceedings.
- a victim having to appear
2. impact statement
If a driver’s license is involved, contact the __________
state motor vehicle department.
If a person has been a victim of identity theft and believe they have a record, they can request that the victim initiate a compromised identity claim through the __________. This service is only for individuals who believe they are victims and/or have had their personal identification information stolen or misused in the past.
Florida Department of Law Enforcement (FDLE)
FDLE will only accept claim forms that are _____________
submitted by a law enforcement agency and in an official agency
envelope.
Upon receipt of the __________, FDLE will compare the fingerprints of the person who was previously arrested, to the victim’s fingerprints. Once these prints reveal that the victim was not the person arrested, FDLE will provide the victim with a ____________.
- Compromised Identity Review Claim Form
2. Compromised Identity Certificate
