TABLE OF CONTENTS
Preface
Chapter
1. White-Collar Crime
Defining White-Collar Crime
Types of White-Collar Crime
Crimes by Individuals
Crimes in Furtherance of Legitimate Business
Criminal Activity Disguised as Legitimate Business
International Scope of White-Collar Crime
Enforcement of White-Collar Crime
Summary
Key Terms
2. Embezzlement
Defining Embezzlement
Problems in Investigating Embezzlement
Embezzlers
Elements of Embezzlement
A Perso
Fraudulently Appropriates
To One’s Own Use or Benefit
Money or Property
Entrusted to Him by Another
Without the Effective Consent of the Owner
Summary
Key Terms
3. Fraud
Examples of Fraud Cases
Forms of Fraud
Abuse of Trust
Business Fraud
Government Fraud
Investment Fraud
Problems in Investigating Fraud
Defining Fraud
Elements of Fraud
A Person>br> Obtains the Property of Another by Deception
Representations Were Made
Representations Were Knowingly and Designedly False
Representations Were Made with Intent to Defraud
Representations Did Defraud
Representations Related to Existing Fact or Past Events
Party to Whom the Representations Were Made, Relying on Their Truth, Was Thereby Induced to Part with His Property
Summary
Key Terms
4. Identity Theft
The Incidence and Costs of Identity Theft
The Javelin Identity Fraud Survey
Identity Theft and Assumption Deterrence Act of 1998
The Financial Modernization Act of 1999
The Internet False Identification Prevention Act of 2000
Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct
Terrorism Act
Fair and Accurate Credit Transactions Act of 2003
The Identity Theft Penalty Enhancement Act
Summary
Key Terms
5. Accounting Theory for Investigators
Accounting Personnel
Forms of Business Organizations
Accounting Systems
Accounting Methods
The Balance Sheet
What the Balance Sheet Shows
Income Statement
What the Income Statement Shows
Statement of Source and Application of Funds
Journals and Ledgers
Source Documents
Summary
Key Terms
6. Auditing Theory for Investigators
Financial Statement Analysis
Ratio Analysis
Vertical Analysis
Horizontal Analysis
Statement of Cash Flow
Comparisons with Other Companies or Industry Statistics
Comparisons with Non-financial Data
Statistical Sampling
Statistical Versus Non-Statistical Sampling
Sample Selection
Sample Evaluation
Benford’s Law
Summary
Key Terms
7. Financial Interviewing and Interrogation
Interview versus Interrogation
Interviewing Victims and Cooperative Witnesses
Planning the Interview
Arranging the Interview
Investigator’s Demeanor
Conducting an Interview
Note Taking
Special Considerations
Obstacles to Successful Interviewing
Overcoming Obstacles to Interviewing
Statements
Interrogating Suspects
Whether to Interrogate
Planning the Interrogation
Setting for the Interrogation
Introduction to an Interrogation
Interrogation Technique
Conducting an Interrogation
Interrogator’s Demeanor
Psychology of Confessions
Legal Aspects of an Interrogation
Summary
Key Terms
8. Public Information, Subpoenas, and Search Warrants
Privacy/Freedom of Information Act
Fair Credit Reporting Act
Right to Financial Privacy Act
Obtaining Documentary Evidence
Subpoenas
Search Warrants
Exceptions to the Search Warrant Requirement
Preparing the Financial Search Warrant Affidavit
Detailed Description of the Places or Things To be Searched
A Detailed Description of the Property to Be Seized
Accusation and Charge
Probable Cause Narrative
Executing the Financial Search Warrant
Timeliness
Presence of the Search Warrant at the Scene
Items Located in Plain View
Personal Papers and Fifth Amendment Considerations
Computer Records
Attorney-Client Privilege and Law Office Searches
Summary
Key Terms
9. Evidence and Documentation
Evidence
Admissibility of Evidence
Hearsay
Exceptions to the Hearsay Rule
Documentary Evidence
Admissibility of Specific Forms of Documentary Evidence
Authentication of Copies, Reproductions, and Transcripts
Chain of Custody
Privileged Communications
Questioned Documents
Exemplars
Identifying, Proving, or Disproving Questioned Documents
Electronic Documents
Summary
Key Terms
10. Proving Illicit Transactions
Making Illegal Payments and Transfers
On-Book Schemes
Off-Book Schemes
The Business Profile
Proving On-Book Payments
Fictitious Payables Schemes
Ghost Employee Schemes
Overbilling Schemes
Proving Off Book Payments
Proving Payments in Cash
Examination from the Point of Receipt
Net Worth Analysis
Source and Application of Funds Analysis
Bank Deposits Analysis
Percentage Analysis
Unit and Volume Analysis
Summary
Key Terms
11. Case Preparation and the Investigative Report
Characteristics of Report Writing
The Written Report
Mistakes in Report Writing
Discovery
Case Preparation
Summary
Key Terms
Appendices
A. The Numerical System of the American Bankers Association
B. Affidavit of Financial Information
C. Area Assignments of Social Security Numbers
D. Guide to Sources of Financial Information
E. Consent to Search
F. Customer Consent and Authorization for Access to Financial Records
G. Statement of Rights
Glossary
Bibliography
Index
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