NCJ Number
65936
Date Published
1978
Length
97 pages
Annotation
A GUIDE IS PRESENTED TO PROVIDE LAW ENFORCEMENT PERSONNEL WITH THE SPECIALIZED KNOWLEDGE NECCESSARY TO SUCCESSFULLY INVESTIGATE AND CURB THE ECONOMIC CRIME OF AUTO REPAIR FRAUD.
Abstract
AN AUTO REPAIR FRAUD TASK FORCE, ESTABLISHED BY THE ECONOMIC CRIME PROJECT OF THE NATIONAL DISTRICT ATTORNEYS ASSOCIATION, HAS PUBLISHED AN AUTO REPAIR FRAUD MANUAL. THE MANUAL CREATES WORKING MODELS FOR THE SUCCESSFUL DETECTION, INVESTIGATION, AND PROSECUTION OF AUTO REPAIR FRAUD ABUSE AND ESTABLISHES A PROGRAM FOR SCREENING AND RESOLVING COMPLAINTS, IN THE EVENT THAT EVIDENCE OF CRIMINAL INTENT IS LACKING. CIVIL ALTERNATIVES TO PROSECUTION ARE NOTED WHERE APPROPRIATE, AND ESTABLISHMENT OF LINES OF COMMUNICATION AND ACCESS TO THE BUSINESS COMMUNITY WITH A VIEW TOWARD THE FAIR PROSECUTION OF AUTO REPAIR FRAUD, THE PREVENTION OF ABUSE, AND THE DEVELOPMENT OF METHODS AND PROGRAMS OF COMPLAINT RESOLUTION IS RECOMMENDED. A COORDINATED APPROACH TOWARD THE RESOLUTION OF AUTO FRAUD AND ABUSE COMPLAINTS WITH GOVERNMENTAL AGENCIES AT THE LOCAL, STATE,AND FEDERAL LEVELS IS ENCOURAGED, AS IS CREATION OF A WORKING MODEL CAPABLE OF REPLICATION AND SUFFICIENTLY FLEXIBLE TO MEET THE NEEDS OF INDIVIDUAL JURISDICTIONS. GUIDELINES ON CONDUCTING AUTO REPAIR FRAUD INVESTIGATIONS AND PROSECUTIONS COVER TARGET SELECTION, VEHICLE SET-UP, INVESTIGATOR GUIDELINES, SEIZURE OF VEHICLE FOR EVIDENCE, DETERMINATION OF FRAUD, GATHERING AND PRESERVATION OF EVIDENCE, AND ARREST AND TRIAL PRESENTATION. INVESTIGATION OF VARIOUS TYPES OF AUTOMOBILE INSURANCE FRAUDS IS EXAMINED. THESE INCLUDE THE STAGED ACCIDENT, THE INFLATED DAMAGE CLAIM, THE PAPER ACCIDENT FRAUD, THE FRAUDULENT STOLEN CAR CLAIM, AND AUTOMOBILE PERSONAL INJURY FRAUDS. NUMEROUS APPENDIXES INCLUDE A LIST OF MODEL STATUTES PROVIDING VARIOUS CIVIL REMEDIES TO THE PROSECUTOR, A CHART OF REMEDIES AVAILABLE TO THE PROSECUTOR IN SELECTED STATES, SAMPLE FORMS THAT CAN BE USED BY THE PROSECUTOR IN IMPLEMENTING APPROPRIATE CIVIL REMEDIES, AND A GRAND JURY REPORT ON ODOMETER ROLLBACK FRAUD.