Bank Fraud (From White-Collar Crime: Fifth Survey of Law, P 677-689, 1989, Andrew J. Gildea, ed. -- See NCJ-120557)

• NCJ Number: 120561
• Journal: American Criminal Law Review Volume: 26 Issue: 3 Dated: (Winter 1989) Pages: 677-689
• Author(s): J Kortum
• Date Published: 1989
• Length: 13 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Federal prosecutions of bank fraud under Section 1344 of Title 18 of the United States Code are examined.

Abstract

Section 1344 was enacted as part of the Comprehensive Crime Control Act of 1984 and has been used along with pre-existing statutes to prosecute a variety of crimes involving the misrepresentation of material facts during a transaction involving a bank that results in the bank being defrauded of its assets or assets within its control or custody. The article provides a legislative history of Section 1344, discusses how its provisions have been interpreted by the courts, and comments on the statute's potential scope. Although as yet not fully tested by the courts, Section 1344 appears to be an effective solution to the problem of prosecuting bank fraud. 80 footnotes.