NCJ Number
51997
Date Published
1977
Length
30 pages
Annotation
THIS GUIDE DISCUSSES BASIC INVESTIGATIVE TECHNIQUES FOR TRACING FINANCIAL TRANSACTIONS OF WHITE-COLLAR CRIMINALS TO DETECT HIDDEN OWNERSHIP OF BUSINESS INTERESTS AND OTHER PROPERTY.
Abstract
BANK RECORDS ARE NOT READILY OBTAINABLE BY INVESTIGATORS, AND SUBSTANTIAL LEGAL REQUIREMENTS USUALLY HAVE TO BE MET FOR DISCLOSURE. PRELIMINARY INVESTIGATION IS REQUIRED, THEREFORE, AS A BASIS FOR OBTAINING SUCH RECORDS. BANKS ARE REQUIRED TO RETAIN DEMAND DEPOSIT AND SAVINGS ACCOUNT RECORDS FOR FIVE YEARS AND RECORDS NEEDED TO TRACE A CHECK IN EXCESS OF $100.00 DEPOSITED IN A DEMAND ACCOUNT OR TO SUPPLY A DESCRIPTION OF A DEPOSITED CHECK FOR THAT AMOUNT FOR TWO YEARS. WITH PROPER AUTHORITY, AN INVESTIGATOR CAN ANALYZE A SUSPECT'S BANK ACCOUNTS, IDENTIFY THE MAKER OF SPECIFIC CHECKS, AND DETERMINE THE NATURE OF THE SUSPECT'S EXPENDITURES. SUCH INFORMATION CAN HELP ESTABLISH HIDDEN OWNERSHIP OF BUSINESSES AND ASSETS AND FURNISH NAMES OF POSSIBLE ASSOCIATES OF THOSE SUSPECTED OF WHITE-COLLAR CRIME ACTIVITIES. SAFE DEPOSIT BOX ENTRANCE RECORDS PROVIDE INFORMATION CONCERNING THE DATE ON WHICH AND TIME OF DAY AT WHICH A SUSPECT ENTERED HIS BOX AND SAMPLE OF THE SUSPECT'S SIGNATURE. LOAN FILES CONTAIN A RECORD OF ALL LOAN TRANSACTIONS, THE COLLATERAL THAT SECURES LOANS, AND THE RESULTS OF CREDIT INVESTIGATIONS MADE BY THE BANK. CASHED CHECKS CAN BE RECOGNIZED BY THE CODE STAMPED BY THE BANK ON THE FACE OF THE CHECK. BECAUSE CODES ARE NOT UNIFORM, INVESTIGATORS SHOULD BECOME FAMILIAR WITH THE STAMPS USED BY BANKS IN THEIR GEOGRAPHIC AREAS. AN INVESTIGATOR CAN ANALYZE SUSPECTS' STATEMENTS OF TRANSACTIONS IN BROKERAGE ACCOUNTS, WHICH PROVIDE COMMON REPOSITORIES FOR PROFITS FROM WHITE-COLLAR CRIME ACTIVITIES. INFORMATION CAN BE OBTAINED ALSO FROM STATE, COUNTY, AND CITY RECORDS CONCERNING TRANSFERS ON REAL PROPERTY, AND ACTUAL OWNERS OF BUSINESSES CAN BE DETERMINED FROM THE FICTITIOUS NAME INDEXES MAINTAINED IN COUNTY CLERK OFFICES. INVESTIGATORS SHOULD MAKE USE OF SUBPOENA POWER, GRAND JURIES, LEGISLATIVE BODIES, CRIME COMMISSIONS, AND OTHER ADMINISTRATIVE GROUPS TO OBTAIN INFORMATION FROM BANKS, FINANCIAL INSTITUTIONS, AND THIRD PARTIES. SINCE WHITE-COLLAR CRIMINALS CONDUCT THEIR FINANCIAL TRANSACTIONS WITH CURRENCY, INVESTIGATORS MUST DEVELOP THEIR 'PAPER TRAIL' SKILLS AND TECHNIQUES. EXAMPLES OF SCHEDULES OF QUESTIONABLE DEPOSITS, QUESTIONABLE WITHDRAWALS, AND SAFE DEPOSIT BOX ENTRIES ARE INCLUDED. AN APPENDIX DISCUSSES THE TRACING OF FUNDS IN FOREIGN BANK ACCOUNTS.