NCJ Number
207908
Journal
American Criminal Law Review Volume: 41 Issue: 2 Dated: Spring 2004 Pages: 671-719
Date Published
2004
Length
49 pages
Annotation
This article reviews the development and enforcement of three Federal criminal statutes that define and punish offenses by or against financial institutions.
Abstract
The article first analyzes the Bank Fraud Statute, which targets fraud against financial institutions, including check-kiting, check forging, false statements and nondisclosures on loan applications, stolen checks, unauthorized use of automated teller machines, credit card fraud, student loan fraud, bogus transactions between off-shore "shell" banks and domestic banks, automobile title fraud, diversion of funds by bank employees, submission of fraudulent credit card receipts, and false statements intended to induce check cashing. Other issues related to the Bank Fraud Statute are the types of defenses asserted against prosecutions under the statute, penalties prescribed under the statute, and supplemental enforcement mechanisms. Another section of the article profiles criminal penalties under 12 U.S. Code, Section 1818(j), which provides for criminal penalties against institution-affiliated parties who have been served by any banking agency with an order of prohibition against any further participation in the institution's affairs. This is followed by a description of the Bank Secrecy Act, which was enacted by the U.S. Congress in 1970 out of concern for the increasing use of financial institutions to launder unreported income and obtain funds illegally. Provisions discussed are the financial institution's record-keeping requirements and reporting requirements. 361 footnotes