If it Sounds too Good to Be True: Local Prosecutors' Experiences Fighting Telecommunications Fraud

• NCJ Number: 208393
• Author(s): James L. Johnson; Mark L. Miller; Stephanie Muller; Sean Morgan; Patricia L. Fanflik
• Date Published: September 2004
• Length: 32 pages
• Grant Number(s): 98-LS-VX-0002
• Sponsoring Agency: Bureau of Justice Assistance (BJA)
• Corporate Author: American Prosecutors Research Institute
• Sale Source: American Prosecutors Research Institute
• Publication Format: Document (Online)
• Publication Type: Survey
• Language: English
• Country: United States of America
• Note: Downloaded January 12, 2005.

Annotation

This report summarizes the findings of a national survey of prosecutors’ offices concerning their experiences prosecuting telecommunications fraud cases.

Abstract

Advances in technology, such as computers and cell phones, have made life more convenient for many people. There are some, however, who use telecommunication devices as tools in fraudulent schemes and activities. Prosecutors have faced challenges in prosecuting telecommunications fraud because of the difficulty in gathering evidence and even in locating the perpetrators. In order to assess the challenges and barriers to the successful prosecution of fraud cases, as well as innovative approaches to overcoming such challenges, the American Prosecutors Research Institute (APRI) designed and administered a nationwide survey to State and local prosecutors. The survey gathered information about the prosecutor’s offices and jurisdictions; the presence of a specialized prosecutorial unit to address telecommunications fraud; the number of telecommunications fraud cases handled by the office; the presence of cooperating agencies in the combating of telecommunications crimes; and statutory provisions regarding the collection of evidence. Survey results indicate that prosecutors face many challenges in prosecuting telecommunications fraud cases. Less than 10 percent of offices have a specialized telecommunications fraud unit; less than 20 percent of offices have assembled a multi-agency task force dealing with telecommunications fraud complaints and investigations; and just over 60 percent of offices reported their investigators and prosecutors lack adequate training to handle telecommunications fraud cases. Prosecutors consider some barriers more difficult to overcome than others, including the amount of time it takes to investigate these cases, the technological complexity of some scams, and tracing financial transactions and documents. Thus, the survey findings point to the need for specialization, partnership, and training to strengthen the ability of prosecutors to successfully prosecute telecommunications fraud cases. Exhibits, footnotes, appendixes, resources