New Types of Fraud. Permanence and Evolution of Criminal Law Confronting the Resurgence of Fraud

• NCJ Number: 140974
• Journal: Revue internationale de criminologie et de police technique Issue: 2 Dated: (1991) Pages: 243-252
• Author(s): G Kellens
• Date Published: 1991
• Length: 10 pages
• Publication Format: Article
• Publication Type: Presentation
• Language: French
• Country: Switzerland
• Note: Lecture presented at the Conference on New Fraud, Charleroi, December 15, 1989

Annotation

This lecture considers the most recent forms of fraud and the effectiveness of criminal law in a historical context.

Abstract

A historical survey analyzes the evolution of fraud from Ancient Greece to the present. The recent emergence of new, previously unheard of forms of fraud such as computer fraud, insider trading, and tax evasion has been assisted by three factors: the creation of large corporations and conglomerates, the internationalization of business and the opening of borders, and the availability of new technologies. The effectiveness of criminal law in combatting these offenses is severely restricted by the difficulty of detecting fraud before major victimization has occurred, the complicated nature of today's economic laws and regulations, and the offenders' lack of morality. The author argues that the law must promote a greater sense of morality in both the public and the offenders. In this context, he advocates a return to the public exposure and shaming of offenders as was usual in earlier centuries. 16 references