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Lasley & Guskos, Criminal Investigation: An Illustrated Case Study Approach 1ed Chapter 14 LARCENY-THEFT SCENES Class Name, Instructor Name Date, Semester © 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved CHAPTER OBJECTIVES Summarize the trends and types of larceny theft Describe how larceny-theft investigations are conducted Describe the different types of fraud and how fraud investigations are conducted Know how cons, scams, and schemes are carried out and investigated © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes Summarize the trends and types of larceny theft Larceny-Theft Definition Crimes involving the taking of anything of value without the consent of its owner, with the intent to permanently deprive him/her of value of the property taken Larceny-Theft Examples • Theft of Services, e.g., pirating cable TV, phone, or other utilities • Theft by Check, e.g., writing bad or forged checks for purchases • Theft by Deception, e.g., making a false insurance claim • Larceny by Theft, e.g., taking and carrying away someone’s property, as in the case of shoplifting • Larceny by Trickery, e.g., posing as a salesman and conning someone to give you their property • Larceny by Fraud, e.g., using a stolen credit card to make purchases, and other forms of identity theft Identity Theft 6 White-collar Crime Examples • Health Care Fraud, e.g., doctors charging insurance companies for medical procedures that they did not perform • Theft of Trade Secrets, e.g., corrupt employees or organizations who sell product formulas, chemical compounds, plans for devices, or other proprietary information belonging to manufacturers, businesses, and corporations • Anti-Trust/Price Fixing, e.g., individuals or businesses that work as a team to illegally inflate or deflate prices for products, thereby limiting competition in the open market for products and services 7 Elements of Larceny-Theft Taking • Removal of property from its original location Intent to • Offenders state of mind must be to permanently deprive Permanently owner of the object/item Deprive Have Sufficient Value 8 • Seriousness is determined by the value of the stolen item Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes Describe how larceny theft investigations are conducted Investigation Evidence Forgery Fake and altered checks Paper hanging Check kiting 10 Shoplifting Amateurs (Snitch): • Bored juveniles/peer pressure • Kleptomaniacs • Drug addicts • Vagrants 11 Professionals (boosters/heels): • Act as if normal patrons of a store • Steal higher amount items • Can have multiple offenders for one event Shoplifting Investigative Methods: Locating Signs Umbrella over an arm Folded-up/rolled newspaper Strollers/diaper bags Large coats Shopping bags Fitting rooms/bathrooms with items Employee is asked to look Nervous and engage in for item for offender short conversations Oversize clothing Strange behavior/crotch walk 12 Large number of same items in shopping carts Employee Theft Embezzlement • Use of money or property by the employee in a manner inconsistent with that specified by the employer • Mishandling of property Pilfering 13 Identity Theft Mail Theft 14 Public ID Theft Change of address, steal mail, dumpster dive Social security numbers, employee badges, forms of ID Personal ID Theft Electronic ID Theft Financial documents, resources, social security numbers from legal documents Hacking computers, cell phones, phishing, pharm techniques, skimming Social Security Numbers 15 Crimes Related to ID Theft Gaining access to credit card accounts 16 Opening new accounts in victims name Access to victims bank account, telephone accounts Nonfinancial use of stolen IDs • For illegal immigration purposes, e.g., false citizenship claims, obtaining medical or social assistance, applying for employment • Obtaining government licenses, e.g., obtaining a fraudulent driver’s license, vehicle registration, professional/employment certification • Terrorism, e.g., purchasing firearms, obtaining passports, acquiring student visas, purchasing items used to create explosives or aid in terrorist attacks. 17 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes Describe the different types of fraud and how fraud investigations are conducted Identity Theft Act (1998) Identity theft is a federal offense in cases where an individual: knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law 19 Identity Theft Act (2004 addition) The Act was enhanced in 2004 to include enhanced penalties for acts of “Aggressive Identity Theft,” which include the intentional theft and use of stolen IDs for acts of terrorism 20 Credit Card Fraud Application Fraud: assuming someone's identity or financial fraud through application of credit cards Interception: intercepting a credit card before it gets to the owner Lost/stolen Cards: offenders use the cards for cash advances and buy goods 21 Credit Card Fraud Altered/Counterfeit Cards: credit card magnetic strip is damaged so the numbers must be used Skimming: electronically gains the data from the credit card for use Illegitimate computer applications: web pages are used to acquire a victim’s credit card information 22 Altered Cards 23 ATM Scams 24 Card skimming Spy camera Fake ATM Card Trapping Distraction Theft Shoulder Surfing Leaving Live Transactions Cash Trapping Network Attacks ATM Scams 25 Health Care Fraud Billing for services not rendered Upcoding-intentionally inputting a code for a procedure which was costlier Unbundling- payments for tests/services related to the medical condition billed together Excessive and unnecessary services Kickbacks- illegal payments for referrals or other related services 26 Healthcare Fraud Example 27 Mortgage Fraud 28 Illegal Property Flipping Straw Buyer Equity Theft Chunking Mortgage Fraud 29 Churning Illegal Short Selling Mortgage Debt & Foreclosure Elimination Scheme Predatory Lending Practices Insurance Fraud Swoop and Squat Sudden Stop Backing Paper Collisions Phantom Car 30 Telephone and Marketing Scams Fake check scams—asking victim to pay an advance with a check, prize winning, etc. Prize/sweepstakes scam—offender wants victim to pay an advance deposit or fee to receive the prize Other scams—credit loans, job search services, magazine subscriptions, etc. Denial of service attacks—checking/savings information of victims is received with access codes Cramming—charges for additional goods and services established through unauthorized, misleading, or deceptive means crammed into a victims phone bill 31 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes Know how cons, scams, and schemes are carried out and investigated Scams, Schemes, and Cons 419 Advance Fee Fraud- company or individual claims to have acquired large sums of money from business however , they need money wired to them to carry out a transfer of funds Ponzi Schemes- pays investor dividends on cash they have entrusted the offender with as a scheme Pyramid Schemes- investors are rewarded out of funds from later investors under the false impression that profits are legitimate 33 Scams, Schemes, and Cons Pump and Dump Scams- stock market scam where stocks are artificially inflated in value then deflated in value Romance Cons- creating relationships with those in foreign countries 34 Scams, Schemes, and Cons Fraudulent manufacturing, altering, or distributing of a product that is of lesser value than the original produce. Also referred to as pirating. 35 CHAPTER SUMMARY Crimes involving the taking of anything of value without the owner’s consent, with the intent to permanently deprive him or her of the value of the property taken are referred to under the law as larceny-theft. The crime of shoplifting typically involves offenders who enter a retail establishment, hide some type of property on their person, and leave the establishment with the property without paying the merchant. Popular forms of fraud include credit card fraud, health care fraud, insurance fraud, mortgage fraud, and various forms of fraudulent activities associated with identity theft. Some of the more widely used cons, scams, and schemes include Ponzi and pyramid schemes. Both of these methods involve collection of funds from victims by fraudulent means and payment of funds acquired from later victims to earlier victims—both of whom believe that they are involved in a legitimate investment. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved