FINANCIAL CRIMES. Lesson Plan and Course Outline. INSTRUCTOR EQUIPMENT/MATERIALS PowerPoint, LCD Projector, Computer, and Handouts

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1 FINANCIAL CRIMES Lesson Plan and Course Outline Instructor Detective Kelly Smith Method of Presentation Lecture Duration 8 Hours Trainee Equipment/Materials Note taking material INSTRUCTOR EQUIPMENT/MATERIALS PowerPoint, LCD Projector, Computer, and Handouts GOAL STATEMENT This course is designed to instruct and assist patrol officers and detectives in the reporting and investigation of financial crimes. The course will also assist officers in identifying current trends and methods of assisting victims, preparing cases for prosecution, identifying different types of financial crimes and how to apply these methods to financial crimes cases. COURSE OUTLINE: I. Introduction to Financial Crimes A. Different types of crimes B. Different investigative methods and approaches to certain crimes II. III. The First Steps of the Investigation A. Review Police Report B. Prioritize individual case for investigation 1. Are there any suspects? 2. Is there any evidence to obtain for an investigation? 3. Are there any witnesses to interview? C. Determine what is needed for each case Evidence A. Types of Evidence 1. Video 2. Bank records 3. Cell phone records 4. Fingerprints, either real or digital 5. Witness and victim statements 6. Computer data from victim or suspect

2 B. How to obtain evidence 1. Phone Subpoena 4. Search warrant IV. Victim A. Establish and maintain contact with victim B. Keep victim informed of progress with case C. Feed back and input from the victim regarding potential suspects D. Obtaining related documentation from the victim 1. Credit card and bank account numbers 2. Copies of statements 3. Copies of any related documentation V. Multi-Jurisdictional Investigations A. Establish contact with any assisting investigative agencies 1. Local law enforcement 2. State Agencies DPS, Attorney General 3. Federal Agencies Secret Service Task Force, FBI, Federal Trade Commission 4. Non-law enforcement Bank investigators, loss prevention personnel B. Establish contact with prosecutors and judges. 1. Legal questions 2. Issuing subpoenas 3. Issuing search warrants 4. Seizure of property and/or assets VI. Case Preparation for Presentation and Prosecution A. Does the case meet the elements of the listed offense? B. Does the case meet the elements of a higher or lower class of offense? C. What is need for presentation in court? videos, power point, statements, evidence, related documentation, Business Records Affidavit

3 FINANCIAL CRIMES LEARNING OBJECTIVES The student will be able to recognize the types of identity crime - Types of identity crimes include identity theft, credit card/access device fraud ( skimming ), check fraud, bank fraud, false identification fraud, and passport/visa fraud. The student will be able to provide a definition of identity crime - Identity crime is the theft or misuse of personal or financial identifiers in order to gain something of value and/or facilitate other criminal activity. The student will be able to identify types of crimes associated with identity crimes - In many instances an identity crime is used as a facilitator, through financing or anonymity, to commit other criminal activities such as mail theft, mail fraud, narcotics/drugs, organized crime, financial fraud (money laundering), mortgage fraud, weapons trafficking, homicide, terrorism, wire fraud, or computer crime/internet intrusions. Identity crimes can begin with other seemingly unrelated crimes such as robbery (e.g. purse snatching or mugging), computer intrusion, mail theft, theft of trash ( dumpster diving ), or theft of documents or information from businesses, medical facilities, hotels, etc. The student will be able to list personal and financial identifiers -Personal identifiers include: name, date of birth, social security number, address, phone number, driver s license number, passport number, mother s maiden name, etc. Financial identifiers include: credit card numbers, bank account numbers, personal identification numbers ( PINs ), insurance account numbers, etc. The student will be able to identify currents trends associated with identity crimes - Some of the current trends associated with identity theft involve the usage of current technologies. This provides a unique challenge for consumers and law enforcement by testing their ability to keep up with technological advances and changes. Some of the more recent scams involve stealing information by listening in on conversations made on cellular phones, surreptitiously reading other people s faxes and s, hacking into computers, conducting telephone and scams, and taking advantage of careless consumers online shopping and banking. The student will be able to recognize how identity crimes occur - 1. Stealing a wallet, purse, briefcase, etc., containing your identification, social security card, credit cards, bankcards or checkbook. 2. Stealing mail, especially your bank and credit card statements, pre-approved credit offers, new checks, or tax information. 3. Complete a change of address form to divert your mail to another location. 4. Rummage through your trash or the trash of businesses to find personal data (also known as dumpster diving ). 5. Fraudulently obtain your credit report by posing as a landlord, employer, or someone else who may have a legitimate need for (and legal right to) the information. 6. Find personal information in your home.

4 7. Obtain personal information that you share on the Internet. 8. Get information from the workplace, in a practice known as business record theft, by stealing files out of offices where you are a customer, employee, patient or student, by bribing an employee who has access to your files, or by hacking into electronic files. 9. Shoulder surfing : looking over your shoulder or from a nearby location as you enter your Personal Identification Number (PIN) at an ATM machine. This practice has gone high-tech, with some thieves utilizing hidden spy cameras positioned near ATMs to observe or record people as they enter their PINs. 10. Many criminals who want to obtain personal data from people online use a technique known as spoofing : the creation of s and websites that appear to belong to legitimate businesses such as established retail companies, financial institutions, and online auctions sites. Consumers receive s from thieves claiming to be legitimate businesses, and are directed to websites that appear to be run by those businesses. The consumers are then directed to enter large amounts of personal data. The thieves sending the s or running the websites actually have no connection with those businesses, and their sole purpose is to obtain the consumers personal data so that they can engage in various fraud schemes. The student will be able to identify techniques used to procure false identification - A wide variety of sources, including bookstores and Internet retailers, provide publications that give criminals step-by-step instructions on techniques for producing false documents. The student will be able to recognize the legal aspects of identity crimes and identify the federal and state statutes dealing with identity crimes - Federal law: 18 U.S.C Identity Theft and Assumption Deterrence Act State Law: Penal Code Fraudulent Use or Possession of Identifying Information (State Jail Felony) Business and Commerce Code, Chapter 20, 35 and 48 - Regulation of Consumer Credit Reporting and Responsibility of Business Owners Code of Criminal Procedure, Article 55.02, Sec.2a Procedure for Expunction The student will be able to define the term security alert, according to the Business Code: Security Alert means a notice placed on a consumer file that alerts a recipient of a consumer report involving that consumer file that the consumer s identity may have been used without the consumer s consent to fraudulently obtain goods or services in the consumer s name. The student will be able to define security freeze, according to the Business Code: Security Freeze means a notice placed on a consumer file that prohibits a consumer reporting agency from releasing a consumer report relating to the extension of credit involving that consumer file without the express authorization of the consumer. The student will be able to list information needed for an ID crime offense report - Taking a written report is vital to the victim(s) because credit bureaus require a police report in order to block fraudulent information and to begin repairing the victim s credit reports. In addition, many financial institutions require a police report with an affidavit of fraud.

5 The student will be able to recognize techniques for educating victims and the public on identity crime - Emphasize the fact that the more a person becomes aware about his/her financial records the better prepared he/she will be if they become a victim of identity crime. Inform the public that they should: Not give out personal information over the phone or on the Internet - this includes their social security number, driver s license number, date of birth, place of birth, home address, mother s maiden name, and any passwords. Limit the amount of personal information on their checks - it is recommended that you do not put your driver s license, identification card or social security number on your checks. Check credit histories and bank records frequently and look for signs of inaccurate or suspicious activity. Keep detailed records of banking, check writing, credit card use, and ATM use Destroy carbon copies of credit card receipts Purchase a home shredder or completely destroy any item that may have personal identifiers rather than discarding them in the trash Note: Some insurance companies offer optional coverage to their policyholders

6 Detective Kelly Smith Grapevine Police Department 307 W Dallas Road Grapevine, TX Employment Longview, White Oak and Fort Worth Police Departments Performed duties as a patrol officer, which included responding to calls for service, taking reports, interviewing witnesses and suspects and processing crime scenes. Grapevine Texas Police Department present I spent 16 years in patrol and the last 5 years in CID investigating Financial Crimes including fraud, credit card abuse, forgery and identity theft. Accomplishments & Memberships January 2008 Deputized by the US Marshall s Office and currently a member of the United States Secret Service Task Force on Financial Crimes Current member of the Fraud Investigator s Association of Texas and Association of Certified Fraud Examiners

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