FraudJournal Blog

November 8, 2010

Fraud Victims – When Do They Get Their Day In Court?


I have recently received several responses from victims of fraud asking what it takes to get their cases heard in court. Their plea for help is painful to hear and all of us that investigate and work fraud cases understand that this is not  a small problem, that it is part of a bigger picture. So how do we answer these cries for justice when the there are so many obstacles to overcome?  Let’s talk about the obstacles in getting cases to court.

THE MANY FACES OF FRAUD

Fraud comes in as many forms and is committed by as types of perpetrators as you can imagine. Unless the perpetrators are strung-out drug addicts, they look just like you and me. They are our neighbors, friends, family members and business partners as well as con-artists out looking for a ‘mark’ or victim. They are rarely like the characters pictured in CSI, NCIS and other crime shows. And the timing from start of a case to asking the questions, getting the information and forensic reports back, getting the proper warrants and subpoena’s to get the fraudsters booked takes place is in not hours or days, but months of hard work and focus. Many investigators go out of their way to help fraud victims, but these are not the stories we hear about. This is especially true in elder abuse and exploitation cases, and crimes against children.

WHY DO THEY SAY THEY CAN’T HELP ME?

First, the levels of creativity and focus by fraudsters is undeniably surprising. Most of us that are in the trenches regularly mumble to ourselves that if fraudsters could focus their attention and creative problem solving skills towards the problems of humanity, we may just solve some serious world problems. But they don’t and have all day and lots of connections to find latest, greatest and often complex methods to get ahead of the rest of us. This means the battle to catch and try them involves constant learning, adapting current skill sets and gaining access to new technology. Ask any government office which version of software or hardware they are using and they hang their head and sigh.

The economy has not helped this situation at all. Most law enforcement departments are being hit with increased demands to process fraud cases, but are trying work them without an increase in manpower. I have heard some detectives have an ongoing case load of 15 cases on their desk at one time, and it’s growing. I recently spoke at a conference for law enforcement training about forensic accounting to give them the necessary steps to get ahead of the curve and understand the information they have to process in order to properly document and forward their cases to prosecution. It’s a start, but it’s costly and what ever money that is left over in the budgets is being funneled to keep the lights turned on.

That does not mean they are totally in the dark either. Most government agencies, offices and law enforcement personnel have begun to team up to go after fraudsters. The days of jurisdiction issues is coming to a close. Technology is allowing quick and efficient means of shared information. But it is starting in the areas of better funding and this means not all law agencies are going to be at the same level of technology and manpower. This also means it is going to take more than a village to catch a thief; it’s going to take counties, states and a nation to effect change. And don’t forget you the public. When the public cries out for justice; there is nothing more powerful than a grassroots movement to tell both politician and government that they are not happy with the situation on hand.

BUT I DID EVERYTHING TO HELP THEM AS ASKED!!!

In fraud cases, the victims are required to prove they are victims. This is because there are no physical signs that are tangible proof that a crime has occurred. A rape, murder or sexual assault has tangible evidence that can be processed and documented. But in financial crimes, evidence needs to be documented and verified by professionals. Officers of the law including detectives have not been trained (up until recent years) to work financial crimes. This is added training on top of their required training to physically and mentally deal with their original daily tasks. This is why they ask for victims to provide as complete and documented a case as possible. They are required to verify all that you provide before they can move it forward.

Recently, law enforcement agencies are starting to establish a ‘fraud department’. Most often this new department is manned by a detective or officer that is interested in financial crimes. This also means that funds now must be shared with a new department and all personnel must be educated on the protocol for financial crimes. This is not an easy task and can take a while to get all the necessary technology, training and directives in place. But I am seeing changes and the successes are getting noticed. Hopefully this will show the way for other agencies to begin changes necessary to take cases and move them up the system for prosecution.

YOUR DAY IN COURT

I wish I could say all victims will get their day in court. The courts are inundated by cases. Prosecutors are also overwhelmed. And anytime you involve professional experts, the process can get lengthened based on the complexity and level of detail the expert needs to present to educate judge and jury of the facts. Most jurors do not have any background on fraud or accounting for that matter, and the details need to be exact, simple to understand, and relevant; meaning no rambling on about debits and credits.

It is also expensive to take a case to court. The costs can be more overwhelming than the loss in some cases, and sometimes it destroys the victim more than the fraudster. But that doesn’t mean that prosecutor’s don’t want to take the cases or that detectives don’t want to process the cases. The bottom line lately, is just that. Time and costs are continuing to be obstacles. But again, steps are being taken to make change. In larger areas of population, both law enforcement and government agencies are collaborating on education and establishing standards of protocol to handle fraud cases. This is KEY to bring the necessary change and produce results. Nothing can happen without all agencies and personnel being on the same page to fight crime and provide its citizens the personal rights of safety and freedom from abuse.

YOUR COMMUNITY NEEDS YOU

Having said that, it is also up to the public to report crimes and to hold their own accountable. Often, fraudsters are able to move about society freely because they have been protected by those close by them, or because victims have not reported their crimes. As scary as it sounds, if you don’t file a report, it doesn’t get on the books and into the system. Often law enforcement will check with each other and if they find out they are familiar with that name or their system pulls up that name (even if they were not convicted), the officers have a suspect with a possible fraud pattern. It adds bite to their efforts to stop the thief.  And, there is nothing worse to hear than other victims come forward after the fact, when the fraudster could have been stopped years ago. In order to truly stop criminal fraud, there has to be a grass-roots effort. This includes to understand where the line of ethics and moral standards begins. This includes setting examples at home and work that casual theft, aggressive behavior, and entitlement are not acceptable in our society.

IN CONCLUSION

I realize this is a lengthy post. But I felt it necessary to let those that follow my blog and are victims of fraud, that we do hear the cries of frustration, anger and resentment. That we know there are cases not being handled as quickly, and sometimes, at all. And that what they hear are more than excuses; that there are real obstacles that are being hurdled as we speak, and that change is coming. We are all part of this problem and it will take all of us to resolve it. The public needs to send a message that entitlement is not a right or excuse to take another’s property or livelihood. That is comes with penalties. That as a whole, we the public, in this nation will not tolerate such behavior and empower those dedicated to detect, deter  and defend against perpetrators of fraud, the funding, manpower, and tools needed to protect and take care of our fellow citizens.

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