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NCJ Number: 67311 Find in a Library
Title: SECURITIES OFFENSES - CONTRIBUTIONS OF WHITE-COLLAR CRIME RESEARCH ON THE PHENOMENOLOGY OF SECURITIES OFFENSES WEST GERMANY
Journal: ARCHIV FUER KRIMINOLOGIE  Volume:164  Issue:5 AND 6  Dated:(NOVEMBER/DECEMBER 1979)  Pages:9-141
Author(s): T GOESSWEINER-SAIKO
Corporate Author: Georg-Roemhild
Verlag Fuer Polizeiliches
Fachschrifttum Georg
West Germany (Former)
Date Published: 1979
Page Count: 13
Format: Article
Language: German
Country: West Germany (Former)
Annotation: TYPES OF CHECK AND EXCHANGE BILL OFFENSES IN AUSTRIA AND WEST GERMANY ARE OUTLINED.
Abstract: CHECKS CAN BE CLASSIFIED ACCORDING TO THE RECEIVER OF PAYMENT, THE ISSUING INSTITUTION, THE METHOD OF CASHING THE CHECK, AND THE RELATIONSHIP BETWEEN WHERE THE CHECK IS ISSUED AND WHERE IT IS CASHED. THE BANKS BEAR THE RISK FOR BAD CHECKS, BUT DRAWERS OF CHECKS WITHOUT SUFFICIENT FUNDS CAN BE PROSECUTED. CHECK FRAUD MAY BE PERPETRATED EITHER BY FORGING THE ACCOUNT HOLDER'S SIGNATURE OR BY FALSIFYING INFORMATION OR FIGURES ON A VALID CHECK; CHECKS MAY ALSO BE DRAWN ON FICTITIOUS BANKS OR EMPTY ACCOUNTS. ACCORDING TO A DECISION OF THE WEST GERMAN SUPREME COURT, WHETHER FRAUD WAS INTENDED IN PASSING CHECKS NOT COVERED BY SUFFICIENT FUNDS MUST BE DECIDED FROM CASE TO CASE. BILLS OF EXCHANGE MAY BE FOR GOODS, CREDIT, BANK LOANS, OR SECURITY, AND OBLIGATE THE DRAWER TO PAY A SUM TO A PARTICULAR PERSON (INCLUDING THE DRAWER HIMSELF) OR TO A THIRD PARTY. THE FORMAL RULES FOR EXCHANGE BILLS ARE VERY PRECISE WHILE SUCH BILLS ARE REMOVED FROM THE UNDERLYING LEGAL RELATIONSHIPS GOVERNING EXCHANGE. COMMON FORMS OF EXCHANGE BILL FRAUD ARE EXCHANGE BILLS BASED ON FICTITIOUS TRANSACTIONS, OFTEN LEADING TO 'KITING'; EXCHANGE BILLS WITH FORGED SIGNATURES OR ALTERED FIGURES; AND BILLS OF EXCHANGE DRAWN BY FICTITIOUS PERSONS OR ISSUED TO FICTITIOUS PERSONS, FORGED EXTENSIONS OF CREDIT TO REPUTABLE PERSONS OR FIRMS, OR EXTENSIONS OF CREDIT FROM PARTIES WITHOUT MEANS. EXCHANGE BILL KITING IS COMMON AND MAY TAKE FORM OF EXCHANGE BETWEEN TWO PERSONS WITHOUT FUNDS, EXCHANGE WITHIN A CLOSED CIRCLE OF PERSONS OR FIRMS, OR BUSINESS EXCHANGE WITH AN UNLIMITED NUMBER OF CLIENTS. ONE OF THESE TYPES IS INSTITUTES WHICH ARRANGE FOR EXCHANGE BILLS WITHOUT BECOMING LEGALLY INVOLVED. SIGNS OF EXCHANGE BILL FRAUD MAY BE DETECTED BY EXAMINING THE SUSPECTS BOOKS OF ORIGINAL ENTRY FOR THE KITING PARTNER'S NAME, BY STUDYING BUSINESS CORRESPONDENCE, AND BY QUESTIONING BANKS ABOUT ACCOUNT WITHDRAWALS, BUT PROVING FRAUD IS EXTREMELY DIFFICULT. TO PREVENT FRAUD WHICH IS POTENTIALLY DISRUPTIVE TO THE ECONOMY, EXCHANGE BILL ACCOUNTS SHOULD BE CAREFULLY MONITORED AND A CENTRAL COMPUTERIZED CHECK INFORMATION CENTER TO RECORD STOLEN CHECKS SHOULD BE ESTABLISHED. NOTES ARE PROVIDED. --IN GERMAN. (KMD)
Index Term(s): Austria; Check fraud; Financial institutions; Germany; Securities fraud
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=67311

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