FINANCIAL
INSTITUTION FRAUD
MISSION
Financial Institution
Fraud (FIF) is a Tier One strategic priority within the Federal
Bureau of Investigation's (FBI) Strategic Plan. Through this
national strategy the FBI's goal in addressing FIF is to create
an effective and ongoing deterrent designed to prevent criminal
conspiracies from defrauding major U.S. industries and the United
States government1.
FIF investigations
are among the most demanding, difficult and time-consuming cases
undertaken by law enforcement. Efforts by the FBI and the Department
of Justice have attained extraordinary results since the enactment
of the Financial Institutions Reform, Recovery, and Enforcement
Act (FIRREA) of 1989.
Areas of primary
investigative interest relative to FIF include bank failures,
check fraud and counterfeit negotiable instruments, check kiting,
and loan fraud. FIF investigations related to emerging technologies
and computer-related banking are taking on added significance
among the nation's financial institutions.
Since the 1992
peak of the savings and loan crisis, the FBI has been able to
refocus its investigative efforts from failed financial institution
cases to other high-priority FIF matters. At the close of fiscal
year (FY) 1999, the total number of pending FIF investigations
for the FBI was 8,799. Of this total, 129 failure cases, or 1.5
percent, involved criminal activity related to a failed financial
institution. This statistic reflects an 83 percent reduction
in failure investigations since the July 1992 peak of 758 cases.
However, as the
number of failure investigations has declined, the number of
major FIF investigations has remained substantial. As of FY 1999,
the FBI was investigating 3,855 major cases, or 43.8 percent
of all pending FIF cases.2 This is significant in view of the fact that convictions
related to major case investigations have remained constant since
FY 1995, surpassing total convictions for major cases during
the 1992 peak.
During the late
1980s and early 1990s, approximately 60 percent of the fraud
reported by financial institutions related to bank insider abuse.
Since then, external fraud schemes have replaced bank insider
abuse as the dominant FIF problem confronting financial institutions.
The pervasiveness of check fraud and counterfeit negotiable instrument
schemes, technological advances, as well as the availability
of personal information through information networks have fueled
the growth in external fraud. In many instances, the international
aspects associated with many of these schemes have increased
the complexity and severity of the schemes being committed.
For the period
of April 1, 1996 through January 31, 2000, the FBI received 91,322
Suspicious Activity Reports (SARs) for criminal activity related
to check fraud, counterfeit negotiable instruments, and related
schemes. These schemes accounted for 48 percent of the 190,752
SARs filed by United States financial institutions (excluding
Bank Secrecy Act violations), and equaled approximately $2.89
billion in losses.3
The FBI continues
to concentrate its efforts on organized criminal groups involved
in these activities. These organized groups are often involved
in the sale and distribution of stolen and counterfeit corporate
checks, money orders, payroll checks, credit and debit cards,
U.S. Treasury checks, and currency. Furthermore, the organized
groups involved in check fraud and loan fraud schemes are often
involved in illegal money laundering activities in an effort
to conceal the proceeds from their crimes.
Criminal activity
has become more complex and loan frauds are expanding to multi-transactional
frauds involving groups of people from top management to industry
professionals who assist in the loan application process. These
professionals include loan brokers, appraisers, accountants,
and real estate attorneys. Such transactions are sometimes hidden
against a backdrop of genuine transactions which give them an
appearance of legitimacy. Due to the complexity of these
crimes, more proactive FIF investigations are being initiated
than ever before. These cases target large-scale fraud operations,
often involving hundreds of subjects in multiple jurisdictions.
The line between
traditional banking services and the expansion into other financial
services provided by banks are blurring. As financial institutions
become less regulated and provide more financial services to
the public through the sale of insurance, securities, investment
products and on-line banking, the nature of FIF will change in
terms of the potential impact to the nation's financial institutions.
The FBI responded
to these trends by providing proactive deterrents to assist the
nation's banking infrastructure in combating FIF. The FBI
is fully supportive of the inkless fingerprint program for non-bank
customers as a preventive measure in combating check fraud and
counterfeit negotiable schemes. Additionally, the FBI and the
Office of The Comptroller of the Currency published Check
Fraud: A Guide to Avoiding Losses to assist financial institutions
in identifying these schemes. In an effort to assist financial
institutions in the identification of computer-related crimes,
the FBI obtained the concurrence of the federal banking regulatory
agencies to modify the Suspicious Activity Report with areas
for financial institutions to report these crimes.
_______________________________________________
1FBI Strategic Plan 1998-2003.
2A major case is defined
as an investigation pertaining to a failed financial institution
or where the loss or loss exposure to the financial institution
exceeds $100,000.
3These statistics are
derived from the Suspicious Activity Report database, which is
maintained by the U.S. Treasury Department's Financial Crimes
Enforcement Network.
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