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2018 | OriginalPaper | Chapter

5. Cops and Twenty-First-Century Robbers

Authors : Tiggey May, Bina Bhardwa

Published in: Organised Crime Groups involved in Fraud

Publisher: Springer International Publishing

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Abstract

This chapter provides an insight into the challenges faced by enforcement agencies when investigating organised crime groups involved in fraud, including whether and how to prioritise organised crime group fraud cases, the perception that fraud is a ‘victimless’ crime, the length and complexity of investigations, and the difficulties of working across jurisdictions. The views of enforcement professionals are juxtaposed with those of the 31 offender interviewees. The chapter provides a sombre account of the challenges faced by asset recovery teams when tracing victims’ money, money that has dispersed across bank accounts and borders within a matter of minutes. The reader is also provided with the striking comparison between the speed with which organised criminals are able to adapt their business practices and move money across jurisdictions to the world of policing, where investigations are complex, lengthy, and mainly reactive.

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previous chapter The Nature and Structure of Organised Crime Groups Involved in Fraud
next chapter Concluding Thoughts
Footnotes
1
Action Fraud is the reporting function of the National Fraud Intelligence Bureau (NFIB), which holds national responsibility for taking fraud reports.
 
2
At the time of research, FROs were an order in their own right; however, following the Serious Crime Act 2015, the FRO was subsumed into the SCPO and now forms part of this order.
 
3
‘A romance fraud occurs when you think you’ve met the perfect partner through an online dating website or app, but the other person is using a fake profile to form a relationship with you. They’re using the site to gain your trust and ask you for money or enough personal information to steal your identity’. (Action Fraud) http://​www.​actionfraud.​police.​uk/​fraud_​protection/​dating_​fraud.
 
4
The College of Policing Authorise Professional Practice states that: ‘Asset recovery makes sure that crime does not pay by seizing and confiscating assets acquired by individuals as a result of crime, such as cash, property, vehicles and high-value goods. A large proportion of the money received by the government as a result of asset recovery is then given back to the law enforcement agencies as an incentive towards recovering assets and to help reduce crime further.’ https://​www.​app.​college.​police.​uk/​app-content/​investigations/​investigative-strategies/​financial-investigation-2/​asset-recovery/​.
 
5
Confiscation is defined thus: ‘Confiscation is where an individual convicted of committing a crime is also suspected to have benefited financially from that crime and legal action is taken to confiscate the assets acquired from criminal activity. The role of the confiscation process is to recover the value of the assets that have benefited that individual, such as cash, properties or vehicles. This value can be recovered following a successful conviction by applying to the court for a confiscation order. If the order is granted the court will assess which assets can be confiscated, and the value of those assets.’ (College of Policing APP, https://​www.​app.​college.​police.​uk/​app-content/​investigations/​investigative-strategies/​financial-investigation-2/​asset-recovery/​).
 
6
Unfortunately, the Agency failed to meet its targets so was merged with the Serious Organised Crime Agency in 2008 (which later became the National Crime Agency).
 
7
The SCPO was introduced by the SOCPA 2005. An individual must have been convicted of a serious offence (including fraud, money laundering, and organised crime) by the Crown Court for an order to be attached post-conviction. Requirements of an SCPO include restrictions on financial, property, or business dealings; communication with certain individuals; travel both within UK and abroad; and the use of certain items. An order can also require a person to answer questions or provide information or documents specified in the order.
 
8
Prior to 2015, when convicted of a serious offence (including fraud, theft, money laundering, and funding terrorism), a court was able to impose an FRO on an offender post-conviction. The order required an individual to report to the police on his or her financial circumstances. Information requested could include details of income, assets, credit card accounts, financial transactions, and tax returns. FROs now form part of an SCPO, having been incorporated into the Serious Crime Act 2015.
 
9
‘An Asset Recovery Team primarily seeks to dismantle and disrupt serious and organised crime through the confiscations of financial proceeds obtained from criminal conduct. The nature of investigations undertaken often involves serious and complex fraud cases.’ (City of London Police) https://​www.​cityoflondon.​police.​uk/​advice-and-support/​fraud-and-economic-crime/​fraudsquads/​Pages/​Asset-recovery-team.​aspx.
 
10
A Cat D refers to a Category D prison, which is an open prison. If approved, prisoners in a Cat D are given a ‘Release On Temporary Licence’ to work in the community or to go on home leave once they have passed their Full Licence Eligibility Dates, which tends to be a quarter of the way through the sentence.
 
Literature
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Button, M., Johnston, L., Frimpong, K., & Smith, G. (2007). New Directions in Policing Fraud: The Emergence of the Counter Fraud Specialist in the United Kingdom. International Journal of the Sociology of Law, 35, 192–208.
Cram, F. (2013). Understanding the Proceeds of Crime Act 2002: Cash Seizure and Frontline Policing. The Howard Journal of Criminal Justice, 52(2), 121–131.CrossRef
Doig, A., & Levi, M. (2013). A Case of Arrested Development? Delivering the UK National Fraud Strategy Within Competing Policing Policy Priorities. Public Money & Management, 33(2), 145–152.
Doig, A., Johnson, S., & Levi, M. (2001). New Public Management, Old Populism and the Policing of Fraud. Public Policy and Administration, 16, 9.
Edwards, A. (2004). Understanding Organised Crime. Criminal Justice Matters, 55(1), 30–31.CrossRef
Finckenauer, J. O. (2005). Problems of Definition: What Is Organized Crime? Trends in Organized Crime, 8, 63–83.CrossRef
Harfield, C. (2008). The Organization of ‘Organized Crime Policing’ and Its International Context. Criminology & Criminal Justice, 8(4), 483–507.CrossRef
HM Government. (2006). Fraud Review: Final Report. London: Home Office.
Home Office. (2012). The Strategic Policing Requirement. London: Home Office.
Levi, M., & Burrows, J. (2008). Measuring the Impact of Fraud in the UK: A Conceptual and Empirical Journey. British Journal of Criminology, 48(3), 293–318.
Penna, S., & Kirby, S. (2013). Bridge Over the River Crime: Mobility and the Policing of Organised Crime. Mobilities, 8(4), 487–505.
Sproat, P. (2009). To What Extent Is the UK’s Anti-Money Laundering and Asset Recovery Regime Used Against Organised Crime? Journal of Money Laundering Control, 12(2), 134–150.CrossRef
Metadata
Title
Cops and Twenty-First-Century Robbers
Authors
Tiggey May
Bina Bhardwa
Copyright Year
2018
Book
Organised Crime Groups involved in Fraud

Print ISBN: 978-3-319-69400-9

Electronic ISBN: 978-3-319-69401-6

Copyright Year: 2018

DOI
https://doi.org/10.1007/978-3-319-69401-6_5

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