Criminal Law Newsletters

Computer Fraud and Financial Institutions

With the prevalence and necessity of computers, computer fraud in financial institutions appears to be a frequently prosecuted offense. Employees, directors, and agents of financial institutions have access to their customers' information on a daily basis and at their fingertips. It is quite simple, for example, for an employee to delete unfavorable information of a client and add favorable information to the client's file. In the example above, the client may be able to obtain credit approval for certain items that he otherwise would not qualify for.

Criminal Forfeitures

Criminal forfeiture actions are generally thought of as a quasi-criminal matter. Criminal forfeiture involves the literal forfeiture of the defendant's personal or real property. Probable cause must be shown to support the seizure of property subject to forfeiture.

DEFENSE OF PROPERTY

A person who is in lawful possession of real property may use force to protect his or her real property. The person may use force against another person or an intruder if he or she reasonably believes that force is immediately necessary to prevent the other person's trespass on his or her real property. A person who is in lawful possession of tangible personal property may use force against another person in order to prevent the other person's unlawful interference with the personal property.

Mortgage Fraud

Mortgage fraud has become a more prevalent crime in the past few years. In the last two to three years the number of mortgage companies has increased at a rate of at least 50%. As a result of the increase in the number of mortgage companies, mortgage brokers seem to be engaging in more and more fraudulent types of conduct. The Federal Bureau of Investigation has cited the increase in the number of cases involving fraud and mortgage brokers.

The Travel Act

The Travel Act was passed in the 1960's in response to organized crime. The Act was intended to assist state and local authorities with limited resources in their efforts to combat organized crime. The Act provides that any individual who travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce with the intent to distribute the proceeds of any unlawful activity, commit a violent crime to further criminal activity, promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on of any criminal activity, may be guilty of violating the Travel Act.