Someone give me the lowdown on this
Talk to me like a novice..i want the INS AND OUTS
Talk to me like a novice..i want the INS AND OUTS
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more 4th stuff
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Check Kiting, Float for Purposes of Profit
By Kevin B. Kendrick, Supervisory Special Agent, Federal Bureau of Investigation
Normally, the individual who writes a check for a purchase or bill payment on one day and hurries to the bank the next day to deposit funds has no intent to defraud a financial institution or business.
However, not everyone who floats funds is law-abiding and responsible. A problem exists with the few who take advantage of the system by exploiting technological and regulatory characteristics of financial institutions. The few individuals who practice check fraud, which includes check kiting, cost the nation an estimated $1 billion in losses annually.
The practice of "kiting" checks has been defined in a number of ways. The Office of the Comptroller of the Currency, in its "Policy Guidelines for National Bank Directors," defines kiting as "a method whereby a depositor ...utilizes the time required for checks to clear to obtain an unauthorized loan without any interest charge."
ABA describes check kiting as "the process of floating worthless checks between accounts established in two or more banks." ABA further states that "a kiter is able to create the impression of having a real balance in each of the banks by carefully timing deposits and checks, and taking advantage of the time needed for checks to clear."
The Federal Bureau of Investigation defines check kiting as "a scheme which artificially inflates bank account balances, in accounts that are under common control, for purposes of obtaining unauthorized use of bank funds, through the systematic exchanging or swapping of checks between these accounts, in a manner which is designed to misuse the float that exists in the banking system."
By any of these definitions, check kiting steps over the line from practice to crime when the purveyors of the activity intend to obtain something of value by trick, deceit, deception or swindle.
Who is it that engages in the practice of criminal check kiting? According to law enforcement experts, check kiters generally have a professional appearance and manner. The professional check kiter usually has a good working relationship with his or her financial institution regardless of whether the liter has a legitimate or bogus business. This good relationship eventually works to the disadvantage of the bank because personnel are much less likely to be suspicious of "good" customers.
How can you tell if you and your financial institution are being victimized by a check kilo? Telltale account activity to look for when kiting is suspected includes:
- A high number of deposits-usually several per day.
- A high percentage of deposited funds coming from accounts under common control of the suspected kiter.
- Checks in float many times greater than closing bank balances.
- More "real" money is being taken out than put in.
- Deposit and withdrawal activity conceals negative actual balances.
- Total dollar debits and credits are almost equal.
- Many deposit items drawn on the same bank(s) or many checks payable to the same payee.
- Overdrafts covered with checks and not with cash.
- Checks written in "round" dollar amounts.
- Frequent inquiries regarding account balances.
- Frequent use of different bank branches.
- Frequent use of ATMs to make deposits.
In the past, prosecutors at all levels found it difficult to bring criminal charges against individuals involved in kiting activities. Laws required the prosecution to prove that the individual acted with the intent to defraud the financial institution. If charges were brought, defense attorneys were quick to use the "my client didn't know" argument or assert that the "bank knew" what activities were occurring. In 1990, an amendment to Section 1344 of Title 18, United States Code, gave prosecutors a means by which check liters could be charged more easily. The straight-forward language of this statute made it illegal for individuals to engage in or attempt to engage in any scheme to defraud a financial institution or obtain funds from a financial institu-tion by means of false pretenses.
In addition, the FBI has developed a computer-based analytical program that simplifies even the most complex of kiting schemes. The program makes schemes more under-standable to those with the task of investigating and prosecuting kiting suspects, and giving kiting cases much more jury appeal. It uses data derived from checks and bank state-ments of accounts involved in kiting schemes to prepare reports that greatly assist in creating graphical summaries of the kiting scheme. Many check loiters, when confronted with graphical summaries of their kiting activity, have opted to plead guilty rather than go to trial.
The FBI is concerned about check fraud and all other types of financial institution fraud. If you believe that you have been the victim of check kiting activity or any other type of financial fraud, please contact your local FBI office.Comment -
Hey Brock, looks like you've gone from an inevitable trip to the Champaign prison all the way to a long-term stay in Stateville. Don't drop the soap buddy!Comment -
Fuk off palOriginally posted by ScottRoseComment -
Where's the expert help, EI, you know about this shit!Comment -
Its a Fishhead method. Grinding out writing checks all day all over town for a small profit, not worth itComment -
Check kiting is a systematic pattern of depositing nonsufficient funds (NSF) checks between two or more banks, resulting in the books and records of those banks showing inflated balances that permit these NSF checks to be honored rather than returned unpaid. In addition, other checks and withdrawals may be honored against these inflated balances, resulting in actual negative balances, to the extent that banks allow withdrawal of uncollected funds. Put simply, check kiting is accomplished by taking advantage of the float--that is, the time required for a check deposited in one bank to be physically presented for payment at the bank on which it was drawn.
Check kiting goes beyond check swapping, which involves merely exchanging checks between two or more bank accounts. When individuals devise check swapping schemes in order to create bragging rights to large account balances, they usually need not fear prosecution because the potential loss from one bank is offset by a matching inflated balance in another. Upon discovery, cooperating banks resolve the problem by returning the checks unpaid and eliminating artificially inflated balances among themselves. However, when individuals knowingly write checks against these balances to pay for purchases or other expenditures to third parties, they are committing a prosecutable offense known as check kiting.Comment -
Looking for feedback from people like JJGOLD, Nicky Santoro, FISHHEAD, RONALD, ETCComment -
I know a tad bit about the subject, pm me an email addressComment -
Some forms of cheque fraud involve the use of a second bank or a third party, usually a place of retail, in order to delay the absence of funds in a transactional account on the day the cheque is due to clear at the bank, essentially robbing Peter to pay Paul. Such acts are frequently committed by broke or temporarily unemployed individuals or small businesses seeking emergency loans, by start-up businesses or other struggling businesses seeking interest-free financing while intending to make good on their balances, or by pathological gamblers who have the expectation of depositing funds upon winning.
-Taken from wikipediaComment -
Originally posted by excel
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