Mr. Chairman and members of
the Committee, I am pleased to be here today. Since its inception
in 1865 the Secret
Service has been involved in the investigation of counterfeit
monetary instruments which affect the integrity and well being
of this nation's monetary and economic systems.
As a law enforcement Bureau within the Department of the Treasury, the Secret Service is mandated to conduct investigations of criminal activities when our Nation's financial systems are compromised and the economy of the United States is impacted.
On November 5, 1990, pursuant to Public Law 101-529, Section 528, the Secret Service received concurrent jurisdiction with the Department of Justice law enforcement personnel "to conduct or perform any kind of investigation, civil or criminal, related to fraud or other criminal or unlawful activity in or against any federally insured financial institution..."
During the past several years the Secret Service has seen a dramatic increase in the number of investigations specifically relating to the counterfeiting of checks or other related instruments. The suspects in these investigations range from the lone individual to highly organized groups who target financial institutions and businesses nationwide.
As one would expect, the motivation
behind these schemes is greed - the goal is always money. Financial
systems are studied by the criminal and weaknesses are exploited.
While arrests and convictions are a central component to any enforcement
strategy, the Secret Service has always sought to identify and
correct systemic weaknesses thus combining prevention with enforcement
for a comprehensive, cost effective strategy.
While the suspects in these investigations have been traditionally thought of as white collar criminals we have recently witnessed the emergence of violent criminals engaging in these unlawful schemes. The proceeds of these criminal activities are not only used to support the lifestyles of the suspects, but also to fund other types of criminal activities, including the sale and distribution of narcotics and other violent crimes.
The use of computers and desktop publishing programs has made this crime attractive to a wide variety of criminal elements.
The crime is low cost as is
the risk of being apprehended (as compared to other types of criminal
activity), while the potential for economic gain is high.
In 1995, the Federal Reserve
Board reported overall check fraud losses to United States' financial
institutions at $615 million. A similar report in Business Week
reported overall losses to customers for the same time period
to be approximately $12 billion. The industry noted "this
is ....400 times more than 1995 bank robberies."
Secret Service investigations
have uncovered a wide range of methods by which various checks
and financial instruments are counterfeited. These methods range
from the unsophisticated cut and paste method to sophisticated
desktop publishing techniques.
Today many businesses produce
their own checks using computers, graphics software, and laser
printers. Unfortunately, as this occurs with many positive technological
advancements, there are those who will use an otherwise useful
tool to perpetrate crimes. In this case, these same desktop software
publishing programs legally used by businesses are illegally used
to counterfeit various financial instruments. Criminals simply
obtain a genuine check and scan this check into a computer. They
can then change the date, the payee, the dollar value of the check,
corporate logos, or any other feature. They then print the check
on a printer loaded with check paper which can be purchased in
most business supply stores. The result is a high quality counterfeit
check which is indistinguishable from the genuine check. Since
there is no standard check design (each business issues their
own checks) a genuine check is no longer a necessity. Armed with
relatively inexpensive technology and genuine account numbers
a counterfeit check can be created. The mobility of these "printing
plants" makes these types of crimes difficult to investigate.
When conducting searches of residences, motel rooms, or vehicles,
the Secret Service has discovered an alarming trend which we refer
to as "one stop shopping" for financial fraud. The seizure
of computers that were used to generate counterfeit checks, counterfeit
traveler's checks, counterfeit credit cards, or counterfeit U.S.
currency has become commonplace. These computers also generate
counterfeit identification needed to negotiate these counterfeit
instruments and breeder documents (birth certificates or social
security cards) which are used to obtain other forms of genuine
identification for criminal use.
Frequently counterfeit checks,
used in concert with false identification, are cashed at small
businesses or are used to purchase items from small businesses
through classified advertisements. The Secret Service is still
in the process of completing its investigation of a large counterfeit
check operation which originated in Southern California and involved
an Asian criminal group. The "leaders" of this group
were obtaining copies of genuine checks from a source inside a
financial institution. Checking account information was targeted
and compromised from large corporations based on the number of
employees, the geographic location of the corporation, and the
account balance. These "leaders" would direct the activity
of the counterfeit check "manufacturers" and "organizers".
The "organizers" would coordinate the travel of the
"recruiters" and "drivers". Upon arrival in
a city the "recruiters" would recruit persons to cash
these counterfeit checks. Banks and financial institutions that
had a business relationship with the corporation whose checks
had been counterfeited were targeted. A cell of six to ten persons
directed by the "organizers" would cash checks at several
branches of the same bank over a two to three day period. The
counterfeited checks were generally under $1,000.00. Genuine identification
was usually obtained by the "recruits". Counterfeit
corporate identification was sometimes provided as well. Banks
would cash these counterfeit checks for non-account holders because
of the business relationship they have with the corporation. Losses
over this period would average between $20,000 to $40,0000 per
city. Losses in this particular investigation stand at approximately
$25 million to date.
Computers and desktop publishing
programs have also been used to create fictitious financial
instruments. These are not counterfeits because they have not
been copied from an original. They have been created to resemble
a legitimate financial instrument. Some of these fictitious instruments
have been labeled Certified Bankers Checks, Comptroller Warrants,
Lien Drafts, and Republic of Texas Warrants. Hundreds of millions
of dollars of these fictitious instruments have been submitted
for payment to financial institutions and government agencies.
Combating these systemic attacks
against financial systems and institutions requires a comprehensive
approach. Partnerships and cooperation is essential amongst Federal,
State and local law enforcement, banks, credit card companies,
non-banking financial systems, bank regulators and customers of
these entities. Through these partnerships a multi-faceted strategy
can effectively combat the problem.
An integral part of this strategy
is a "proactive risk analysis" of our financial systems.
This is accomplished through regular interaction between law enforcement
officials and individuals in the financial system and industry.
This interaction, we believe, must occur on a local, national
and international basis. There are a multitude of organizations
which have been active in this arena. Groups such as the International
Association of Financial Crime Investigators (IAFCI), American
Bankers Association (ABA), the Bank Fraud Working Group (comprised
of representatives from all federal bank regulatory offices and
related federal law enforcement agencies), local and state bank
security working groups (comprised of federal, state and local
law enforcement and banks within those regions), just to name
a few.
Security procedures and enhancements,
such as security check stock; biometrics; and holograms are but
a few of the proposals which law enforcement agencies have supported
and proposed. Security enhancement proposals made through a similar
public/private working group have proven successful in combating
credit card fraud. We should build upon that success by following
a similar strategy.
Security features are only
one of the methods that will deter criminal activity in desktop
publishing of counterfeit financial instruments. Financial institutions
and businesses must apply the same principles which the Secret
Service has been advocating for years. The "know your customer"
philosophy will go a long way in reducing fraud associated with
counterfeit checks. Training of bank and business personnel to
recognize unusual patterns, such as recently issued driver's licenses
or identification cards, and characteristics of counterfeited
identification will greatly enhance the probability of detection.
A diverse, professional working
group allows for the exchange of information concerning criminal
activities and trends as well as on-going problems affecting financial
institutions. Many of these joint groups will establish communication
links through the use of E-mail and fax, enabling the identification
of a current problem or emerging trend, thus allowing law enforcement
officials to respond in a timely and efficient manner.
In conjunction with the working
groups that are exchanging information and recommending security
enhancements it is essential to create investigative task forces.
This is truly a partnership approach to combat these types
of crimes. The implementation of task forces allows for a combination
of federal, state, and local law enforcement officials and prosecutors
to pool resources and draw upon the individual expertise that
each agency brings to the table. These task forces can maintain
routine contact with the industry working group thus creating
a complementary dynamic in uncovering criminal activity.
Because computers are used
as a repository of recorded information, such as the counterfeit
documents and proceeds of these crimes, the retrieval of this
data as evidence for prosecution is essential and requires highly
trained personnel and state of the art equipment.
Secret Service Agents, highly
trained in the forensic examination of computers and related equipment,
are a major component of both the task force and unilateral Secret
Service investigative efforts. These agents are part of the Electronic
Crimes Special Agent Program (ECSAP) and are strategically placed
throughout the country, to provide technical assistance to investigators
and prosecutors when needed to retrieve evidence or provide additional
technical services. The Secret Service Electronic Crimes Laboratory
possesses state of the art equipment which is used for the forensic
examination of computers and related investigations.
The Secret Service has also
established the Counterfeit Instrument Database. This database
obtains specimens of counterfeit instruments, including payroll
checks, bank checks, traveler's checks, and other financial instruments,
which enable the Secret Service to associate and link investigations
based on common characteristics unique to each instrument. This
tool has enabled us to identify specific equipment used to counterfeit
these financial instruments and greatly enhances our ability to
investigate these crimes.
Legislation has also served
to combat these criminal schemes. The establishment of Title 18
U.S.C. 514 (Fictitious Instruments) serves as a prime example.
Prior to this legislative initiative, it was not a crime to produce
or possess a false or fictitious financial instrument. Effective
September 30, 1996, this law was added to Title 18 of the United
States Federal Criminal Code.
Training of the law enforcement
community and the public is always a crucial element to any comprehensive
enforcement strategy. The Secret Service believes that law enforcement
officials must be kept abreast of the ever-changing technology
that enables criminals to commit financial crimes. Police officers
should be able to recognize potential evidence, such as computers,
software, and related equipment, which is easily transportable
in a vehicle. Routine traffic stops have led to the suppression
of counterfeit check printing operations and are directly attributable
to the police officer's awareness of the tools of the crime.
The public, especially businesses,
must be made aware of how counterfeit check schemes operate. The
ability of individual bank tellers and support personnel to recognize
the counterfeit check schemes is vital. These individuals are
law enforcement's first line of defense. Banks should ensure that
they have established policies and procedures to prevent check
fraud and that these policies draw from the experiences in the
banking and law enforcement communities. Financial institutions
should insure that bank employees are required to adhere to all
internal policies which are in place to prevent financial instrument
fraud. We believe that the financial community and law enforcement
are committed to enhance these efforts, and many of these types
of deterrent measures are available to banks through the FDIC
and ABA.
We must face the reality that
no one system will prevent the financial crimes involving the
counterfeiting of checks and other financial instruments. The
Secret Service encourages and supports a comprehensive effort
by financial institutions, the private sector, and the law enforcement
community to develop and implement security enhancements, explore
the use of biometrics, investigate through task forces, and provide
necessary training and education to the public. This partnership
strategy has proven successful in combating credit card fraud,
and we believe it will succeed in combating the counterfeiting
of checks and other financial instruments. I thank the members
for their time and letting me express our views and concerns.
I will be happy to answer any questions which you may have.