ONE WHO IS NOT THE LOWEST, RESPONSIBLE, RESPONSIVE BIDDER
(PARAGRAPH 1-8). FINALLY, CONTRACTS AWARDED THROUGH NEGOTIATION
(RATHER THAN COMPETITIVE BIDDING) MAY REVEAL FRAUD IN SUCH FORMS
AS INFORMATION GIVEN TO ONE CONTRACTOR WHICH IS NOT GIVEN TO
OTHERS, AND WHICH GIVES IT A COMPETITIVE ADVANTAGE (PARAGRAPH 1-9).
In the area of economic crime (or any crime for that matter), you should also keep appraised of
current developments through such things as the CID Information Digest Report. Volume 1, No. 2 (Feb
86), for example, discusses economic crime and "10 major crime conducive conditions." It involves
things like "contractors being paid for services that had not been accomplished." Such a condition,
obviously, can be a breeding ground for further frauds against the government.
Unfortunately, the U.S. Code does not have the elements of the various crimes set out like the
Manual for Courts-Martial. Your first task is to read the statute involved and to figure out what its
elements are. An example of this process is set out below, using 18 USC 711a. The statute looks like
this in the U.S. Code.
Whoever, except as authorized under rules and regulations issued by the Secretary,
knowingly and for profit manufactures, reproduces, or uses the character "Woodsy Owl,"
the name "Woodsy Owl," or the associated slogan, "Give a Hoot, Don't Pollute" shall be
fined not more than 0 or imprisoned not more than six months, or both.
The first step is to break this statute down, to list the elements.
Why do this? Because the government must prove each element beyond a reasonable doubt in
order to get a conviction for the crime. This means you must investigate each element of the crime.
So, what are the elements of 18 USC 711a? Broken down, they look like this:
1. Manufactures; reproduces; or uses,
2. the character "Woodsy Owl," the name "Woodsy Owl," or the slogan "Give a Hoot,
3. knowingly or for profit,
4. except as authorized.
Now the statute is easier to understand, and it is easier to plan an effective investigation because
you have a clear picture of what the crime is and what avenues must be pursued. This breakdown also
helps organize your thoughts when you are consulting with the attorneys on the case. The example
above is quick and easy. But look at a portion of the bribery statute, 18 USC 201: