Another important source, of course, is the U.S. Code itself. The Federal Criminal Code and Rules
contains the Federal Rules of Evidence (FRE), the Federal Rules of Criminal Procedure, and Title 18 of
the U.S. Code. Title 18, of course, is the basic federal criminal code, which contains most of the
economic crimes. Use the U.S. Code along with Criminal Investigation Division (CID) Pam 195-8.
When you look up the provisions of a statute, coordinate with the Staff Judge Advocate (JAG) in
determining whether or not you meet the elements of the offense.
QUESTION:
WHY IS IT IMPORTANT TO UNDERSTAND THE ELEMENTS OF THE CRIMES?
ANSWER:
THERE ARE MANY DIFFERENT STATUTES HERE, SOME OF WHICH ARE FAIRLY
SIMILAR. CHARGING THE WRONG ONE CAN PROVE DISASTROUS AT TRIAL, AS
IT MAY PRODUCE A COMPLETE DISMISSAL OF THE GOVERNMENT'S CASE, AND
EMBARRASSMENT TO ALL PARTIES CONCERNED. AS STATED, USE THE U.S.
CODE ALONG WITH USACIDC PAM 195-8.
THE LATTER EXPLAINS THE
ELEMENTS OF THE VARIOUS CRIMES AND PROVIDES EXAMPLES OF EACH.
ALWAYS REMEMBER THAT WE ARE DEALING WITH COMPLICATED STATUTES
AND, VERY FREQUENTLY, SOME VERY SOPHISTICATED OFFENDERS. A SLOPPY
INVESTIGATION AIMED AT SUCH OFFENDERS IS DOOMED FROM THE OUTSET.
THESE CASES DEMAND PATIENCE AND A METICULOUS ATTENTION TO DETAIL.
A third important source is DOD IG Miscellaneous Publication 20-1, Indicators of Fraud in
Department of Defense Procurement (June 1987). It identifies the crimes most frequently involved in
this area.
QUESTION:
WHAT CRIMES ARE THESE?
ANSWER:
FALSE STATEMENTS (18 USC SECTION 1001), FALSE CLAIMS (SECTION 287),
MAIL FRAUD (SECTION 1341), WIRE FRAUD (SECTION 1343), BRIBERY AND
GRATUITIES (SECTION 201 AND SECTION 209), AND CONFLICTS OF INTEREST
(SECTION 208). WE'LL LOOK AT THESE SHORTLY.
This publication breaks the contracting process into its various stages, and shows "indicators of
fraud" at each level, explaining that their existence "should cause DOD employees to be alert to the
possibility of impropriety and take appropriate actions to ensure the integrity of the process" (paragraph
1-1).
QUESTION:
THE FIRST PHASE IS THE "IDENTIFICATION OF THE GOVERNMENT'S NEED
FOR GOODS OR SERVICES." WHAT ARE INDICATORS OF FRAUD HERE?
ANSWER:
FRAUD MAY RESULT "FROM DECISIONS TO BUY GOODS AND SERVICES IN
EXCESS OF THOSE ACTUALLY NEEDED OR POSSIBLY NOT NEEDED AT ALL."
ANOTHER EXAMPLE IS IMPROPERLY DEFINING THE NEEDS "IN WAYS THAT CAN
BE MET ONLY BY CERTAIN CONTRACTORS" (PARAGRAPH 1-2(d)4). ANOTHER
PROBLEM AREA IS IMPROPERLY IDENTIFYING SOLE SOURCE PROCUREMENTS
(PARAGRAPH 1-2(d)5).
QUESTION:
THE NEXT PHASE IS THE DEVELOPMENT OF STATEMENTS OF WORK AND
SPECIFICATIONS. WHAT ARE INDICATORS OF FRAUD HERE?
MP1022
1-6
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