19-06 Economic Crimes Offenses

Economic Crimes Offenses

• The Kansas City Police Department has procedures for handling incidents involving forgery, fraud, counterfeit currency, identity theft, and failure to return leased/rented personal property.

Terminology

• Counterfeit/Forgery: altering, copying, or imitating something without authority or right, with the intent to deceive or defraud.
• Embezzlement: fraudulent appropriation of money or property by someone entrusted with its care on behalf of others.
• Extortion/Blackmail: unlawfully obtaining money, property, or other thing of value through the use or threat of force, misuse of authority, or other coercive means.
• Failure to Return Leased/Rented Personal Property: failing to return leased or rented property within the time specified in an agreement in writing, with the intent to deprive the owner thereof.
• Financial Exploitation: knowingly obtaining control over the property of an elderly person or person with a disability with the intent to permanently deprive them of their property.
• Fraud: intentional perversion of the truth for the purpose of inducing another person or entity to part with something of value.
• Fraudulent Computer Intrusions (Hacking): wrongfully gaining access to another person's or institution's computer software, hardware, or networks without authorized permissions or security clearances.

Procedures for Handling Economic Crimes

Forgery/Fraud Offenses

• If a member is dispatched to a location on a forgery call, they will prepare a report in the Records Management System (RMS) unless otherwise directed by the Economic Crimes Section (ECS).
• Prior to making an arrest, approval must be obtained from ECS personnel or the on-call detective during non-business hours.
• If a suspect is in-custody, contact ECS personnel or the on-call detective for instructions regarding copies of documents.

Passing Bad Checks

• If a member is dispatched to a location and a subject is being held for passing a bad check(s), the member will:
  • Determine if the check is stolen or counterfeit and has been used in an attempt to gain money or ownership of property.
  • Contact ECS personnel or the on-call detective for instructions regarding enforcement activity.
  • Complete a report entitled, "Passing Bad Checks," if the check is not stolen or counterfeit.

Counterfeit Currency

• Counterfeit detection pens contain a chemical that reacts with the pH level in U.S. Currency and will only be used as a tool to detect counterfeit money.
• When recovering counterfeit currency, the currency serial number(s) will be listed in the property tab of the reporting system.
• Members coming into contact with suspected counterfeit currency must notify ECS or the on-call detective during non-business hours.

Identity Theft

• The term "means of identification" includes any name, social security number, date of birth, official state or government-issued driver's license or identification number.
• Citizens wanting to make an initial report should be advised to respond to a division station.
• The report location must be a Kansas City, Missouri address and only one "Identity Theft" report should be taken per victim.

Failure to Return Leased/Rented Personal Property

• When property is leased/rented through an agreement, the lessee is given lawful possession of the property.

• Offense reports regarding the failure to return leased/rented personal property will be filed by rental agents (or their representatives) on a walk-in basis only at any patrol division station or police headquarters.

• Follow-up investigations will be the responsibility of ECS.### Recovered Stolen Vehicles

• If a member recovers a stolen vehicle, they must complete a "Recovered Stolen Auto" report.

• The vehicle must be recovered for safekeeping according to the current written directive "Towing/Protective Custody of Vehicles and Contents."

• If the member cannot verify the lessee is listed on the original report, they will not make an arrest, identify all occupants, complete a "Recovered Stolen Auto" report, and notify the Stolen Auto Desk.

Failure to Return Leased/Rented Property (Other Than Motor Vehicles)

• The reporting party must provide:
• A copy of the signed lease/rental agreement
• A notice containing a statement that failure to return the property may subject the lessee to criminal prosecution, addressed and sent by certified or registered mail to the lessee
• The certified/registered mail return receipt (or original envelope with an attempt to deliver notice stamped on it by the Post Office) indicating that at least ten days have elapsed since the letter was delivered (or the last attempt was made to deliver)
• Members will make copies of all related documents and have them scanned into the incident report within RMS.
• Original documents will be recovered according to the current written directive "Recovered Property Procedure."
• The report classification will be determined by the results of the preliminary investigation.
• If the lessee fails to return leased/rented property to the place of rental within the time specified in the rental agreement and no other offense has occurred, a "Failure to Return" report will be completed.
• If the leased/rented property was stolen in conjunction with another offense, the report classification will be based upon the primary offense.

Procedures for "Failure to Return Leased/Rented Property"

• When coming into contact with persons or property associated with a "failure to return leased/rented property" offense:
• Identify the person(s) found in possession of the property. If the lessee named on the original report is present, probable cause exists for the arrest of that subject.
• Recover the leased/rented property according to the current written directive "Recovered Property Procedure," provided that the property is not located in or about a private premise. Absent written or verbal consent, a search warrant is required if the leased/rented property is located on or about a private premise.
• Complete the appropriate supplemental report.