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MN Advisory Comm Exhibits 1-18 - Minnesota Judicial Branch

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ci<br />

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EVERY RESIDENT of Hennepin<br />

County was a direct or indirect victim<br />

of these and similar types of white collar<br />

crimes. Losses suffered by businesses<br />

and government were passed on to<br />

consumers and taxpayers in the form of<br />

higher prices, higher taxes and reduced<br />

services.<br />

The dollar loss to the public from<br />

whit,p collar crimes may far exceed that<br />

of slrect crime. and there are indicaticJIlS<br />

tllat SeVcl’Fil typos of’ bvtlito coll;ir<br />

c&rimes arc on the r’isc.<br />

A study of’ 1 I(tnnepin Coullty District<br />

Court records of criminal (IHSC’S arraigned<br />

in 1973 discsloscd only twothirds<br />

as many white collar crimes as<br />

street crimes. But the dollar cost of the<br />

white collar crimes was nearly twoand-a-half<br />

times greater. And the cost<br />

was borne by individuals, groups, business<br />

and government - all vulnerable<br />

to the white collar criminal.<br />

White collar crimes exploit the trust<br />

of an unsuspecting and cooperative victim<br />

through the use of guile or deceit.<br />

Frauds, embezzlements, forgeries and<br />

price-fixing are all types of white collar<br />

crimes.<br />

Individuals trying to save money are<br />

particularly susceptible to frauds,<br />

especially home improvement and auto<br />

repair schemes. As in the case of the<br />

homeowner with a leaking roof, a “good<br />

deal“ often turns out to be fraudulent<br />

and even more costly for the consumer<br />

than an expensive but competent job.<br />

The more elaborate buyers club<br />

10<br />

scheme exploited over 7.000 Midwes-<br />

terners trying to save money through<br />

cooperative buying. Each club member<br />

paid $395 for a lo-year membership in<br />

Mid-America Savers, Inc., of Edina,<br />

and was guaranteed wholesale buying<br />

rights. But the club’s announced 6 per-<br />

cent handling fee was soon increased by<br />

an illegal and hidden 8 percent markup<br />

in the wholesale prices listed in the club<br />

catalog. The club also began charging<br />

down payments, another violation of<br />

the original membership agreement.<br />

By the time the state became aware<br />

of the fraud in October. 1973. the club<br />

owed members $48,000 in down pay-<br />

rncnts and $200.000 in refunds on the<br />

remaining years of memberships.<br />

Another $48,000 was owed to companies<br />

which had delivered merchandise but<br />

had not been paid by the club.<br />

Even through the club officers were<br />

convicted in federal court last summel<br />

and company assets were placed in re-<br />

ceivership, defrauded members and<br />

companies will never receive refunds<br />

or payments.<br />

Mel Vander Meer, a St. Paul postal<br />

inspector who worked on the case, exp-<br />

lained that “all the company money<br />

went into operating and personal ex-<br />

penses, and that’s why you never find a<br />

bundle at the end of these schemes,<br />

even though people think you do.<br />

Ninety-five percent of the time, nothing<br />

is recovered.”<br />

While the need to economize makes<br />

the individual vulnerable to white collar<br />

frauds, the hope of easy gains is equally<br />

dangerous.<br />

Ads for work-at-home schemes, for<br />

example. promise great earnings with<br />

“no experience necessary.” Clipping<br />

newspapers, addresssing envelopes,<br />

assembling items, making clothing and<br />

raising animals are among the jobs of-<br />

fcred. The initial investment by the in-<br />

dividual often exceeds the profits possi-<br />

blc. Although each person loses only a<br />

few dollars. the U.S. Chamber of Con-<br />

mcrcc estimates that, nationally. $500<br />

million is milked from the public each<br />

year through these schemes.<br />

Mail order investment frauds also<br />

victimize people seeking financial gains<br />

for no work. Recently a Twin Cities<br />

man advertised silver dollars in the<br />

newspaper, priced at less than market<br />

value. He collected $1,900 by mail in<br />

three weeks, sent no silver dollars and<br />

left town.<br />

On a more devastating scale, 14 Twin<br />

Cities residents lost a total of $31,000<br />

during the first six months of 1973 to a<br />

man who promised investment gains on<br />

the commodities market. False charts<br />

and a fluid sales technique won the trust<br />

of the victims, but their money was sto-<br />

len, not invested. The loss represented<br />

the life savings of several of the vic-<br />

tims.<br />

And occasionally an individual who is<br />

neither trying to save nor earn money is<br />

victimized through no fault or action 01<br />

his own. Last year, some <strong>Minnesota</strong> re-<br />

sidents discovered that they had been<br />

bilked by car dealers turning back<br />

odometers and artificially increasing<br />

the value of used cars. No one knows yet<br />

-- and some victims may never knoL$<br />

they were “taken” -- how many p~~ol)lc~<br />

were defrauded or what the dollar loss<br />

has been.<br />

On a more personal level. mtsmbcr!:<br />

of a Minneapolis church bowling Irnguc<br />

paid $1.800 in dues to the leaguc~ trras-<br />

urcr to pay for the annual banquc~t.<br />

After the members I’inishcd their ban-<br />

quet dinner and received their trophies.<br />

the treasurer slowly rose and haltingly<br />

announced that there was no mono’)’ to<br />

pay for the banquet. He had spent the<br />

dues on himself,<br />

While customers, clients and club<br />

members are prey to many schemes.<br />

businesses also suffer from frauds at<br />

the hands of their own customers and<br />

employees.<br />

Jerry &huller. part owner of Tower<br />

Grocery and Ralph and Jerry’s in Min-<br />

neapolis, estimated his losses at both<br />

stores from bad and forged checks at<br />

over $1,000 per year. Schuller’s Tower<br />

Grocery has been held up three times in<br />

the last year, but his losses to the armecl<br />

criminals were considerably less than<br />

losses to the bad check artists.<br />

William Rose of Kick’s Liquors in<br />

Minneapolis said that he loses a ,‘sub-<br />

stantial amount” of money each year to<br />

bad checks and forgeries.<br />

“It’s equivalent to stealing,” Rose<br />

said. “The only difference is that the)<br />

don’t use a gun.” Rose estirnates that<br />

several thousand dollars of “pure los-<br />

ses” are absorbed by Kick’s each year,<br />

Brooks Superettes in the Twin Cities<br />

loss nearly 2.5 percent of its annual<br />

gross earnings to “internal and exter-<br />

nal frauds,” estimates Keith Carlson.<br />

president. Losses of the 20 Brooks<br />

stores probably exceed $100,000 annu-<br />

ally from bad checks. forgeries. shop-<br />

lifting and employee theft, Carlson<br />

said. All Brooks employees --- man-<br />

“It’s equivalent<br />

to stealing.<br />

The difference<br />

is . . . they<br />

don’t use<br />

a gun.”<br />

Greater Minneapolis

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