18 Hoosier Banker April 2016 COMPLIANCE CONNECTION Question: We have experienced several losses in recent months through check fraud. While we have been working with local law enforcement to identify the guilty parties, we have been told that law enforcement cannot help us if the fraudsters “disappear” across state lines, in our case to Illinois. Does Indiana law provide any remedy for us to pursue criminals who flee out of state? Answer: Indiana is one of 48 states that have adopted the Uniform Criminal Extradition Act (UCEA);1 however, to pursue an individual convicted of a crime in Indiana, but who then flees to another jurisdiction, you will have to look to the state law in the state you believe the fugitive is present. Every state is limited in the legal authority it may enforce to the people within its borders. The UCEA provides a process for a state seeking to enforce its laws to extradite a person who has been convicted of a crime in another state, In the situation described above, the bank would have to work with local law enforcement authorities to report the check fraud, and ask them to pursue criminal charges against the fraudsters. Ind. Code 35-43-5-5(a) provides that any person who knowingly or intentionally issues or delivers a check, draft or an order on a credit institution for the payment of or to acquire money back to the state from which he or she fled. In addition to the many state adoptions of the UCEA, the U.S. Constitution provides: “A person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.”2 About Compliance Connection In order to address compliance inquiries from members, IBA provides Compliance Connection, an assistance program offering advice on Indianaspecific compliance questions. If the matter requires legal advice, IBA Compliance Connection will refer the bank to a law firm. Acting as IBA’s compliance counsel is Brett J. Ashton, partner with Krieg DeVault LLP, Indianapolis, and chair of the firm’s financial institutions practice group. Submit Compliance Connection questions to IBA’s Amber R. Van Til at avantil@indianabankers. org or Josh Myers at jmyers@indianabankers.org. Continued on facing page.
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