DEALING WITH WHITE COLLAR CRIME

INVESTIGATION / PROSECUTION

1 PRE-INVESTIGATION ACTIVITY

1. Debrief First Information of Crime informant fully.
   
2. Instruction form and hat he is to speak to no one else about suspected offence.
   
3. Establish which departments of the business will be involved by the nature of the offence suspected, e.g. Purchasing Department, Accounting Department, etc.
   
4. Establish the names and functional responsibilities of all personnel in each of the departments listed in 3.
   
5. Apply Need to Know principle. Decide who will have to be consulted from the list of names mentioned in 4. This will also comprise the list of persons to be interviewed.
   
6. Decide who will be responsible for investigation.
   
7. Construct plan of investigation, e.g. begin in Accounting Department - interview Accountant Mr X - request his assistance in doing xyz; Purchasing Department interview M r S etc. Etc.
   
8. Secure all records, archives, computer tapes and personal records of suspects as first step, then establish what the required documentary evidence will be, from where and whose control it will be obtained, how it will be safeguarded. The persons listed here will all have to submit affidavits.
   
9. Decide upon who will give the Police the initial affidavit which will not only report the suspected offence, but will set out in detail the system of operation within the business and how this system was overridden or compromised. This affidavit need only be submitted after the matter has been properly investigated and the factual situation established.
   
10. Make a list of evidence that is required but beyond the powers of the private investigating official to obtain, e.g., suspect's bank statements, paid cheques, etc.

2 INVESTIGATION

2.1 GATHERING INFORMATION:

1. Draw up flow chart of internal system and documentary trail.
   
2. Establish the period to be investigated, e.g., last six months.
   
3. Gather all identified and required documentary evidence that reflects the transaction flow of the entire system for the whole of the identified period of investigation.
   
4. Use only ONE person to gather the documentary evidence if possible. This person must note the date, time and place as well as the person from whose control he uplifted the documentary evidence. He should issue receipts and keep original copies of same. Affidavits will be required from each of the persons who handed him the documentary evidence. He will also be required to submit an affidavit stating that he uplifted all the documents, from whom and when this was done.
   
5. Working copies of all uplifted documentary evidence must be made. The originals should then be locked away in a safe place. No marks whatsoever must be made on any original document . An index of documents uplifted, which not only lists these documents, but also explains the nature of each, should be compiled.
   
6. Any computer evidence should be copied on separate disks by the person normally responsible for operating that computer. If that person happens to be a suspect then copies must be made by any other computer literate person IN THE PRESENCE OF THE SUSPECT. The copied disks should be sealed in the suspect's presence and safely stored. Working copies of the computer information can be made for the investigating officer's needs. Hard copy of the information should be printed and an affidavit obtained from the computer operator that the printed copy is a true copy of the information stored in the identified and sealed disk. (But see Section 8)
   
7. Affidavits will be required each step of the way regarding gathered documentation. The person who is responsible for preparing the document must be identified. The author of any signatures and other handwriting on any document must be identified. Affidavits from these persons will be required.

2.2 QUESTIONING

The purpose of questioning any person is to establish the truth. The questions should be aimed at establishing any unknown factor confirming a known fact.

THE QUESTIONS SHOULD NOT BE TO ESTABLISH A PERSON'S GUILT.
If, however, in the course of questioning a person certain facts emerge which cannot be explained in any other way, that person, by his answers indicates that he is guilty of committing an offence, then it must be proven that the person volunteered a confession and that it was not prised from him. Further questioning should stop and the person should be informed that he could be incriminating himself by his answers. He should be informed that if he so desires, he is free to make a full confession to a magistrate. If the person agrees, arrangements should be made for him to see a magistrate.

Questions by a private person, and confessions and statements made to a private person are admissible in certain circumstances.

2.3 INTERVIEWING GUIDELINES

The purpose of interviewing someone is to obtain information. In the nature of investigation this will be one sided, in that no information will be given to the subject unless it is necessary for the purposes of the interview. The subject must be very briefly informed of the reasons for the interview without disclosing any sensitive facts such as that criminal offences are suspected, or that certain persons are suspected, etc. The subject must also be requested not to speak to any person about his interview or tell anyone what he was asked. He must be informed that if anyone insists on knowing what he was asked, this person must be reported to the investigating officer. The subject should be informed (if he is definitely not a suspect) that he has nothing to worry about and that the interview is being conducted to try to establish the correct systems, facts, occurrences, etc. that took place in the recent past.

2.4 PREPARATION

The investigating officer should know as much about his subject as possible, from a personal perspective as well as a professional one. He should obviously know if the subject could be a possible suspect or not. He should know exactly where the subject fits in insofar as the investigation is concerned. He should know exactly what information he wishes to extract from the subject. He should have a prepared list of questions.

2.5 THE INTERVIEW

The interview should be conducted by at least two persons but preferably not more than three. Four people conducting the interview can be perceived as intimidating and may cause the subject to become defensive. Preferably one of the participants should be known to the subject as this can help him relax. Each of the participants should have his list of questions for the subject. The interview room should be situated away from the general office area. The use of micro recorders or video cameras should be pointed out to the subject, however they should be placed in an inconspicuous position as they can be intimidating. The subject must give his permission for the use of this equipment. Affidavits should be obtained from subjects interviewed immediately after the interview.

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