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48 Cards in this Set

  • Front
  • Back

Reactive

occur from notification that a crime has occurred. May result from insiders, investigators, or auditors

Proactive

investigator initiated investigation. In many money laundering schemes, the investigator may discover the financial crime accidentally.


sometimes a general suspicion could lead to probing and discovery of an illegal financial activity..

case evaluation

this stage requires an investigator to sort through superfluous information and extract essential elements of a case/allegations

Criminal systems

end goal of prosecution is imprisonment of the offender, fines, or both


prosecutor is the attorney for society

civil system

end goal of prosecution is to repair the damage to the victim


civil attorney represents the individual

solvability factors

these are the characteristics of an incident that help to predict how successful an investigation will be

weighted solvability factors

weighted system recognizes that not all factors are equal in determining solvability. weights are determined based on the statistical research and anecdotal expereince

un-weighted solvabiltiy factors

do not assign any particular importance to individual factors


each factor is relativly important as the next


most un-weighted solvability schemes are based on anecdotal

Why plan?

To maintain focus: focus your efforts in line with the goals of the investigation


Control growth: proper management of evidence, manage unforseeable changes


Promote adaptability: circumstances surrounding the investigation may change and the plan must have some built-in adaptability



3 commonalities when developing an investigation plan

1. competence: conduct a thorough analysis of the potential issues involved so a determination can be made as to what additional skill sets and resources are needed to obtain the information that is sought.


2. corroboration: no information should be taken at face value. all facts must be reviewed and verified.


3. common sense: do the allegations, witness accounts, and evidence make sense?

investigative plan

1. verify the occurence


2. alleged violation


3. identify elements of the allegation


4. identify the targets of the investigation


5. assign the appropriate investigator


6. collect facts/conduct interviews


7. review the information and verify


8. documentation

financial planning

allows for better consideration of resources, techniques, within a specific budget

personnel planning

identify key personnel requirements-may need to consider the use of outside experts such as technology experts, law enforcement, security, experts

technology planning

what technologies do you need to invest in?


consideration of advances in technology


may need to address compatibility issues

flow of investigation process

background, understand the case, intelligence gathering, investigative due diligence, intelligence gathering

background

goal is to build knowledge for the case. two reasons for conducting background work in financial crimes


a myriad of fraudulent schemes exist


businesses are evolving constantly

understand the case

become familiar with the business structure, business processes


are there any deviations in operations?


document your progress using visual aids such as flow charts, organizational charts ets.


investigate the industry: look at industry standards regulations

intelligence gathering

often unrecognized is the element of the human mind and individual behavior


fraud diamond: rationalization, opportunity, motivation, capability

6 traits in the personality of a fraudster: positioning

ones position or function within the organization

6 traits in the personality of a fraudster: intelligence and creativity

one must be smart enough to exploit the weakness in internal controls

6 traits in the personality of a fraudster:

ego

one must have a strong ego and great confidence that he will not be detected

6 traits in the personality of a fraudster:coercion

coerce others to commit or conceal fraud

6 traits in the personality of a fraudster:deceit

successful fraud requires effective and consistent lies

6 traits in the personality of a fraudster:stress

the individual must be able to control his stress as committing the fraudulent act and keeping it concealed can be extremely stressful

investigative due diligence

comprises of information intelligence insight and access


it explores issues beyond the information found in ledger books and contract caluses


focuses on in-depth background investigation, vulnerability assessment, corporate personality, and business intelligence gathering


(business and media database research, public records searches, direct contact with government, industry, personal, and confidential sources)

surveillance

provide information readily visible, but iwthout a paper trail


conduct covert surveillance of the suspect, suspects associates, and the victim



database searches

private databases: databases to which access is restricted


include both government sources and commercial sources


public databases- no restrictions, includes property tax assessment records, civil and criminal histories

trash collection

discarded reeipts offer proof of purchases, discarded packaging information


no expectation of privacy in discarded items

types of evidence

testimonial evidence- actual witness testimony in open court


documentary evidence- obtained during investigation


demonstrative evidence- graphs


real evidence- physical, tangible

best evidence

the original peice of evidence untampered and unchanged

process of proof

evidence- inference-proof/conclusion


the ability to prove a case depends on both evidence and how well the strength of the inferences is

inference

the persuasive effect of evidence


inference relies on logic

relevance

evidence is relevant if it tends to either prove or disprove an issue in contention

deductive argument

a form of argument that works from general statement to a specific conclusion; top down logic


1. major premise


2. minor premise


3. conclusion


( all mammals are animals


all dogs are mammals


all dogs are animals


)



inductive argument

drawing conclusion from evidence, bottom up logic


less precise than deductive logic


several observations are combined to reach a conclusion

hasty generalization

conclusion not logically justified by unbiased or sufficient evidence

fallacy or exclusion

exclusion of evidence from consideration

explicit inferences

inferences made by the investigator based on explicit evidence


"sandra stole money, she was caught on tape"

implicit inferenes

not directly states, but what is expressed in understood


hidden inferences are implied


the investigator hints at the evidence and it is up to the judge to discover the inference

why use analysis tools?

visualization of complex relationships


identify people who are powerful and influential


study behavior of illegal networks


improve the ease with which the investigations are conducted

matrices

collection of rows and columns


used to model relationships between different types of objects


square matrix-represent a single object under study


rectangular matrix- represents a relationship between more than one type of object


the difference between a square and a rectangle matrix is the ability to relate unmatched items


matrices lack visual representation and therefore are often used by analysts as preliminary steps in the analysis process

link diagram

relationships between objects in a link diagram are represented through nodes


the lines connecting nodes are referred to as edges


easy to construct, easy to interpret


circles represent people, lines represent relationships


rectangles or squares can be used to represent organizations



social network analysis

used to investigate social structures in a network through the use of graph theories

density

the proportion of direct ties relative to the total number possible, the close the ratio to 1, the denser the network

connectivity

the ability of each actor within a network to reach other actors

closeness

a measure of distance between nodes, members of an organization, nodes that are a great distance from each other are more vulnerable to disruption

degree

total number of ties one actor has within the organization

betweenness

the number of relationships that lie between other actors and a particular actor