ANALYSING DOCUMENTS Flashcards
From the moment evidence is received, its chain of custody must be maintained for it to be
accepted by the court. This means__________
that a record must be made when the item is received or when it leaves the care, custody, or control of the fraud examiner. This is best handled by a memorandum of interview with the custodian of the records when the evidence is received.
The memorandum of interview with the custodian should state:
- What items were received
- When they were received
- From whom they were received
- Where they are maintained
If both parties agree, it is possible to obtain evidence by __________
consent
If the evidence is owned by and in the control of the party that requests the investigation
then the investigator is usually able to obtain the
documents as required.
If evidence is held by other parties or in uncontrolled locations
specific legal action is required before attempting to obtain it. This usually takes the form of a subpoena or other order from the court to produce the documents and records (including electronic records).
Evidence is generally either_______
direct or circumstantial
Direct evidence
shows prima facie the facts at issue; it proves the fact directly.
Circumstantial evidence is
that which indirectly shows culpability
Good organisation of evidence in complex cases includes the following:
- Segregating documents by either witness or transaction.
- Making a key document file for easy access to the most relevant documents
- Establish a database early if there is a large amount of information to process
A chronology of events. The purpose is
to establish the chain of events leading to the proof.
if the fraud examiner suspects that significant documents are phony
he should consider consulting with an expert
Expert forensic examinations conducted as a part of a fraud investigation can contribute to its success in several ways:
• Expert examination results can assist in developing and proving the fraud theory: who
did what and when they did it.
• Expert examination results can corroborate or refute statements by witnesses or fraud
suspects.
• Having the results of expert examinations before interviews can provide significant leverage for the examiner during his interviews with fraud suspects, even resulting in admissions of guilt from suspects who are confronted with the factual evidence.
• Forensic handwriting examinations and comparisons can result in the positive identification of the writer or signer of a document. Since writing is a conscious act, the dentification might serve to prove that a particular act is intentional or wilful. Proof of intent is usually necessary to prosecute a wrongdoer successfully.
most examinations (more than 95 percent of all U.S. Federal Bureau of Investigation Laboratory document examinations, for example) concern
signatures, handwriting, hand printing, or
documents created by a typewriter or word processor
the following forensic examinations could be of particular value when a fraud involves documents:
• Detection of forged signatures
• Identification of the writers of signatures, handwriting, and hand printing
• Detecting altered documents
• Detecting and restoring erasures and eradications
• Determining when a document was or was not prepared
• Detecting counterfeited documents and examining printed documents
• Detecting and restoring faint indented writings
• Comparisons of paper and inks
• Determining whether two sheets of paper came from the same tablet or pad of paper
• Examinations of paper folds and sequence of folds
• Comparisons of torn or cut paper edges
• Restoration of charred and partially burned documents
• Identifying the machine that made a photocopy and whether two copies were made on
the same machine
• Examinations of facsimile (fax) copies
• Identifying the source of, or alterations to, notary seals, wax seals, and cachets
• Detecting the opening and resealing of sealed documents and examining adhesives
• Detecting inserted text in typewritten, printed, or handwritten documents
• Determining the sequence of handwritten text, signatures, and typewriting
• Identifying rubber stamp impressions
• Identifying mechanical cheque-writer and numbering device impressions
The examiner should never ______ on the original document other than ______
write or make markings - his unobtrusive initials for identification.
Photocopies and laser-printed documents
should always be stored in
paper folders or envelopes