Company Fraud Investigation Flashcards
Company Deception - Category A
Large-scale thefts / dishonesty offences against employers by employees
(eg accountants/managers who use their position in the company to manipulate financial systems)
Company Deception - Category B
People outside financial institutions obtaining money by deception against financial institutions eg False GST return to IRD
Company Deception - Category C
Commercial deception committed against the public by people who, either as individuals or through the guise of a company, entice people to invest money.
Company Deception - Category D
Dishonesty offences committed by professional people in a position of trust eg.
solicitors and accountants, against their clients.
Investigation of Category A and B offences
- obtain documentary evidence of offending from complainant
- trace the suspect’s actions
- establish where the money went
- execute PO or SW on the suspect’s bank accounts and home to seize evidence
- interview the suspect
Investigation of Category C offences
- confirm company office details through a company search
- interview victims to determine the false representations and inducements made
• ID details of the suspect company’s bank - execute PO or SW on the suspect’s bank accounts and premises to have evidential material produced or seized
- interview the suspect.
Investigation of Category D offences
- put together the paper trail
- gather documentary exhibits
- interview appropriate clients
- prepare and execute PO or SW
- interview the suspect
Resources - types of potential assistance
- Police accountants / legal officers
- MBIE
- Commerce Commission
- Financial Markets
- NZ Customs
- Liquidators and receivers
WHAT ARE 4 POSSIBLE SOURCES FROM THE MINISTRY OF BUSINESS?
- Registrar of Companies
- Companies Office
- Official Assignee
- Insolvency Services
CRIMINAL LIABILITY OF A COMPANY
When a senior executive of the company, acting on behalf of the company, commits an offence the company is criminally liable.
