Incident Investigatons Flashcards
What are incident investigations precipitated by?
An event occurring or a complaint made by someone concerning the alleged conduct of another
The activities in an incident investigation are governed by what?
Industry practices
Statutory rules and regulations
Common law
In claims investigations: All serious, significant and/or sensitive claim investigations should be handed through what?
Personal contact
In claims investigations: The scope of these investigations will be determined by what?
The nature and extent of the claim
In claims investigations: Certain information should be obtained such as: 1) 2) 3) 4) 5) 6) 7) 8)
1) Notice of claim by the reporting party
2) Coverage information
3) Statements
4) Official agency reports
5) Newspaper & periodiccals
6) Reports from experts
7) Visual aids
8) Documentary evidence
In claims investigations: Coverage information includes what?
ID of vehicles, premise, product, and value of item covered under the claim
In claims investigations: Statments should be gathered from whom?
1) Material witnesses
2) Claimants
3) Independent witnesses (ie insurance producer, claims adjuster, appraiser)
In claims investigations: What are examples of official agency reports?
Police, rescue, hospital, fire dept, weather
In claims investigations: Reports from experts include what?
Appraisers, physicians, laboratory analysis, and forensic analysis
In claims investigations: Documentary evidence includes what?
Deeds, mortgages, leases, contracts, liens, and other claims
If interviews are designed in a statement fashion, there are 2 types of statements:
1)
2)
1) Narrative
2) Question & Answer
Any recordings, notes, or other documentation should be:
maintained
Compliance investigations are relating to the determination of ensuring that the organization and its employees have been complied with what?
All laws, regulations, and policies
What are eight of the types of compliance investigations?
1) Equal employment opportunity
2) harassment
3) Workplace safety
4) Confidential and proprietary information
5) Conflict of interest
6) Antitrust violations
7) Security requirements
8) Regulatory violations
What is a sudden, violent and noisy eruption, outburst or discharge of material acting upon a force such as fire, shock, or electrical charge which causes the material, either solid or liquid, to convert into a gaseous state advisedly expand or burst?
An explosion
What are the three basic rates of explosion?
1) Flash fire
2) Explosion
3) Detonation
An immediate reaction in which it’s fuel is consumed upon ignition
Flash fire
A sudden outburst or discharge of material upon force or other material
Explosion
Strong shockwave set up by a primary and secondary high explosive
Detonation
Multiple or compound explosions
Detonations
Where do flash fires usually occur?
In the open
What occurs if a flash fire happens within the confines of a building?
An explosion occurs
What are the three basic types of explosions?
1) Mechanical
2) Chemical
3) Nuclear
What kind of explosion is this? Steam building up in a boiler with a defective safety device causes asudden rupture and explosion
Mechanical
What kind of explosion is this? It results from an extremely rapid conversion of a solid or liquid explosive compound into gases
Chemical
What kind of explosion is this? An explosion is accomplished when the nucleus of an atom is split releasing tremendous energy
Nuclear
What are the two general types of substances having detonation capabilities?
Low explosives and high explosives
Examples would be black powder, smokeless powder, and nitrocellulose
Low explosives
Examples would be nitroglycerin, dynamite, nitro starch, TNT, picric acid, Mercury fulminate, tetryl, lead azide nitromannite
High explosives
A sudden bursting inward
Implosion
A sudden bursting outward
Explosion
What are the five key motives of the crime of arson?
1) Economic gain
2) Personal satisfaction
3) Sabotage
4) Pyromania
5) Diversionary tactic to conceal the commission of other crimes
What kind of fire should be investigated?
Every fire, regardless of size
Who investigates fires for determining cause and origin and responsibility? 1) 2) 3) 4) 5)
1) Fire Dept
2) Local police
3) Federal agencies (ie ATF, FBI)
4) Insurance representatives
5) Private organizations
A willful act designed to hinder or extract the purposes for which an organization operates
Sabotage
What are six motives for sabotage?
1) Disgruntled employee
2) Union conflict
3) Dissatisfied outside contractor
4) Organized crime element
5) Foreign manipulation
6) Rioting
Is it easy or difficult to identify and prove acts of sabotage?
Difficult
If sabotage is strongly suspected, what two following actions should be taken?
1) Notify law-enforcement
2) Preserve evidence
Why is arson generally an effective type of sabotage?
It tends to destroy evidence because evidence is consumed in the fire itself
What kind of program will do much to prevent internal theft?
An effective loss control program
What are the five key elements in an effective loss control program?
1) Carefully designed to safeguard measures and preventative aids
2) Prompt reporting of missing items
3) Taking of immediate steps towards apprehension and recovery
4) Prosecution
5) Remedial action
What are five commonly recognized key vulnerable areas of theft?
1) Shipping and receiving
2) Warehouses and other storage areas
3) Stockrooms
4) Tool storage
5) Parking lots
When conducting a theft investigation, complete descriptions of missing items should include what three things?
1) Serial, model, and other identifying numbers
2) Distinctive marks
3) Monetary value
Put the steps in order for the emergency first phase of an accident:
?) Locate and safeguard physical evidence
?) Care for the injured
?) Locate drivers and possible witnesses
?) Get any fire or other hazards under control
?) Determine any existing traffic hazards
1) Care for the injured
2) Get any fire or other hazards under control
3) Locate drivers and possible witnesses
4) Determine any existing traffic hazard
5) Locate and safeguard physical evidence
After the emergency phases under control, determine condition of drivers and conduct interviews regarding what?
Licensing, registration, and their explanations what happened
After emergency phase is under control, gather evidence for identifying what?
Any hit-and-run vehicles
After emergency phase is under control, interview what?
Other witnesses
After emergency phase is under control, Determine and report position and condition of what?
Vehicles involved
After emergency phase is under control, Take photographs of what?
Vehicles and debris at the scene
After emergency phase is under control, Determine and report were injured persons and damage vehicles were what?
Taken
After emergency phase is under control, Determine _____, _____, and _____ at time of the accident
Weather, visibility, and road surface conditions
After emergency phase is under control, Determine how, if any, actions of drivers what?
Contributed to the accident
What are the three types of measurements and maps important in accident investigations?
1) Urgent measurements to locate things at the scene
2) Measurements of location to make scale maps and diagrams
3) Drawing a map from the measurements made in locating on it objects or marks at the scene
When possible, who should written statement be taken from?
All witnesses and drivers
What are the six things it is important to show in photographs of an accident scene?
1) Position of vehicles at time of accident
2) Damage
3) Angles of collision
4) Marks on road
5) Packs of vehicles before, during and after collision
6) Overall condition of scene as viewed by driver
When is the reconstruction of an accident usually necessary?
When the cause of an accident cannot be satisfactorily determined by available evidence
This is the placement of an operative in the situation in which the parties do not know the operatives true identity or purpose
Undercover investigations
What is the intent of undercover investigations?
To develop information for prosecution (either civil or criminal) for recovery, or limitation of asset losses
In undercover investigations, What should be obtained?
Evidence of the past act or future crime
In undercover investigations of asset diversions, What should be identified?
Persons engaged, methods used, and/or the destination of decorative materials
In undercover investigations, What should be identified?
Parties involved in the activity
In undercover investigations, establish that certain employees what?
Engaged in activities for which disciplinary action can be taken
Undercover investigations: problems with injury
Employees may react violently to prevent discovery
Undercover investigations: problems with Exposure
Employee morale, customer/supplier relationships, labor availability, distribution of goods may suffer
Undercover investigations: problems with Unfair labor practices
Interference, restraint or coercion of employees in the exercise of the collective bargaining rights
Undercover investigations: problems with Civil actions for damage
The accuser my show in intrusion at the time and place where there was an expectation of privacy, or public disclosure of private facts
Undercover investigations: problems with Civil Actions for Damage. Investigative techniques must stop short of what?
Any actual invasion of privacy
Undercover investigations: problems with new bargaining issue
Disciplinary action might cause a grievance and an allegation that the investigation was a contractual violation
Investigator must not be known to whom?
The target population
The investigator must be what kind of fit in the assignment?
A logical fit
The investigator must know what six things?
1) The identity of the control person
2) Means of contact with the control person
3) Actions forbidden
4) The general purpose of the assignment
5) Cover story
6) Work environment
What does the cover story explain?
Qualifications of the job, how they got the job, and their past life
What is provided to support the cover?
Routine documents
What should not be carried by the undercover operative?
Any document of actual identity
The method to place the undercover operative in the undercover assignment
Placement technique
The job must cover what?
The area involved
The job must have few what?
Controls
The job must allow the operative to appear what?
Ordinary
What kind of job should be avoided?
The “tailor-made job”
What are the two essentials in the control scheme?
1) A control person
2) a control plan
What does the control person do?
Provides instructions, evaluates reports, and redirects the efforts as needed
In addition the control person, there should also be what?
An alternate to the control person who possesses the same information as the control person
Who does the control plan includes?
Control person(s) authorized to contact the operative
What does the control plan include regarding communication?
The means and frequency of communication contact
What contingencies does the control plan includes?
Illness of the undercover operative, injury to the undercover operative, investigation is compromise
What are the support resources in the control plan?
Surveillance
The control plan includes relations to what?
Law-enforcement
What is the final part of the control plan?
Termination of the investigation
What is the rule regarding undercover investigation’s use of telephones?
Telephones must be answered whenever called
Who is normal contact made by?
The operative
In undercover investigations, how often must communications be made?
Daily
What are the three rules regarding “drops”?
1) Must be reasonably accessible
2) Not likely to be disturbed
3) Where material will not be affected by the weather
It’s criminal charges are secondary in importance, it may be better to proceed how?
Without law enforcement
Once law-enforcement has been invited to participate in the investigation, what requirements apply?
Due process
If a private undercover operative knows that he or she may be subject to committing illegal acts or engaging in a conspiracy to commit illegal acts, what should be done?
Law-enforcement authorities should be contacted or consulted
The undercover operative _________ from within the employers organization
Should not come
Who should be informed or involved of the undercover operation?
Only those essential to the plan
Within the organization, how often should routine briefings be conducted?
Never
What other management personnel are required, these individuals should be informed of the investigation on what kind of basis?
A selected basis only
What three things need to be considered when planning the termination of an investigation?
1) If the investigation will ever be disclosed
2) How to withdraw the undercover operative without creating questions
3) How to use the results without exposing the undercover operative and/or the investigation
If the investigation is compromised, the three objectives are:
1) Withdraw the undercover operative immediately and safely
2) Salvage as much from the investigation as possible
3) Prepare explanation, defenses, or positions needed to offer if necessary
If compromised, the true identity of the undercover operative _______ revealed
Must not be
The investigation is compromised, how should the investigation be terminated?
Discontinue the investigative activity and wait for (or create) an opportunity for a natural withdrawal from the undercover investigation
Who should prepare the reportings of all useful information developed during the course of the undercover investigation?
The control person
What should be conducted to determine issues relating to the investigation?
Analysis
What are the costs associated with undercover investigations?
The wage paid to the undercover operative, payroll taxes, and the fee paid to the undercover operative and/or his/her agency
What is the reason for the daily reporting and information control of an undercover investigation?
Expenses
When should undercover investigations be used?
When there is no alternative methods available
What legal aspects should be reviewed regarding an undercover operative?
Licensing and requirements
