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Modules > Investigating deception offences > Flashcards

Investigating deception offences Flashcards

1
Q

Cheque and credit card offences usually relate to one of these:

A
  • Stolen cheques or cards
  • Counterfeit cards
  • Using a document
  • Dishonoured cheques
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2
Q

What is meant by “stolen cheques or cards”

A

These are usually taken as part of a theft or burglary and are subsequently used to obtain property and services. The aim of the investigation is to identify the offenders and recover the property, cheques and cards.

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3
Q

What is meant by “counterfeit cards”?

A

Where a persons genuine details are stolen via an ATM skimming operation, EFTPOS terminal compromise or internet data compromise, and those details are then used to obtain goods or cash via a counterfeit card.

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4
Q

What is meant by “Using a document”

A

Fraudulent cheque accounts or cards, where the account is opened specifically to commit offences, usually with false identification. The aim of the investigation is to identify the offenders and recover the property, cheques and cards.

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5
Q

What is meant by “Dishonoured cheques”?

A

Dishonoured cheques written by ‘genuine’ account holders who exceed their authority. In these cases, identity is not an issue and the main purpose of the investigation is to establish intent to obtain or cause loss by deception. Cheque offending is now a very small proportion of overall deception and is diminishing all the time.

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6
Q

When interviewing the informant / complainant when investigating deception offences what must you obtain?

A
  • Find out the identity used by the offender
  • Obtain descriptions of the offender, the property obtained and the vehicle used.
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7
Q

When speaking to the accounts manager at the bank where the account is located, what must you find out when investigating deception offences?

A
  • DETAILS
  • Date OPENED
  • Date MISSING
  • Initial REPORT
  • Account HISTORY
  • SERIAL. numbers
  • Any OTHER information
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8
Q

When a bank account has been opened with fictitious details, what must you find out when investigating deception offences?

A
  • Account NUMBER
  • Account creator DETAILS
  • Details of ALL deposits
  • Employee details (who opened the account and who can identify)
  • Serial numbers
  • Details of the dishonoured cheques
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9
Q

What must you obtain from bank documents with investigating deception offences?

A

Obtain a sample of the suspects handwriting

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10
Q

When cheques are dishonoured through lack of funds, interview the account holder and obtain a statement that includes:

A
  • The suspects particulars
  • The date the account was opened
  • The nature and amount of first deposit
  • Any arrangements for regular deposits
  • Any overdraft arrangement
  • General operating of the account
  • The state the account was in
  • Whether the suspect was aware of the state of the account
  • Details of dishonoured cheques
  • The amount of any savings in other accounts
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11
Q

What are the 7 steps related to interviewing for investigating deception offences?

A
  • Interview the informant / complainant
  • Contact the accounts manager at the bank
  • Determine details about fictitious bank details
  • Obtain a sample of the suspects handwriting
  • Interview the account holder
  • Contact other police stations and fraud squads
  • Find out whether the offender was photographed / captured on CCTV.
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12
Q

What are the three steps related to “Ongoing enquiries” and investigating deception offences?

A
  • Liaise with the investigations officer
  • Handle documents as little as possible
  • Inform colleagues and the Fraud squad.
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13
Q

What should you arrange with the investigations officer (at the bank) in relation to “ongoing enquiries”?

A
  • To be advised of further dishonoured cheques
  • For the original cheques to be forwarded to you. If policy is to return them to the complainant - obtain the complainants details so they can be contacted to forward the cheque.
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14
Q

To ensure that the document is handled as little as possible, do not:

A
  • Punch, fold or crease them
  • Use staples, pins or sellotape
  • Make impressions on them when writing minutes on the file
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15
Q

What are the steps for locating the offender?

A
  • Check relevant addresses
  • Follow obvious information (rego, phone numbers etc)
  • Issue a bulletin board message, consider possible avenues of disposal, implement an early warning system
  • Consider early fingerprinting of cheques / vouchers
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16
Q

What steps should be followed for arrest?

A
  • When apprehending the suspect, recover evidence
  • Interview the suspect and obtain an explanation
  • Obtain a statement and handwriting sample
  • Issue an offender report and conduct enquiries to check their explanation
17
Q

What must you find out from a suspect?

A
  • their knowledge of the state of the account
  • their expectation of funds
  • Overdraft arrangement, if any
18
Q

What evidence is available?

A

credit cards, compromised EFTPOS terminals, equipment used for altering and interfering with electronic devices, anything capable of storing electronic data, cheque books, pens and property obtained

19
Q

What are the steps for preparing the prosecution?

A
  • Obtain supervisors authority to prosecute
  • Remember the number and nature of the charges will depend on the circumstances of each case
  • Prepare the file
  • Prepare a blanket charge if the suspect intends to plead guilty or it is difficult to specify individual dates for a series of offences.
20
Q

What are the four categories of offending in relation to “company fraud” ?

A

A: Large scale thefts / dishonesty offences against employers by employees
B: Dishonesty offences committed against financial institutions by people outside the institution
C: Commercial fraud committed against the public
D: Dishonesty offences committed by professional people in a position of trust

21
Q

For a cat A offence the identity of the suspect is usually known and the purpose of the investigation is to prove the offending by:

A
  • obtaining documentary evidence
  • Tracing the suspects actions
  • Establishing where the money went
  • Executing production orders or search warrants
  • Interviewing the suspect
22
Q

For a Cat B offence, the offender may be:

A
  • An employee who covers misappropriation of money
  • the operator of the business

The investigation takes the same course as a Cat A offence.

23
Q

For a Cat C offence, the identity of the suspect company and its principals is often known, and the purpose of the investigation is to prove the offending by:

A
  • Confirming company officer details
  • Interviewing victims
  • Identifying the details of the suspect companys bank
  • Executing production orders or search warrants
  • Interviewing the suspect
24
Q

For a Cat D offence the identity of the suspect is known and a professional body may have already have carried out an enquiry. The purpose of the investigation is to prove offending by:

A
  • Putting together the paper trail
  • Gathering documentary exhibits
  • Interviewing appropriate clients
  • Preparing and executing production orders/SW
  • Interviewing the suspect
  • Preparing the case in such a way that it can be understood by counsel and juries.
25
Q

When must the Serious Fraud Office be notified?

A

When:
- Actual or potential loss in excess of 2 million
- Fraud complaints of great complexity (E.g. international financial transactions, computer manipulations)
- Any fraud complaint of great concern (e.g. involving a public figure)

26
Q

What is the process of notification to the Serious Fraud Office?

A

Notifications must be made by Police employees who have been authorised to notify the SFO by the District Commander. Where possible, this initial notification should be done via phone to ascertain whether it is necessary to forward the file and then where it is appropriate to send the file.

27
Q

Who carries out the investigation when the SFO is notified?

A

Police and the office must try to reach an agreement over which agency should carry out the investigation.

28
Q

If the SFO wishes to carry out an arrest what must happen?

A

Serious Fraud Office investigators do not have the power of arrest. Consequently there are occasions where Police will be asked to arrest a suspect.

29
Q

What is the process for an arrest without warrant on behalf of the SFO?

A

The SFO must provide the CIB officer a written report that outlines the sufficient level of evidence necessary and must justify the rationale for arrest.
The CIB member must be satisfied that appropriate grounds exist for arrest.
The SFO prepares and files the hard copy charging document for each offence.

30
Q

Following arrest on behalf of the SFO, what is the proceedure

A

Police wil:
- fingerprint
- Custody process (inc. arrest on behalf of SFO)
- Enter the file in NIA
- Create ID if none exist
- Attach documents provided by SFO
- File closed as “reported”
- Provide the SFO with the PRN.

Unless the SFO requests bail, the defendant must be held until the next hearing.

31
Q

Who is responsible for court documentation if an arrest is made on behalf of an SFO ?

A

The SFO is responsible for filing all charging documents prior to the first appearance.

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