Policy Flashcards
What is identity theft?
Where a person takes the personal information of another person and pretends to be them
What is insurance fraud?
Where a person dishonestly tries to obtain a benefit from their insurance policy that they are not entitled to
What offences are often involved in identity theft?
- Using a document
- OBD
- Forgery
- Accessing a Computer for a dishonest purpose
What offences are often involved in insurance fraud?
- Using a document
- OBD
- Forgery
What offence is often associated with credit card offences?
- Using a document
How do credit card offences often arise?
Commonly they arise from data breaches and purchases online. However offline offending can occur with stolen cards and counterfeit cards
What are the four principal ways that company fraud can occur and briefly discuss them? (Important)
- Employee fraud: Large scale thefts and dishonesty offending by employees against employers
- External fraud: Dishonesty fraud committed against companies from people outside the company
- Commercial deception: This is committed against the public
- Abuse of trust: Dishonesty offending by persons in positions of trust against their clients
What are the common offences that occur during company fraud?
- Using a document
- OBD
- Theft by a person in a special relationship
What are the aggravating factors that may lead to a case being assigned to a CIB specialist team or external agency?
- Multiple linked offences indicating the involvement of an organised crime group
- Highly complex modus operandi
- The victim is a local body or central government agency
- Suspect is a public figure
- Offending falls with the remit of another agency
What information can you consider obtaining from banks via a production order? (Important - 6 items)
- Account statements and transaction records
- Application forms
- Application supporting docs
- Credit/debit card records
- International transaction records
- Insurance docs
- Diary/customer notes
- CCTV/video/image records
- safe deposit facility details
- Mobile/internet banking details
List places you should check for laundered assets?
- Banks
- Land Info New Zealand
- Bonus Bonds
- TAB/casinos
- Debt collectors
- WINZ
- NIA vehicle search
- Companies office
- Local council and utilities
When there are multiple dishonest offences, what should you consider?
Representative charges
How should you consider submitting documents in evidence for dishonest offences?
Under hearsay rules and without calling the associated witnesses
What is a money mule?
Someone who is wittingly or unwittingly moving proceeds of crime through their personal accounts on behalf of offenders
What can the Financial Intelligence Unit provide you access to?
Databases which contain various reports including:
- Suspicious transactions reports: Submitted when a financial institution suspects and offence
- Boarder cash report: Where over $10,000 is declared at customs
- Prescribed Transaction Reports: Funds transfers over $1,000 and cash transfers over $10,000
What are some resources which will be able to assist Police in deception investigations? (Important)
- Police accountants and legal officers
- MBIE
- Commerce Commission
- Financial Markets Authority
- NZ Customs
- Liquidators and Receivers
What information can MBIE provide police? (Important)
- Register of Companies
- Companies Office
- Official Assignee
- Insolvency Services
The Serious Fraud Office (SFO) investigates serious and complex fraud. What fraud matters should be referred to them?
- Bribery and corruption
- Loss in excess of $200,000
- Fraud where the facts, law or evidence is of great complexity
- Fraud of great interest or concern
Who’s approval is needed to refer a investigation to the SFO?
District Commander’s
Do SFO have arrest powers? (Important)
No
Before Police arrest on behalf of SFO, what must SFO provide?
- A report outlining sufficient evidence to justify the arrest. This must justify arresting over summons and be reviewed by a CIB officer who must be satisfied with the rounds given.
- A WTA
After arresting someone on behalf of the SFO, what procedures must be carried out?
- Fingerprint/photograph the defendant
- On the charge sheet endorse it with “Arrest on behalf of Serious Fraud Office”
- Enter case in NIA as a 2Z
- Link suspect in NIA and create a profile if necessary
- Attach written report outlining evidence to the case
- Close the file as “reported”
Can Police represent the SFO in court?
No