CA Gopal Singh Negi
Fraud Examination & Investigation is very niche area of working for Professional. Every case pose new challenges, thrill & knowledge update. Fraud Examination & Investigation is chor -police game. With emerging technology fraudster are getting smarter day by day. It requires daily updation.
As per latest report of ACFE (Association of Certified Fraud Examiner) Report to Nation 2016 as under:
5% of Turnover is big loss to any Organisation and Country as well. Fraud Examiner & Investigator are appointed to Prevent and detect these losses to lower level. Fraud Examiner & Investigator use different technique to unearth fraud. (In this article we will be focusing on Legal part). Important technique is Interview. It’s called Core of Fraud Examination.
In India, recently many banks have come out with professional Opportunities for Practicing CA. Like PNB/ SBBJ, SBI empanelment, SFIO Empanelment. Therefore it’s important to know legal aspect and do & Don’ts.
Fraud examination might lead to legal action; therefore its necessary for professional conducting examination should be aware with basic right & freedom provided by constitution and International convention like ICCPR (International Covenant on Civil & political Rights)
Being aware of Right Fraud examiner need to start his / her investigation. Most important part is home work for case in hand. It will make suspect difficult to say no.
Big aspect need to take care in Interview is: FALSE imprisonment.
False imprisonment refers to unlawful restraint by one person of physical liberty of another without consent or legal justification.
Plaintiff need to prove all of following:-
There no such define rule as to when a false imprisonment occurs, but factors such as length and manner of interview might determine whether liability arises.
Other factors used to determine if an individual has been falsely imprisoned include: –
Conclusion: Fraud Examination & investigation is prime & growing area for professional opportunities which require taking care legal points and constitutional / International right provide to human. Prime reason is accused can retaliate and file cases for defamation under section 499 of IPC. Many FBI agent facing cases against them.
(In case of any query and suggestion, please feel free to write at firstname.lastname@example.org)