Planning for Investigation: Risk, Evidence, Ethics, and Legal Matters

Verified

Added on  2022/12/28

|18
|6384
|64
Report
AI Summary
This report provides a comprehensive investigation plan for a fraud case at One National Bank, addressing various critical aspects. It begins by defining investigation and its purposes, emphasizing the importance of a well-structured plan. The report then delves into risk mitigation principles, including reduction or control, transference, risk avoidance, and risk acceptance, considering their application in the context of the case. It further explores evidence handling considerations, focusing on collection, examination of hardware, software, and network evidence, and evidence reporting. Ethical considerations are discussed, emphasizing the importance of investigator integrity and the need to adhere to professional standards. Legal matters are addressed, including relevant laws and regulations. The report also examines strategies to overcome biases like "tunnel vision" and "groupthink" in financial crime investigations. The case study involves employees of One National Bank, Global Computing, and ARIS-IT. The investigation focuses on allegations of undisclosed conflicts of interest, insider information sharing, and potential fraudulent activities involving Granger, Potter, Hamilton, and Weasley. The report emphasizes the need for a systematic approach to ensure a thorough and ethical investigation, including the collection of documents, contracts, and other relevant evidence. The importance of ethical considerations is highlighted, including the need to maintain confidentiality, avoid conflicts of interest, and ensure fairness throughout the investigation.
Document Page
Planning for an investigation
tabler-icon-diamond-filled.svg

Paraphrase This Document

Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Document Page
Contents
INTRODUCTION...........................................................................................................................4
TASK...............................................................................................................................................4
What risk mitigation principle should investigators consider to counter risks to organizations,
individuals and the investigation itself........................................................................................4
What evidence is likely to be available, and what evidence handling considerations must
investigators be aware of?...........................................................................................................7
What ethical considerations need to be thought through?...........................................................8
What legal matters need to be taken into consideration during this investigation?...................10
How can investigators overcome “tunnelvision” and “groupthink”infinancial crime
investigations?...........................................................................................................................12
CONCLUSION..............................................................................................................................15
REFERENCES..............................................................................................................................16
Document Page
INTRODUCTION
Investigation can be defined as searching out and examining the particulars of in order to
learn and understand the facts about something complex or hidden. The primary purpose of a
particular investigation is to explore the allegations in detail. Not only this, they also help the
investigators in examining the evidence in detail (Wittgenstein, 2019). Apart from this, an
investigation report has many purposes, such as it is a document that provides information about
actions that ar4e based on the official findings. It is one of the most significant documents that
helps in determine the cause behind a particular experience.an investigation plan can be
developed in order to carry out the process of investigation in an efficient manner. The plan
comprises of various actions as well as sources of information that are valid, reliable and lawful.
Not only this, they also help in ensuring that the resources are utilized in an efficient manner.
One should identify all the necessary sources that can be used in order to determine the method
of investigation. This report is based on One National Bank. There is an anonymous fraud
reporting hotline that is managed by the organization and has received some information
regarding a situation. The situation is that all the organizations that are involved in the situation,
One National Bank employees, Global Computing as well as ARIS-IT employees are unaware of
all the allegations. The report includes an explanation of the risk mitigation principles that the
investigators should consider in order to counter the risks that organizations face. Apart from
this, there is also a discussion about the various legal matters that need to be thought through in
order to address the situation. There are certain evidences that are likely to be available but there
are certain considerations that should be made and the investigators should be aware of the same.
TASK
What risk mitigation principle should investigators consider to counter risks to organizations,
individuals and the investigation itself.
Risk mitigation is the process or steps taken for minimizing a company's vulnerability to
potential uncertainty. It is a step of risk management, that comprises of identification, analysing
and reducing the impact of risk. It deals with reducing the chances of having losses due to the
occurrence of some uncertain event. Its main aim is to reduce the threats to the organisation and
increase the available opportunities (Broudou, Symons & Symons, 2016). Different principles of
Document Page
risk mitigation that could be consider by investigator in order to counter risk to organisation,
individual and investigator is mention below in detail. It is essential for investigator to different
principles of risk mitigation in order to successfully and effectively deals with the issues. Risk
mitigation can be describe as the practice or action that is significant in order to properly and
accurately manage potential risk. There are different factors or elements that need to be consider
by investigator in order to successfully or accurately manage risk and it will help organisation to
overcome with different issues. Risk mitigation consider as one of the crucial step of risk
management and it will help in identifying risk, analysing it as well as reducing to effectively
conduct required set of practices. Risk mitigation principles are significant for investigator in
order to provide accurate guidance and direction in order to accomplish desired goals and
objective. Different principles of risk mitigation that could be consider by investigator in order to
counter risk to organisation, individual and investigator is mention below in context to One
National Bank in detail –
Reduction or control – This can be describe as the effective principles of risk mitigation
as it assist in reducing or controlling different risk factor. It is essential for investigator to
consider this risk mitigation principle as it will help in successfully and correctly dealing
with the issues along with the assist in reducing the probability of occurrence of risk
factor. Through this investigator will be able to deal with the consequences of unwanted
risk and help in controlling risk factor (Chang, Ellinger & Blackhurst, 2015). By
considering this principle investigator will be able to reduce the occurrence or severity
then implementing controls risk and issues. This assist individual to reduce or control
detected risk and help in controlling unwanted events prior to the consequences occurring
of risk issues. Control will focus on the management or decision making processes and
through this principle of risk mitigated investigator will be able to take correct decision in
order to control risk factors. Reduction and controlling of risk is very crucial as it will
assist investigator to take correct or accurate decision with the motive of overcome risk.
Transference – This principle of mitigation can be describe as the shifting of burden of
risk consequence to other party. Transference is very effective strategy in order to
successfully manage risk and assist in attaining desired goals. Transference principle of
risk mitigation is very effective and helpful for dealing with the issues or problems if
something goes wrong with in organisation. Risk transference occurs in order to shift
tabler-icon-diamond-filled.svg

Paraphrase This Document

Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Document Page
negative impact of risk to third party in order to manage risk (Oliva & et.al. 2017). This
type of risk mitigation can be done with the assistance of insurance policy or penalty
clause in the contract. It is important for organisation to consider transference principle of
risk mitigation so that risk issues can be transferred and company will be able to
overcome with the challenges of risk. This is significant as it consist of a contractual
agreement and help in risk reduction.
Risk Avoidance- Avoidance of risk is a type of strategy the organisation avoids
performing activities that have a risk component associated with it. This methodology
focuses on reducing the weaknesses that can pose threats. It aims in controlling those
events which can have any financial impact or threat, and avoid taking up such events.
The procedure followed by any organisation for avoiding the risk is to firstly assess the
level and impact of risk associated to a particular project, updating the profile of risk on a
regular basis, to evaluate different measures that can be used to reduce the impact of risk,
assessment of the task thoroughly, calculating the benefits that would be earned from the
project in financial terms, compare the benefits with the cost of the project and the risk,
assess the available resources with the company and select the project if there is higher
return in comparison to the risk factor, with the available resources of the organisation. It
does not mean taking corrective actions but evaluating the decisions made in the most
efficient manner with the best available information. This approach helps the organisation
to fight against the unforeseen events and avoiding high risk associated projects. It is a
way to ignore the risk factor from business operational process.
Risk Acceptance- Risk acceptance means the acceptance of the identifying risk and not
applying any of the policies related to the risk which can help the companies to reduce
that risk. As because the company accept the risk and ready to manage their impact and
there possible sequences. Companies accept the risk when that risk turn into the most
economical options so the companies do nothing and just adopt the risk in the
environment. In other words, accepting the risk is the value of the financial risk that a
person or the company can retain easily without facing any particular issue. It is an
awareness strategy for acknowledgement of the possible risk factors. It is an authorised
tool of managing risk in an efficient and appropriate manner. It is an optional procedure
Document Page
among the treatment of risk and communication of risk. Hence, it can be enfolded by
both the options.
What evidence is likely to be available, and what evidence handling considerations must
investigators be aware of?
Evidence handling is an important part of an investigation and has four main areas that are
important to respond to any incident activity. The various evidence handling considerations that
the investigators in case of this incident must be aware of include collection, examination of the
hardware evidence, software and network evidence analysis as well as evidence reporting. The
investigators have to be aware of the appropriate measures through which they can collect
information or evidence. They must always ensure that whole data or evidence is available and
there are no portions of it (Tintle, 2020). This is because it can affect the overall conclusions of
the report. Not only this, it is also important that the investigators should be aware of is to
document the time, place as well as circumstances of each data item that is collected for
evidence.
Hardware proof examination, which has to do with origins, importance, and
visibility of proof, regularly can reveal hidden or obscured statistics and documentation
approximately the evidence. Dimensions, styles, sizes, and producer of tough drives,
other gadgets, or community items are all critical proof items. Software and community
evidence analysis, which is in which the logs/statistics/software evidence is in reality
examined for the incident imparting the importance criteria for inclusion and the
probative value of the proof. Always conduct this software program and network analysis
and interpretation become independent from the hardware evidence exam. Evidence
reporting, it need to be written documentation with the strategies and techniques
mentioned and defined in detail within the reviews. Pertinent information and facts
recovered are the primary keys within the reviews. Understand the documentation and
reports will constantly be reviewed, critiqued, and perhaps even pass-examined.
It is important that the investigators are aware of these considerations because it
helps them in conducting the investigation in an effective manner. As a result, the
outcomes that are obtained are appropriate and can be relied upon (Moortgat, 2020).
Therefore, it can be said that evidence reporting is a very important aspect of
investigation. Therefore, by being aware of these considerations, important decisions can
Document Page
be made regarding the same situations. Therefore, this is an important consideration that
the investigators have to be aware of in all cases. In order to perform an investigation,
there are positive evidences that should be considered and examined in a totally careful
manner. There are many ethical concerns as well that should be taken into account to
ensure that the process is completed in an powerful manner. Without any proper proof, no
allegations can be made because it isn't certain if they may be true or fake.
Some evidence that is likely to be available are the various documents relating to the
situation. Not only this, some contracts can also be available for the investigators to carry out the
investigation in an effective manner. Hamilton and Weasely have been involved in certain
fraudulent activities. Also, people are not unaware of the allegations. Also, Potter has retired and
is living in Fiji.
What ethical considerations need to be thought through?
It is very important that investigator is considering ethics while carry out different types
of practices and task in significant manner. It has been determined that ethical consideration will
lead to have positive impact on overall performance and assist in conducting required set of task
in better and accurate manner. Ethics can be describe as the practices of performing and carry out
practices in correct and accurate manner with the motive of providing no harm to others (Sloman
& et.al., 2019). Ethical consideration needs to be thought through during the whole process of
investigation as it will support in performing required set of activities in correct way. There are
different rules and regulation set by government that should be consider in order to carry out
investigator task and practices in accurate and appropriate manner. Investigation morals are the
arrangement of morals that administer how logical and other examination is performed at
research organizations, for example, colleges, and how it is spread. Morals are comprehensively
the arrangement of rules, composed and unwritten, that administer our assumptions for our own
and others' conduct. Principles of ethical consideration will assist in providing accurate guidance
to investigator so that they can successfully and correctly conduct required set of practices. It
will provide proper direction to deal with different issues and problems that could be faced by
person while carry out practices ethically and morally. Successfully, they set out how we
anticipate that others should carry on, and why. While there is expansive concurrence on some
moral qualities, there is likewise wide minor departure from how precisely these qualities ought
to be deciphered by and by. While these issues are in reality a vital piece of examination morals,
tabler-icon-diamond-filled.svg

Paraphrase This Document

Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Document Page
there are additionally more extensive issues about norms of lead. These remember the
significance of distributing discoveries for a straightforward way, not copying others' work, and
not adulterating work. There are number of ethical consideration which needs to be consider by
investigator in order to attain desired goals and objectives in correct or significant manner.
Different types of ethical consideration that needs to be thought through is mention below –
Honesty and Integrity – This refers that individual is considering correct terms and
practices while carry out different practices. It is one of the crucial factor that needs to be
consider by individual in order to successfully and effectively considering ethical
practices (Burton & et.al., 2017). It implies that investigator need to report investigation
examination truly, and that this applies to investigator strategies which includes what
investigator did, investigation information, investigation outcomes, and whether
investigator have recently distributed any of it. Investigator ought not make up any
information, including extrapolating nonsensically from a portion of investigation
outcomes, or do anything which could be interpreted as attempting to deceive anybody. It
is important that investigator is sharing information with other in completely honest and
accurate manner so that desired outcomes can be attain. This consist of flow of
information and data to other with correct and accurate information and does not consist
of any false information. Integrity is significant for enhancing honesty and
trustworthiness between individuals or different stakeholders of organisation and assist in
carry out practices in accurate or appropriate way.
Objectivity It is crucial that investigator is considering objectivity as ethical
consideration as it will have significant impact on overall flow of process and practices.
Through consideration of objectivity ethics, individual will be able to reduce or overcome
the issues of biasness and provide equal opportunity to others. Investigator should expect
to dodge inclination in any part of investigation examination, including plan, information
investigation, understanding, and friend or peer survey. For instance, investigator ought
to never suggest as a companion analyst somebody investigator know, or who
investigator have worked with, and investigator should attempt to guarantee that no
gatherings are accidentally barred from investigation exploration (Abrams and et.al.,
2019). This additionally implies that investigator need to uncover any close to home or
monetary interests that may influence investigation. Through this proper terms and
Document Page
condition for carry out different task and practices can be explain to others and assist in
disclose of any personal or financial interest which can lead to have impact on
investigation practices or its outcome.
Carefulness – This ethical consideration can be describe as the taking care in doing
investigation practices in correct manner with the motive to evade indiscreet slip-ups.
Carefulness ethical principle is significant in order to avoid careless errors or issues that
can lead to have negative impact on overall performance and practices of the
investigation (Berkowitz & Garrett, 2020). Investigator ought to likewise audit
investigation work cautiously and basically to guarantee that investigation outcomes are
tenable. It is additionally essential to keep full records of investigation examination. On
the off chance that investigator are approached to go about as a friend commentator,
investigator should set aside the effort to do the work successfully and completely.
Carefulness ethical consideration will assist in reducing errors or negligence so that
different practices of the investigation can be correctly or accurately performed.
Openness – It is very important that openness ethical consideration is considered in
order to correctly or accurately perform different practices. This can be describe as the
practices of receptive to others, inclusive as compare to exclusive (Jackiw, Mandil &
Hager, 2015). Investigator ought to consistently be set up to share investigation
information and results, alongside any new devices that investigator have created, when
investigator distribute investigation discoveries, as this assists with facilitating
information and advance science. Investigator ought to likewise be available to analysis
and groundbreaking thoughts. Investigator should regard whatever has been given in
certainty. Investigator ought to likewise follow rules on security of touchy data, for
example, tolerant records. With the consideration of openness in ethical consideration
practices individual will be able to provide right and appropriate information without
hiding any facts or figure form others. This is significant for enhancing transparency and
keeping all facts open to other stakeholders. Therefore, these are some ethical
considerations that are applicable to the given case study of One National Bank.
Document Page
What legal matters need to be taken into consideration during this investigation?
Investigation is considered as search out as well as examine a specific aspects in order to
get outcome that why particular things is happen as well as what is the motive of that. The proper
investigation help a person or legal bodies in understanding the situation as well as take decision
accordingly that who is write as well as who is wrong(Korandaand et. al. 2020). The respective
investigation is based on the initial investigation into the allegation which is offer by the One
National Bank. In respect of this, the investigation activities is responsible for gathering all
authenticate as well as reliable information and evidence. Along with this respective case
investigation also include several laws which is enforce by the local law agency in order to
ensure that whole investigation will be done in best manner. There are several legal matters
which need to be consider while conducting the investigations, from which some main aspects or
factors are mentioned below:-
It is essential for the investigation team to understand the crime or investigation area in
proper manner as well as during this they need to consider the all the legal guidelines.
This will include factors like only investigation team is allow to inter into area and check
it as well as it is also necessary that all the information about the investigation are
gathered and kept in safe hand. It is so because that reduce the chance of any mis-
happening or misusing of information for the wrong activities. In respect of this it is also
essential for the investigator team senior to select those people who follow the rules,
regulations as well as legal guidelines in proper manner.
The legal aspect which need to consider by investigation team during the investigation is
to determine the perpetrator. Perpetrator is considered as the person who is culprit for
conducting any illegal activities at the specific location. According to this, it is necessary
for the investigation team to consider the all the legal guidelines during finding the
perpetrator according to which team will not forcefully consider a person culprit they
must have proper proof(Liangand Wang, 2020). It is so because through proofs the
culprit can get the punishment according to the legal aspects. This will also help in
getting justice by adopting all the legal factors in proper manner.
According to third aspect which need to consider is that it is essential for investigation
team to arrest or apprehend the perpetrator when it get identify. It is so because there are
some culprits are so powerful that they may conduct some contacts and remove all the
tabler-icon-diamond-filled.svg

Paraphrase This Document

Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Document Page
information or evidence about them. This will directly considered as the illegal activity as
well as it also directly or indirectly impact on the investigation work done by the team. In
addition to this, it is also essential that investigation team also not provide any specific
treatment to the perpetrator because according to legal guideline all criminals are
considered as some as well as there is no discrimination is done on the basis of power.
The next legal aspect which need to be considered by the team of investigation is that all
the information related to investigation must be submit in the court so that judge can be
take decision accordingly as well as effectively(Mostafaeipour, Rezayat andRezaei,
2020). In this process it is essential that no member of inside or outside of investigation
team will do any type of activities with proof or evidence. It is generally done by a person
in order to safe or help the culprit from getting punishment of their illegal activities. In
respect of this, it is legal guideline that all the information or proof are with the senior
authority as well as how is the loyal person.
It is also legal aspect that the investigator must conduct the cross check the information
as according to that they must ensure that all the evidence are match with the
investigation area. In respect of bank, investigation team as well as bank senior
authorities need to conduct meeting with all the information or evidences so that they can
match the scene with the proofs. Along with this it will also help in understanding the
situation as well as ensuring that the case is getting solve and the investigation is properly
by attaining the desire goal. In addition to this, it will also ensure that all the legal work
are done in proper manner by considering all the legal aspects properly and effectively.
In addition to this, it is also considered as the legal aspect which need to consider is that
all the information are kept in confidential manner so that no one can misuse the
information or evidence for the illegal activities. It is essential to consider because by its
investigation team able to ensure that all the culprit get punish as well as the case will be
solve properly and effectively(Al-Dhaafri andAlosani, 2020). In addition to this, it is also
legal guideline that the all the personal as well as private information about the
investigation related person must be confidential so that all can be safe from any time of
mis happening. This will include person of investigation team as well as on which
investigation is done.
Document Page
How can investigators overcome “tunnelvision” and “groupthink”infinancial crime
investigations?
These are some of the main legal aspects which need to be considered by the investigation team
when they are conducting investigation of the specific case or situation. It is so because that will
help the investigation team to attain their desire outcome by understanding the situation properly.
Moreover it also help in taking decision as well as punishing the criminal or culprit successfully.
In addition to this, by adopting above mentioned legal aspects One National Bank also able to
ensure that they are able to solve the issues as investigation team are following all the legal as
well as essential aspects for conducting investigation work properly. Along with this, it also help
in taking decision according to the outcome so that again the same issues will not occur.
Tunnel vision is known as single minded concept within financial crime. This focuses upon
investigation or the prosecution theory. There is need to develop theory for unreasonably
managing evaluation of information that is received. Individual has to conduct the response for
managing different information. Tunnel vision is the concept that is involved within managing
response to several data. Management has to ensure that attorney is receiving considerable
judicial conviction. It is relevant for the counsel to manage all processes firmly. Prosecutor has
to manage strength for developing the scenario of weakness or losing. Functions are matter of
great concern and they are characterised properly for impartial and fairness decisions. Tunnel
vision is known as the term which is used for narrow focus and determination. There is need to
have intense focus on the factors which are associated with inevitably blocking the site. It is easy
for managing vision without the realisation. This is done every time and perfect management is
done accordingly. There are different situations within tunnel vision which are detrimental.
There are several financial projects which need to have procedure of effective processing.
Financial crime is known as the scenario which has increased over the last decade and it has been
working in efficient manner for increasing the criteria of government. The main concern is with
issues that are related to the issues of financial crime and these vary in different context. There is
recognition of managing different economic conditions and developing strategies that will help
to plan the project. There is need to manage different group members of finance team who have
to create solutions for the different financial elements. There different type of financial crime
chevron_up_icon
1 out of 18
circle_padding
hide_on_mobile
zoom_out_icon
[object Object]