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DEFINITION OF WHITE COLLAR CRIMES “CRIMES COMMITTED BY A PERSON OF RESPECTABILITY AND HIGH SOCIAL STATUS IN THE COURSE OF HIS OCCUPATION.” (EDWIN H. SUTHERLAND , 1939) FRAUD AND CRIME COMMITTED BY MANAGERIAL AND ADMINISTRATIVE PERSONNEL, PROFESSIONALS AND PUBLIC SERVANTS. (BLACK’S LAW DICTIONARY)

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DEFINITION OF WHITE COLLAR CRIMES

“CRIMES COMMITTED BY A PERSON OF RESPECTABILITY AND HIGH SOCIAL STATUS IN THE COURSE OF HIS OCCUPATION.”

(EDWIN H. SUTHERLAND , 1939)

•FRAUD AND CRIME COMMITTED BY MANAGERIAL AND ADMINISTRATIVE PERSONNEL, PROFESSIONALS AND PUBLIC SERVANTS. (BLACK’S LAW DICTIONARY)

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DEFINITION OF WHITE COLLAR CRIMES

• NONVIOLENT CRIME FOR FINANCIAL GAIN COMMITTED BY MEANS OF DECEPTION BY PERSONS WHOSE OCCUPATIONAL STATUS IS ENTREPRENEURIAL, PROFESSIONAL OR SEMI-PROFESSIONAL AND UTILIZING THEIR SPECIAL OCCUPATIONAL SKILLS AND OPPORTUNITIES; ALSO, NONVIOLENT CRIME FOR FINANCIAL GAIN UTILIZING DECEPTION AND COMMITTED BY ANYONE HAVING SPECIAL TECHNICAL AND PROFESSIONAL KNOWLEDGE OF BUSINESS AND GOVERNMENT, IRRESPECTIVE OF THE PERSON’S OCCUPATION.

(UNITED STATES DEPARTMENT OF JUSTICE)

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DEFINITION OF WHITE COLLAR CRIMES

• FOR SOME PEOPLE IT IS A MISNOMER JUST TO DISTINGUISH IT FROM COMMON OR STREET CRIME

• BLUE COLLAR CRIMES - CRIMES AGAINST HUMAN BODY, PROPERTY, DOCUMENTS OR STATE (MOSTLY INJURY / NO FINANCIAL LOSS TO GOVERNMENT

• WHITE COLLAR CRIMES – CRIMINAL ACTS BY PUBLIC SERVANTS IN AUTHORITY OR EVEN INVOLVED IN COMMERCIAL ORGANIZATION. MOTIVE FINANCIAL GAIN

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TYPES OF WHITE COLLAR CRIMESBANK FRAUDS:

TO ENGAGE IN AN ACT OR PATTERN OF ACTIVITY WHERE THE PURPOSE IS TO DEFRAUD A BANK OF FUNDS.

BRIBERY:

WHEN MONEY, GOODS, SERVICES, INFORMATION OR ANYTHING ELSE OF VALUE IS OFFERED WITH INTENT TO INFLUENCE THE ACTIONS, OPINIONS, OR DECISIONS OF THE TAKER. BOTH THE GIVER AND RECEIVER WILL BE CHARGED FOR THE OFFENCE

COMPUTER FRAUD:

WHERE COMPUTER HACKERS STEAL INFORMATION SOURCES CONTAINED ON COMPUTERS SUCH AS: BANK INFORMATION, CREDIT CARDS, AND PROPRIETARY INFORMATION.

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TYPES OF WHITE COLLAR CRIMESEMBEZZLEMENT:

WHEN A PERSON WHO HAS BEEN ENTRUSTED WITH MONEY OR PROPERTY MISAPPROPRIATES IT FOR HIS OR HER OWN USE AND BENEFIT.

INSIDER TRADING:

WHEN A PERSON USES INSIDE, CONFIDENTIAL, OR ADVANCE INFORMATION TO TRADE IN SHARES OF CORPORATIONS.

INSURANCE FRAUD:

TO ENGAGE IN AN ACT OR PATTERN OF ACTIVITY WHEREIN ONE OBTAINS PROCEEDS FROM AN INSURANCE COMPANY THROUGH DECEPTION.

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TYPES OF WHITE COLLAR CRIMESINVESTMENT SCHEMES:

WHERE AN UNSUSPECTING VICTIM IS CONTACTED BY SOMEONE WHO PROMISES TO PROVIDE A LARGE RETURN ON A SMALL INVESTMENT. KICKBACK:

WHEN A PERSON WHO SELLS AN ITEM PAYS BACK A PORTION OF THE PURCHASE PRICE TO THE BUYER.

MONEY LAUNDERING:

THE INVESTMENT OR TRANSFER OF MONEY FROM BRIBERY, DRUG TRANSACTIONS OR OTHER EMBEZZLEMENT SCHEMES SO THAT IT APPEARS THAT ITS ORIGINAL IS LEGITIMATE.

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TYPES OF WHITE COLLAR CRIMES

SECURITIES FRAUD:

THE ACT OF ARTIFICIALLY INFLATING THE PRICE OF STOCKS BY BROKERS SO THAT BUYERS CAN PURCHASE STOCK ON THE RISE.

TAX EVASION:

WHEN A PERSON COMMITS FRAUD IN FILING OR PAYING TAXES.

ANTITRUST VIOLATIONS:

PRICE FIXING, MONOPOLIES AND CARTEL

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SALIENT FEATURES OF WHITE COLLAR CRIMES

DECEITFUL • ELEMENT OF DECEPTION EXISTS IN EACH WHITE COLLAR CRIME

• BY ACT OF THEIR DECEIT THE CRIMINAL MAKES THE PEOPLE HAND OVER THEIR PROPERTIES, VALUABLE THINGS.

• ( EXAMPLE ALLIANCE MOTORS IN 1980S AND DOUBLE SHAH IN 2000S)

INTENTIONAL• LIKE ALL OTHER CRIMES THEY ARE INTENTIONAL • BUT A DISTINCTION HAS TO BE MADE BETWEEN A CRIME

AND NEGLIGENCE

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SALIENT FEATURES OF WHITE COLLAR CRIMES

•IN SOME CASES REPORTED AS CRIMES TURN OUT TO BE THE RESULT OF NEGLIGENCE BY THE ACCUSED

EXAMPLE: FAILURE TO DETECT A FRAUD BY AN INTERNAL AUDITOR SOMETIMES TAKEN AS AN OFFENCE BY THE EMPLOYER BUT IT AT THE BEST CAN BE CALLED INEFFICIENCY, PROFESSIONAL INCOMPETENCE OR NEGLIGENCE

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SALIENT FEATURES OF WHITE COLLAR CRIMES

BREACH OF TRUST

YOU HAVE TO TRUST YOUR EMPLOYEES, BUSINESS PARTNERS, ASSOCIATES, SUPPLIERS, CUSTOMERS.

YOU HAVE TO ACCEPT CERTAIN FACTS NARRATED BY THEM. SO THESE PEOPLE HAVE THE OPPORTUNITY TO COMMIT FRAUD BETRAYING YOUR TRUST.

MOST OF THE FRAUDS ARE COMMITTED BY THE VERY PEOPLE WHO ARE APPOINTED BY THE EMPLOYER HIMSELF.

THAT IS THE MAIN REASONS WHITE COLLAR CRIMES ARE NOT DETECTED EASILY.

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SALIENT FEATURES OF WHITE COLLAR CRIMES

INVOLVES LOSSES

• MOTIVE OF WHITE COLLAR CRIMES IS TO OBTAIN ILLEGAL PECUNIARY GAINS

• ILLEGAL GAIN OF ONE RESULTS IN LOSS TO OTHER

IT CAN BE CONCEALED

• UNLIKE THE ORDINARY CRIMES WHITE COLLARS CRIMES CAN BE CONCEALED FOR A LONG PERIOD OF TIME

• IT IS ESTIMATED THAT ONLY 10% OF THE WHITE COLLAR CRIMES ARE DETECTED AND REST GO UNDETECTED/ UNREPORTED

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HOW WHITE COLLAR CRIMES DIFFERENT FROM OTHER CRIMES

ABSENCE OF VIOLENCE

•WHITE COLLAR CRIMINALS DO NOT COME WITH GUNS IN THEIR HANDS

•THERE IS NO VIOLENCE OR THREAT OF VIOLENCE

•DECEIT, CRIMINAL BREACH OF TRUST, WITHHOLDING OF IMPORTANT INFORMATION ARE SECRET WEAPONS OF WHITE COLLAR CRIMINALS

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HOW WHITE COLLAR CRIMES DIFFERENT FROM OTHER CRIMES

NO QUICK RESPONSE FROM THE VICTIM AND LEA

•MOST OF THE TIME THE VICTIM REMAINS UNAWARE OF THE CRIME FOR A LONG TIME

•SO IT IS NOT REPORTED TO THE LAW ENFORCEMENT AGENCIES IN TIME

•AS SUCH NO QUICK ACTION AS IN THE CASE OF OTHER CRIMES

•RESULTANTLY MOST OF THE TIME ACCUSED ABSCONDS BEFORE THE FRAUD IS DETECTED AND SOMETIMES EVIDENCE IS ALSO DESTROYED

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HOW WHITE COLLAR CRIMES DIFFERENT FROM OTHER CRIMES

LONG TERMS AFFECTS• WHITE COLLAR CRIMES HAVE LONG TERMS AFFECTS ON THE

BUSINESSES DUE TO MULTIPLYING AFFECTS OF LOSSES

• SOMETIMES IT RESULTS IN THE CLOSURE OF THE BUSINESSES

• UNEMPLOYMENT DUE TO CLOSURE

• LOSS OF BUSINESS DUE TO REPORT OF FRAUDS IN ORGANIZATION

• EMPLOYEES OF SUCH ORGANIZATION ARE STIGMATIZED FOR NO FAULT OF THEIRS AND FIND DIFFICULTIES TO HAVE NEW JOBS

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HOW WHITE COLLAR CRIMES DIFFERENT FROM OTHER CRIMES

COMMITTED BY TRAINED PROFESSIONALS

•THEY USE THEIR EXPERTISE TO COMMIT CRIMES

•CRIMES BEING TECHNICAL NOT ALL THE PEOPLE CAN DETECT THEM

•IF THEY ARE PART OF TOP MANAGEMENT IT IS EVEN MORE DIFFICULT TO DETECT

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HOW WHITE COLLAR CRIMES DIFFERENT FROM OTHER CRIMES

ACCUSED RESPECTABLE PERSONS MOSTLY PART OF THE ORGANIZATION

• MOST OF THE CRIMINALS ARE PART OF THE ORGANIZATION

• SOMETIMES THEY CONNIVE WITH THE OUTSIDERS FOR MONETARY GAINS

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HOW WHITE COLLAR CRIMES DIFFERENT FROM OTHER CRIMES

RARELY DETECTED AND REPORTED•BY ITS NATURE I.E ABSENCE OF VIOLENCE, DECEIT, INTERNAL FACTOR MOST OF THE TIME WHITE COLLAR CRIMES ARE RARELY DETECTED (NO EYE WITNESSES ONLY CIRCUMSTANTIAL EVIDENCE / PAPER TRAIL)

•EVEN IF DETECTED SOME ORGANIZATIONS DO NOT REPORT FRAUDS FOR THE FOLLOWING REASONS:-

• THEY THINK IT WILL DAMAGE THE REPUTATION OF THEIR ORGANIZATION

• GENERALLY THEY ARE INTERESTED TO RECOVER THE LOSSES FROM THE CULPRITS INSTEAD OF REPORTING TO INVESTIGATION AGENCIES

• THEY THINK DISMISSAL FROM SERVICE IS THE SUFFICIENT PUNISHMENT TO THE CULPRIT

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HOW WHITE COLLAR CRIMES DIFFERENT FROM OTHER CRIMES

TO AVOID INTERVIEWS BY THE INVESTIGATORS

TO AVOID LENGTHY COURT PROCEEDINGS

DUE TO FEARS OF ENMITY AND REVENGE

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HOW WHITE COLLAR CRIMES DIFFERENT FROM OTHER CRIMES

INVESTIGATION AND TRIAL TAKE CONSIDERABLE TIME AS COMPARED TO OTHER CRIMES DUE TO:•HUGE NUMBER OF DOCUMENTS INVOLVED SOMETIMES IN THOUSANDS

•MOST OF THE TIME OPINION OF FORENSIC EXPERTS IS TO BE OBTAINED IN RESPECT OF EACH AND EVERY DOCUMENTS

•SOMETIMES THERE ARE A NUMBER OF ACCUSED PERSONS EACH HAVING RIGHT OF DEFENCE IN THE COURT OF LAW LIKE HAVING A LAWYER, CROSS EXAMINATION OF WITNESS ETC

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HOW WHITE COLLAR CRIMES DIFFERENT FROM OTHER CRIMES

•MORE WITNESSES AS COMPARED TO COMMON CRIMES. EACH WITNESS HAS TO BE EXAMINED IN THE COURT AND CROSS EXAMINED BY EACH OF THE ACCUSED THROUGH HIS LAWYER

• TECHNICAL ISSUES CROP UP DURING TRIAL WHICH NEED SOME MORE TIME TO EXPLAIN FROM TIME TO TIME

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ANTI CORRUPTION ORGANIZATIONS AND WHITE COLLAR CRIMES

LEGISLATIVE HISTORY

• INDIAN PENAL CODE 1860 (NOW PPC)

• PREVENTION OF CORRUPTION ACT 1947 (11.3.1947)

• PUBLIC AND REPRESENTATIVE OFFICES DISQUALIFICATION ACT 1949 (PRODA)

• ELECTIVE BODIES (DISQUALIFICATION) ORDER 1959 (EBDO)

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ANTI CORRUPTION ORGANIZATIONS AND WHITE COLLAR CRIMES

• CRIMINAL LAW AMENDMENT ACT 1958

• FIA ACT 1947

• EHTESAB ORDINANCE 1996

• EHTESAB ACT 1997

• NATIONAL ACCOUNTABILITY BUREAU ORDINANCE 1999 ( LATER ON NAO)

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ANTI CORRUPTION ORGANIZATIONS AND WHITE COLLAR CRIMES

•THREE DIFFERENT ANTI CORRUPTION ORGANIZATIONS

•FIA (FEDERAL AFFAIRS)

FIA ACT 1974

•ACE (PROVINCIAL AFFAIRS)

PREVENTION OF CORRUPTION ACT 1947

•NAB (VAST JURISDICTION)

NAO 1999

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NAB ROLE AND PROVISIONS OF NAO

•MOST OF THE OFFENCES UNDER NAO ARE WHITE COLLAR CRIMES

•NAB ACCUSED ARE PROFESSIONALS, SENIOR BUREUCRATS, BANKERS AND PERSONS OF HIGH SOCIAL STATUS

•THEY COMMIT OFFENCES BY USING THEIR PROFESSIONAL ABILITIES AND BY MISUSING THEIR AUTHORITY AND BY ABUSING THEIR STATUS IN SOCIETY.

•OFFENCES UNDER NAO ARE RELATE TO WHITE COLLAR CRIMES

•AS SUCH BASICALLY NAB IS AN INVESTIGATION AGENCY OF WHITE COLLAR CRIMES

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NAB ROLE AND PROVISIONS OF NAO

SPECIAL FEATURE OF NAO•HOLDER OF PUBLIC OFFICE AND ANY OTHER PERSON

•APPLICABLE TO ALL CITIZEN OF PAKISTAN

•WILFUL LOAN DEFAULT

•CONCEPT OF VR / PB REPAYMENT OF BANK LOANS

•FREEZING OF PROPERTY AND RESTRAINING TRANSFER (SECTION 12 AND 23)

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NAB ROLE AND PROVISIONS OF NAO

SPECIAL FEATURE OF NAO

•ARREST THROUGH WARRANTS ISSUED BY CHAIRMAN OR AUTHORIZED OFFICER

•INDEPENDENT OFFICE OF PGA

•TENURE POSTS OF CHAIRMAN, DEPUTY CHAIRMAN AND PGA

•REFERENCE TO BE FILED BY CHAIRMAN OR DG REGIONAL NAB

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NAB ROLE AND PROVISIONS OF NAOSPECIAL FEATURE OF NAO•POWERS OF SECTION 19 – NO BANK SECRECY

•OVERRIDING AFFECT

•MUTUAL LEGAL ASSISTANCE (MLA)

•SECTION 31A

•ACCOUBTABILITY COURTS

•AWARENESS AND PREVENTION•REPORTING OF PUBLIC CONTRACTS

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NAB ROLE AND PROVISIONS OF NAO

• OFFENCES UNDER NAO ARE WHITE COLLAR CRIMES

•SECTION 9(A) (I) (ILLEGAL GRATIFICATION)

•SECTION 9(A) (II) (VALUABLE THING WITHOUT CONSIDERATION OR INADEQUATE CONSIDERATION)

•SECTION 9(A) (III) (ENTRUSMENT OF PROPERTY)

•SECTION 9(A) (IV) (VALUABLE THING BY CORRUPT, DISHONEST MEANS)

•SECTION 9(A) (V) (ASSETS BEYOND KNOWN SOURCES AND LIVING BEYOND MEANS

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NAB ROLE AND PROVISIONS OF NAO• SECTION 9 (A) (VI) (MISUSE OF AUTH)

• SECTION 9(A) (VII) (ISSUANCE OF SRO, DIRECTIVE, POLICY )

• SECTION 9(A) (VIII) (WILFUL LOAN DEFAULT)

• SECTION 9(A) (IX) (CHEATING PUBLIC AT LARGE

• SECTION 9(A) (X) (CRIMINAL BREACH OF TRUST)

• SECTION 9(A) (XI) CRIMINAL BREACH OF TRUST (AS BANKER, MERCHANT,

PUBLIC SERVANT ETC)

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NAB ROLE AND PROVISIONS OF NAO

INVESTIGATION:

SUSPECTS:OPPORTUNITY OF CRIME•THE PERSONS WHO HAVE MORE OPPORTUNITIES OF OFFENCE SHOULD BE THE MOST SUSPECT PERSONS

•LOOK FOR THE PROBABLE BENEFICIARIES OF THE FRAUDULENT TRANSACTIONS

•PERSONS CONNECTED WITH THE MAIN SUSPECT I.E THEIR MANAGERS AND SUBORDINATES

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NAB ROLE AND PROVISIONS OF NAO

COMPLAINTS •PERSONS AGAINST WHOM COMPLAINTS HAVE BEEN CONSTANTLY RECEIVED FROM SENIORS, COLLEAGUES OR GENERAL PEOPLE FOR INEFFICIENCY, LACK OF INTEREST, RUDENESS AND MISTAKES ETC

MISSING DOCUMENTS

•IF SOME IMPORTANT DOCUMENTS RELATING TO THE CASE ARE MISSING THE CUSTODIAN OF THE DOCUMENTS MUST BE ONE OF THE SUSPECTED PERSONS

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NAB ROLE AND PROVISIONS OF NAOUNUSUAL BEHAVIOR

•NO VACATION, NEVER SICK, NO COMPLAINT OF OVERWORK SUDDEN DEVELOPMENT OF HABIT OF DRINKING AND SMOKING

•DEFENSIVENESS, AND UNUSUAL IRRITABILITY

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NAB ROLE AND PROVISIONS OF NAO

EXAMINATION OF SUSPECT / WITNESS

WHY INTERVIEW A SUSPECT/WITNESS•THE BASIS FOR THIS EXERCISE IS TO OBTAIN INFORMATION FOR SPECIFIC INVESTIGATIVE PURPOSE OR INTENDED PROSECUTION ACTION (OR INACTION)

•THE SUSPECT, KNOWS THE DETAILS OF FRAUD. WE HAVE TO EXTRACT THE INFORMATION FROM HIM THROUGH INTERVIEW COLLECTED INFORMATION WILL EXONERATE THE INNOCENT AND IMPLICATE A CRIMINAL

•YOU AS THE INTERVIEWER MUST REMEMBER THAT THE VERACITY OF THE SUSPECT’S VOLUNTARY STATEMENT WILL BE READ, STUDIED, TESTED, AND CORROBORATED WITH THE AVAILABLE EVIDENCE BY COURT OF LAW

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NAB ROLE AND PROVISIONS OF NAO

•TO DETERMINE THE WITNESSES WHO WILL DEPOSE IN THE COURT OF LAW

•REMEMBER THIS, ALWAYS INTERVIEW FIRST, SO AN ACCURATE ASSESSMENT OF ALL THE DETAILS INVOLVED CAN BE EVALUATED ACCORDINGLY

•IMMEDIATE INTERVIEW PREVENTS THE MANIPULATION OF FACTS BY THE CULPRITS INVOLVED AND THEIR SYMPATHIZERS

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NAB ROLE AND PROVISIONS OF NAOPREPARE YOURSELF BEFORE INTERVIEW

•A “MENTAL PICTURE” OF THE EVENTS LEADING TO FRAUD MUST BE FORMED IN THE MIND OF THE INTERVIEWER

•FORMULATE A PLAN OR DIRECTION ON HOW AN INQUIRY IS TO BE CONDUCTED WHICH WILL EVENTUALLY BE PRESENTED TO AN INVESTIGATION AGENCY

•KNOW THE ELEMENTS OF THE OFFENCE FOR EXAMPLE: WHETHER CASH WAS RECEIVED AND NOT RECORDED OR FICTITIOUS EXPENSES RECORDED

•LIST YOUR QUESTIONS FOR EACH PERSON. QUESTIONS SHOULD VARY FROM PERSON TO PERSON AS PER HIS RESPONSIBILITY AND NATURE OF JOB.

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NAB ROLE AND PROVISIONS OF NAO

• DECIDE HOW WILL YOU DOCUMENT THE INFORMATION COLLECTED DURING INTERVIEWS

• WHAT WILL BE THE COMPOSITION OF INTERVIEW TEAM. PREFERABLY MORE THAN ONE PERSONS SHOULD CONDUCT INTERVIEW

• DETERMINE FIRST, WHO WILL ASK THE QUESTIONS AND WHO WILL TAKE THE NOTES AND STATEMENTS

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NAB ROLE AND PROVISIONS OF NAOHOW TO CONDUCT AN INTERVIEW

•A NORMAL CONVERSATION IS CONDUCTED. INTEREST IN THE CONVERSATION (TO INCLUDE QUESTIONS) SHOULD BE GENERAL IN NATURE (E.G FAMILY DETAILS, EXPERIENCE)•THE INTERVIEWER SHOULD BE IN AN INFORMATION GATHERING (NON-ACCUSATORY) MODE •DO NOT BECOME AGGRESSIVE •DEVELOPED A RAPPORT WITH THE PERSON INTERVIEWED•LATER, IN THE INTERVIEW, INVESTIGATIVE AND BEHAVIOR PROVOKING QUESTIONS SHOULD BE ASKED •PRIVACY IS ESSENTIAL. DO NOT INTERVIEW A PERSON IN THE PRESENCE OF OTHERS AS YOUR QUESTIONS WILL BE CONVEYED TO OTHERS•CREATE THE IMPRESSION THAT TIME IS LIMITED •ESTABLISH THE INTERVIEWER’S CREDIBILITY AND OBJECTIVITY

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NAB ROLE AND PROVISIONS OF NAO

•GIVE THE SUSPECTS A CHANCE TO TELL THEIR VERSION OF EVENTS•DO NOT INTERRUPT UNLESS THEY TRY TO DIVERT YOU FROM THE TOPIC•DO NOT DISPUTE THEIR STORY UNLESS THEY COMPLETE THEIR STATEMENTS•RECORD STATEMENTS AND ASK TO READ THEM AND SIGN•DO NOT ASK THEM TO PREPARE THEIR OWN STATEMENT, THE STATEMENT SHOULD BE BASED ON THE INFORMATION WHICH YOU WANT TO KNOW AND NOT ONE THAT THE SUSPECT WANTS TO TELL•TAKE A SHORT BREAK TO READ THE STATEMENT OF SUSPECT / WITNESS•FORMULATE QUESTION FOR CROSS EXAMINATION

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NAB ROLE AND PROVISIONS OF NAO

•CROSS EXAMINE THE SUSPECT / WITNESS.

•IF YOU FIND OUT CONTRADICTIONS IN THE STATEMENT AND CROSS EXAMINATION YOU WILL BE ABLE TO FIND OUT THE CREDIBILITY OF THE PERSON.

•THIS WILL HELP YOU IDENTIFY THE CULPRITS

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GENERAL DIFFICULTIES FACED DURING INVESTIGATION

• ORIGINALS DOCUMENTS ARE NOT AVAILABLE WITH THE COMPLAINANT

• THE EMPLOYEES FROM THE ORGANIZATION WHO ARE PRIVY TO THE OFFENCE ARE RELUCTANT TO TESTIFY DUE TO:

o SYMPATHY WITH THE ACCUSEDo LENGTHY COURT PROCEEDINGSo FEAR OF REVENGE

• THE WITNESSES FROM THE ORGANIZATION NOT ABLE TO EXPLAIN THE CASE DUE TO NON STUDY OF THE CASE BEFORE THEIR STATEMENTS

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GENERAL DIFFICULTIES FACED DURING INVESTIGATION

• THE COMPLETE BIO DATA OF THE ACCUSED PERSONS LIKE THEIR CNIC NOS, LATEST RESIDENTIAL ADDRESSES ETC ARE NOT AVAILABLE ON RECORD. THIS RESULTS IN DIFFICULTIES WHEN EFFORTS TO ARREST THE ABSCONDING ACCUSED PERSONS ARE INITIATED OR TO DIG OUT THEIR ASSETS

• NOW WHITE COLLAR CRIMES ARE NOT LIMITED TO AN SPECIFIC AREA BUT SOMETIMES INVOLVED MORE THAN ONE COUNTRY.

• EXAMPLES MONEY LAUNDERING, KICKBACKS, IMPORT & EXPORT FRAUDS;• UNDOCUMENTED AND PARALLEL ECONOMY• SHORTAGE OF TRAINED INVESTIGATORS IN WHITE COLLAR CRIMES

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GENERAL DIFFICULTIES FACED DURING INVESTIGATION

• DUE TO HUGE WORKLOAD OF THE CASES THE INVESTIGATORS ARE OVERLOADED WHICH EFFECTS THEIR EFFICIENCY

• ENGAGEMENT OF THE INVESTIGATION OFFICERS BEFORE THE COURTS TO ATTEND VARIOUS PROCEEDINGS INCLUDING BAIL AND QUASHMENT WHICH TAKES AN UNUSUAL TIME FOR COMPLETION OF INVESTIGATION

• LACK OF FORENSIC LAB AND HANDWRITING EXPERTS

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GENERAL DIFFICULTIES FACED DURING TRIAL• SINCE TRIAL TAKES CONSIDERABLE TIME TO CONCLUDE, SOMETIMES

ORIGINAL DOCUMENTS ARE NOT PRODUCED AS THEY ARE NOT KEPT IN SAFE CUSTODY BY THE COMPLAINANT

• ELEMENT OF MENS REA VIZ-A-VIZ GOOD FAITH

• LATEST ADDRESSES OF THE WITNESSES WHO LEFT THE JOB ARE NOT AVAILABLE WITH THE COMPLAINANT SO THEY CAN NOT BE CALLED FOR THEIR STATEMENTS BEFORE COURT

• WITNESS LOSE INTEREST AFTER LEAVING THE ORGANIZATION

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GENERAL DIFFICULTIES FACED DURING TRIAL

•COMPLAINANT LOSING INTEREST AFTER RECEIPT OF INSURANCE CLAIM

•WHITE COLLAR CRIMES BEING TECHNICAL DIFFICULT TO EXPLAIN DURING TRIAL

•EVIDENCE FROM FOREIGN COUNTRIES IS DIFFICULT TO BE PRODUCED IN THE COURT

•TRIAL AND APPELLATE COURTS FOLLOW THE SAME PRINCIPLES OF APPRECIATION OF EVIDENCE AS SETTLED IN CASES OF ORDINARY CRIMINAL NATURE

•JUDICIAL OFFICERS ARE NOT PROPERLY TRAINED TO APPRECIATE EVIDENCE OF WHITE COLLAR CRIMES