Tuesday, June 21, 2016

Benefit fraud cases: types of evidence in law

Types of evidence in law in Benefit fraud cases:

best evidence rule
In benefit fraud cases, the fraud examiner will usually obtain a great types of evidence in law when conducting fraud investigations. It is critical that the fraud examiner understand the relevance of this types of evidence in law and how it should be preserved and presented.
Fraud examiner jobs should always keep in mind what is evidence in law can either help or hurt a case, depending on which ones are presented and how they are presented as a best evidence rule. They should strive to make certain that all relevant documents and types of evidence in law are included and that all irrelevant documents are eliminated.
Many Fraud examiner jobs pay too much attention to documents as types of evidence in law. It is easy to get bogged down in detail when examining records and to lose sight of a simple fact: Documents do not make cases; witnesses make cases. The documents and best evidence rule make or break the witness. So-called paper cases often confuse and bore a jury.
Basic procedures in handling types of evidence in law are required for it to be accepted, or given much weight, by the court to become best evidence rule. Generally, proof must be provided that the types of evidence in law is relevant, material, and authentic.
The relevance of documents cannot be easily determined early in a case. For that reason, all possible relevant documents should be obtained. If they are not needed, they can always be returned. Here are a few general rules regarding the collection of types of evidence in law
  • Obtain original best evidence rule where feasible. Make working copies for review, and keep the originals segregated;
  • Do not touch originals types of evidence in law any more than necessary; they might later have to undergo forensic analysis;
  • Maintain a best evidence rule and a good filing system for the documents. This is especially critical when large numbers of documents are obtained. Losing a key of types of evidence in law is very problematic, and can damage the case. Documents can be stamped sequentially for easy reference.


Obtaining what is evidence in law:

Documentary types of evidence in law may be obtained in a number of ways. It is possible to obtain evidence by consent, if both parties agree. This is the preferred method and best evidence rule. In some cases, consent can be oral, but when information is obtained from possible adverse witnesses, or the target of the examination, it is recommended that the consent must be in writing to be one of types of evidence in law. In many cases, however, the fraud examiner jobs will not wish to alert the suspect to his intentions and other routes must be taken. Types of evidence in law is owned by and in the control of the party that requests the information (e.g., documents in an employee’s desk drawers at the office), then the investigator is usually able to obtain the best evidence rule as required.
Additionally, to understand what is evidence in law, certain kind of records can be obtained as types of evidence in law by consent only if the subject of the records consents in writing. Accessing a subject’s bank records from financial institutions, for instance, generally requires written consent. If no consent is given and types of evidence in law is held by other parties or in uncontrolled locations, specific legal action might be required. Most often, the legal process used takes the form of a subpoena or other court order to produce the documents and records (including electronic records). Other forms of court orders can be used to obtain some types of evidence in law like witness evidence and statements.
Under no circumstances should the investigator attempt to obtain the best evidence rule by other means, as this can lead to charges of theft, trespass, and other sanctions.

Types of evidence in law:

There are two basic types of evidence in law: direct or circumstantial.

1- Direct types of evidence in law :

It shows prima facie the facts at issue; it proves the fact directly. What constitutes direct evidence depends on the factors involved. For example, in a case involving possible kickbacks, direct types of evidence in law might be a cheque from the vendor to the suspect.

2- Circumstantial types of evidence in law :

It is evidence that tends to prove or disprove facts in issue indirectly, by inference. In the case of a kickback allegation against Collins, cash deposits of unknown origin deposited to suspect's account around the time of the suspect transaction could be considered circumstantial types of evidence in law.

Organization of types of evidence in law:

Keeping track of the amount of paper generated is one of the biggest problems in fraud cases. It is essential that documents obtained be properly organized early in examination, and that they be continuously reorganized as the case progresses and the best evidence rule. Remember, it is usually difficult to ascertain the relevance of the types of evidence in law early in the case. To maintain good organization in complex cases, fraud investigator jobs should use the following methods.

Segregate the Documents of types of evidence in law:

In general, documents should be segregated by witness or transaction. In the former method, the examiner takes the list of names, whether employee, associate, or witness, and begins assembling collected documents by witness. Alternatively, the fraud examiner might find it easier to organize the information by grouping types of evidence in law of the same or similar transactions together. During the evidence gathering stage of an investigation, organizing the documents chronologically is not the best evidence rule and not recommended because it will make searching for relevant information more difficult. It is generally better to organize them by transaction or by party.
The examination report often follows a chronological timeline to give a narrative of a fraud scheme, in which case displaying key documents chronologically often makes sense. But in the organization phase, there usually is too much clutter for chronological organization to be effective.

Make a Key Document File:

Fraud investigator jobs should make a key document file to assure what is evidence in law , a separate file that contains copies of certain important pieces of information for quick access, for easy access to the most relevant documents. Periodically review the key documents. Move the less important documents to backup files and keep only the most relevant documents in the main file.

Establish a Database types of evidence in law:

Establish a database early on in the investigation and code all documents if there is a large amount of information to process. This database can be manual or computerised and accessed by keywords or Bates Stamp numbering. The coding system should provide meaningful and comparable data; therefore, the database should, at a minimum, include the following fields of information: the date of the document, the individual from whom the document was obtained, the date obtained, a brief description, and the subject to whom the document pertains.

Maintain a Chronology of types of evidence in law:

A chronology of events should be commenced early in the case. The purpose of maintaining a chronology is to establish the chain of events leading to the proof with best evidence rule. The chronology might or might not be made a part of the formal report; at a minimum, it can be used for analysis of the case and placed in a working paper binder. Keep the chronology brief and include only information necessary to prove the case. By making the chronology too detailed, you defeat its purpose. The chronology should be revised as necessary, adding new information and deleting irrelevant details.

Abdo Mounir

About Abdo Mounir -

Senior Manager and fraud examiner in mining industry. Head the investigations related to fraud. My role includes driving the culture of integrity And ethics within the Company by conducting regular fraud investigations.

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