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Bank Fraud Newsletter February 26, 1996
Investigator's Corner
by David E. Zulawski and Douglas E. Wicklander
Evidence
Fraud schemes often leave a paper trail, that helps investigators and
prosecutors identify the individual(s) responsible and estimate the scope
of the loss. Documents used to facilitate the fraud link the perpetrator
to the crime and become key pieces of evidence. Evidence, regardless of
the type, must be preserved and documented to be useable in criminal trials
or employment hearings.
Opposing counsel will often attack the admissibility of evidence in terms
of its relevancy and chain of custody. Especially in the early stages
of an investigation, the relevance of a piece of evidence may not be evident.
As a result, every item recovered should be treated as though it is relevant.
Seemingly useless items may later play key roles in the prosecution of
the case.
Best Evidence
The best evidence is always the original document or item itself. Originals
should be obtained, whenever possible. The investigator should document
the recovery of each piece of evidence, noting the date, time, location,
and by whom the item was recovered. The investigators may wish to create
copies of the document for the working file, or for a business necessity.
Any copies should be clearly marked, "Copy", while the original
should be preserved as it was found.
Chain of Custody
The investigators must maintain the chain of custody of any evidence that
comes into their possession. A break in the chain of custody may result
in the item or document being inadmissible at trial. Chain of custody
assures both the defense and prosecution of the evidence's integrity.
To maintain a chain of custody, the evidence must be stored in a secure
location. The secured location can be as simple as a locked door or as
large as a room, with access controlled by the "evidence custodian".
When evidence is transferred from one person to another, the transfer
must be documented. Evidence sent to a crime lab, document examiner, or
police must be accounted for as well. The simplest way to do this is to
create an evidence log that lists each item by number and description.
Then any transfer is noted, by the evidence custodian, maintaining the
item's chain of custody.
Forensic Study
Evidence should be preserved for possible forensic study. The original
document should not be altered or written on, with the exception of an
unobtrusive notation for identification purposes. Original documents should
not be handled unnecessarily, instead, create work copies while preserving
the original in an envelope or plastic cover. Folding, creasing or marring
the original may destroy opportunities to derive additional evidence from
the item.
Document Examiner
A forensic document examiner may be able to link the subject to the fraud
in a variety of ways. Handwriting can be analyzed to determine whether
it is authentic or forged. It may be possible to identify the author of
a particular writing, signature or number. The examiner may link typewriting
or typist identification. He or she can also be useful in determining
the sequence of entries or in deciphering alterations, obliteration's,
and erasures. Examination of ink formulas may reveal a change of entries,
such as a (1) to a (4) by the addition of an added stroke. The ink can
also be analyzed to determine when it was produced. This may identify
forgeries created after the date of the document.
The document examiner can also analyze the paper for watermark and date
of production. These types of forensic investigations into a document
may reveal significant information important to the investigation.
Document examiners are highly trained members of the law enforcement forensic
team. This position requires years of study, training as well as certification
by the American Board of Forensic Document Examiners. To locate an examiner
in your area, contact the local or federal crime laboratory. Of course
the best way may be to contact the American Board of Forensic Document
Examiners in Houston, Texas at (713)784-9537 for a qualified examiner
in your area.
Types of Available Forensic Document Examination
Handwriting - The identification and elimination of questioned
entries.
Sequence - The determination of the sequence of entries.
Alterations and Obliterations - The detection and decipherment
of erased, obliterated, and altered entries.
Typewriters and Printers - The identification and comparison
of typewritten entries to determine the original.
Copiers - The identification and comparison to determine
the source of copy exhibits. It is also possible to make a determination
of authenticity of reproduction copies.
Inks - The examination and comparison of inks and ink
dating. It is also possible for a document examiner to differentiate between
inks produced by different writing instruments.
Paper - The differentiation of papers to determine authenticity.
Watermark files are also available for paper dating.
Burnt, Charred, and Faded Documents - Document examiners
can often reconstruct text and preserve burnt, charred, or faded documents
for evidence.
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