South African government and corporate sector are introducing enforcement policies that highlight zero tolerance approach to fraud and corruption. When a case of fraud and corruption is identified, appropriate action will be taken and those responsible will be thoroughly investigated and held accountable for their actions. This shows that South African organisations are keen to demonstrate a commitment to dealing with wrongdoers and are increasingly prosecuting fraudulent perpetrators and employees rather than ‘sweeping the matter under the carpet’.
You are employed as a forensic investigator attached to Jone’s Forensic Services (Pty) Ltd and tasked to investigate an alleged fraud case reported by Absa bank Ltd., a bank incorporated in terms of the RSA legislation. The reported case is an alleged ongoing fraudulent activity of what is surmised, as an operating crime syndicate responsible for internet banking and credit card fraud which resulted in consumers losing more than R260 million across the platform. The scammers posing as bank officials or service providers are phoning customers to manipulate them to disclose their confidential information such as their credit details and one-time pin (OTPs). Jone’s Forensic Services (Pty) Ltd enlist the assistance of the SA Police Service Directorate for Priority Crime Investigation, officially nicknamed, the Hawks. The police request you, as a forensic investigator to be involved in the investigation to guide and assist them in collecting evidence and documentation the investigation. Assume furthermore that the case has passed the case-initiation phase and that there are sufficient facts to substantiate a reasonable suspicion that fraud had indeed been committed.
Discuss the constitutional and legislative framework mandating the forensic investigators to investigate fraud and corruption offenses in public and private sectors as a proactive measure designed to enhance system integrity (prevention measures) and reactive responses (reporting, detecting and investigative activities) to fight fraud cases. (25)
Discuss the types and detection processes of credit card fraud that can be committed by a perpetrator making purchase not authorised to use a card.
Answer to above question on Zero Tolerance to Fraud
Answer 1: The constitutional and legislative framework mandates the forensic investigator to investigate all the fraud and corruption related cases in both the private and public sector South Africa. This is aimed at achieving enhancement over the system integrity and reactive responses in respect to fraudulent cases. The constitutional and legislative framework provides the forensic investigator with sufficient authority to collect evidence, access information and documents, and they can also interview witnesses. The forensic investigators are required to adhere to the legal requirements of search and seizure and present the evidence in front of court.
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