NCJ Number
139635
Journal
Security Management Volume: 36 Issue: 11 Dated: (November 1992) Pages: 27-31
Date Published
1992
Length
5 pages
Annotation
Law enforcement investigations are usually conducted only when criminal prosecution is likely, and corporation employees are generally removed rather than prosecuted.
Abstract
Larceny is probably the most common workplace crime, and embezzlement is a particular form of larceny. Employee fraud is defined as containing four legal elements: material false statement, knowledge the statement was false, victim reliance on the false statement, and resulting damages. Common law elements of bribery involve giving or receiving anything of value to influence an official act. In the corporate world, investigators run the risk of defaming others. False imprisonment can occur when a security investigator or officer keeps a suspect against his or her will. A lawsuit for malicious prosecution can result from wrongfully prosecuting an individual. Further, discharging a dishonest employee can be difficult. The investigator should make sure there is predication to conduct an investigation, respect the privacy and other rights of individuals involved, confine the investigation to questions, and refrain from making unnecessary comments or opinions. The first step in any investigation is to develop a theory. Every effort should be made to ensure that investigations follow a logical process. Investigations should involve observation, interrogation, and legally obtained physical evidence. Investigators should be skilled in recognizing deception, obtaining legally binding confessions, and writing good reports.