I have been working financial crimes and cyber investigations for over 20 years.
Since starting as a computer geek and working my way up to financial crimes investigations, I have learned a lot about what it takes to solve some of the biggest problems people face in our industry. In fact, they are a lot easier to solve than most people think. You just need to change how you're thinking about them.
Here they are (in a nutshell), and how to solve them:
#1: Not following applicable laws: How to solve it: Investigators must thoroughly familiarize themselves with applicable laws, particularly the Rules of Evidence. These crucial regulations, typically adopted by statute, are codified into formal legal documents that guide investigative procedures and admissibility of evidence.
#2: Not authenticating your evidence: How to solve it: Authenticating evidence typically requires witness testimony. For digital evidence, this may involve a witness with personal knowledge of the item in question. For example, someone who shared a computer with the accused and directly observed the relevant document or file on that device could serve as an authenticating witness.
#3: Not defining your evidence: How to solve it: Learn how to define the different types of evidence. Evidence in investigations can be both digital and physical, and it's often the combination and correlation of different types of evidence that builds a strong case.
See? That wasn't so hard.
Obviously, these are very surface samples of what problems can be faced when considering evidence. Keep tuned for future posts that will help elaborate on these critical issues regarding evidence.
I'd love to hear your viewpoints!
#fincrime #investigations #financialcrime #banks #cybersecurity #evidence #court #witnesses #documentation #authentication #laws #jurisdictions
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