Investigative Report and Expert statement
TASK
This task follows on from the scenario in Assessment 1. In your preliminary investigation of the accused you have determined that Lincoln has defrauded the victim of $121,000 over seven years by fabricating time-sheets, writing and cashing in fraudulent cheques under the pretenses of casual employee wage expenses. This calculation has been determined by comparing the value of all group certificates issued to the Australian Taxation Office against the wage expenses recorded in the general ledger. However, without further investigation you cannot determine the location of the illicit funds defrauded from the victim. The Officer in Charge has read your report and has decided to advance this complaint into a strike force for continued investigation and if necessary, prosecution.
STAGE 1:
- Provide details of the investigative processes you will undertake as the Forensic Accountant to (A) collect your evidence to prove $121,000 was defrauded by the accused and (B) follow the trail of the illicit funds to determine how the stolen money has been used. In this explanation you will need to specify which evidence is required, explain the significance of the evidence (pursuant to Evidence Act 1995) and specify how you will obtain such evidence (by exercising the relevant powers under POCA as a sworn officer);
- Prepare a preliminary expert witness statement in accordance with APES215 and APES110 to be included in the brief of evidence in the prosecution of the accused.[unique_solution]
Your investigation has determined that the illicit proceeds have been deposited into the accused’s de-facto partner’s bank account, Commonwealth Bank of Australia, based in Sydney and subsequently used as a deposit for an investment property in Wellington, New Zealand.
STAGE 2:
- You are now required to provide a sound report for the OIC to explain how the illicit funds can be returned to the victim under the confiscation scheme specified in the Proceeds of Crime Act 2002 (Cth).