The Evidentiary Value of Forensic Diligence in a White-collar Crime Investigation

Contents  hide 

1 Introduction

1.1 Purpose of Criminal Investigation

2 Professional evidence2.1 Forensic Report

2.1.1 Causes of white-collar crime

3 Need for Forensic Diligence in white-collar crime investigation

4 The Conclusion

4.1 Related

Introduction

In all global businesses and commercials, it has gained tremendous momentum with the introduction of ‘globalization’. This massive momentum has caused great disruption to the global legal system with the massive growth of “white crime”. The crime committed by whites began to take place as a result of long-running business disunity. ‘White-collar crime’ as the term was used mainly in ancient times to mark crimes committed by those who held high positions or held a certain position in society or who was first prominent.

With the increase in businesses and the poles involved, such crimes have risen sharply. This means that there was a need for an effective system that could fight such crimes. The fight against white-collar crime, extensive investigations, and professional services have opened up and improved their skills and processes over the years.

These services often provide in-depth analysis of the allegations made and assist in conducting intelligence investigations. This prepares the institution for legal proceedings and assists in obtaining evidence relating to crime. Often, such crimes these days are seen in large corporations around the world that require further research and proper financial record keeping.

These so-called agencies help to do these things. Allegations that a white-collar defendant could be charged with various offenses under the Indian Penal Code (such as fraud, cheating, fraud, etc.) and charges under certain laws (such as money laundering, insider trading, corruption, etc.).”

Purpose of Criminal Investigation

The evidentiary value of forensic diligence in a white-collar crime investigation

The whole purpose of a criminal investigation is to find out how the alleged crime took place and under what circumstances. Reports of crime brought by the investigating officer can serve as potential evidence for trials. Evidence present by forensic investigators is consider expert testimony and, therefore, has great value in the courts.

The Evidence Act, 1872 provides the legal framework for such criminal reports to be accepted as evidence. Sections 45 to 51 provide in-depth information on how professional witnesses and evidence can be useful in a case. As evidence from third-party experts, forensic investigative reports fall under these categories. Specifically, section 45 of the evidence law allows the court to appoint a specialist with specialized experience in the required field. Section 45 has a broad definition of allowing even the accountants and auditors to be present as expert witnesses. The actual amount of evidence of a forensic investigation may be determined by section 45 of the Act. It is a category that can be applied to both criminals and civil cases.

While there is no clear provision to mean that legal evidence is valid through the use of section 45, it is a legal example and has gone beyond the broad definition to allow such evidence to have any amount of evidence. Scholarly evidence is different from the basic law of evidence. The law states that primary evidence is more important than secondary evidence, however, in the case of cases, such evidence is given a measure of clarity and helps the court to reach a decision.

Professional evidence

The evidentiary value of forensic diligence in a white-collar crime investigation

Professional evidence is not legally binding in court, it is support by basic evidence in most cases, without the need for further proof. There is also no well-established rule of law that sets out complete consensus in the event of expert evidence of admission to the court. It was also in court that in order to make a point in the case, it could not rely solely on the evidence provide by an expert in the matter, the only reason being that the courts regard it as irrefutable evidence in most cases.

Regular forensic investigations can return reports of malpractice or malpractice of the company’s internal structure. If such incidents are not report and are not resolve and in a formal investigation, the uninform authorities will be deem to the culprit of the perpetrator and a criminal offender, assisting them in a criminal case.

Forensic Report

An aid to determining the value of a forensic report submit by a forensic investigator is out in section 126 of the Evidence Act. This section deals with the rights of the attorney-client. The sections explain how a company holding a counselor to deal with a legal matter and conduct their own confidential investigation into a matter can protect the findings of such an investigation by exercising the right of attorney and buyer.

The documents and other related communications found within this evidence would protect by this section. Thus, communications between professionals and company advisers will also be protected under this section. Thereafter, to make expert reports submitted as evidence, companies will have to cancel the right granted under section 126 of the Act. Companies that intend to relinquish their rights may also serve as indicators of the number of reports available and may use by the courts to determine better status.

Causes of white-collar crime 

1. Greed among the elite who are financially stable but who are seeking greater financial wealth leads them to commit illegal acts known as white supremacy.
2. In order to be more successful in competitive companies, people in high positions can use such methods that lead to financial fraud, misrepresentation, etc.
3. A positive escape from people in such a position makes it possible for them to escape the law and the authorities for a long time before they are caught.

This crime of financial fraud or white-collar crime has emerged in the industrial era and has escalated in the course of globalization, this crime has been identified and is no longer trivial. The developing international economy through these sectors has become more dependent on capitalist businesses and has led to the creation of corporations, stocks, the banking sector, etc. Most of these cases involve greed from those involved in such crimes. As a result, the people involved in such crimes are usually businessmen or politicians or celebrities. These people are committing such crimes when they covet their good advertisement. In an attempt to defraud their way of getting rich.

The White-Collar cases in India are getting a lot of attention. Attention from the media because the perpetrators are usually high-ranking citizens. It has often been investigated that there is often an illegal involvement of political parties. Entrepreneurs in India are heavily involve in corporate crime and these practices are often overlook by courts or authorities. These corporate criminals are heavily involve in fraud, contract work, corruption, illegal trade, and so on.”

Need for Forensic Diligence in white-collar crime investigation

Increasing revelation reveals the importance of these authorities. Another recent revelation was PNB SCAM. According to a report present by Goldman Sachs on the Impact of PNB Scam on Indian Economy, it is that “To global investors, the Indian economy may look like a green mango these days – it is far-fetch but bittersweet to taste; ready for cucumber, not much.

Goldman Sachs’ slowdown in India’s economic growth rate from 8% to 7.6% in the 2019. Financial year may come as no surprise after a spate of bank scams that made headlines a few weeks ago. The World Investment Bank has identified a $ 2 billion scam in the Punjab National Bank (PNB). Among the reasons for undermining the world’s fastest growing economy”.

This indicates that there is a growing need for forensic efforts in India. With the main purpose of conducting research to hold investigations. The company can begin by investigating the losses and the nature of the crime committed by the alleged perpetrator.

After the first start, the company can then decide on the need for a formal investigation. The purpose of the court investigation is to finally allow the company. To assess the damage and the circumstances that led to the incident. In addition, forensic investigations help the company maintain its privacy. The confidentiality involved in forensic investigations serves the purpose of internal structural inspections. The findings of the above investigation can be use in a legal case.

The Conclusion

The evidentiary value of forensic diligence in a white-collar crime investigation

Investigations into white-collar crimes perpetrated by third parties in the internal corporate framework. Have become more common and have helped to reduce the inequalities that previously existed due to maladministration. Such an investigation serves the purpose of allowing the company to have a strong defence or trial in the trial.

With proper investigation and a report supporting the company’s claims, company executives can save themselves from litigation and litigation. Other regulatory bodies such as The Prevention of Money Laundering Act, 1988 (PMLA). The Foreign Exchange Management Act, 1999 (FEMA). Tax Act, 2015, Finance Act, 2017. IT Act, Benami Property Transactions Acts, 1988 (Benami Commercial Law). And the Companies Act, 2013, the Government has created sufficient resources to deal with the threat of white crime.

The courts have seen strict discipline when it comes to expert testimony and have strongly criticized the same acceptance. The changing times and practices of investigating crime have helped the private and independent company. To provide more evidence to support their claims in the case.