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AFC 717

INVESTIGATION
TECHNIQUES AND
PROCEDURES
1.
2.
3.
4.
5.
6.

KHAIRUL ANUAR BIN ABDUL RASHID 2013493302


KHAIRUL AZRIN BIN MOD RIFAT
2013240544
MOHAMAD ZAMRI BIN YAHYA 2013881722
MOHD FADZLEE BIN MALIK 2013438384
WAN AHMAD FAROUQ BIN WAN ASRI 2013812524
MOHD SHAFIK BIN IBRAHIM 2012103105
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PRESENTATION OUTLINE
1. Police Report
2. Investigation Team
3. Case Overview
4. Investigation Planning
i. Case Identification - Possible Offences
ii. Possible Suspects
iii. Possible Witnesses
iv. Proposed evidences to collect
v. Investigation Techniques - How to collect the data /
evidences
vi. Evaluate Evidences
vii.Findings & Reporting

5. Proposed the report content / outline


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1. POLICE REPORT
08.01.2005
En. Abdul Ghani Bin Abdul Moin (Customer)
lodged report at Masjid Tanah Police Station on
unauthorised FD liquidation amounting to
RM231,519.57.

28.01.2005

Encik Ghazali bin Abdul Hamid (Regional


Manager, Bumiputra Commerce Bank Berhad)
lodged report at Masjid Tanah Police Station on
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unauthorised FD liquidation amounting
to

2. APPOINTMENT OF
INVESTIGATION TEAM

ASP KHAIRUL ANUAR BIN ABDUL RASHID


Investigation Officer

INSP.
KHAIRUL
AZRIN BIN
MOD RIFAT

INSP.
MOHAMAD
ZAMRI BIN
YAHAYA

INSP. MOHD
FADZLEE BIN
MALIK

INSP. WAN
AHMAD
FAROUQ BIN
WAN ASRI

INSP. MOHD
SHAFIK BIN
IBRAHIM

Open an
Investigation
Paper (IP)
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3. CASE OVERVIEW
8.01.2005
Mr Abdul Ghani bin Abdul Moin (customer of BCB Bank)
went to BCB Bank to liquidate his fixed deposit but
unfortunately his accounts are withdrawn without his
consent and he lodged a police report.
8.01.2005 - 11.01.2005
Due to that, by Mr Shafarudin bin Kamarudin, as the the
acting Branch Manager of BCB Masjid Tanah conduct an
Internal checking.

He found that 13 FD had been withdrawn without


authorisation.
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3. CASE OVERVIEW
11.01.2005
-Mr Shafarudin reported to Regional Manager, Mr. Ghazali
bin Abdul Hamid through e-mail.
-Mr Ghazali instructed an investigation by the internal
audit department to be led by Mr Burhanuddin bin Hassan.

27.01.2005
Mr Ghazali received the investigation report from Mr
Burhanuddin.

28.01.2005
Mr Ghazali lodged a police report.

4. INVESTIGATION PLANNING
Case
Identificatio
n - Possible
Offences

Possible
Suspects

Possible
Witnesses

Evaluate
Evidences

Investigation
Techniques How to
collect the
data /
evidences

Proposed
evidences to
collect

Findings &
Reporting

CASE IDENTIFICATION POSSIBLE OFFENCES


POSSIBLE
OFFENCES
1. Section 408
of Penal
Code

ACTUS REUS

Entrustment or
dominion over property

solely or jointly

Criminal breach
of trust by

clerk or
servant

2. Section 409
of Penal Code

Criminal breach
of trust by
agent

MENS REA

Dishonest intention

Dishonest intention

Disposal of property
or Conversion for own use
Voluntarily
Entrustment or
dominion over property
solely or jointly
Disposal of property
or Conversion for own use
Voluntarily

CASE IDENTIFICATION POSSIBLE OFFENCES


POSSIBLE OFFENCES

ACTUS REUS

3. Section 4 of Anti 1. Engage directly or indirectly


Money
Laundering
in or abets , in a transaction
and Anti Terrorism
involving
proceeds of an
Financing Act 2001
unlawful activity
2. Acquires,
receives,
possesses,
disguises,
transfers,
converts,
exchanges, carries, disposes,
uses, removes from or brings
into Malaysia proceeds of an
unlawful activity
3. Conceals,
disguises
or
impedes the establishment
of the true nature, origin,
location,
movement,
disposition, title of, rights
with
respect
to
,
or
ownership of, proceeds of 10
an

MENS REA

CASE IDENTIFICATION POSSIBLE SUSPECTS


POSSIBLE
SUSPECTS
1. Ahmad Kasim
Bin Abdul
Ghani
-Bank Clerk
Masjid Tanah
Branch of BCB
Berhad

POSSIBLE
OFFENCES
Section 408 of Penal
Code (Criminal breach
of trust by clerk or
servant)

2. Paridah
Binti Section 409 of Penal
Code (Criminal breach
Khamis
-Bank Officer, of trust by agent)
Masjid
Tanah
Branch of BCB
Berhad
3.

Zainal Abidin
Bin Othman
-Bank
Manager,
Masjid
Tanah
Branch of BCB

ACTUS REUS

MENS REA

Entrustment or
dominion over
property

solely or jointly

Disposal of property
or Conversion for own
use

Voluntarily

Entrustment or
dominion over
property

solely or jointly

Disposal of property
or Conversion for own
use

Voluntarily

1. Dishonest
intention

1. Dishonest
intention

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PROPOSED OFFENCE
OMONEY LAUNDERING (s 4 of
amlatfa)
OElement :
OActus reus
OMens reas

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POSSIBLE WITNESSES
Mr. Ghazali bin
Abdul Hamid
Regional Manager of
BCB Bhd

Mr Shafarudin bin
Kamarudin
Manager, Internal
Audit Department
and internal audit
team member

Manager, IT Unit of
BCB Bhd

Melaka State
Treasury Investment
Officer

Relevant FD Account
Holders

Teller & Officer of


Masjid Tanah BCB
Bhd

Manager, Human
Resource of BCBB

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PROPOSED OFFENCE
OMONEY LAUNDERING (s 4 of
amlatfa)
OElement :
OActus reus
OMens reas

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PROPOSED TYPE
EVIDENCE
Testimonial
Evidence
=> Interviews

Physical
Evidence
=> Forged documents

Documentary
Evidence
=> Appointment letter

Personal
Observation

Evidence Square
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DETAILED PROPOSED EVIDENCE


EVIDENCE
1. Police report of the case
2. Appointment letter and job
description
Director of CLP
Qualifying Board (QB)
Board of Examiners (BE)
Staff of CLP
Review Committee
3. Master list of exam result
July 2001

SOURCES
Dang Wangi
police station

Certificate of
Legal Practice
(CLP) office,
Level 27, Menara
Tun Razak, Jalan
Raja Laut, Kuala
Lumpur

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DETAILED PROPOSED EVIDENCE


EVIDENCE

4. New tabulation of
students result July
2001
5. Scheme of marks and
grades
6. Answer scripts for CLP
examination July 2001

SOURCES

Certificate of Legal
Practice (CLP) office, Level
27, Menara Tun Razak,
Jalan Raja Laut, Kuala
Lumpur

7. Qualifying Board
minutes of meeting

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PROPOSED
INVESTIGATIVE FRAMEWORK
Strategy
1 : Mandate
and
Predication

Receive mandate
Order to investigate
Predication of offence (possible
legal violation)
Relate to relevant statute
Open an Investigation Paper (IP)

Strategy 2
:
Understandin
g Case
Background

Understanding case
background (case
scenario, problems and
issues)

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PROPOSED
INVESTIGATIVE FRAMEWORK
Identify resources to conduct
investigation
the methods of investigation
Strategy 3 Identify
Detailed plan of the process
: Investigation
(what, when, who and how) which
Planning
relate to the investigation
Obtain warrant and consider possible
expert witness
Strategy 4 : Analyse probable
documents and identify
Analyse
suspects and witnesses
Available
(eg. Internal
Information /
investigation report,
Documents
police report)
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PROPOSED
INVESTIGATIVE FRAMEWORK
Strategy
5 : Evidence
Collection

Gathering documentary and physical


evidence

Strategy 6 :

Conduct
Interview &
record statement

Interview suspects
and witnesses

Analyse evidence,
interviews and data
on the
Strategy 7 :
authenticity,
Analyse Evidence
reliability,
/ Interviews
admissibility and
weightage of 20
evidences

PROPOSED
INVESTIGATIVE FRAMEWORK
Strategy 8 :
Evidence
Preservation

Security of chain of evidence :


- obtain original copy
- making copy for review
- maintain good filing
system

Strategy 9 :
Investigation
Report

Prepare report to
legislator (Deputy Public
Prosecutor) on findings

Strategy
10 :

Possible further
action may arise
when investigator
Prepare Further
are needed to
Possible Action
testify on findings
in the court

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PROPOSED
REPORT OUTLINE
1. Executive summary
2. Introduction

Background of case (nature of allegation)


Scope of investigation
How the investigation started (identify complainant) and who
initiated it?
Possible legal violation
Possible suspects relate to the investigations

3. Legal implications

Possible legal violation and its elements

4. Planning investigation stage

Identify audience/end user of report


Identify resources (investigation team, expert witness, logistic etc),
scope and timescale

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PROPOSED
REPORT OUTLINE
5. Investigation stage

Methods of investigation :- Collection documents, physical checks, conducting interviews


- Maintain control of documents
- Review/analysis documents

6. Evidence gathering and analysis


. Collection of evidence
. Explain basis of evidence collected (relevent, credible and material
in accordance with Best Evidence Rule
. Analysis of evidence

7. Interview statements
. Lists all interviews carried out
. Summaries information on interviews (state the brief background of
interviewee, interviewer, timing, location, legal issues (if any)
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PROPOSED
REPORT OUTLINE
8. Evaluation of evidence
9. Findings of facts
10.Result of investigation
11.Recommendation and conclusion
12.References
13.Appendices

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