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Our offices will be closed on Monday, July 4, in observance of the 240th anniversary of the Declaration of Independence, and the founding of our great republic.
Find out ways to ensure your investigator adds value to your case and enables you to "Achieve a Superior Position." We are approved by the State Bar of Texas as a CLE sponsor, and are available to speak at your firm. Call us at (713)781-9040 to make
a convenient appointment that could make a difference.
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Next Edition Topics:
Uncharitable Donation: Half-hearted pro bono work
Do it Yourself: The risk of assigning investigations to the legal support staff
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Rather fail with honor than succeed by fraud.
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In this month's edition of VantagePoints, we discuss two areas that can have a profound impact on businesses.
The first concerns the issue of fraud committed by executives who have been with a company since its inception, and the unique challenges of such a problem.
The second involves evaluation of witnesses offering testimony that is adverse to your interests, and some of the ways to identify areas where this testimony might be called into question.
The professional investigators at ResultQuest® are skilled in both areas and we would be happy to discuss ways we might assist in your critical investigative needs.
We hope you will recommend VantagePoints to your colleagues. We also value your comments concerning the newsletter, and welcome ideas for topics in which you have an interest. Send your suggestions to
[email protected]
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J.R.Skaggs
Founder, Owner, and Manager
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Since the Beginning: Even founding employees can break bad
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A number of times over the years, the investigators of ResultQuest® have been called in to scrutinize the activities of executives who were part of the founding group of a business. Sadly, in almost every case fraudulent activity was uncovered-usually determined to have evolved slowly over a course of years.
Most of this executive-level fraud involved manipulation of expense reports and/or misapplication of company assets. Typically, the offender exploited a position of authority and trust to carry out the theft. Top executives involved in setting up controls also know how to avoid the triggers that might uncover illicit activity. In addition, these executives can have the added advantage of being able to intimidate or reassign subordinates who might detect irregularities.
On the other hand, due to the stature of the individual, the scrutiny that might have otherwise been given was often neglected, and sometimes the activity was even quietly condoned and considered to be part of keeping an essential member of the team happy-just a cost of doing business.
Sadly, the decision to address the problem was usually put off until the matter began to affect the company's financial position. By the time an investigation is commissioned, the scope and...
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Consider the Source: Scrutinizing the credibility of the witness
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Witness testimony can be a powerful component of the decision making process of businesses. Many issues are identified and resolved based on information supplied by witnesses. However, it is critical that the witness and the information be adequately scrutinized before making weighty decisions. The professionals of ResultQuest® are often employed to conduct such evaluations of witnesses and their testimony.
The overriding concern when analyzing the testimony of a witness is the credibility of the person. A number of elements can establish the level of credibility, one of which is character. In many instances, as a result of comprehensive background probes, witnesses adverse to ResultQuest® clients were discovered to have been convicted of crimes of moral turpitude or judged as civilly liable for fraudulent behavior. As a result, their credibility was seriously undermined.
In other instances, the witness was determined to have a direct interest in the outcome of the case. One in particular involved a company being threatened with a lawsuit by a former employee whose case was in major part based on the false testimony of a co-worker. Investigation revealed the plaintiff-to-be and the co-worker, both married, to be involved in a clandestine extramarital affair with one another. Consequently, the matter was quietly settled.
In one matter investigated by ResultQuest®, through interviews of third parties a supposed eyewitness to an accident was determined to have been...
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