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Comer Michael J. - Investigating Corporate Fraud

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CONTENTS
First published 2003 by Gower Publishing Published 2016 by Routledge 2 Park - photo 1

First published 2003 by Gower Publishing

Published 2016 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright 2003 Michael J. Comer

Michael J. Comer has asserted his moral right under the Copyright, Designs and Patents Act, 1998, to be identified as the author of this work.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data
Comer, Michael J.

Investigating corporate fraud

1. CorporationsCorrupt practices 2. Fraud 3. Fraud investigation

I. Title II. Maxima Group Plc

364.163

ISBN 9780566085314 (hbk)

The Library of Congress Control Number: 2002104531

Typeset in 9 point Stone Serif by IML Typographers, Birkenhead, Merseyside

To Greg, Daisy, Maggie and Molly Harris.

Out of sight, but never out of mind.

Contents
FIGURES

Main types of corporate fraud

Structure of the English courts

The Project Team or Special Task Force

Transactional Analysis

Interview road map: the four phases, showing the requirement to change roles

Cut-outs and destinations

Illustration of a camouflage passport

TABLES

Types of preventative controls

Different objectives of police and civil investigations

Main types of civil orders

The decisions in relation to Article 8 for the Halford case

Coverage of the Regulation of Investigatory Powers Act 2000 and Regulations

Effects of legislation on investigatory procedures

Types of evidence

Proof of loss

Methods of investigation

Investigation control

Main sources of information

Important schedules

Types of I2 charts

Computer forensic hardware and software

Expert witnesses

Clearance of investigatory procedures

The eleven stages of major investigations

Initial suspicions

Potential sources of information

Background on suspects

Roles in Transactional Analysis

Equal and crossed transactions

Dealing with lies

Interviewers body language

Approach in Phase A

Approach in Phase B

Grounds for immediate dismissal

Fronts used by stealthists

Sources and disposition of funds

Main internal and cross-border flows

Assets and examples of clues to ownership

Countries as cut-outs

Destinations for asset stealth

Asset recovery checklist

Asset recovery checklist: Summary of findings

Recovery options

Planning an interview

It was definitely the perfect fraud unfortunately they hired the perfect - photo 2

It was definitely the perfect fraud unfortunately they hired the perfect investigators.

We cant touch him he has a reasonable expectation of privacy For those - photo 3

We cant touch him, he has a reasonable expectation of privacy.

For those unlucky humans who were forced to read Corporate Fraud III rather than eat up their greens, its me again. For those that didnt, I should introduce myself. My name is Spot, and I am a dog. Unlike most humans, who avoid him, I have been close to Mr Comer for over ten years. Excluding his family, which has little option, I have stayed loyal to the pipe-smoking, mercurial ex-guru longer than any living creature, and its a record in which I take considerable pride: a living monument to my patience and understanding of an increasingly irascible, elderly investigator.

In Mr Comers favour and there is not much else he, with his colleagues in Maxima Group Plc, are probably among the best corporate fraud investigators in the world. Even some lawyers admire them, and The Lawyer, on 3 September 2001 said (at the time):

A leading UK Law Firm typically uses Maxima, whose Chief Executive is former senior Customs & Excise investigator Mike Comer, for a number of large banks, FTSE 100 companies and private organisations. The company is frequently employed by the firm to carry out anti-counterfeiting and copyright protection work for Microsoft in Europe, Africa and the Middle East.

A source, who is familiar with Maxima said Their work is done very quickly, effectively and behind the scenes. Theyre changing the whole process of investigation and thats why theyre so attractive. They get the evidence so quickly that the other side can do nothing but negotiate their way out of it. These guys have very advanced techniques where almost nothing can be hidden, wiped or destroyed.

This is a really amazing tribute, because many lawyers regard investigators as plods or worse. When Mr Comer read The Lawyer article, he had to be brought round with smelling salts. He could not believe that anyone would say anything nice about him, and even I have to admit that praise in his direction is very unusual.

Mr Comer was asked to write this book by Gower, mainly because the Chinese edition of Corporate Fraud III is a best seller. For most people, the Chinese version is far more understandable than the English (or, more truthfully, almost English) original and at a sales price of 65p a copy, it is a bargain. I have a feeling that the Chinese find the book cheaper than wood, and are using it in their stoves to cook chow mein and very tasty bones.

Mr Comer thought long and hard before putting pen to paper or fingers and thumbs to the keyboard on this book. He was worried on two counts. The first was that it would alert fraudsters to the methods that might be used to investigate them. This problem quickly vaporized when it was drawn to Mr Comers attention that nobody reads his books, and thus there was no danger of it alerting anyone. If you are reading this, you must be a really sad bastard.

Some readers may not like the cartoons or Mr Comers focus on the male gender when referring to humans and humanoids. But these are Mr Comers hallmarks, and he is unlikely to change at his age. As far as sexual discrimination is concerned, it is of no consequence to him because he has long forgotten the difference. He tells everyone that crooks should not have all the fun, and that he would investigate fraud even if he were not paid fortunes for doing so. He is another really sad bastard, so if you are still reading this, you should get on well together.

Mr Comers style of writing is a little unusual for what is supposed to be a serious textbook. I agree that having a dog write the foreword is unconventional and not everyones cup of tea. Personally, I dont get a lot of requests to write stuff like this, but I am open to offers. From time to time, Mr Comer uses Anglo-Saxon words and makes disrespectful comments about politicians, lawyers and other people who dont have to work for a living. He asks for forgiveness: it is just his nature and he cannot resist beating a dead donkey to death. I have noticed that this is a failing of a lot of investigators.

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