Page 311 - Deception at work all chapters EBook

364 An HR Guide to Workplace Fraud and Criminal Behaviour

The first three points are really important, because it is extremely exasperating for any victim
to have to continually pay out after the conman has been exposed.

Possible approaches

You have a number of possible approaches, which are not mutually exclusive, and all are based
on the principle that you must ambush the conman with overwhelming force and become
the biggest problem in his life. You must convince him it is not in his interest to engage you
in a battle.

The options are given in Table 9.4.

Table 9.4 Options for dealing with conmen

Method of approach Success rate Examples

Negotiation 20% Using your overwhelming case, you can take the conman by
surprise and let him know that unless he makes good your
losses he is in serious trouble

Legal 20% You may mount an ambush through the civil courts by
obtaining search, seizure and freezing orders that enable you
to enter his premises, car, bank, golf bag etc. and remove
evidence that assists your case. The freezing order will also
compel the conman to disclose his assets and if he fails to do
so, he can be imprisoned for contempt of court

Police and regulators 2% You may make a report to the police or regulatory agencies
concerned. However, even if they are interested action is likely
to be slow, allowing the conman to escape

Media 2% You can report the facts to a friendly journalist and expose the
conman, thus frustrating any deals he has in progress

Disruption 20% You can harass the conman, by having him followed, making it
clear to him that any deals he has in progress will be disrupted

In most cases, you must retain the very best, blood curdling litigation lawyers and set them
loose as part of an integrated action plan. All actions are obviously dependent on whether you
believe the conman has assets and part of his plan may have been to falsely convince potential
litigants that he is penniless. Thus it may be worthwhile for you to retain investigators to see
if they can trace his assets.

Budgets for recovery

Bear in mind that investigation and litigation costs can be crippling and there is no point in
throwing good money after bad. A worksheet that may help you decide whether a potential
loss is worth pursuing or not can be downloaded from www.cobasco.com.

Don’t throw good money after bad

If you decide to press for recovery, it is essential that you set a realistic legal and investigative
budget. This should be under the control of the person put in charge of the recovery action
plan and not line managers who were deceived; this may be you!