YEARS OF
INVESTIGATIVE
INTEGRITY
Justicia
Investigations
Justicia was established in 1992 as a private investigations agency in response to a growing demand from the private sector. It is now one of the largest privately owned, nationally represented investigation agencies in the country… find out more
THE LATEST INDUSTRY NEWS
November 10
A three-minute overview of essential investigation insights
At Justicia Investigations we have been celebrating the 30th anniversary of our formation. It’s been 30 years of considerable social and legal change, through which Justicia has enjoyed sustained growth without ever straying from our commitment to delivering investigations with integrity. We have clients today who were among those who first used our service 30 years ago, a fact that is a source of great pride to us. As our long-serving team looked back over the years, we gave ourselves a challenge: To identify the most powerful and essential investigation insights from the past 30 years that are important for our clients to know, and to share these in a way that you can read in just three minutes! Ready? Start your clock now! There has been an upward trend in crime within and against companies, and we foresee this continuing for some time. This means that your need to prevent, detect and investigate wrongdoing against your business will be a focus area into the future. Significant changes in both the laws of the country and in the capacity of the justice system have increased the cost and complexity of investigations, meaning that there needs to be a higher investment in prevention. Read our insightful article, “What has changed in 30 years, and what it means for you”, here. As the methods used in fraud and by crime syndicates become more sophisticated, the technology that needs to be used in prevention and detection has evolved. We’ve kept up to date with the latest developments and are always in a position to give guidance based on our experience of what is working and what is not. Some of the tools that have long been in use are now being more effectively utilised. For example, there has been an important shift to off-site CCTV monitoring. Read why this would be a good solution for you in our article, “Off-site CCTV Monitoring – A game-changer in business crime prevention”, here. Another long available technology, the polygraph, continues to play a growing role in investigations. Surprised? Read about the invaluable ways in which we and our clients are utilising polygraphs in our article “Polygraphs: A growing and legitimate role in preventing and investigating workplace wrongdoing” here. Intelligence has become a pivotal resource in the prevention and early detection of loss. Learn about the most powerful way we can deliver you critical intelligence through our undercover operative service in our article, “Undercover operatives playing a pivotal role in crime prevention” here. Stop your clock now! We hope we’ve delivered on our three-minute promise of essential investigation insights? But we also hope that you take the time to read and share the four valuable articles that we have given you links to – they are full of essential investigan insights that could transform the effectiveness of your crime prevention, detection and investigation processes. ____________________ Finally – we have reflected on the approach that we have taken to delivering our services over the past 30 years, and these are the principles to guide our work, and that we believe are key to our sustained success: We operate with the utmost integrity, doing work that means our clients must have full trust in our handling of their information. We work from first principles, such as following the evidence rather than assumptions. We also focus on securing evidence in a legal way so that it can be used in court. Illegally obtained information at worst ruins cases, and at best slows down investigations. We take a phased approach to an investigation, never requiring a client to commit to a total investigation or guaranteeing a final outcome. Short term phases are agreed and costed, and a remarkable number of cases are actually resolved in a short space of time. We specialise in investigations across a diverse number of sectors, which means that we have the ability to detect patterns and pursue evidence in a way that is most likely to get to the facts, cost-effectively. It also means that we can share best practices that develop in one sector to the benefit of our clients in other sectors. ____________________ Do you know of any other investigations company that has been around for 30 years with a reputation that has gone from strength to strength? Thank you for being such an important part of our 30-year journey, and we look forward to serving you with equal passion, skill and integrity for decades to come. We look forward to hearing from you with your comments and queries. Contact us today!
READ THIS ARTICLEOctober 30
30 years of investigations in SA: What's changed & What it means for you
Our company turned 30 in 2022. Having opened our doors shortly before the advent of democracy in South Africa, it's been 30 years of considerable social and legal change. Over this time, Justicia Investigations has enjoyed sustained growth - without ever straying from our commitment to delivering investigations with integrity. We have clients today who were among those who first used our service 30 years ago, a fact that is a source of great pride to us. As our long-serving team looked back over the years, we reflected on what has changed - and what has not - when it comes to the challenge of preventing, detecting and investigating crimes against businesses. Significant legislative changes Many of the laws introduced to give effect to South Africa's Constitution had a direct impact on the context within which investigations are undertaken. The suite of employment laws, including the Basic Conditions of Employment Act and the Labour Relations Act, resulted in a raft of new rights and responsibilities applicable to employers, employees, and employee representatives. The protection of workers against unfair labour practices necessitated that employers have defensible grounds for dismissal. As a result, our role as investigators became more important, as employers now needed to present sound evidence in order to prove charges against employees. The advent of the Commission for Conciliation, Mediation and Arbitration (CCMA) made the independent hearing of disputes accessible to all employees. This too was a development that increased the need for evidence-based arguments, and we continue to play a key role as witnesses for our clients in both in-house hearings and at CCMA disputes. In our experience, the handling of disputes by the CCMA continues to be handled in a fair manner and most of the outcomes we see are reasonable. With a value proposition that we would always undertake investigations with integrity, and a commitment to only obtaining evidence following legal and ethical means, adapting to the new labour laws was not a challenge for Justicia Investigations. With time, South Africans became well aware of their constitutional rights, which in some instances has given criminals the upper hand. More recent legislation, specifically the Protection of Personal Information Act (POPIA), has had the effect of dramatically reducing the availability of information. Much of the information we could previously access online, legally and with ease, can now only be acquired via warrants for information. This is causing delays in and increasing the cost of investigations. In turn, we are playing an increasing role in advising our clients on the process of securing warrants. Significant changes in both the laws of the country and in the capacity of the justice system have increased the cost and complexity of investigations, meaning that there needs to be a higher investment in prevention. Whistleblowers: An increasingly valuable source of intelligence The introduction of the Protected Disclosures Act in 2000, coinciding with an increased focus on corporate governance, saw an increasing number of employers recognising their obligation to have effective whistleblowing policies and mechanisms in place. Today this means that a surprisingly high percentage of fraud schemes and other forms of workplace wrongdoing are identified through the investigation of whistleblowing reports. This South African trend matches the global findings of the Association of Certified Fraud Examiners (ACFE). If you are in any doubt as to the role that whistleblowers are playing in fraud detection, read the ACFE 2022 report here. The role that Justicia Investigations plays in supporting its clients when it receives whistleblowing reports is an invaluable one. Being expert in the investigation of whistleblowing reports, we are in a position to review a report and advise the client on the best next steps to take to investigate the allegations. Anonymous whistleblowing reports can at times alert you to a problem but lack sufficient detail to enable the client to conduct a suitably targeted investigation. In these cases we act as an independent intermediary that liaises with a whistleblower without revealing their identity to the employer. Here is how this happens if the client has a report from an ethics hotline. The client advises its ethics hotline provider to relay to the whistleblower an offer that they engage with an independent investigator who will protect their anonymity. With the whistleblower's agreement we engage directly with them. From this process we acquire valuable additional information that enables us to find evidence of the wrongdoing without requiring the whistleblower to be a witness, protecting their identity throughout the process. When a whistleblowing report lands on your desk - or desktop - remember that the legally compliant and effective handling of an investigation into such a report can be a minefield, and that with our help you can proceed with greater confidence, and with improved results. The changing nature of crime - and the use of technology It may go without saying that the technology used by criminals to perpetrate fraud and theft has advanced considerably, and this is a global reality. In South Africa, fraud and syndicate crime has become vastly more sophisticated. Consider the fact that in its raw state, a commodity such as chrome may not have been a priority target. Today, syndicates work in the service of those who have acquired processing and refining capacity, meaning that it is not only finished goods but all freight that is at risk in transit. This reality has coincided with the decline in the capacity and effectiveness of South Africa's railways system. This decline has in turn caused a massive shift to road transport, setting the scene for the increase in truck hijackings. Fortunately there has been a concurrent increase in the types of technology available for use in crime prevention and detection, and these are becoming increasingly affordable. As Justicia Investigations is not a technology vendor, we are an invaluable, independent advisor to our clients who wish to spend wisely when selecting and deploying security solutions. Our independent security risk assessments typically open our client's eyes when it comes to their awareness of what is available and what we found to prove effective. They can then go to the market for quotes, confident that they will be able to compare like for like rather than finding themselves with three different quotes for incomparable solutions. One of the technologies that has long been a feature of security systems is CCTV. Knowing (or hoping) that the culprits will be caught on camera and that this will enable their apprehension, while providing strong evidence in disciplinary and criminal cases, was the CCTV value proposition. Few businesses have not had the experience of turning to their footage once a loss has been detected, only to find that the camera has been redirected or that the event took place too far back for the film to still be accessible. Today CCTV plays an invaluable and reliable role, not only in the post-event stage, but in the prevention and limitation of crime against businesses. This is achieved through offsite CCTV monitoring, a service in which we specialise. In fact this is such a powerful service that we have dedicated an article to it. Read "Off-site CCTV monitoring: A game-changer in crime prevention for an increasing number of businesses", which you can find here. When it comes to technology use in the actual investigation process, you may be of the view that the polygraph has reduced in application. This cannot be further from the truth. In fact, while the polygraph may not be used in isolation as grounds for determining guilt, it continues to play a critical role in other very important ways. We urge you to read our article, "Polygraphs: A growing, legitimate role in preventing and investigating workplace wrongdoing" which you can access here. The importance of intelligence today - and how we help you get it If there is one conclusion from our reflections on the past 30 years of investigations, it is this. The increasing time and expense involved in investigating crimes against businesses means that our clients need to allocate increasing resources to crime prevention. We support our clients in a number of ways when it comes to crime prevention, and our security risk assessments play a critical role in this regard. Off-site CCTV monitoring, together with other technologies, are important in the prevention of crime and the quick detection of a crime event - reducing the amount of time available to the criminals to achieve their illicit goals. Having intelligence in advance of or at the early stages of a crime against your business is the most powerful weapon available to you. One of the ways we deliver this is through our undercover operations. In fact, a number of our clients say they will never 'do without' it once they have experienced the ease with which we help you integrate our trained agents into your workforce - and the enormous value they deliver. Whether it is to get to the bottom of a problem as a project, or as an ongoing approach to crime prevention, you will be surprised at how much value you gain from an undercover operative intervention. You can learn more about our service and its benefit in our article, "Undercover operatives playing a pivotal crime prevention role against businesses", which you can find here. _______________________ We love to talk about the ways in which we can help our clients prevent, detect and investigate crime. If the few contributions we have highlighted in our review of the past 30 years in business have interested you, contact us for a conversation about your unique circumstances and needs. Email us at admin@justicia.co.za or call +27 (086) 000 5 111. Learn more about our integrated corporate crime prevention and investigations service at https://www.justicia.co.za/. We'd love to hear from you!
READ THIS ARTICLEOctober 27
Off-site CCTV monitoring: Game changer for business crime prevention
A short but shocking period of looting and damage to business premises in July 2021, predominantly affecting South Africa's Durban and Johannesburg areas, demonstrated the game-changing impact of off-site CCTV monitoring. Imagine this real-life scenario. With all employees having been evacuated and your premises shuttered, you monitor what is happening at your business premises via your mobile phone. It's a worst-case scenario, you watch in disbelief as your security is breached and you witness in live time a large number of looters ransacking your offices, warehouses and factory. At least you will have the footage as evidence - well that is what you think. Minutes later your onsite CCTV recording device is in the arms of a looter, never to be seen again. That evidence? It's gone. In some cases, during the July 2021 onslaught against business properties, the recording devices were not stolen, but were burnt in fires that had been intentionally set. Either way, the recordings you know existed at one point in time are now not available to help support your insurance claims or to identify the wrongdoers - why may have included insiders that you can no longer take action against. Fortunately, this kind of scenario is not a regular occurrence. But on an everyday basis we have clients who benefit from our off-site CCTV monitoring service. This is because many of the threats to your business, it's people and assets do not announce themselves at the front door. Your front-line security can be unaware that thieves have gained entry without detection. In fact, they may not be outsiders, they may also be those who gain access without any difficulty - as your employees. As the most experienced providers of off-site CCTV monitoring in South Africa, we have a track record that enables us to demonstrate that through this service you will benefit from: A surprisingly cost-effective approach The benefit of a division of responsibility between your on-site security staff and the CCTV monitors Highly-trained and specialist staff Integration of your onsite security systems, such as external and internal alarms, with our monitoring centre Extensive recording capability and secure storage Significantly reduced loss - simply put, thieves who gain access to your premises are detected quickly, and no longer have the ability to loot at leisure. Many of our clients have operations that are vast and complex with high-value equipment and goods. Through economies of scale, we are in a position deliver the same peace of mind to the smallest business owner. ____________ Contact us today to have a detailed discussion about how our off-site CCTV monitoring service can be a genuine game-changer in the detection and prevention of crime against your business: Email us at admin@justicia.co.za or call +27 (086) 000 5 111. Learn more about our integrated corporate crime prevention and investigations service at https://www.justicia.co.za/
READ THIS ARTICLEOctober 27
Polygraphs: Their role in preventing & investigating workplace wrongdoing
It's an erroneous claim made so often that you may well have come to believe it. And that would be a great pity, if you have an interest in any of these business objectives: Distinguishing false claims and allegations from facts Ensuring that those involved in wrongdoing are identified in a way that appropriate action can be taken Reducing the likelihood that the people you employ will engage in unethical activity. What we advise our clients, with confidence, is this: Polygraph testing is not illegal in South Africa. It continues to play a pivotal, legitimate role in investigations. It's playing an increasing and valuable role in prevention. We agree wholeheartedly that the courts will not, and should not, conclude that a person is guilty of a crime solely on the basis of a polygraph report. At the same time, this technology plays a number of other legitimate roles as part of an integrated approach to prevention and investigations. Let's start with distinguishing false claims from facts. Simply put, it may be unlawful and undesirable to conclude beyond reasonable doubt that a person is guilty of an offence based solely on a polygraph, but it is not unlawful to attach weight to polygraph evidence as one component of a comprehensive, compelling case when using the employment law test of the balance of probabilities. As an employer you are likely to be involved, regularly, in decision-making based on the balance of probabilities. Given this, you should welcome the valuable role a polygraph can play in identifying a person as innocent of the allegations against them. One of our clients, a human resources director, put it like this: "Voluntary polygraphs made available to those who have been falsely implicated, or to those who wish to disassociate themselves from suspicious activities, play an invaluable role. At worst, a falsely accused person can be the subject of unwarranted disciplinary action. At best, without the polygraph, a cloud of suspicion can linger around the innocent person, impairing the level of trust and respect they previously enjoyed. Having full confidence in the expertise of Justicia Investigation's specialist polygraphers, our position is that we accept the favourable outcome of a polygraph, unless there is other compelling evidence to the contrary, in which case we probably wouldn't need a polygraph anyway". While fictitious whistleblowing reports remain rare events, the potential for them to be made tends to make line managers and supervisors fearful that company whistleblowing systems will be abused by employees seeking revenge for unpopular decisions. As the HR director explained it to us: "When we undertake whistleblowing awareness initiatives, it gives managers and supervisors, amongst others in the business, great confidence to know that in the event allegations are made against them, that we will give them the opportunity of undertaking a polygraph if they so wish". At Justicia, little gives us more satisfaction than providing an innocent person with the opportunity of clearing their name. In a recent case, a falsely implicated manager put it like this, "It was not something I would want to do again in a hurry (referring to the polygraph), but if I hadn't been able to clear my name I would have had to resign from a job I love because I wouldn't be able to bear the thought that suspicion would swirl around me forever". As we mentioned at the outset, polygraphs continue to play an important role in successful workplace investigations. This is because the use of the polygraph can help to: Polygraphs narrow the search for the wrongdoers as the pool of those potentially involved is reduced (in the process shortening investigation duration and costs) Refine our hypotheses as to who did what and how (enabling more targeted forensic work, often leading to the uncovering of hard evidence without needing to polygraph the reluctant wrongdoer/s) Prompt guilty parties to make confession statements during pre-polygraph interviews Prompt guilty parties to make confession statements when they discover that they have not passed a polygraph (a surprising number of people believe they can bluff the polygraph, and fail). Finally, polygraphs are helping us to prevent and deter unethical activity in the workplace. This is happening in at least two ways: Increasingly employers are requesting that candidates undertake pre-employment polygraphs to limit the likelihood that they employ people with a track record of unethical behaviour. These are employers who understand that the time it takes for a conviction to be secured and recorded means that a traditional criminal check can be providing a false sense of confidence. They are also employers who understand that a significant pattern of unethical activity can go undetected by the justice system. Employing people without a history of wrongdoing ensures that at least half the workplace ethics battle is won. Random polygraphing of employees in high-risk roles has a deterring effect on those who may otherwise become tempted to abuse their positions. As one security guard explained to us, "Because we have random polygraphs, I had no choice but to blow the whistle when a syndicate member started pressurising me for information about the timing of my perimeter patrols." At Justicia Investigations our polygraphers are highly skilled and experienced, having received advanced training in the technology. Their service is in high demand by a diverse range of clients who regularly make use of our polygraph service as part of their workplace investigations. And it is not only the employers who have faith in our service. One of our favourite moments was when a power tool went missing on a remote site of a large organisation. As the manager started to ask employees if they knew what had happened to the power tool, the shop steward said this: "Call those people (referring to Justicia who had conducted investigations at the site previously) to come here with their polygraph machine, we don't want to be doubting each other, we must get to the bottom of this as fast as possible". _____________________________ If you have been of the impression that the polygraph has no role to play in your workplace wrongdoing prevention strategy or workplace investigations, we hope our insights have given you new interest in the legitimate use of the technology. Contact us for a discussion: email us at admin@justicia.co.za or call +27 (086) 000 5 111. Learn more about our integrated corporate crime prevention and investigations service at https://www.justicia.co.za/
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