Cheque fraud: Defence guidelines
Tuesday, July 31, 2012
Given the prevalence of cheque fraud in South Africa, familiarity with the guidelines for protecting oneself against the scourge is mandatory. Victims of cheque fraud include financial institutions, businesses that accept and issue cheques, and the consumer. In most cases cheque fraud begins with the theft of a financial document. This can occur when someone steals a blank cheque from your home, finds an old and used cheque in your bin or steals a cheque through the mail. Before a cheque is paid by the drawer to the payee, it passes through many hands. For example, it could move from the payee to the depository bank, then to the collecting bank, then perhaps to a presenting bank, and finally to the drawee bank. Cheques may thus also be intercepted at any point between being drawn and being paid.
Guidelines for identifying lies, deception
Tuesday, July 31, 2012
Detecting deception could be one of the most telling tools in a business executive's business armoury. Naticia Chetty, a forensics white collar crime associate, says detecting deception often baffles the most experienced police officers, judges, security experts and other forensic professionals. "Business executives are not exempt." Fortunately, Chetty says, psychologists have been cataloguing clues to deception, such as facial expressions, body language and linguistics to help identify the dishonest. She highlights 15 possible divergences to suggest that a subject may not be telling the truth:
Decisions in dispute resolution forums likely to benefit medical scheme members
Thursday, March 22, 2012
The medical scheme industry’s practice of meeting benefits owed to members through direct payment to medical service providers has been questioned, with schemes refusing to pay service providers for accounts lodged for services rendered. Generally, the basis for such refusal is suspicion of fraudulent activity. Yet may a medical scheme refuse to pay a service provider that has lodged an account for services rendered to one of its members? The decisions in dispute resolution forums will impact on all stakeholders, including members and the medical schemes themselves.
The International Investigations Review
Tuesday, October 18, 2011
There are a number of agencies or institutions in South Africa whose mandate includes the investigation of unlawful corporate conduct. The South African police have specialised units, most notably the Directorate of Priority Crime Investigation (known colloquially as ‘the Hawks’), and the commercial crimes unit, which focuses on the investigation of more complicated white-collar crime offences. The police work closely with the National Prosecuting Authority, which is the body empowered to institute and prosecute criminal proceedings on behalf of the state.
Dispute Resolution Handbook 2011/12
Monday, June 13, 2011
Dispute Resolution Handbook 2011/12, Country Q&A
A highly effective tool for recovering creditors’ claims and legal costs
Friday, March 04, 2011
Creditors using amendments to the Insolvency Act to maximise the dividend payable to them in an insolvency need to be aware that the relevant amendments are superficial rather than substantive. The 1993 amendments to the Act’s sections 32 (1) and 104 (3) are of relevance in this context..
South Africa PLC Dispute Resolution Handbook/Arbitration Handbook 2010/2011
Monday, June 21, 2010
The South Africa PLC Dispute Resolution Handbook/Arbitration Handbook for 2010/2011
When a gift is not a gift but a bribe
Friday, April 09, 2010
With the 2010 Soccer World Cup almost upon us, entertainment and hospitality will be on the agenda of most South African corporations. With South African Anti-Corruption laws being among the world’s most stringent, firms giving and receiving gifts and hospitality need to exercise a degree of caution.
Cession of rental income – the danger of giving up too much too soon
Friday, August 14, 2009
Widespread consternation in the residential rental property market has been sparked by a September 2008 judgment of the Supreme Court of Appeal, Picardi Hotels Ltd v Thekweni Properties.
Beware the standard dispute clause! by John Brand - De Rebus January/February 2009
Thursday, May 21, 2009
Drafters of contracts who blindly put a standard dispute resolution clause into an agreement run serious risks for the parties to the contract. For example, a standard clause may refer transnational disputes to arbitration in South Africa in accordance with South African law when the parties’ interests might be better served by referring them to a court in England in accordance with English law or vice versa.