Module 4 - Worley - Evidence

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Module 4 - Evidence | Christina Worley – 2/4/2024 Module 4 – Evidence Introduction In 1985, Alliu Kazeem, a Chemical Bank employee was suspected of fraudulently processing numerous cash advances on Visa and Mastercard credit cards. Additionally, Kazeem was suspected of submitting fraudulent credit card applications to banks and other credit card issuers using stolen personal information. This assignment will review the various types of evidence that could be identified to build and support a case against Alliu Kazeem. Documentary Evidence 1. Original Chemical Bank Cash Advance Drafts – The original Chemical Bank Cash Advance Drafts are a key piece of documentary evidence. The Cash Advance Drafts were used to determine if Kazeem’s handwriting was on them. As an investigator, I would request that Chemical Bank retrieve all Cash Advance Drafts processed by Kazeem from his start of employment to current date of investigation. a. Advantages – The advantage of using the original Chemical Bank Cash Advance Drafts processed by Kazeem is that it will provide a history of Kazeem’s processing transactions at Chemical Bank. This evidence can be used to determine patterns of transaction processing by Kazeem. b. Disadvantages – This documentary evidence simply shows a history of Kazeem’s transactions and not necessarily any fraudulent activity. The Chemical Bank Cash Advance Drafts need to be further analyzed to determine which ones were fraudulently processed by Kazeem.

Module 4 - Evidence | Christina Worley – 2/4/2024 2. Alliu Kazeem Handwriting Samples – In order to prove that Kazeem was committing credit card fraud, his handwriting needs to be compared to the handwriting on the Cash Advance Drafts. Samples of Kazeem’s handwriting can be obtained from: a. Chemical Bank Employment Application – Kazeem’s Chemical Bank employment application can be used as a specimen of his handwriting as the application had to be filled out by hand and would also have his signature on it. b. Chemical Bank Timecard – Kazeem’s time card can be used as a specimen of his handwriting because it contains examples of Kazeem’s handwritten numbers. c. Other Chemical Bank documents – As a bank teller, Kazeem sometimes had to write on banking documents. These documents should also be submitted and analyzed as specimens of his handwriting. i. Advantages – The advantage of this documentary evidence is an important one. Kazeem’s handwriting can be compared with the handwriting on the Cash Advance Drafts to prove that he was processing fraudulent transactions. It is important as an investigator to have multiple specimens of Kazeem’s handwriting available for the Crime Laboratory to review. In the Postal Inspection Services Crime Laboratory Examination Report, Document Analyst, Edward J. Smith noted that Alliu Kazeem could be identified as writing the questioned entries for exhibits Q-5 through Q-9 (1985). Biegelman had submitted multiple specimens of Kazeem’s handwriting for review, so it is important to have more than one or two samples of the person’s handwriting.

Module 4 - Evidence | Christina Worley – 2/4/2024 ii. Disadvantage – The disadvantage of this type of documentary evidence is sometimes the handwriting specimen cannot be linked to what is being investigated. For example, Document Analyst Smith noted in the Crime Laboratory Examination Report, in reference to exhibits Q-1 through Q-4 and Q-10, “Some similarities were observed to exist between the questioned entries appearing on the exhibits listed below. The similarities noticed were general in scope, non-specific, and less than what is required for an identification using only the known specimens provided as comparison data” (1985). Subtypes of Documentary Evidence 1. Chemical Bank Cash Advance Drafts suspected to contain Kazeem’s handwriting - Once all of the Cash Advance Drafts processed by Kazeem were received, I would look for patterns, such as multiple large Cash Advance Drafts requested by the same banking “customer”. For example, in Biegelman’s Request for Document Examination, exhibits Q1-Q4 were Chemical Bank Cash Advance Drafts in the name of John M. Flynn (1985). These were Drafts that were suspected to have Kazeem’s handwriting on them and will be submitted along with Kazeem’s handwriting specimens for comparison. a. Advantage – This is one of the most important pieces of evidence needed for the investigation and the advantage of having it cannot be overlooked. The Cash Advance Drafts that were suspected to have Kazeem’s handwriting on them are a part of what Biegelman sent to Postal Investigation Services to be compared with Kazeem’s handwriting specimens. The fact that the Crime Laboratory Examination Report (1985) was able to link Kazeem’s handwriting with some of

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Module 4 - Evidence | Christina Worley – 2/4/2024 the Cash Advance Drafts help to prove that Kazeem was involved in fraudulent credit card activity. b. Disadvantage – One disadvantage of this type of evidence is that it requires expert analysis for authentication. Biegelman himself was not able to compare the Cash Advance Drafts to Kazeem’s handwriting and had to send the evidence to the Postal Investigation Services Crime Laboratory to be analyzed. 2. Original Credit Card applications – Kazeem was suspected of fraudulently submitting credit card applications with stolen personal information. The Postal Investigation Services Crime Laboratory returned the Crime Laboratory Examination Report (1985) and Alliu was identified as writing entries for exhibits Q-5 through Q-9 and similarities were observed to exist in the other exhibits. The original credit card applications that Kazeem was suspected of submitting should be obtained and submitted to the Crime Laboratory to see if the writing on the application matches Kazeem’s handwriting specimen. a. Advantage – The advantage of having the original credit card applications is that these too, can be analyzed and compared against Kazeem’s handwriting specimens and the Cash Advance Drafts that Kazeem was suspected of fraudulently processing. If the credit card applications were found to have Kazeem’s handwriting on them, this would serve as further evidence in the case against Kazeem. b. Disadvantage – The credit card applications must be obtained externally from Chemical Bank. There could be difficulty obtaining the applications from the credit card issuers and banks; maybe the applications no longer exist or were

Module 4 - Evidence | Christina Worley – 2/4/2024 destroyed. Also, the credit card issuers may require a subpoena to release the documents. 3. Credit Card Statements – As the investigator, I would reach out to the credit card issuers and request statements to compare with the Cash Advance Drafts that Kazeem was suspected of processing. a. Advantages – The advantage of having the credit card statements is that these documents will help to corroborate the fraudulent transactions and create a financial trail. b. Disadvantage – Like the credit card applications, the credit card statements must be obtained externally from Chemical Bank and may require a subpoena in order to release the documents. 4. Postal Investigation Services Crime Laboratory Examination Report – After Biegelman submitted his Request for Document Examination (1985), which included the original Chemical Bank Cash Advance Drafts for multiple victims and multiple specimens of Kazeem’s handwriting, he received the Crime Laboratory Examination Report back from Document Analyst, Edward J. Smith. In the report, Smith identified Kazeem as writing the questioned entries, exhibits Q-5 through Q-10 and found some similarities between Kazeem’s handwriting specimens and the other exhibits (1985). a. Advantage – The Crime Laboratory Examination Report is a key piece of evidence as it directly links Kazeem to some of the exhibits. This is proof that Kazeem’s handwriting was on the Cash Advance Drafts. Presenting this evidence, along with the other evidence corroborating the fraud strengthens the case against Kazeem.

Module 4 - Evidence | Christina Worley – 2/4/2024 b. Disadvantage – In some of the exhibits submitted for review, Smith was not able to positively identify Kazeem’s handwriting on the Cash Advance Drafts; Smith stated there was similarities, but “less than what is required for an identification” (1985). Although there is strong evidence of Kazeem’s handwriting on some of the exhibits, it was not there for all of them. This may be argued in court that it is not Kazeem’s handwriting. Testimonial Evidence Testimonial evidence can be collected through investigative interviews. According to The Conference of International Investigators, the General Principles for Testimonial Evidence states, “Investigators should make every reasonable effort to verify and corroborate the veracity of the information obtained to be able to withstand further scrutiny” (2021). 1. Witness Statements – As an investigator, I would interview and obtain statements from Kazeem’s coworkers, or anyone else that help provide evidence relevant to the case. Subtypes of Testimonial Evidence 2. Victim Testimony – Obtaining statements from Kazeem’s victims could help to further prove that they were unaware of the unauthorized credit card transactions. 3. Informant Testimony – Obtaining testimony from anyone that may have been involved with the credit card fraud along with Kazeem or has knowledge of Kazeem’s actions could be valuable evidence for the case. a. Advantages – As an investigator, it is important to interview all of Kazeem’s coworkers, supervisors and managers to determine if anyone could provide insight into Kazeem’s actions or had firsthand knowledge of the fraudulent

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Module 4 - Evidence | Christina Worley – 2/4/2024 activity. Testimonial evidence has several crucial functions: establishing facts, proving intent, corroborating or challenging other evidence, and providing context (Law Offices of Jason Bassett, n.d.). b. Disadvantage – Eyewitness testimony is not always accurate and “if a witness provides mistaken testimony, it can lead to a wrongful conviction” (Morin, 2023, para. 7). Additionally, testimonial evidence can be viewed as “subjective compared to physical evidence since it hinges on a witnesses recollection or interpretation, which may be incomplete or prone to inaccuracies” (Law Offices of Jason Bassett, n.d.). Digital Evidence 1. Security Camera Footage – As the investigator, I am going to request Chemical Bank’s security camera footage for the dates in which Kazeem processed fraudulent Cash Advance Drafts. This will, (1) prove that the victims of the fraud were not located inside Chemical Bank on the days fraudulent transactions were processed by Kazeem, and (2) show that Kazeem processed the transactions on his own. a. Advantage – Video analytics can help to support this process in a quick and accurate manner. The speed of video analytics can help save time and resources (Security 101, 2022). If there is video footage of Kazeem processing the fraudulent Cash Advance Drafts, it will provide tangible evidence of a direct link between Kazeem and the bank fraud. b. Disadvantage – There are some concerns when it comes to security camera footage: poor extraction techniques, privacy concerns, and technical difficulties can occur. Additionally, any video footage needs to be properly obtained, or it can

Module 4 - Evidence | Christina Worley – 2/4/2024 be deemed inadmissible in court. There also needs to be a chain of custody that includes “proper documentation of how the video evidence is stored, who has handled the evidence, and who has had access to it” (Security 101, 2022, para. 7). Lastly, there can be timestamp errors that will ruin the integrity of the video evidence (Security 101, 2022). 2. Geolocation Data – Geolocation is defined as, “the use of technology to track locations through GPS, IP address, Wi-Fi access of an electronic device” (Wasan, 2022). Basically, a bank will adopt a location-based surveillance system, which will prevent transactions outside of a certain radius. If a transaction occurs outside the radius, it is easier for the bank to identify fraud. In this particular case of credit card fraud, the geolocation data could be accessed to determine if the victims were inside or outside of the radius of the bank. a. Advantage – The geolocation data will provide the location of the card, as well as the cell phone or device. The geolocation can also “determine the distance and time between transactions, as well as identify any unusual transaction patterns” (Wasan, 2022, para. 18). If the geolocation data shows that the victims were outside the radius of the bank, it would be additional evidence that the victims were not aware or even present for the fraudulent processing of the Cash Advance Drafts. b. Disadvantage – As the investigator, I need to ensure that I have authorized access to the geolocation data. Unauthorized access can lead to privacy, surveillance, and transparency concerns (Datt, 2023).

Module 4 - Evidence | Christina Worley – 2/4/2024 References Conference of International Investigators. (2021). General principles for testimonial evidence. Retrieved from chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.ciinvestigators.org/ wp-content/uploads/2021/11/CII-General-Principles-for-Testimonial-Evidence- 21stCII.pdf Datt, S. (2023, July 24). The dark side of location tracking: unveiling the negatives and risks. Retrieved from https://www.linkedin.com/pulse/dark-side-location-tracking-unveiling- negatives-risks-shelvin-datt/ Grand Jury Indictment of Alliu Kazeem, United States of America v. Alliu Kazeem, No. WP- 3133/2, (United States District Court, Southern District of New York). Law Offices of Jason Bassett. (n.d.). What is testimonial evidence? Retrieved from https://jbassettlaw.com/what-is-testimonial-evidence-in-new-york/ Morin, A. (2023, December 18). Eyewitness testimony: reliability and examples. Retrieved from https://www.verywellmind.com/can-you-trust-eyewitness-testimony-4579757 Postal Investigation Services. (1985, July 3). Crime laboratory examination report. Retrieved from https://canvas.asu.edu/courses/173317/pages/module-4-learning-materials? module_item_id=12383792

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Module 4 - Evidence | Christina Worley – 2/4/2024 Security 101. (2022, April 20). Challenges when dealing with video surveillance footage as evidence in court. Retrieved from https://www.security101.com/blog/challenges-when- dealing-with-video-surveillance-footage-as-evidence-in-court Wasan, N. (2022, February 2). How banks can combat fraud using geolocation applications. Retrieved from https://www.jellyfishtechnologies.com/geolocation-technology-in-banks/

Module 4 - Worley - Evidence

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