Developing a plan to combat corruption in the workplace
This SAQA accredited three-day training course will enable management and executives on how to best detect, prevent and react to white collar crime in the workplace. We blend the legal aspects and compliance requirements of institutions (both public and private) with sound fraud and corruption risk management and relevant corporate governance principles, as well as Ethics training. This SAQA accredited training provides 5 credits at NQF level 5.
This SAQA accredited training course provides 120 credits at NQF level 7, which will -
- Enable attendees to understand the roles of accountants, auditors, lawyers and fraud examiners in the prevention, detection and investigation (reaction) to fraud and corruption
- Enable attendees to internalise applicable regulatory frameworks and associated compliance risks that governs white-collar crime, including common law principles
- Sensitise delegates on all aspects of employee and management fraud and corruption
- Expose delegates to a wide range of case studies relating to economic crime
- Provide guidance on investigative techniques and tools (including rules of evidence in the workplace)Expose delegates to best practices in fraud& corruption risk management
Assist delegates to pass the Certified Fraud Examiners exam.
Conduct a disciplinary hearing
This five-day SAQA accredited training course provides 15 credits at NQF level 5, encompassing -
- Relevant labour law legislation and case law applicable to disciplinary hearings (including pre-hearing issues such as suspension) Investigation of misconduct
- Reporting on investigations
- Pre-hearing matters such as suspension, disclosure of reports etc.Proper preparation for holding hearings
- Conducting hearings / presenting evidence for misconduct and/or incapacity within the ambit of the law
- Post-hearing administration.
A basic understanding of Criminal Law and process for forensic investigators
This one-day workshop will enable attendees to:
- Understand Criminal Law and process, with case law customized for forensic practitioners
- Understand and comply with law of evidence imperatives
- Effectively liaise with law enforcement agencies to facilitate justice
- Understand the court system in South Africa, recovery of the proceeds of crime through the criminal justice system, complainants’ rights in plea bargaining etc.
Investigating Corruption & related concepts
Corruption is notoriously difficult to prove. Whilst the Prevention and Combating of Corrupt Activities Act, No 12 of 2004 is considered to be a leading instrument internationally, many investigators need guidance to distinguish between all the different “corrupt activities” created therein.
- The Prevention and Combating of Corrupt Activities Act, No 12 of 2004
- The different corrupt activities, presumptions and tools
- Investigative methodologies for corruption cases (Lifestyle Audits etc.)
- The differences and similarities between conflict of interest, fraud, corruption, nepotism, theft and asset misappropriation, forgery and uttering etc.
Understanding the impact of corporate governance & ethics on the deterrence of fraud and corruption (tailored dependent on private & public sector)
In most organisations, compliance with corporate governance principles (specifically with regard to creating and maintaining an ethical environment) is no longer optional. In addition to brand damage, other negative consequences of non-compliance include qualified financials, criminal prosecution, removal from office / dismissal, administrative fines etc. We demystify the links between King IV, Ethics and Fraud and Corruption prevention. Forward-thinking organisations will maximise stakeholder value through regulatory compliance and the implementation of best practice.
Developing relevant policies and procedures to ensure regulatory compliance (tailored dependent on private & public sector)
A one-day workshop providing delegates with the capacity to draft and implement policies and procedures to ensure that their institution is regulatory compliant with governance principles preventing unethical conduct. The workshop includes –
- Should internal policies be rules – or value based? The pro’s and cons …
- Do your policies comply with the regulatory framework applicable to you and your regulatory framework?
- Is your whistle-blowing policy compliant with the Companies Act and the Protected Disclosures Act?
- Is your gift policy and disclosure of interest / ethics policy compliant with the Prevention and Combating of Corrupt Activities Act, No 12 of 2004?
- Is your disciplinary code and procedure conducive to zero tolerance as envisaged by King IV? This includes best practice in procurement and King IV.
The art of drafting effective forensic reports
A forensic report that is accurate, complete and professionally drafted is key to enable users to act on the report, whether it be management for addressing culture and control weaknesses, to institute actions against suspects, or to make informed decisions. A properly drafted report is also crucial to withstand scrutiny and cross-examination in dispute resolution forums. Various interactive case studies.
A forensic practitioner’s guide to the Law of Evidence
Not limited to criminal admissibility, but also admissibility requirements in labour law and civil dispute resolution forums. The word ‘forensic’ means ‘court-driven’. How evidence was obtained and maintained, is every bit as important as the evidence itself.
Delegates will receive training in aspects of the Law of Evidence applicable in disciplinary hearings, civil and criminal courts such as the right to privacy, the impact of POPI, hearsay evidence, relevance & admissibility, admissions and confessions, documentary and real evidence, search and seizure, evidence in cyber space, admissibility of polygraphy (limited to disciplinary matters), various case studies to demonstrate this practically; as well as current case law on why cases are lost and how the courts (including the Labour Court in disciplinary matters) interpret the principles.
Fraud and Corruption risk management
This course capacitates delegates to understand the methodology of how to conduct a Fraud and Corruption Risk Assessment through a gap-analysis approach. It includes the limitations of controls, how to identify, assess, evaluate and to categorise and mitigate fraud and corruption risks. It also addresses what the recommendations from a fraud risk assessment should cover and how it should be presented, monitoring the implementation plan, monitoring vis-à-vis accountability to implement (segregation as per King III). This course includes how to draft a Fraud Response Plan and Fraud Prevention Plan.
Fraud and Corruption awareness sessions
Any organisation’s biggest challenge is to make itself a hard target for fraudsters and corrupt elements. The first line of defence is its employees / stakeholders. This session will enable learners to better understand what to be on the look-out for (i.e. fraud/corruption etc.) and its red flags in each business cycle, what to do (and not to do) when something is suspected. A cradle to grave solution regarding whistle-blowing (this aspect can be combined with whistle-blowing).
Sensitisation of employees regarding whistle-blowing (roll-out of hotlines)
Training is provided on the importance of whistleblowing, ensuring organisations know:
- Who must report?
- What must be reported?
- When must it be reported?
- Why are reports necessary?
- How should reports be made?
(can be combined with awareness sessions)
The art of interviewing
A skilled interviewer requires the ability to change an approach based on the feedback from the individual sitting in front of him or her. Planning, methods of questioning, various types of questions, body language, verbal and behavioural clues, how to deal with confessions and admissions and practical tips are included from lessons learnt.
How to build a rapport with the interviewee and congruency in interviewing techniques are pillars that are covered in detail.
White collar crimes: Defining the offences
Forensic investigators cannot practice effectively if they do not understand the tools of their trade.
- Unpacking the legal theory on the white collar crimes of fraud, theft, forgery and uttering and money laundering
- Touring through the Prevention and Combating of Corrupt Activities Act, No 12 of 2004 and its offences
- Offences in terms of the Companies Act
- How courts interpret the offences
The differences and similarities between conflict of interest, fraud, corruption, nepotism, theft and asset misappropriation, forgery and uttering etc.
Corruption, fraud and other offences in the procurement and supply chain cycle (tailored dependent on public or private sector)
The procurement and supply chain functions (including contract management) are the highest fraud and corruption risk areas.
This workshop will enable attendees to understand corruption, fraud and other compliance risks in the procurement and supply chain functions, and how to investigate, prevent and detect it. We delve into the numerous forms of manipulation of procedures, and tailor the programme between regulatory frameworks applicable to local government (MFMA, Systems Act and Structures Act), and other organs or State (PFMA).
National Treasury Regulations issued in terms of these legislative measures, and the implications of the Promotion of Administrative Justice Act on public sector procurement. An added topic (not compulsory) covers procurement in the construction industry (public sector infrastructure – where the cidb’s Standard for Uniformity applies to all organs of state and contractors in the construction industry).
This practical session focuses on capacitating investigators with regard to money-laundering, and what criminal offences are committed. It includes the process of money-laundering from cradle to grave (from placing, layering up to re-introduction) and includes numerous practical, real case studies of how money is and can be laundered.
Recovering of ill-gotten gains: How to get your money back – (tailored depending on public or private sector)
Your organisation has lost money due to the dishonesty or mere negligence of another person. Learn what the best and most cost-effective way is to recover funds, dependant on the circumstances of each case. It includes various different civil actions at your disposal, recovery through the criminal justice system, AoD’s, recoveries through Pension Funds or per contract etc.
The course includes specific clauses in the public sector regulatory framework pertaining to the duty and method of recovering funds. It includes various practical case studies.
The do’s and don’ts of testifying in legal proceedings
This session provides guidance to delegates to enable them to testify in various legal proceedings (including criminal law / civil / disciplinary proceedings and any quasi-judicial proceedings). The course includes preparation, what you should and should not do, what the concept independence and objectivity really means, followed by a MOOT court interactive case study.
Prosecuting under the MFMA and the PFMA in criminal forums
A two - day workshop specifically designed for criminal prosecutors, by ex-prosecutors; enabling them to direct investigations under the PFMA and the MFMA, and to draft charge sheets accordingly. The duties of officials under the act(s), the various criminal offences under the act(s), how to analyse and interpret evidence etc. Learn who you can prosecute, for what, when and how.
Acting as a trustee for a medical aid scheme
The duties of a trustee under a medical aid scheme – avoiding the pitfalls. What are the legal requirements and what is ‘fit and proper’? How are the medical aid schemes applying this? The current interpretation in case law.
Planning a Forensic Investigation
This session provides forensic practitioners with the capacity to plan an investigation, draft investigation plans, allocate responsibility and time lines based on best practice and lessons learnt. This is followed by an interactive case study allowing delegates the opportunity to hone their skills.
For non-accountants. This course enables investigators with the capacity to understand the basics of accounting as the language of business. This includes explanations of the different branches of accounting, accounting versus bookkeeping, annual financial statements and recording of transactions.
Bank Statement Analysis
This course provides delegates the capacity to understand what bank statements can tell you in a forensic investigation. This includes methods to establish income, locate assets, preparation of Net Worth Analysis, identify and locate illegally obtained funds and how to interpret what is NOT on the bank statements.
This lecture can be separate or may be included in a forensic accounting workshop.
Profiling of white collar criminals
Effective intelligence is the determining factor in a successful forensic investigation. This lecture demonstrates how to profile a suspect and what sources may be used legally. Delegates will learn what information is available in the public domain, and how to legally obtain these various information, for use during any investigation.
Investigative tools and the right to privacy
This lecture details the various investigative tools such as polygraphs, search and seizure, intercepting and monitoring, handwriting analysis and document examination, confessions and admissions, IT investigations, cell phone analysis and demonstrating the do’s and don’ts as interpreted through relevant case law. This is measured against the individual's constitutional right to privacy.
Incident Response Handling
This enables delegates to correctly react to a report of alleged unethical conduct in the workplace. They will know what initial steps to take, and not to take, in order manage the employer’s risk, reputation and assets. This course will highlight the difference between a suspicion and proof.
Fraudulent Investment Schemes (Ponzi/Pyramid Schemes)
This course will enable the learner to understand and conceptualise the South African regulatory framework applicable to these types of schemes. Includes the following:
- Different schemes’ structures and modis operanda of scheme operators
- Sources of evidence and how to secure it
- Analysis of evidence (including cash flow analyses / quantification of important data / figures / numbers)
- Recourse to interim and final measures in terms of-the applicable regulatory framework with the objective to prevent dissipation of assets
- Continuance of the scheme etc.
Investigating unethical conduct in the medical aid scheme industry
This one-day course is specifically tailored to capacitate role-players in the medical aid scheme industry to effectively detect and investigate corruption, fraud and other unethical behaviours in the medical aid scheme industry. It includes identifying specific offences, reporting requirements, recovery of ill-gotten gains and sanctions
9 Key Features to making your organization a hard target for the ethically deprived
This course covers THE 9 KEY FEATURES to effectively deter fraud and corruption.
It includes the responses from the most effective organisations in combating fraud and corruption. These responses were analysed and reduced to 9 key organisational features that significantly reduces fraud losses. The emphasis is on cultural controls and not on increasing the load of detailed systematic or supervisory controls. It overlaps remarkably with King IV prescripts and the effective governance of Ethics.