Accountability after Decades: Challenges in Conducting Historical Investigations

马克Giuffre

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2022年6月7日

时间很重要. The longer the duration between allegation and investigation, 越难发现真相. 近20年来, our team has been tasked with what we call “historical investigations” – assignments by clients seeking to gain insight into allegations of unethical or criminal acts that occurred a long time ago.

罪责是永远的. 问责制消失得很快

事件的历史调查, 20 or even 50 years in the past carry unique challenges not typically seen in contemporary investigations. 目击者死. 记忆消失. 田地里铺满了停车场. Policies governing expected employee behaviors also change over time. Transgressions quickly swept under rugs in the past become causes for new generations taking the helm. 正义也与时间息息相关. Statutes of limitations apply to many acts, though not all. 因为这个原因, 执法机构, police and prosecutors tend to prioritize today’s crimes, 不是昨天的.

寻找能在法庭上站得住脚的证据

Getting enough evidence to substantiate 20-year-old criminal allegations “beyond a reasonable doubt” can be extraordinarily difficult. Civil and administrative employee misconduct cases are often easier to substantiate, as most of these cases are subjected to the “preponderance of the evidence” standard of proof. 正因为如此, 犯罪受害者有时向民事法庭寻求赔偿, such as in cases of sexual abuse perpetrated at an institutional level. While this standard is easier to meet, it still must be met. A good historical investigator will uncover evidence and information about the allegation for use in litigation or administrative proceedings.

当代犯罪调查追求的是什么 发现

When we investigate allegations of a wrongdoing that occurred relatively recently, we analyze the information gathered to determine possibilities of the misconduct or crime and suspects. After developing theories based on the information and forming an investigative plan, 彩宝网平台寻找可证明的事实. We then test theories against the information and evidence to identify suspects and form reasonable grounds to present to our client.

But what happens when the misconduct or crime is so far in the past that there is no physical evidence, 法医分析, open-source information or law enforcement data available from the period? An investigator must then conduct an historical investigation.

Five Challenges Confronting Many Historical Investigations

历史调查的五个独特挑战:

  • 寻找证人或其他相关人员
  • 在证人死亡后揭露事实
  • 评估错误记忆回忆的价值
  • 寻找独立的佐证
  • 根据诉讼时效决定如何进行诉讼

犯罪与. 民事或行政后果

作为历史指控的调查员, we often work closely with local or federal law enforcement personnel and prosecutors. Occasionally law enforcement will take over an investigation from us, particularly if there is a good chance they can make criminal charges stick.

在其他时候, our clients or authorities will ask us to move forward on our own when there isn’t enough evidence to prove criminal charges beyond reasonable doubt but enough for civil liability or internal administrative employee misconduct proceedings under the “preponderance of the evidence” standard.

Investigations rely on primary sources of information to build evidence in a case. 主要来源的例子包括财务记录, 电子邮件, 日记和日志, 信, 备忘录, 照片, video, 政府记录, 以及与证人或其他人的面谈.

作为历史研究者, we collect as many insights as possible – even information that may seem trivial or irrelevant to some – to help jog a person’s memory and trigger recall. Whether it’s only a snippet or a stream of incriminating “bread crumbs,” you’d be surprised how physical evidence of wrongdoing can break down a suspect’s defenses and denials.

Conducting an historical investigation often involves finding witnesses or other parties who can corroborate a version of events that took place decades in the past. 使用一种称为“跳过追踪”的定位方法,” an investigator can track down a witness or other party for an interview or to obtain primary sources. Locating these individuals decades after an incident can be incredibly challenging, especially when an individual has moved to another country, 改变他们的身份或去世.

彩宝网平台的历史调查员在这里等你

无论调查多么复杂或具有挑战性, our highly qualified investigators are committed to objectively uncovering critical facts and insights that can substantiate historical allegations and provide peace of mind for victims and their families. 了解更多 彩宝网的服务 以及彩宝网平台如何支持你们的调查.

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作者简介

马克Giuffre
马克Giuffre, CFE, CAMS, CPP is a Senior Director with a background in investigations. 他受过训练, 有财务方面的经验和证书, 欺诈, 洗钱, 资产没收和安全计划.