Video & Comment

Bias is an enemy of fraud examiners and may appear in certain circumstances. For example, when a witness tries “unconsciously or otherwise, to color his testimony in favor of or against a party”. (Osborne, 2019) Generally, this can happen when there is some kind of relationship between the witness and the suspect. It can be a romantic or family relationship. Bias may also appear when a particular result in the investigation would affect the witness in some way.

Leah Lane explains during the video the importance of a fraud investigator having basic knowledge about people's behavior. One of ACFE's ethical principles requires that its criteria be free of bias or bias. This could lead him to take the wrong path in the course of the investigation and would affect the objectivity of his opinions if he had to be a witness in a trial. A reasonable doubt of the existence of bias in the testimony of a witness may invalidate said testimony. Federal Rules of Evidence do not directly address testimony bias, however, in U.S. v. Abel, the court held that when evidence of bias is shown this can detract from the credibility of the witness. (Supreme Court of the United States, 1995)

To avoid bias, fraud examiner must strictly follow the ethical principles of the profession. You should question the witness whose opinion is suspected biased and confirm the facts. When using independent proof of prejudice, hostility or interest, a suitable basis must precede it. A cross-examination of the party that is biased, hostile or interested in the situation establishes the foundation for autonomous proof.