"Interviewing Techniques" Brought to Light"
By
Michael Comer
Successful
interviews of fraud suspects are 90% preparation and 10%
execution. Careful planning and rehearsal of the interview
are essential to creating the clear approach you need to
make an interview go well and to meet the needs of the overall
investigation.
Problem:
Even after you have carefully chosen the interview room,
planned the objectives of the interview, made the necessary
checks with police and attorneys, you still need to be ready
for the almost inevitable stumbling block: the suspect's
deception and stonewalling tactics.
DEALING
WITH LIES
As the interviewer, you must never let a suspect believe
that he or she has succeeded with a lie. Never call someone
a "liar". The rule is to deal with the false statement and
not attack the suspect's character generally.
If
you believe that the suspect is not telling the truth and
you want him to know you aren't buying the story, consider
using some or all of the following approaches:
•
Engage the suspect in eye contact while he is giving a false
explanation, and then quickly look away;
•
Put your hand over your mouth, or brush nonexistent fluff
off your arm, while the liar is giving an untruthful explanation;
•
Say that the suspect must have misunderstood the question
and ask it again. Say, "that cannot be correct, can it?";
•
Joke about the answer along the lines: "Come off it Bill";
•
Say, "so, to be absolutely clear, you are telling me...".
TOUGHER
MEASURES
If the suspect continues to tell lies during the interview,
or to use stonewalling or evasive tactics, you must ask
detailed questions. Repeat important questions and try to
lead the suspect into foolish, detailed falsifications which
he will soon realize cannot be justified, much less believed.
In
extreme cases you might say something like, "This is totally
unbelievable, Bill. I would like you to make a written statement
about this".
Take
down a statement, with as much detail (most of which will
be false) as possible. When the statement has been completed,
ask the suspect, "Are you sure you really want to sign this?
Do you want us to start again?" Often the answer to the
second question will be affirmative.
COMMON
CHALLENGES FROM UNTRUTHFUL SUSPECTS
Seasoned interviewers are well aware of the many stonewalling
tactics and (often) deceptive behavior of interviewees determined
to conceal the truth. Here are a few of the common challenges
posed by deceptive suspects, and how to handle them:
Challenge:
The suspect takes the attitude defined by the familiar reply,
"Are you calling me a liar?"
Effective
response: "I'm not going to get involved in an argument
with you, Mr. Smith. I am trying to find the truth and I
simply don't believe you. Now tell me..." (You should at
this point ask a direct question.)
Challenge:
The suspect resorts to: "That is slander and I am going
to sue you for that!"
Effective
response: Remain calm and respond along the lines: "That's
up to you. Now please answer this question...".
Alternatively,
you could pretend that you did not hear the interjection
and continue with the next question.
Challenge:
The suspect clams up, declaring, "I am saying nothing!"
Effective
response: "Mr. Smith, I have been in this business for a
long time. In my experience when people say what you have
just said, they have something to hide. Innocent people
always demand the right to give an explanation, now tell
me, what are you trying to hide?"
Challenge:
The suspect makes a demand like, "I want a union or legal
representative to advise me."
Effective
response: Extreme caution. This is usually a delaying tactic,
or a guilty person's excuse for not answering questions.
If, in the planning stages of an interview, such a response
appears possible, you should obtain specific legal advice
before you start the interview.
However,
in most cases the safe response is: "I don't think we have
reached that point, Bill, now please tell me...".
Challenge:
The familiar, "I don't remember."
Effective
response: "How can you say that? You haven't given the question
a single moment's thought. Now I am going to ask the question
again."
Challenge:
A spiritual assertion such as: "I swear on the Bible," or
"the life of my wife, kids" etc.
Effective
response: "In my experience, when people say that, they
are not telling the truth, and draw religion into the picture
because they know their position is hopeless. Now tell me...".
Challenge:
Frequent interruptions and long time-wasting answers.
Effective
response: "I am not interested in that, Bill, please answer
the question."
Challenge:
Body language that indicates deception.
Effective
response: Start by letting the suspect know you have picked
up incriminating non-verbal clues. Try to mimic the action.
Look at the offending movement and slowly rub your mouth
and say something like, "This is really worrying you, Bill,
isn't it?"
The
psychological effect of this is to make the suspect extremely
nervous.
Any
golfer who does not believe in the power of mimicry should,
at a critical stage of a match, make an exaggerated impression
of his opponent's swing or, better still, his putting stroke!
Challenge:
The suspect answers a question with, "What will happen if...?"
Effective
response: Be exceedingly careful not to make threats or
promises you cannot keep to induce a confession. Instead,
say something like, "I cannot say, but you know the truth
is going to come out anyway. If people have the courage
to own up, they usually get more sympathy. Now, where is
the money?" (Or some other direct question.)
OTHER
POSSIBILITIES
Obviously, the unexpected is always possible, but the golden
rule is for the interviewer to remain in control, keep cool,
deflect the challenges of deception and to move on as quickly
as possible to the next question.
Source:
Mike Comer, Chairman, Maxima Group, Plc, an international
corporate fraud investigative firm, 29 Queen Anneís Gate,
London SW1H 9BU, UK, www.maxima-group.com. Interviewing
Fraud Suspects: How to Handle Their Lies and Evasions. Mr.
Comer is also Chairman of the European Board of the Association
of Certified Fraud Examiners. www.cfenet.com.
This
article was reproduced with permission from White-Collar
Crime Fighter, April, 2001 Issue. www.wccfighter.com, toll-free
#: 800-440-2261.
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