FCIM204080 - Where CDF offer is made 30 June 2014 onwards: action following issue of Code of Practice 9: investigation under COP9

There will be cases where the fraud disclosed is relatively straightforward and easy to quantify and very little further work is needed to finalise matters following receipt of the Outline Disclosure. Where this is the case you must look to resolve matters as quickly as possible by

• agreeing with the customer what is owed
• arranging for the customer to make a payment
• asking the customer to make their Formal Disclosure, see FCIM204090.

In such cases, you need to consider whether a settlement meeting is necessary. You may feel that a meeting is required in order to discuss the seriousness and consequences of the customer’s behaviour, such as Managing Serious Defaulters (MSD) and Publication of Deliberate Defaulters (PDDD).

In most other cases you will need to see much more detail before you can accept that a full disclosure of all irregularities has been made, and, before it is appropriate to ask the customer to sign the

• Certificate of Full Disclosure
• Statement of Assets and Liabilities
• Certificate and schedule of all financial accounts held, and
• Certificate and schedule of all financial cards held

all of which comprise a formal disclosure.

In these cases, you must ask the customer to arrange for a Disclosure Report to be prepared and to adopt it as their report of irregularities. You must only do this when the Contractual Disclosure (CDF) offer has been accepted.

You must thoroughly investigate any case where

• an incomplete Outline Disclosure is made
• irregularities are denied
• the customer is not going to cooperate.

Once you have decided that this will be an investigation under COP9, how you proceed will depend on the particular circumstances of each case. In any case you should usually seek an early meeting.