Notarial Authentication - In a World of fake news and many fake things

Published: 16 November 2021

Introduction 

The underpinning purpose of Notarial Authentication of documents is the principle of authenticity. This means that the Notary's role is to confirm the identity of the parties signing the agreement in his/her presence or to perform reasonable checks to establish that the agreement is authentic and what it purports to be.

Transactions/actions requiring Authentication  

In the following instances, documents require Authentication, for example:  Offshore property is purchased or sold; Money is transferred to or from an offshore account; When contracting with a foreign party and the agreement cannot be executed in one jurisdiction; You have applied for a position to work abroad; Transporting your minor child without the other parent being present and as such the consent of the other biological parent is needed.   In South Africa, inter alia, according to Government Notice R277 3 March 1967, read with the Hague Convention regarding abolishing the Requirement for Legalization for Foreign Public Documents (also referred to as the Apostille Convention or an Apostille Treaty); documents must generally be authenticated by a Notary Public and an apostille or equivalent certificate attached for it to be acceptable for use abroad.    

Virtual and Electronic Authentication 

When certifying a copy of an original document, you must make a note of section 18 read with section 14 of the Electronic Communications and Transactions Act 25 of 2002 as amended (the "ECT Act"), which provides considerations of when an electronically generated document can be certified to be a true original.  Section 14 of the ECT Act provides as follows:"Where a law requires information to be presented or retained in its original form, that requirement is met by a data message if- (a) the integrity of the information from the time when it was first generated in its final form as a data message or otherwise has passed assessment in terms of subsection (2); and (b) that information is capable of being displayed or produced to the person to whom it is to be presented.  (2) For the purposes of subsection 1 (a), the integrity must be assessed-(a) by considering whether the information has remained complete and unaltered, except for the addition of any endorsement and any change which arises in the normal course of communication, storage and display; (b) in the light of the purpose for which the information was generated; and (c) having regard to all other relevant circumstances." 

Fraud 

However, like many institutions, notaries are not exempted from "fraudsters" or "scammers" particularly now in a virtual environment. According to the National Notary Association, notaries should guard against the following: "Notarizing a document without the signer being present.Notarizing the signature of an imposter by failing to identify them properly.Notarizing a signature of someone unaware of what they are signing or being pressured to sign.Giving the scammer access to your Notary seal and/or journal records." 

Conclusion 

It is clear that a mere assumption on face value is not sufficient. Thus, what is the best practice in the responsibility of Authentication: Perform a check on the identification of the person who will be signing the document, this should include visual checks for discrepancies on the identification document, and further should consist of checking with the issuing authority whether same is still valid and authentic;Ensure that the person signing is signing willingly and understands the document they are being asked to sign;Checks against electronic documents can include a database search to compare to establish authenticity. Notaries must ensure that reasonable steps to safeguard the Authentication process. Reasonable and responsible steps should be taken to identity of parties and the documents before putting pen to paper. In addition, not to take risks such as certifying a document based only based on trust in the person or familiarity with the person and finally, protecting your stamp, seal and protocol against unauthorised access. 

https://www.nationalnotary.org/notary-bulletin/blog/2018/07/5-scammers-notaries-need-to-watch-out-for?utm_campaign=bulletin20210719&utm_medium=social&utm_source=linkedin&utm_content=5Scammers: accessed 22 July 2021

Sinister group impersonates well-known Aida Persian Clairvoyant

Published: 16 October 2019

It has recently come to light that a syndicate operating out of Cape Town are impersonating well-know and trusted psychic, Aida Persian Clairvoyant who has been regularly appearing as an esoteric expert, psychic, medium in South African media over the past 15 years.

Aida Coertse known as Aida Persian Clairvoyant, who is originally from Iran, has been contacted by various clients and potential clients over the past weeks who have had the unfortunate luck of dealing with this syndicate. “When I was first alerted to the other websites and phone numbers, I simply thought it was someone trying to make money off of my name, that I have spent many years establishing,” says Aida. “However, what we have subsequently learnt since then has caused even the hairs on my neck to stand up, these people are simply and purely evil!”

A lady, who wishes to remain anonymous due to fear of repercussions from the syndicate, has since dealing with them had her beloved family pet poisoned to death and their lives threatened with harm from evil spirits if they do not sell their evil home and then put the monies from the sale into an specific accounts for the syndicate to “cleanse” to ensure the evil spirits no longer attack them! Throughout dealing with these people they have asked them for tens of thousands of rands in order to help them and when the lady has said they do not have the monies, they have been told to sell their belongings such as furniture or even car to gather the amount, that’s if they want to be protected from the evil.

Another client of Aida’s, who had not seen Aida in a few years, contacted the syndicate thinking it was Aida. The African sounding lady that she spoke with, claiming to be Aida, wanted this lady to please meet her in a deserted area in order to do the reading and work she required. Having worked with Aida many years ago, the lady was immediately suspicious and contacted Aida via her Facebook page.

Another client contacted this person and clearly asked if this lady is Aida from Iran and if she is Aida Persian clairvoyant and this person insists yes she is the same Aida, after another search she managed to get hold of the real Aida and shared her story.

This matter has been reported to the local police station who advised that the syndicate sounded very much like a criminal organisation with many other possible criminal activities such as black witchcraft, theft, money laundering, drugs, prostitution and human trafficking, the matter has been handed to the fraud unit to be further investigated.

“It’s my responsibility to warn the general public, clients and potential clients about such fraudulent activities” Says Aida Persian Clairvoyant. “When people contact me to help them, many of them are desperate and have tried everything they can to sort out their challenging situation. To think that someone could take advantage of vulnerable people in this situation makes me ill.”

“I would like my clients to know that I will never ask them to meet in peculiar deserted places in order to do a reading, I will also never send a group of people or even one person to their house in order to do work for me. I will never ask personal questions such as who lives in their homes, how many people lives there, when do they go in and out of the house, how much do they earn, if they own a property, and if so what is the value of the property, and how much do they still owe to the bank,” explains Aida.

“I am the Aida Persian Clairvoyant, I have acquired many qualifications through years of research and study in paranormal and spiritual field, I have my Master’s degree in metaphysics, Advanced Healing qualifications from the Healing Association of Southern Africa and have acquired Masters Level in Vusui, the Tibetan art of healing Reiki. I am a fully qualified and gifted alternative practitioner, and as a light worker I will never do such things or ask for huge amounts of money to work, my rates are clearly indicated on my website, I am the only person in this operation. I use my gifts to help not only humans, but also animals and nature, and never to harm!” says Aida.
“My advice to public is to be very cautious when they make a booking for a reading with me. Use appropriates channels to find me. Also please make sure you ask for a video call so you can see me and identify me, there are plenty of my photos on the net, my google account my Facebook as well as my Instagram” says Aida.
If you have been affected by this syndicate, please report the matter to your local police station and open a case.
To contact Aida please visit:
Website - https://www.aidapersianclairvoyant.com/
Facebook - @AidaPersianClairvoyant
Instagram - @Aida_persianclairvoyant
ENDS

 

What Are a Fraud Investigator’s Duties?

Published: 02 July 2019

Fraud investigation services are becoming more and more necessary as businesses boom as the economy shifts, pushes and pulls. This means that there are multiple opportunities for fraudulent activities that continue to evolve, especially with the rise of the internet. Fraud investigations now require new fraud investigators to take on new responsibilities. This article discusses some of the actions considered to be the duties of a fraud investigator.

Identifying Fraudulent Behaviour

The quintessential characteristic that companies who provide fraud investigation services look for in the fraud investigators they hire is strong intuition. This instinct or “gut feeling” is what kicks off successful fraud investigations, as knowing where to look is the first step of any fraud investigation. No one wants a fraud investigator who doesn’t know when they are barking up the wrong tree or one who walks away from companies riddled with fraud. Knowing when you are onto something is key.

Gathering Evidence

Fraud investigations begin once there is enough suspicion that unsavory activity is afoot. Fraud investigation services should be called in the moment numbers don’t add up the way they should. In most cases, this is a strong indication that there is a reason for suspicion.

Gathering evidence during fraud investigation can include anything from documents and financial statements to photographs of property and video footage. This will allow the fraud investigator to identify the vulnerabilities of a company and the assets that are most at risk of being targeted by fraudulent activities.

Interviewing Witnesses

Fraud investigators must be as diligent in their interviewing process as they are while gathering evidence. Fraud investigations often involve multiple and extensive interviews with witnesses. Often all that is required to be considered a witness in fraud investigations is that the person in question works at the company under investigation. You may not have literally “witnessed” this activity, but it will help the fraud investigator to determine exactly where the wrongdoing lies.

Compiling Reports

This is, arguably, the most important step: to compile a report once the fraud investigations are nearing completion. This makes it clear to the client exactly what activities have taken place and whether they are indeed fraudulent.

Professional fraud investigation services can put an end to these activities before they do serious and irreparable damage to your business.

Anti-Money Laundering, Fraud & Financial Crime Conference

Published: 17 October 2016

2016’s largest AML gathering for SADC professionals

The direct costs of non-compliance can be high, not forgetting the risk of reputational damage and the loss of business opportunities and confidence incurred. There has been no better time for management and executives to take a leading role in mastering corporate governance and ethical leadership by attending a leading industry forum such as the Anti-Money Laundering, Fraud & Financial Crime Conference.  

The Annual Anti-Money Laundering, Fraud & Financial Crime Conference is the definitive event to attend to update your AML strategy for future developments affecting your operations in Africa.  

Attend what promises to be the definitive AML event of 2016 attended by over 150 senior industry thought-leaders & forward-thinking AML practitioners. Network with participants including representatives from the following organisations and departments : ABSA Regulatory Control & Risk Management * Barclays Bank Big Data, Analytics & Insights  * Barclays Africa Financial Crime Compliance  * Nedbank Retail Risk * Nedbank Corporate and Investment Banking * Nedbank Client Onboarding  * Nedbank Private Wealth * Standard Bank Group Compliance Assurance * Standard Bank Group Money Laundering Surveillance * Standard Bank Group Internal Audit * Standard Bank Governance & AML – Rest of Africa * GBS Mutual Bank * Sasfin Bank Forex * Investec Compliance * Discovery Health * South African Reserve Bank * KPMG * Cliffe Dekker Hofmeyr * PwC * Hogan Lovells * Firstrand * ENS Africa * ACCPA  * Fircosoft * J2 * SAS * Experian * Frame Consulting * Master Data Managment * Deloitte * EY * IQ Business Group to name a few...

As South Africa’s leading financial conference organisers, Trade Conferences International has gathered a highly qualified array of experts from various financial institutions in South Africa to address attendees at the Anti-Money Laundering Conference 2016.