Our cases studies: inventory discrepancies

THE FACTS

A company in the retail electronics sector suspected that an employee in one of its stores was behaving illicitly, given that there were inventory discrepancies.

OBJECTIVE

To ascertain potentially criminal conduct by disloyal employees in order to protect the company’s assets.

INTERVENTION

After careful study of the case, Capta was hired to investigate and installed hidden surveillance cameras in the store in question.

LAW

LAW Italian High Court sentences:  sentence no. 2890 of 22/01/2015  sentence no. 20722 of 18/03/2010  sentence no. 34842 of 12/07/2011

CONCLUSIONS

The investigations carried out by Capta confirmed the client’s suspicions. The employee was taking consumer electronics from the warehouse, while using the rear entrance to the store to dispose of store waste in the outside skips.
The electronics take from the warehouse were then hidden in his car. Several instances of this behaviour were captured on the cameras during monitoring.
On completion of observation and surveillance, Capta provided the client with a report detailing the facts described in chronological order, complete with photo evidence, and videos from the hidden cameras.
Based on the findings of the investigation, the company, in agreement with its lawyers and with a view to recuperating the stolen goods, decided to involve the police. The latter subsequently caught the disloyal employee in flagrante delicto and arrested him..
The police then searched the employee’s property and found the goods reported as stolen by our client, enabling some of these to be recuperated. The company dismissed the employee with just cause.

Translation from the Italian website. All references are to Italian legislation

What are inventory discrepancies?

Inventory discrepancies are very often the result of fraud, theft or administrative malpractice.

How does CAPTA intervene?

Capta intervenes in two stages:

  • Analysis of the situation with a view to identifying the correct investigation strategy;
  • Investigation to identify those responsible for the theft or fraud, with acquisition of reliable conclusive evidence that can be used to recover the goods and to enable legal proceedings against the perpetrators.

Capta offers its clients tailor-made services to prevent and tackle these crimes, studying and discovering any problems related to the company’s control systems, with the aim of finding a solution.

Italian law

In cases of illegal activity perpetrated by an employee, any results from investigations can be used by the company to fire the employee, as decreed by the Italian High Court with sentence no. 12489. Referring to the provisions in the Italian Statute of the Workers in limiting admissible controls by the employer, states that: “these do not preclude the latter from availing of investiga-tion agencies, as long as these do not carry out actual surveillance of employee activity, which is limited by article 3 of this Statute to the employer and their collaborators, with the intervention in question justified not only by actual perpetration of the illegal activity and the need to check its extent, but also by the suspicion or mere hypothesis of illegal activity.

The same right is expressed by the Italian High Court, Employment Appeal Tribunal with sentence no. 14197 of 7 August 2012, which confirms the legitimacy of using private investigation to protect company assets.

Another area of intervention in which Capta provides services to protect company assets is when somebody is suspected of misappropriation of company goods, as de-fined in article 646 of the Italian Penal Code, “Whoever, for his own profit or that of others, appropriates money or movable property belonging for any reason to another party, can be sued by the victim and punished with a prison sentence of up to three years and a fine of up to one thousand thirty-two euros. Longer sentences and heavier fines are applied in the case of a necessary deposit.

 

Translation from the Italian website. All references are to Italian legislation