Follow The Money™
THE COMPLETE
The complete framework used to assess whether a fraud case has reasonable prospect of successful prosecution in South Africa.
What's Inside
Based on 30+ years of senior prosecution experience
www.followthemoneysa.co.za | South Africa
How To Use This Checklist
Start with Category 1. If any critical items fail, the case may not be prosecutable. Fix before proceeding.
Work through Category 2 items. Use the 4-Phase Framework to guide collection. Don't skip HANIS verification — the most common failure point.
Complete Category 3. Map each piece of evidence to crime elements. Identify any element gaps.
Complete Category 4. Ensure complainant statement covers ALL elements. Get loan authoriser statement — critical.
Complete Category 5. Draft Section 205 applications. Prepare complete evidence package.
Complete Category 6. Calculate completion percentage. Determine if ready to proceed.
Priority Legend
Must-haves. Prosecution fails without these.
Strengthen case significantly.
Nice-to-haves.
The Make-or-Break Requirement
You MUST prove:
The applicant intentionally made a false representation in ONE OR MORE documents submitted with the loan application.
If you cannot prove this, you cannot prosecute. The financial institution writes off the loan. Civil court action is impossible (cannot trace applicant). Total loss.
Category 1
Case falls within prosecutorial jurisdiction
Crime occurred within statute of limitations
Complainant is identifiable and contactable
Financial loss quantified and documented
No obvious civil-only issues (e.g., pure breach of contract without misrepresentation)
Category 2
Loan application reviewed for false representations
Bank statements obtained and analysed (Follow The Money)
Identity verification completed (Home Affairs HANIS fingerprint check)
Business verification completed (CIPC records + physical premises visit)
Loan funds traced from disbursement to final destination
SARS records requested via Section 205 application (if applicable)
Cross-bank account search conducted (undisclosed accounts at other banks)
Application documents checked for AI-generated content (photos, financial records)
Category 3
All elements of the identified crime(s) documented
Sufficient evidence exists for EACH element
No missing critical evidence that would prevent prosecution
Evidence is admissible in court (properly obtained, authenticated)
Chain of custody for all documents established
Category 4
Complainant statement is comprehensive and covers all elements of the crime
Loan authoriser statement obtained (confirms reliance on false information)
Witnesses identified for business premises verification
All witnesses are contactable and willing to testify
Witness statements address potential defence arguments
Category 5
Docket opened correctly listing ALL offences (not just generic 'fraud')
Evidence package prepared for detective (complete, organised, indexed)
Section 205 applications drafted for all required third-party records
Timeline of events documented (from application to discovery of fraud)
Potential defence arguments identified and pre-emptively addressed in evidence
Category 6
Reasonable prospect of successful prosecution confirmed
No ethical or conflict of interest issues identified
Detective assigned and briefed on case requirements
Prosecutor contacted and receptive to receiving docket
Expected timeline to court acceptable to client
Readiness Score Calculator
Calculation
Count completed critical items ÷ total critical items = % score
There are 20 critical items across all 6 categories. Your score is based on how many you've completed.
Prosecution Ready
Submit your docket. You have complete evidence across all critical items.
Close Gaps Before Submitting
You have strong foundations. Close remaining critical gaps before approaching prosecutors.
Substantial Work Needed
Significant gaps remain. Submitting now will likely result in prosecutor rejection.
Not Prosecutable
Significant evidence missing. Case is not prosecutable in its current state.
Track Your Score
Critical Items Completed
Important Items Completed
Your Score
Next Steps
If your case scored below 90%, we can help. Book a free 15-minute Prosecution Gap Review to discuss your lowest-scoring category and identify the fastest actions to close your gaps.
Book a Free 15-Minute Gap Review
www.followthemoneysa.co.za/consult
Request a Full Prosecutability Assessment
contact@followthemoneysa.co.za
Try the Follow The Money AI Tool
Auto-calculates your readiness score as you work. www.followthemoneysa.co.za/tool
Bridging the gap between fraud and conviction
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