Follow The Money™

THE COMPLETE

33-Item
Prosecutor's
Evidence
Checklist

The complete framework used to assess whether a fraud case has reasonable prospect of successful prosecution in South Africa.

What's Inside

  • 33 items across 6 critical categories
  • Critical / Important / Optional priority levels
  • All 4 SA crime types covered
  • Readiness score calculator
  • Section 205 guidance

Based on 30+ years of senior prosecution experience

www.followthemoneysa.co.za | South Africa

How To Use This Checklist

A 6-Step Process

1

Complete Initial Review (5-10 minutes)

Start with Category 1. If any critical items fail, the case may not be prosecutable. Fix before proceeding.

2

Systematic Evidence Collection (1-3 weeks)

Work through Category 2 items. Use the 4-Phase Framework to guide collection. Don't skip HANIS verification — the most common failure point.

3

Element Mapping (30-60 minutes)

Complete Category 3. Map each piece of evidence to crime elements. Identify any element gaps.

4

Witness Preparation (1-2 weeks)

Complete Category 4. Ensure complainant statement covers ALL elements. Get loan authoriser statement — critical.

5

Procedural Compliance (1 week)

Complete Category 5. Draft Section 205 applications. Prepare complete evidence package.

6

Final Readiness Assessment (30 minutes)

Complete Category 6. Calculate completion percentage. Determine if ready to proceed.

Priority Legend

Critical

Must-haves. Prosecution fails without these.

Important

Strengthen case significantly.

Optional

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.

1

Category 1

Initial Case Review

5 items

Case falls within prosecutorial jurisdiction

CRITICAL

Crime occurred within statute of limitations

CRITICAL

Complainant is identifiable and contactable

CRITICAL

Financial loss quantified and documented

CRITICAL

No obvious civil-only issues (e.g., pure breach of contract without misrepresentation)

CRITICAL
2

Category 2

Evidence Collection

8 items

Loan application reviewed for false representations

CRITICAL

Bank statements obtained and analysed (Follow The Money)

CRITICAL

Identity verification completed (Home Affairs HANIS fingerprint check)

CRITICAL

Business verification completed (CIPC records + physical premises visit)

CRITICAL

Loan funds traced from disbursement to final destination

CRITICAL

SARS records requested via Section 205 application (if applicable)

IMPORTANT

Cross-bank account search conducted (undisclosed accounts at other banks)

IMPORTANT

Application documents checked for AI-generated content (photos, financial records)

IMPORTANT
3

Category 3

Legal Elements Verification

5 items

All elements of the identified crime(s) documented

CRITICAL

Sufficient evidence exists for EACH element

CRITICAL

No missing critical evidence that would prevent prosecution

CRITICAL

Evidence is admissible in court (properly obtained, authenticated)

CRITICAL

Chain of custody for all documents established

IMPORTANT
4

Category 4

Witness Requirements

5 items

Complainant statement is comprehensive and covers all elements of the crime

CRITICAL

Loan authoriser statement obtained (confirms reliance on false information)

CRITICAL

Witnesses identified for business premises verification

IMPORTANT

All witnesses are contactable and willing to testify

IMPORTANT

Witness statements address potential defence arguments

IMPORTANT
5

Category 5

Procedural Requirements

5 items

Docket opened correctly listing ALL offences (not just generic 'fraud')

CRITICAL

Evidence package prepared for detective (complete, organised, indexed)

CRITICAL

Section 205 applications drafted for all required third-party records

IMPORTANT

Timeline of events documented (from application to discovery of fraud)

IMPORTANT

Potential defence arguments identified and pre-emptively addressed in evidence

IMPORTANT
6

Category 6

Prosecution Readiness

5 items

Reasonable prospect of successful prosecution confirmed

CRITICAL

No ethical or conflict of interest issues identified

CRITICAL

Detective assigned and briefed on case requirements

IMPORTANT

Prosecutor contacted and receptive to receiving docket

IMPORTANT

Expected timeline to court acceptable to client

OPTIONAL

Readiness Score Calculator

How Ready Is Your Case?

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.

90-100%

Prosecution Ready

Submit your docket. You have complete evidence across all critical items.

75-89%

Close Gaps Before Submitting

You have strong foundations. Close remaining critical gaps before approaching prosecutors.

60-74%

Substantial Work Needed

Significant gaps remain. Submitting now will likely result in prosecutor rejection.

< 60%

Not Prosecutable

Significant evidence missing. Case is not prosecutable in its current state.

Track Your Score

Critical Items Completed

___/20

Important Items Completed

___/11

Your Score

___%

Next Steps

Need Help Closing the Gaps?

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

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