Understanding Our Differences – The Value of Cultural Awareness in Fraud Investigation

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Introduction

Fraud investigation can be difficult, challenging and time consuming. Those engaged in fraud obviously try to hide it, and the investigator generally must expend a great deal of time and effort sifting through the facts.

When special investigations lead to the interviewing of non-English-speaking people from other countries (whether the interviewee is an insurance claimant, a suspect, a policyholder, a customer, a witness, a bystander or a victim), cultural awareness on the part of the investigator can spell the difference between an interview that furthers the investigation and one that goes nowhere.

In this article we use generalizations about various cultures; these will facilitate the search for shared patterns, beliefs and behaviors to help the reader learn about other cultures and to behave in a manner that elicits cooperation rather than silence. It is important to remember, however, that there are always differences between individuals. People are different, and not everyone from a given culture exhibits all the characteristics that appear common to the culture.

In this type of analysis, caution against stereotyping and prejudice is needed: that is, attributing to a certain culture or race certain (usually negative) characteristics; being inflexible and closed to any other possibility; and judging the culture or race in a negative way based on those stereotypes. A stereotype is an ending point where no attempt is made to learn whether the individual in question fits the statement. A generalization, on the other hand, is a starting point, indicating possible common threads with the knowledge that further information is needed.

For example, the statement, “People from abroad are dishonest, so of course he committed fraud” is an example of a stereotype and prejudice based on that stereotype. If an investigator believes this stereotype and holds this prejudice, the investigator may be blind to the truth of a given situation.

The investigator’s job is to look beyond the stereotypes, develop cultural awareness and discern the truth.

The Numbers

Not long ago, being aware of other cultures did not seem to be as important as it does today; but the demographics reveal why the importance is growing.

While it is estimated that non-Hispanic whites will continue to be the majority in America for at least the next 90 years, that majority share is shrinking and the number of minorities is growing.

In 1990 there were 22,000,000 Hispanics in the United States. By the year 2015, Hispanics are likely to become this country’s largest minority group with a population in excess of 39 million (over 12% of the US population). The projection of Hispanic growth in the US into the next century shows a population that will quadruple from 1990 to 2050:

Year  Hispanic Population in US (Projected)

The population of California is 31,000,000. What is surprising to some is the fact that 9,500,000 (or 32%) do not speak English.

The breakdown is as follows:

The Hispanic and Asian Communities in California have grown greatly demonstrated as follows:

Percentage Growth from 1980 to 1990

Similar trends can be seen in New York, New Jersey, Florida and Texas from the following figures:

State   Total Population  Non-English-Speaking (NES)  % NES

Breakdown / Numbers Speaking Given Language

The Hispanic and Asian Communities in the New York, Chicago and District of Columbia/Virginia areas have also grown greatly:

Percentage Growth from 1980 to 1990

The conclusion is inescapable: businesses and individuals throughout the country must learn about other cultures to compete and to work successfully with these growing minorities.

Making People Feel Understood Greatly Increases Cooperation

When an investigator knows that a person from another culture is going to be interviewed, the first question should be whether that person feels comfortable speaking in English or whether he would prefer an interpreter. It is amazing how much good will can be created by treating the interviewee respectfully and following his or her wishes. Investing in an interpreter to aid in the interviewing process can pay large dividends.

In addition, it is of great benefit if written material can be translated into those languages that are spoken in the area in which the company operates. Many companies are translating marketing material, insurance policies, forms, releases and similar documents into the languages of their customers so the customer can understand the material that is presented. Moreover, such efforts help demonstrate the good faith of the company in dealing with its customers. The expense of these efforts can be more than offset by the good will, increased sales and customer satisfaction it creates.

These efforts may also prove invaluable in litigated matters. For example, those who commit fraud may try to defend themselves on the grounds that they did not understand. Interpreting and translation can effectively help combat those defenses. It is very powerful to demonstrate to a jury that professional interpreters were provided and that key documents were translated so that the fraud perpetrator clearly understood what was going on. It is far more difficult to argue, for example, that a pre-existing condition was not disclosed on an insurance form because of an ambiguous form when clear explanations and translations were given in the insured’s native tongue.

Learn History

Some customers come from countries torn by strife. They may be fearful, afraid of authority and have difficulty making eye contact. They may thus appear uncooperative when they are not. Such countries include El Salvador, Guatemala, Bosnia, Russia and Somalia. When interacting with people from strife-torn countries, do not assume that their conduct implies guilt or an unwillingness to help; they may simply be reacting to their past strife-torn experience. Be understanding, assuring and respectful.

People Follow Different Rules of Communication

The investigator’s goal is to get the story. Since breaking the ice is critical, use of proper greetings and salutations is essential. How a person is greeted often sets the pace for the remainder of the interaction. In some cultures people say hello with a handshake (eg. the United States, Great Britain, etc.); in other cultures people bow (eg. Asian cultures). In some cultures, people will not make eye contact with people of the opposite sex. As a rule, it is a good idea to use formal titles (Mr., Miss, Mrs., etc.) as a sign of respect when interviewing.

Hispanic Names

Latinos from Mexico, Guatemala and El Salvador often use two surnames: the first for their father and the second for their mother. Address these people by their fathers’ surnames. For example, Jose Antonio Garcia Martinez would be Mr. Garcia. A married woman adds her husband’s surname to the end and is addressed using the husband’s surname. Thus, Ana Maria Garcia Martinez de Herrera is addressed as Mrs. Herrera or Mrs. de Herrera.

Marital Status

Common law marriage is frequent in third world countries since there are no nearby courts or priests. This point should not be belabored unless the idea is to push some buttons. If it is necessary to know about marital status, the person can be asked, “Were you officially married by a priest, a judge or a notary?”

Spelling of Names

American investigators, attorneys and adjusters typically ask a person to state his or her name and to spell the last name. This practice is not very common among people from other parts of the world, however. Many times this issue is further complicated when the individual being interviewed is illiterate or semi-literate. If an investigator wants to rattle the witness, he can ask for spelling; if not, he should spell the name slowly and ask if the spelling is correct.

Addresses

It is not unusual for people from third world countries to come from rural areas where streets are not named and dwellings are not numbered. These people, based on their life’s experience, may therefore use different references when asked where they live or work. A response such as “I live two blocks from MacDonald’s on the same side as the park.” is to be expected.

If more information is needed, the investigator should not keep repeating in a louder and louder voice “What is the address….the address!” Instead, he should be specific and ask, “Do you know the name of the street where your house is? Do you know the house number? Do you know the apartment number, city, zip code, telephone number…?” etc.

Health Care

The US clearly has in spite of the negative press the best, most advanced and most sophisticated health care system in the world. Those who doubt this should ask themselves why wealthy, sick people from around the world come here for treatment. However, most claimants from other parts of the world are not wealthy. Many times they come from countries where, because of the severe shortage of physicians, they never consulted with a doctor. It is not unusual for many of these people to be very intimidated the first time they go to a medical office; their previous experience revolved around healers who came to their homes, one-on-one, to pray for their health.

If the investigator needs to refer an individual to a doctor, he should be sent to a doctor who has a clear understanding of that person’s culture. If the person is scared to begin with, he will be even more scared after sitting in a waiting room for long periods of time to see a doctor who does not understand him.

The waiting room is also a place where rumors fly; often these rumors can prove troublesome for the investigator (eg. “My attorney told me I would get a million dollars….” “If the insurance company doesn’t pay, I’m suing for bad faith….”) Try to select doctors who can see the claimant rapidly to avoid rumors and to assure the comfort of the patient.

More Helpful Advice When Meeting People

Here are some additional tips when interviewing people from different cultures:

Mexico

Men shake hands and bow slightly. Women will often pat each other on the right forearm. Conversations are often held at close distance; those who back away may be viewed as unfriendly. When indicating the height of a person, use one finger. Only the height of an animal is shown by using the whole hand. A host will probably offer something to drink, such as water or juice; it is polite to accept the offer. If the investigator is not thirsty, he should take only a small amount so that waste is avoided.

El Salvador

The rules relating to Mexico apply; however, a woman must extend her arm first to shake hands. Men and women who are not familiar with US habits may give a limp handshake. The investigator should adjust his grip accordingly. Softer voices are preferred. Finger-pointing is considered rude.

Guatemala

A limp handshake is to be expected. The investigator should make eye contact. Do not give the “OK sign”; it is an obscene gesture.

China

Written Chinese has no tenses. Communication can be improved by using words such as tomorrow, yesterday, now, etc., to indicate time.

Many traditional Chinese consult the lunar calendar before making any important decision. When setting a date for an important event, such as surgery, deposition, trial, etc., the investigator should be prepared for a response such as “I cannot tell you.” It means they cannot say just then and must consult their calendar.

Chinese usually bow slightly when greeting another person, although handshakes are common. Allow the Chinese to extend their hands first.

Chinese names are listed in a different order than Western names. People from China traditionally have three names: the family name, the generational name and the given name. Address people by their title and family name. For example, in the name “Li Teng Hui,” “Li” is the family name, “Teng” is the generational name and “Hui” is the given name. This person should be addressed as “Mr. Li.” Women should be addressed as “Madame.”

Use of too many gestures should be avoided. Pointing should be done with an open hand. It is better to sit side by side, rather than opposite the person. Traditional Chinese do not have much trust of our health care and tend to use herbologists, healers and acupuncturists before using American doctors.

Russia

The Russian word nyelkoturny means uncultured or bad mannered and signifies the wrong way to do something. Wearing a coat indoors or standing with hands in pockets is considered nyelkoturny behavior. Russians will usually give a handshake and state their name instead of saying hello. The investigator should respond in the same way. Women add the letter “a” to their surnames. Therefore, Mr. Medvedev’s wife becomes Mrs. Medvedeva. Compromise is seen as a sign of weakness. Thus, it can be explained that a situation is beyond control, rather than attempting to compromise.

Philippines

Handshakes are expected between men. An American woman may extend her hand to a Filipino male; however, an American should wait for a Filipino woman to extend her hand.

Upper class Filipinos follow the Hispanic tradition of having two surnames. Many Filipinos did not have surnames until the mid 19th century. In 1849, the Spanish governor ordered all Filipinos to adopt Hispanic surnames. These names were chosen from lists provided by the government and the first letter of every surname was specific to a particular area. Thus, all people from a particular town had surnames beginning with “a,” those from the next town with “b,” etc. Even today, the first letter of the last name of a person can provide information as to the town from which that individual’s family came.

Conclusion

When I (George) was a teenager, whenever I was introduced to someone, my father would repeatedly say to me “Give them a good firm handshake and look them straight in the eye.” I was taught very early in life that no one likes a limp handshake; if you do not look people in the eye, they will think that you are shifty and untrustworthy. Most likely this advice is being repeated across this country to this day. What my father failed to tell me was that in other countries, children are taught differently and people act differently. By understanding the difference, an investigator can make the investigation a successful one.

George P. Rimalower is the President and Chief Executive Officer of ISI. He is a certified Spanish Court Interpreter.

Stanley Ross Coleite is a member of the California State Bar. He works with ISI in educating industry about legal and cultural matters.

© Copyright 1997 Alikim Media