SOCIAL-PSYCHOLOGY BEHAVIORS: AN UNDERUTILIZED TOOL FOR INTERVIEWERS

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1 SOCIAL-PSYCHOLOGY BEHAVIORS: AN UNDERUTILIZED TOOL FOR INTERVIEWERS Interviewers are constantly playing a cat-and-mouse game with subjects while trying to gather information without giving away known facts. Fraudsters are normally prepared for their interview, anticipating tactics and questions. Even so, an interviewer has powerful socialpsychology tools at his disposal, which could increase the chances of a confession but often go unused. In this session, you will learn about certain social-psychology behaviors that can induce confessions from guilty parties. You will learn how to: Identify specific social-psychology behaviors relevant to interviewing. Explain the way these behaviors can enhance the chances of obtaining confessions. Apply these behaviors during the interviewing process to increase the chances of obtaining a confession. BRET HOOD, CFE Supervisory Special Agent Federal Bureau of Investigation Woodbridge, VA Supervisory Special Agent (SA) Bret Hood is a 24-year veteran of the FBI. In his time with the FBI, he has been able to work significant and high-profile white-collar, money laundering, public corruption, counterterrorism, and organized crime cases. He is a court-recognized expert in money laundering and fraud, as well as a Certified Fraud Examiner. Hood serves as an adjunct professor for the University of Virginia, teaching leadership, psychology, and ethics courses to attendees of the FBI National Academy. In addition, Bret has created interactive training programs for the Public Corruption Unit, Money Laundering Unit, Crisis Management Unit, and the Terrorist Financing Operations Section. Association of Certified Fraud Examiners, Certified Fraud Examiner, CFE, ACFE, and the ACFE Logo are trademarks owned by the Association of Certified Fraud Examiners, Inc. The contents of this paper may not be transmitted, re-published, modified, reproduced, distributed, copied, or sold without the prior consent of the author. 2015

2 For the last two years, you have put heart and soul into your case. The loss is substantial. Victims are counting on you to help bring justice to the person who committed this heinous fraud. You ve gathered a mountain of circumstantial evidence clearly implicating your suspect. There is only one thing lacking in your case a confession. Your opponent, however, is quite formidable. For an experienced con artist, interviews are a game, an opportunistic chess match where a sly cat-and-mouse discussion can be held. The goal for each party is to try and obtain information rather than relinquish it. Even though you are prepared for this interview, wouldn t you like to know how to establish a psychological edge in the interview? Social psychology is the study of social interactions of human beings and the effects they can have on human behavior. Scientific studies have shown there are numerous psychological cues contained within us that unknowingly force us to act in certain ways. For example, you can be primed by certain words, symbols, and phrases in order to elicit certain feelings. In one such experiment, researchers alternately placed a picture of eyes and a picture of flowers over a workplace station where people could get free candy. Next to the candy was a can marked for voluntary donations to the candy fund. In the weeks the candy station had the picture of eyes, the voluntary donations were significantly higher than in the weeks where there was a picture of flowers. Likewise, when prompted with words that had positive connotations, study participants evaluated employees much more favorably than when prompted with words that had a negative connotation. These tricks of the mind are difficult to consciously avoid because we are normally not cognizant of the effects they have on us

3 Given that a number of con artists are borderline sociopaths who are expecting and anticipating an eventual interview, these proven social-psychology phenomena can help us to potentially increase our chances of obtaining a confession. Our interview subjects will not be aware of the subtle effects of incorporating these techniques into our interviews so they cannot prepare for them. Priming the interviewee in certain ways can slowly and unknowingly disrupt the protective defenses of the guilty party. There has been much emphasis on establishing rapport with your interviewee before you get into the details of your interview. While the benefits of rapport-building are inherent, isn t it difficult to truly establish rapport with simple conversation in a subject interview? More often than not, the interviewee is less interested in your conversation and more desperate to find out why you are there and what you know. This mutes the effect of your attempt to build rapport because, while the person may be politely answering your questions, their mind is preoccupied with survival rather than with personal bonding. Oftentimes, a con man will try to induce you into believing you have established rapport, in the hopes your false belief will lead to carelessness on your part in the form of revealing more facts than necessary. This is where social psychology is different. Normally, the interviewee will not recognize your use of these mechanisms, which are relatively easy to utilize and can help establish rapport without the interview subject being conscious of your efforts. For example, imagine you are an executive with your country s tax authority and someone says that, with one change on your tax form, they can increase tax revenues by at least 25 percent by getting tax cheaters to stop minimizing their income. Would you make the change? Chances are you would, and here is the needed

4 change: Move the signature line attesting to the accuracy of the tax form from the bottom to the top of the form. That simple change is rooted in our social psychology and it causes us to more accurately report our income because we are attesting to being truthful before we fill out the form. If we apply this concept to interviewing, could it be beneficial to have the interviewee, at the initiation of substantive questioning, promise to provide truthful answers? Some law enforcement agencies perform the perfunctory oath to tell the truth prior to their interview but simply stating the oath of honesty and having the interviewee reply in the affirmative will not accomplish our goal. In this scenario, the interviewee will be easily able to discount the statement as a routine part of the process. Rather, we must get the interviewee to focus and consciously acknowledge the promise of honesty they are making. When you see you have their full attention and they are very aware of the promise they are making, you can begin your substantive questioning. If you can get them to write a statement concerning their promise to be honest in answering questions, the social-psychological effects will be even greater, especially if you leave that written statement out in the open so that the interviewee can see it while you ask your questions. According to researchers, human beings have a hard time going against statements they make, whether orally or in writing. So when the interviewee starts to lie, there will be an internal conflict between the need to lie and the promise of truthfulness. In these instances, there will most likely be more visible nonverbal cues and more telling verbal cues when people deviate from an openly stated position. As investigators, indicators such as these are vital to success

5 People can also be primed by words, phrases, and stories. In a famous law enforcement case referred to as the Christian burial case, detectives prompted a suspect in the abduction of a young girl by lamenting the fact that the girl s parents would like to have a good Christian burial for their daughter and, with a snowstorm approaching, the likelihood of such an event was greatly diminished. Even though the suspect had invoked his right to counsel, the story elicited a conscious guilt and the suspect led police to the body. This evidence was eventually thrown out by the courts because a reasonably prudent person would have considered the story, in its form, as a line of police questioning that was illegal because of the suspect s invoking counsel. Still, the results show how, if used properly, a person can be influenced by carefully chosen words and stories. Empathy for suspects solely for the purpose of eliciting confessions has been an employed tactic of practitioners for years. However, an interviewer should consider their choice of words to be used in the interview process very carefully. Compare and contrast the following sets of words: Guilt/mistake Theft/borrowing Fraud /misunderstanding Misappropriation/error Did one word in each pair evoke stronger positive or negative emotions in you? If so, the chances are these words and others can produce similar emotions in your interviewee. Imagine if you went to your doctor and he presented your prognosis in one of these ways: Your surgery has an 80 percent survival rate. Your surgery has a 20 percent mortality rate

6 Which one would you prefer to hear? Both statements effectively say the same thing, but we are drawn to one because we are made to feel better about our choice given the wording. Sometimes, words, phrases and stories can be a lifeline for a subject to hold onto or they can also induce a confession. People naturally resist exposing their flaws. However, if used correctly, carefully chosen words, phrases, and stories can evoke emotions that unknowingly convince your subject it is better to reveal the truth. Social psychology also has a concept known familiarly as the reciprocity rule. Chances are you have encountered this in your personal life numerous times. Recall a time where someone gave you an unexpected gift. What was the overbearing feeling that washed over you after receiving the gift? Did you consciously or unconsciously feel a compelling need to return the favor? If so, you fell under the reciprocity rule s effect. Interviewees can also be subject to this rule. What if you provided a drink to your subject before starting your interview? What if you pointed out that the subject seemed uncomfortable in his chair and you brought in a newer, much more comfortable chair? These subtle gifts create a psychological need to reciprocate. Artfully done, an adept interviewer can turn the need for reciprocation into a confession. As another example, imagine if you were told to go to work at a different location tomorrow and, when you arrived, you were the only person who was not wearing a green shirt. How would you feel at that moment? Consciously, you would probably think someone didn t give you information you needed. However, your mind is starting to have a reaction that is knowingly or, more likely, unknowingly causing stress. This stress makes you want to leave the room and go put on a green shirt so that you are just like everyone else. What you have done in this

7 situation is identify what you perceive as the in-group. Classifying the green shirts as the acceptable and desired behavior, you have consciously or subconsciously identified your in-group. You will find yourself subtly attracted to this group and, before you know it, there is a psychological pull for you to go put on a green shirt. These feelings of being in a group can also be transferred to interviewees. Many times, people are looking for others to take that first step into the void in order to make their actions acceptable by the group. There have been many times where I have stood in front of a classroom in complete silence after asking the initial question of an instructional session. As I wait this silence out, you can see the discomfort in the students. Eventually one raises his or her hand and answers. If the instructor provides a positive experience, then all sorts of questions will follow because of the social proof theory, which means that if one person acts, others are ready to follow. If an interviewer can relate the fact that other members of the in-group or members of a similar group have chosen to confess, the subject will be more inclined to admit to his or her own crimes. Oftentimes, interviewers focus on the details of the questions, attempting to ensure that all information needed to support the case is obtained. As we succumb to that tunnel vision, we tend to ignore other aspects of the interview that could assist us in obtaining what we really want a confession from a guilty party. Getting the guilty party to admit to doing something wrong or illegal is hard enough as is. As an interviewer, isn t one of your ultimate goals to obtain a confession? If so, then these socialpsychological behaviors just might be a way to enhance your ability to obtain that desired confession

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