The many facets of empathy

Cable news anchor Jake Tapper asked President Biden in a 2022 interview, “Do you think Vladimir Putin is a rational actor?” (See “Interview with President Joseph R. Biden,” CNN.) If getting President Biden to comment about what’s going on inside Putin’s mind was the intent of Tapper’s closed-ended question, it was the wrong one to ask. It doesn’t matter whether President Biden believes Putin is a rational actor; what matters more is the question Tapper should have asked: “What’s really important to Putin?” To have some inkling of Putin’s rationality, you first must understand what motivates his actions, behaviors and beliefs.

Getting inside a fraudster’s — or in this case Putin’s — mind by asking probing questions to help understand their motivations and perspective can make all the difference in an interview and ultimately tease out a confession. “Making a connection” and “establishing rapport” are terms we often use to signify creating a bond or level of understanding with someone. Empathy, along with trust, respect and dignity, goes far in helping set the tone for investigators to conduct successful admission-seeking interviews and uncover rationalizations fraudsters use to account for their actions.

‘It’s business, not personal’

How many times have you heard that line in a movie when someone is about to meet their demise at the hands of another? Well, the truth of the matter is that all business is personal, as it involves interacting with people who hold different values, beliefs and behaviors. Empathetic competence means you accept and can collaborate with people who have different worldviews, wants and needs; however, it isn’t something that comes easy to most people. It requires conscious application.

According to Emile Bruneau, a cognitive neuroscientist at the University of Pennsylvania, it’s more difficult to find empathy with others with whom we disagree or have adversarial relationships. Journalist Jeneen Interlandi explains Bruneau’s theory this way: “When considering an enemy, the mind generates an ‘empathy gap.’ It mutes the empathy signal, and that muting prevents us from putting ourselves in the perceived [adversary’s] shoes.” (See “The Brain’s Empathy Gap,” by Jeneen Interlandi, The New York Times Magazine, March 19, 2015.) The empathy gap also shuts down engagement before meaningful dialogue can get started.

Psychologists Daniel Goleman and Paul Ekman write that this “empathy deficit” syndrome hinders progress among parties as it becomes an obstacle to understanding different perspectives of others (cognitive empathy); to sensing what another party requires from us (empathetic concern); and to physically feel what another person feels (emotional empathy). (See “There are Actually 3 Types of Empathy. Here’s How They Differ and How You Can Develop Them All,” by Justin Bariso, Inc., Sept. 19, 2018.)

The importance of empathy in emotional intelligence

Most cognitive psychologists consider the five major components of emotional intelligence to be important psychological constructs of influential people: self-awareness, self-regulation, empathy, social skills and motivation. However, empathy, along with social skills, allows people to both cognitively recognize and emotionally respond to the emotions of others. (See “Empathy: A Review of the Concept,” by B.M.P. Cuff, S.J. Brown, L. Taylor, and D.J. Howat, Emotion Review, April 2016.) Emotional self-regulation and self-awareness help keep empathetic responses in their proper perspective.

Empathy and building trust

Having empathy for others doesn’t mean aligning or agreeing with their views, values or behaviors. Instead, for a fraud investigator it’s an important part of a non-accusatory, fact-finding and trust-building exercise with their interview subject. Suspending judgment long enough to grasp an individual’s perspective from their responses allows you to fine-tune your questioning to help draw out a confession or an admission of guilt.

Mirroring behavior helps facilitate empathy as people more readily experience other people’s emotions through mimicking postures, values, gestures — even speech patterns. Mirroring makes others believe they’re more similar to another person, and that perceived similarity can be the foundation for establishing trust and creating rapport. People listen to, believe, and are persuaded by those who are similar to them, and tend to be more forthcoming with information.

Empathy is an important state of mind that lies along the influence/persuasion continuum that helps ensure that what’s being said is exactly what’s being heard. The empathetic fraud examiner is always actively listening, acknowledging and validating. In fact, Dr. Goleman states that a finely tuned ear is the heart of empathy.

There are often two truths to contend with in an investigation: yours and the other person’s. When trying to engage them to be forthcoming, only one truth matters: theirs. If you aren’t using empathy, mirroring and related behaviors to help align your approach to their truth (to help determine their “why”), you aren’t engaging them. As a result, the early bonds of trust, openness and connection may start to fracture.

Empathy and the amygdala

Research suggests that the brain’s amygdala plays a crucial role in driving instinctive, altruistic behaviors such as compassion and kindness. Neuroscience reveals that a larger and better-developed amygdala is associated with a greater sense of empathy and a superior perceptual sensitivity to different facial expressions in subjects. (See “Neural and cognitive characteristics of extraordinary altruists,” by Abigail A. Marsh, Sarah A. Stoycos, Kristin M. Brethel-Haurwitz, et. al., in Proceedings of the National Academy of Sciences, Sept. 15, 2014.)

The fraudster’s truth

An understanding of “the fraudster’s truth” — I’m really a good person who just did a bad thing, or I did a bad thing but that’s not who I am anymore — creates opportunities for skilled empathetic investigators to view the fraudster’s perspective and gain insight into how they rationalize their actions and thinking. The appeal of believing ourselves to be good and moral creatures is an integral part of our identity. When people behave in a manner that runs counter to their self-identity, it creates a schism or discontinuity within them.

Joseph Palmar, CFE, and CEO of Palmar Forensics, recently told Fraud Magazine that, “The weight of guilt and the human desire to have a clear conscience is an emotional burden. Whether you’re a kid hiding something from your parents or in relationships with friends and co-workers, the desire to come clean weighs heavy on most people.”

The fraudster’s truth is an internal psychological tension that causes them to maintain a positive self-identity while also trying to reconcile the guilt stemming from compromising one’s own values. Because our sense of morality is an important part of our self-identity, this internal psychological tension is an area of opportunity where fraud examiners can best ply their empathetic questioning skills in interviews. (See “Why It Feels So Good to Confess,” by Susan Krauss Whitbourne, Psychology Today, February 2022.)

Such self-perception conflicts often trigger what’s called an “amygdala hijack,” which refers to the brain’s instinctive response to perceived threats, triggering a flood of emotions that can overpower the rational executive control center (prefrontal cortex). When self-identity tension intertwines with an amygdala hijack, it creates a complex cocktail of cortisol and adrenaline, bringing fight-or-flight reactions to the fore. (See “Amygdala Hijack: When Emotion Takes Over,” by Kimberly Holland, Healthline.com, updated March 16, 2023.)

When the fraudster’s brain prioritizes survival over rationality, it opens the door for empathetic fraud examiners to offer a lifeline with an invitation to finally be forthcoming with the truth.

Palmar also highlights the importance of being attuned to nonverbal signals and one’s intuition. “As a fraud investigator, you sometimes get a gut feeling that someone is trying to get something off their chest if you’re sensitive to that through facial expressions, body language, or just a look in their eyes,” he says.

And in those moments, with the right empathetic inducement, a confession or admission of guilt could be in short order.

Beyond the confession

Besides being used as evidence for a court of law, the act of confession or admission of guilt can be thought of as a type of self-identity “reconciliation” for a fraudster who, for whatever reasons, chose to embrace the tension within their truth. It’s an opportunity for them to become realigned with fresh insight, balance and perspective. The cathartic nature of confession on one’s self-identity can be cleansing and restorative and help people come to terms not only with their behavior but face criminal consequences of their actions as well.

Fraud examiners as truth finders

As empathetic fraud examiners investigate the factors underlying the fraudster’s truth, the ultimate goal isn’t just to uncover that one truth but to resolve the underlying tension within a fraudster’s truth. Fraud examiners with high empathetic competence recognize that there may be multiple layers of the fraudster’s truth, each revealing a different facet of the fraudster’s actions and intentions.

A fraud examiner who embraces empathy, active listening skills and patience can navigate both types of truth while diligently pursuing justice within legal boundaries. It’s not just about obtaining a confession or admission of guilt; it’s about unraveling the complex factors that contributed to deceptive behavior to prevent future occurrences.

Donn LeVie Jr., CFE, is a staff writer for Fraud Magazine. Now retired, he’s led people and programs for Fortune 100 companies for more than 30 years and worked as an influence and positioning strategist/consultant. His latest books are “From the Underworld to the Boardroom: True Tales of Fraud, Corruption, Counterfeiting, and Cons” and “Stacking the Deck: Career Strategies for Outsmarting the Competition.” Contact him at donn@donnleviejrstrategies.com.