CORPORATE INVESTIGATIONS

Transcription

1 CORPORATE INVESTIGATIONS

2 The last few years has seen a marked shift on the global battleground against corruption and economic crime. International bodies such as the World Bank, the Financial Action Task Force and the Organisation for Economic Co-operation and Development are motivating more and more countries and industries to go beyond signing international instruments by taking practical steps in order to combat corruption which remains one of the world s biggest challenges on a systemic level in that it hinders economic growth. Organisations are following suit by implementing policies and training programmes to stamp out fraud and corruption. CDH s Corporate Investigations sector has the necessary experience and expertise to guide and advise companies through this important process.

3 WHAT MAKES THE DISCIPLINE OF CORPORATE INVESTIGATIONS NECESSARY AND IMPORTANT? Corporate fraud and corruption have potentially dire consequences to an organisation s economic well-being and reputation. Such activities can also impact the economy. In response to this threat, governments implement laws and regulatory frameworks to probe, curb and ultimately eliminate bribery, tax evasion, fraud, collusion and the like. As criminal corporate behaviour evolves so too do the laws and regulations intended to prevent such activities. The discipline of corporate investigations is thus a means to stay within the confines of that changing legal framework. Assisting clients with registering criminal cases and performing watching briefs in criminal matters Fraud, theft, corruption, anti-bribery compliance, money-laundering and cybercrime investigations Conducting anti-bribery and corruption risk assessments Negotiating and collaborating with regulatory authorities on behalf of clients Assisting clients with fraud prevention and detection Strategically reacting and responding to allegations of fraud, bribery, tax evasion, collusion and the like Protecting organisations from financial and nonfinancial damages caused by fraudulent and corrupt activities Forensic due diligences and third-party vetting OUR SERVICES Drafting, as well as assisting clients with implementing policies and procedures relating to anti-bribery, fraud and theft Providing training to clients on anti-bribery and corruption compliance as well as, inter alia, all aspects relating to fraud prevention and detection Drafting and/or reviewing anti-corruption clauses in agreements Providing clients with regulatory/statutory anti-bribery compliance advice. This includes advice on the Prevention and Combating of Corrupt Activities Act, the Financial Intelligence Centre Act, the Prevention of Organised Crime Act, the Protected Disclosures Act, the United States Foreign Corrupt Practices Act and the United Kingdom s Bribery Act Addressing corporate crime begins long before any corruption, bribery and fraud surfaces; it begins with prevention policies and training programmes that combat such activities. This shift from preventing rather than reacting to corporate crime is gaining international momentum. I advise my clients to stay ahead of this trend, implementing mechanisms now that will save them financial and non-financial damages later. WILLEM VAN RENSBURG DIRECTOR IN CORPORATE INVESTIGATIONS

4 EXPERIENCE Cliffe Dekker Hofmeyr s (CDH) clients reap the benefit of experts with more than 20 years experience in Corporate Investigations. This level of expertise is available nationally, with specialised attorneys in both our Johannesburg and Cape Town offices. Where necessary, the firm is also able to bring in additional resources to provide the depth necessary for large-scale investigations. While corporate investigations has become a hot area for law firms in recent years (globally), the team s longevity of service and work, stretching back for more than two decades, is a very significant commercial advantage for clients. In this field in particular, the ability to field senior, highly experienced practitioners who can advise on a strategic level can make all the difference in reaching a successful outcome. CDH has éminence grise status in the South African market. OUR MOST RECENT EXPERIENCE INCLUDES: FRAUD ANTI-COMPETITIVE CONDUCT Investigating allegations of fraud by a financial institution which involved extremely technical data and the examination and inspection of some 60,000 documents An in-depth investigation into allegations of anti-competitive conduct, involving a review of documentation and interviews with key employees Forensic investigation ranging from kiting to syndicated robbery at cash depots which involved the bribery of South African police Uncovering all relevant facts regarding a failed project and determining any possible claims against interested parties and the recovery of our client s multi-million investment In response to allegations of wide-spread collusion in the construction industry, CDH conducted a company-wide investigation which culminated in a number of leniency applications as well as a settled penalty for a number of contraventions in respect of which leniency could not be granted CRIMINAL CHARGES INDEPENDENT INVESTIGATIONS Assisting the Hawks (previously the Scorpions) and the National Prosecuting Authority (NPA) in compiling the criminal charges against representatives of a property developer Acting as independent third-party investigators in highlypublicised allegations of sexual misconduct by contestants of a well-known television program. Following the investigation, our team recommended additional policy measures which were subsequently implemented CORRUPTION SIGNIFICANT JUDGMENTS Investigating allegations of a transgression of the Prevention and Combating of Corrupt Activities Act, No 12 of 2004 and related legislation concerning black empowerment Investigating transgressions by micro lenders with litigation in the Supreme Court of Appeal and later the Constitutional Court PYRAMID SCHEME COLLUSION Acting as advisors in exposing and investigating a pyramid scheme Conducting a highly sensitive investigation into alleged collusion between an entity and the employees of its Regulatory Body

5 OUR SPECIALIST TEAMS LEAD ORGANISATIONS THROUGH SIMPLE TO IN-DEPTH COMPLEX INVESTIGATIONS. THOUGH VARIED AND OFTEN CASE-SPECIFIC, THESE INVESTIGATIONS FALL INTO TWO MAIN CATEGORIES: PREVENTATIVE Uncovering fraudulent and corrupt activities before such conduct causes external reputation or economic damage. Predicting weakness and implementing policies and training to combat bribery, tax evasion, fraud, collusion and the like. MITIGATING Where a problem has already been identified, our team works to unveil the extent of the issue so that we can take positive stems to limit economic or reputational harm. Our team is also highly experienced in devising strategic plans in response to external scrutiny or sanction. THOUGHT-LEADERS CDH s Corporate Investigations team predicts a global shift in the next few years regarding corporate risk management as a result of global pressure to criminalise corporate recalcitrance and passive attitudes towards corporate crime. This trend is already gaining momentum in the UK. Our leading experts are working together with clients to adapt to this inevitable change. Companies might find themselves falling foul of the law if they fail to implement crime prevention policies and training programmes towards combating bribery, tax evasion, fraud, collusion and the like. THE ADVANTAGES OF USING CDH S CORPORATE INVESTIGATIONS TEAM FOR INVESTIGATIONS Our investigations are led by experienced attorneys We are able to provide legal advice throughout an investigation We are able to provide legal opinions on our findings We staff all of our matters with the right skill set to ensure that the relevant matter is handled by a professional with the requisite expertise and experience Prior to commencing with an investigation, we prepare a detailed methodology to ensure that our investigations are structured and handled in the most expedient manner We are able to see a matter from start to finish and are able to assist our clients with initiating disciplinary processes, civil recovery proceedings or criminal investigations after an investigation has been completed without having to refer our forensic report to other service providers We have a deep understanding of privilege and are able to effectively advise our clients on all aspects relating to privilege. Our reports are generally protected by privilege

6 ADDRESSING CORPORATE CRIME BEGINS LONG BEFORE CORRUPTION, BRIBERY AND FRAUD SURFACES

7 CLIFFE DEKKER HOFMEYR S CORPORATE INVESTIGATIONS TEAM IS DISTINGUISHED BY THE VAST EXPERIENCE OF OUR SPECIALIST PARTNERS SOME OF WHOM HAVE MORE THAN 20 YEARS EXPERIENCE IN THIS FIELD

8 MARKET RECOGNITION The way we support and interact with our clients attracts significant external recognition. Tim Fletcher is the National Practice Head for the team. Chambers Global ranked Tim in Band 4 for dispute resolution. The Legal 500 EMEA recommended him as a leading individual for dispute resolution and recommended him from Best Lawyers International listed Tim for insurance law and litigation. The International Who s Who of Business Lawyers 2015 identified Tim as being among the world s leading asset recovery lawyers. He was named as the exclusive South African winner of the ILO Client Choice Awards in the litigation category. Who s Who Legal 2018 identified Tim as one of the world s leading Insurance & Reinsurance lawyers. The Legal 500 EMEA recommended Eugene Bester for dispute resolution. Best Lawyers International listed him for litigation. Chris Charter is the National Practice Head of the Competition team. Chambers Global 2018 ranked him in Band 1 for competition/ antitrust. Chambers Global ranked him in Band 2 for competition/antitrust. The Legal 500 EMEA recommended Chris as a leading individual for competition. The Legal 500 EMEA recommended him for competition. Best Lawyers International listed Chris for competition/antitrust law and in 2018 listed him as Lawyer of the Year for competition/antitrust law. IFLR recommended him as a highly regarded competition lawyer. IFLR recommended Chris as a leading lawyer for competition. Who s Who Legal identified Chris as one of world s leading Competition lawyers for He was identified in The International Who s Who of Competition Lawyers & Economists 2014 and The International Who s Who of Business Lawyers Chambers Global ranked Pieter Conradie in Band 1 for dispute resolution. The Legal 500 EMEA recommended him for dispute resolution. Best Lawyers International listed him for arbitration and mediation, as well as litigation and in 2018 he was listed for product liability litigation. In 2017 he was listed as Lawyer of the Year for arbitration and mediation. Pieter was identified as a leading lawyer by Who s Who Legal: Litigation for Who s Who Legal identified Pieter as one of the world s leading Product Liability Defence lawyers. He was identified by The International Who s Who of Commercial Litigators 2013, The International Who s Who of Product Liability Defence Lawyers 2014 and The International Who s Who of Business Lawyers Who s Who Legal: Product Liability Defence identified Pieter as a leading lawyer for The Legal 500 EMEA 2015 recommended Anja Hofmeyr for dispute resolution. Chambers Global 2018 ranked Janet MacKenzie in Band 3 for media & broadcasting. The Legal 500 EMEA 2014 recommended Richard Marcus for dispute resolution. Best Lawyers International listed him for litigation. He was also listed in 2018 for insolvency and reorganisation law. Richard was named as the exclusive South African winner of the ILO Client Choice Awards 2018 in the insolvency & restructuring category. Best Lawyers International 2018 listed Burton Meyer for litigation. The Legal 500 EMEA recommended Rishaban Moodley for dispute resolution. Best Lawyers International listed him for litigation and in 2018, he was also listed for arbitration and mediation. Rishaban was named as the exclusive South African winner of the ILO Client Choice Awards for litigation. Aadil Patel is the National Practice Head of the Employment team. Chambers Global ranked him in Band 2 for employment. The Legal 500 EMEA recommended him for employment. Best Lawyers International 2018 listed him for labour and employment law. He was named as the exclusive South African winner of the ILO Client Choice Awards 2014 in the employment & benefits category. Who s Who Legal identified Aadil as a leading labour & employment practitioner. He was identified in The International Who s Who of Business Lawyers 2014, and in The International Who s Who of Management Labour and Employment YEARS IN A ROW Cliffe Dekker Hofmeyr Cliffe Dekker Hofmeyr EMEA CDH has been named South Africa s number one large law firm in the PMR Africa Excellence Awards for the eighth year in a row. RECOGNISED PRACTITIONER Corporate Investigations BAND 1 Recommended us in TIER 1 Ranked Cliffe Dekker Hofmeyr TIER 2 FOR DISPUTE RESOLUTION

9 OUR TEAM For more information about our Corporate Investigations sector and services, please contact: Tim Fletcher National Practice Head T +27 (0) E tim.fletcher@cdhlegal.com Eugene Bester T +27 (0) E eugene.bester@cdhlegal.com Anja Hofmeyr T +27 (0) E anja.hofmeyr@cdhlegal.com Willem Janse van Rensburg Executive Consultant T +27 (0) E willem.jansevanrensburg@cdhlegal.com Zaakir Mohamed T +27 (0) E zaakir.mohamed@cdhlegal.com Rishaban Moodley T +27 (0) E rishaban.moodley@cdhlegal.com Chris Charter National Practice Head Competition T +27 (0) E chris.charter@cdhlegal.com Tracy Cohen Business Development T +27 (0) E tracy.cohen@cdhlegal.com Corné Lewis T +27 (0) E corne.lewis@cdhlegal.com Janet MacKenzie Convergence & New Media Sector Head T +27 (0) E janet.mackenzie@cdhlegal.com Aadil Patel National Practice Head Employment T +27 (0) E aadil.patel@cdhlegal.com Lucinde Rhoodie T +27 (0) E lucinde.rhoodie@cdhlegal.com Pieter Conradie Executive Consultant T +27 (0) E pieter.conradie@cdhlegal.com Richard Marcus T +27 (0) E richard.marcus@cdhlegal.com Belinda Scriba T +27 (0) E belinda.scriba@cdhlegal.com Jackwell Feris T +27 (0) E jackwell.feris@cdhlegal.com Burton Meyer T +27 (0) E burton.meyer@cdhlegal.com BBBEE STATUS: LEVEL TWO CONTRIBUTOR This information is published for general information purposes and is not intended to constitute legal advice. Specialist legal advice should always be sought in relation to any particular situation. Cliffe Dekker Hofmeyr will accept no responsibility for any actions taken or not taken on the basis of this publication. JOHANNESBURG 1 Protea Place, Sandton, Johannesburg, Private Bag X40, Benmore, 2010, South Africa. Dx 154 Randburg and Dx 42 Johannesburg. T +27 (0) F +27 (0) E jhb@cdhlegal.com CAPE TOWN 11 Buitengracht Street, Cape Town, PO Box 695, Cape Town, 8000, South Africa. Dx 5 Cape Town. T +27 (0) F +27 (0) E ctn@cdhlegal.com /JUNE