As anti-corruption legislation tightens around the globe, strengthening the hands of prosecutors, more companies are finding themselves under investigation or closely associated with others who are.
Exposure for corruption is a major risk for corporates. There is zero-tolerance for corrupt practices among governments and with the public at large. Given the increased access to whistleblowing lines and social media it is easier for allegations to come to light than ever before.
Whether facing a regulatory investigation or undertaking an internal one, the use of outside expertise to manage the process can be a real benefit.
GoodCorporation has a suite of investigation services that allow organisations to take control of the issues and make informed decisions. We act as a trusted advisor, providing discrete, impartial advice for the benefit of our clients. We are also able to act under legal privilege when commissioned in the appropriate way.
GoodCorporation has conducted internal investigations of alleged corruption and also worked with organisations under investigation by regulatory authorities.
Investigations – Forensic Analysis
Whether it is a past or present link to a “known” third party or individual or where specific allegations of improper behaviour have been received, a detailed review should be undertaken to identify whether fraudulent or corrupt activity has taken place.
GoodCorporation’s forensic analysis aims to establish the facts by interviewing key personnel and reviewing all applicable records. The analysis includes
- Identifying all implicated parties (internal or external) and the calendar period of concern
- Reviewing physical and digital documents related to financial transactions
- Identifying all financial anomalies
- Reviewing other systems evidence: cross-checking the financial records with email correspondence, both internal-external and internal-internal, written records and physical file review
- Interviewing witnesses: using face-to-face interviews with witnesses to obtain accounts of what has taken place and to understand the context and the nature of the anomalies.
The forensic analysis seeks to uncover any improper business dealings or transactions and provide the exact circumstances surrounding them.
Typically this type of analysis would be undertaken in close cooperation with the company’s local legal and HR advisers to ensure that the methods adopted protect the organisation should any matter be taken further under local law.
Investigations – internal eDiscovery
- Work with the internal IT department to identify and search for all digital records pertinent to the investigation.
- Narrow this information down to the relevant documents.
- Ensure that any electronic records are not compromised from a legal standpoint
Defence Case Support – Adequate Procedures
- Help organisations demonstrate that they have adequate procedures in place to prevent bribery and corruption.
- Conduct detailed assessments of anti-corruption policies and procedures at head office and site level
- Review the effectiveness of the organisation’s anti-bribery controls in the field
- Provide advice for strengthening policies, systems and procedures
- Benchmark the company’s procedures against a large database of other organisations, to help demonstrate that an organisation’s procedures are comparable to its peers (or better).
Defence Case Support – Control Integrity Analysis
- Employ GoodCorporation’s control integrity analysis methodology to support the defence of an organisation faced by potential allegations of violating bribery and corruption laws.
- A control integrity analysis builds on GoodCorporation’s adequate procedures reviews and seeks to demonstrate that the local controls in place are functioning as described and have integrity
- The analysis can cover: due diligence records, supplier payments, bank statement reconciliation, non-standard payments, agents and intermediaries, employee payments , customer documentation, ABC registers
Defence case support – eDiscovery
- If litigation becomes likely eDiscovery on the organisation’s digital records will be required. Correct eDiscovery ensures that an organisation’s digital records are admissible as evidence in support of the defence case. During the discovery phase the prosecution may also request these records.
- eDiscovery must comply with the relevant standards required for digital evidence in the country of prosecution and how these apply to the collection, storage, protection and management of data subject to discovery.
If required GoodCorporation can manage the process of eDiscovery and direct the activities of the third party provider. Alternatively the organisation can perform eDiscovery internally and GodCorporation can advise on a software solution for the purpose.