- Significant Matters
There has been a global shift towards the enforcement of anti-corruption legislation. This coupled with significant fines and penalties, highlights the need for specialised governance, compliance and investigation legal services.
We represent both private and public sector clients, undertaking specialist forensic investigations; providing governance, corruption and regulatory compliance advice; and completing risk management reviews and legal audits.
We act for clients in investigations and proceedings by criminal and regulatory agencies and have been involved in several high profile and public interest cases. These include the largest Ponzi scheme investigation in Africa and one of the largest and most complex tax inquiries in South Africa to date.
Our service extends to identifying specific governance and/or compliance risks that resulted in prejudice and/or losses, and making recommendations to mitigate these.
All of our engagements are led by lawyers, who are able to compile teams of specialists as per the requirements of specific assignments. We are therefore able to implement recommendations flowing from any engagement immediately. These include initiating and defending civil proceedings; initiating disciplinary enquiries and criminal investigations; and taking remedial steps to address the risk of corporate criminal liability.
Our clients enjoy the protection of legal-professional privilege (while teams led by accountants or non-legal firms do not). Our reports, advice and attorney-client correspondence are therefore protected against subpoena or forced disclosure to third parties.
We generally instruct a forensic chartered accountant who plays an integral role in the investigation and acts as a specialist witness. This approach has proven extremely effective. Our expert witness is able to present the evidence in a way which diminishes the importance of other non-expert witnesses who are usually called only to corroborate testimony of others.
Our reach is particularly significant where our clients are affected by anti-corruption legislation with extra-territorial application (eg: the US Foreign Corrupt Practices Act, the UK Bribery Act and the South African Prevention and Combating of Corrupt Activities Act) and by international conventions with wide application (eg: the OECD Convention on Combatting Bribery of Foreign Officials and the United Nations Convention against Corruption).