Forensic, compliance and white-collar crime
Bowman Gilfillan has a dedicated forensic, compliance and white-collar crime practice area. The team members are specialist forensic attorneys with considerable experience in forensic matters. The directors in the practice area are certified fraud examiners.
The firm’s continental and global reach is particularly significant in forensic, compliance and white collar crime matters where many of the firm’s clients are increasingly affected by anti-corruption legislation with extra-territorial application (such as 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 (for example, the OECD Convention on Combatting Bribery of Foreign Officials and the United Nations Convention against Corruption).
In recent years there has been a global shift in focus away from pursuing corrupt public officials towards the enforcement of anti-corruption legislation against businesses and company representatives. This shift in focus, coupled with the increasingly aggressive enforcement of anti-corruption legislation and the accompanying significant fines and penalties highlights the need for specialised forensic, compliance and white-collar crime legal services.
Members of our practice group are regular contributors to local and international forensic and investigation publications and members of the team are also regular speakers at conferences and seminars and have occassionally been guest speakers on radio and television on white-collar-crime-related matters.
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Our forensic and white-collar crime practice area is one of the largest and broadest-based practices among the major South African law firms and our team is recognised as one of the leading legal forensic practices in the country.
The team is comprised of highly qualified and experienced lawyers and all of our engagements are lawyer led. Where required, multi-disciplinary teams of specialists including forensic auditors, computer forensic specialists and investigators exercise their skills under the direction of our attorneys.
As a result the practice area being an integral part of the law firm and that our engagements are all led by specialist forensic attorneys, clients enjoy the protection of legal-professional privilege and the investigative reports, client advice and attorney-client correspondence, inter alia, would be protected against subpoena or forced disclosure to third parties.
Our practice area is fully integrated with the firm’s litigation, regulatory and employment practices and members of the practice area also leverage off other legal specialists within the firm to enable the provision of complete end-to-end solutions. As a result, we are immediately able to implement recommendations flowing from any forensic engagement, including the initiation or defence of civil proceedings, the initiation of disciplinary enquiries or criminal investigations, and taking remedial steps to address the risk of corporate criminal liability.
Our forensic and white-collar crime practice area has the expertise and capacity to provide full-service forensic and compliance services. The practice area represents both private and public sector clients and focuses on clients who are the victims of white-collar crime, or whose mandates include the investigation of white-collar crime.
The team also advises corporate clients who become involved in investigations and proceedings by criminal and regulatory agencies. Our main focus areas include:
- Fraud prevention
- Fraud risk analysis and due diligence
- Commercial recoveries and other proceedings
- Vetting and asset tracing
- Advisory work
- Public procurement
For more information on forensic, compliance and white-collar crime click here.