From forensic finding to recovery: converting an investigation report into results
An investigation report is not an end in itself. Its value lies in the disciplinary, civil and criminal action it enables — and in the remediation of the control failures it exposes.
Our forensic practice conducts investigations into high-level fraud and corruption, white-collar crime, and tender and supply-chain irregularities. The most common failure we observe is not in the investigation itself but in what follows it: reports that are commissioned, delivered and then shelved, while the underlying conduct — and the exposure — continues.
Three avenues of action
- Disciplinary action against implicated employees, initiated promptly and chaired independently;
- Civil recovery of losses through damages claims, and in the public sector through proceedings under the applicable financial management legislation; and
- Criminal referral, including the reporting obligations imposed by section 34 of the Prevention and Combating of Corrupt Activities Act.
Remediation matters as much as recovery
Flowing from our findings, we advise clients on remedial steps aimed at correcting flaws in internal policies and procedures: supply chain policy redrafting, delegations of authority, declaration-of-interest regimes and consequence-management frameworks. An investigation that produces recoveries but leaves the control environment unchanged will be repeated.
We are able to represent clients in all litigation flowing from our findings, and our investigators have testified as expert witnesses in both disciplinary and court proceedings.
This article is general commentary on developments in the law. It does not constitute legal advice, and no attorney-client relationship arises from it. Please contact us if you require advice on a particular matter.