Restructuring should begin with a forensic audit

A forensic audit at the start of the restructuring process should enable the company to uncover irregularities and take the right remedial measures.

Internal investigations: An alternative for law enforcement authorities?

Internal investigations conducted by enterprises in-house when irregularities are suspected offer many advantages to businesses compared to initiatives undertaken by public law enforcement authorities.

The company as prosecutor

Can evidence from an internal investigation be used in court?

In some industries internal investigations are already standard

Internal investigations are becoming increasingly common, but individuals who face consequences as a result may attempt to undermine the findings or challenge the procedures followed in the investigation — including through seeking the protection of the courts.

A criminal case can also be settled

Legal measures for amicable resolution of a criminal case initiated by a creditor to enforce a receivable against assets depleted by the unlawful acts of the debtor.

Offence of fraudulent encumbrance of assets to frustrate satisfaction of creditors

Sham encumbrance of assets to convince third parties of non-existent legal consequences may constitute a crime. Incurring fictitious obligations is an example.