criminal

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.

Selective payment of creditors can be a crime

Arbitrary, selective payment of only certain debts may result in criminal liability of the debtor, including in a case where it is only threatened with insolvency, if such action exposes other creditors to a loss.

A dishonest party may be required to pay a debt through criminal proceedings

The penal sanction of the duty to redress loss or provide satisfaction for injury, which may be imposed on a dishonest debtor by the criminal court, protects the interests of creditors.

Combating corruption: A task for Sisyphus?

There are numerous legal tools for fighting corruption. But do they offer an effective remedy for a socioeconomic affliction?