UNDERSTANDING AND MANAGING CORPORATE CRIME RISK

Most organizations do not have a comprehensive approach to preventing and deterring Corporate Crime. In fact, most companies don’t think about Corporate Crime until they experience one. When Corporate Crime occurs, they go into crisis mode, investigate and try to resolve the Corporate Crime, and then wait until another Corporate Crime occurs. Through our servicelines we help private and public organizations identity the nature and extent of Corporate Crime and deliver appropriate remedies to establish a more comprehensive approach to preventing and deterring Corporate Crime.

PRAETOR MAXIMUS FORENSIC AUDITING (PMFA)

Fraud has serious consequences for organizations operating in an international business environment. In such an environment, organizations are operating under serious pressure, competition is stiff and margins are tight. This, in conjunction with trying to adapt to unfamiliar legal systems, conventions and specific political circumstances, can make doing business in an international environment very difficult. There is therefore much depending on whether an organization can win a contract, obtain a licence or market a product in good time.

Praetor Maximus Forensic Auditing (PMFA) provides the services required to help private and public organizations identity the nature and extent of financial crime and deliver appropriate remedies: Fraud Risk Assessment, Fraud Risk Management, Fraud Investigations, Compliance Assistance, Integrity Due Diligence, Forensic Business Intelligence, Litigation, Negotiation and Reputation Management.

WE ARE DIFFERENT!

We combine the qualities of traditional criminal defence lawyers, consultants and in-house lawyers. Like traditional criminal defence lawyers, we deliver high quality legal advice. Like consultants, we have the skills, can-do approach and technology support to handle complex projects. Like in-house lawyers, we work together with other areas of expertise like finance, tax, strategy, compliance, audit, risk management, marketing and HR.

SPECIALISED LEGAL SUPPORT

Our strategic alliance with Causa Finalis Law Firm (CFLF) enables us to co-operate with this legal firm if this is beneficial to our clients. We have a great deal of expertise to offer adequate legal assistance within the (Corporate) Criminal Law. We assist suspects during questioning by the law enforcement authorities, provide support during searches, maintain contact with the law enforcement authorities and the public prosecutor and seek possibilities to close the criminal prosecution, preferably without having to go to trial.

SPECIALISED FORENSIC AND INTEGRITY SERVICES

We provide the services required to help private and public organizations identity the nature and extent of the financial crime and deliver appropriate remedies: Fraud Risk Assessment, Fraud Risk Management, Fraud Investigations, Compliance Assistance, Integrity Due Diligence, Forensic Business Intelligence, Litigation, Negotiation and Reputation Management.

Our Anti-Fraud Strategy

Praetor Maximus Forensic Auditing’s anti-fraud strategy has four (4) main components: (1) Prevention, (2) Detection, (3) Response and (4) Deterrence. The various elements of an effective anti-fraud strategy are closely interlinked and each plays a significant role in combating fraud. The combination of effective fraud prevention, detection and response measures will create an effective fraud deterrent.

Fraud Prevention

The attitudes within your organization lay the foundation for a high or low fraud risk environment. Where minor unethical practices may be overlooked, larger frauds may also be treated in a similar lenient fashion. In such an environment there may be a risk of total collapse of your organization either through a single catastrophic fraud or through the combined weight of many smaller frauds.

Fraud Detection

There are a range of fraud indicators – both warning signs and fraud alerts – which can provide early warning that something is not quite right and increase the likelihood that the fraudster will be discovered.

Fraud Response

Any organization should set out its approach to dealing with fraud in its fraud policy and fraud response plan. Organizations should ensure that this includes provision for learning lessons from fraud incidents and appropriate, prompt follow-up action.

Our Fraud-Fighting Approach

Deterring Fraud Recruitment

People typically become involved in already existing fraud schemes as a result of power that is exercised on them by another individual. The five (5) separate types of power include: reward, coercive, expert, legitimate and referent. It is through either one or a combination of several types of power that a potential fraud perpetrator is influenced to become involved in a fraudulent scheme.

Create a culture of honesty, openness, and assistance

Creating a culture of honesty, openness, and assistance includes three (3) factors: (1) hiring honest people and providing fraud awareness training; (2) creating a positive work environment, which means having a well-defined code of conduct, having an open-door policing, not operating on a crisis basis, and having a low-fraud atmosphere; and (3) providing an employee assistance program that helps employees deal with personal pressures.

Eliminate opportunities for Fraud

The five (5) ways to eliminate Fraud opportunities are: (1) having good internal controls; (2) discouraging collusion between employees and customers or vendors and clearly informing vendors and other outside contacts of your company’s policies against fraud; (3) monitoring employees and providing a hotline (whistle-blowing system) for anonymous tips; (4) creating an expectation of punishment; and (5) conducting proactive auditing.

Comprehensive approach to preventing and deterring Fraud

Fraud has serious consequences for organizations operating in an international business environment. In such an environment, organizations are operating under serious pressure, competition is stiff and margins are tight. This, in conjunction with trying to adapt to unfamiliar legal systems, conventions and specific political circumstances, can make doing business in an international environment very difficult. There is therefore much depending on whether an organization can win a contract, obtain a license or market a product in good time.

Proactive Fraud Auditing

Very few organizations actively audit for Fraud. Rather, their auditors are content to conduct financial, operational and compliance audits and to investigate Fraud only when symptoms are so egregious that fraud is suspected.

OUR COMPREHENSIVE LEGAL APPROACH

Our strategic alliance with Causa Finalis Law Firm (CFLF) enables us to co-operate with this legal firm if this is beneficial to our clients. Our comprehensive legal approach to preventing and deterring financial crime involves:

  • Advising the central government, the provinces and municipalities as well as their companies and partners on the needs of the public sector.
  • Providing comprehensive support for entities in the financial sector and combining regulatory expertise with broad networking in the market, with supervisory authorities, associations and legislators.
  • Advising industrial and family businesses on legal issues related to business operations.
  • Supporting firms in organizing and enforcing law within the company and avoiding liability, as well as partners in all matters of monitoring and succession.
  • Assisting businesses and private clients with corporate criminal matters, administrative supervision and enforcement cases, and internal and external investigations.

Administrative and Public Law

Causa Finalis Law Firm (CFLF) has a great deal of expertise to offer adequate judicial and extra-judicial assistance within Decisions of administrative bodies, Submitting a notice of objection, Notice of objection and appeal, Licence appeals service (revocation and refuse), Enforcement (administrative coercion, penalties and administrative fines), Adminstrative Contracts, Spatial planning; zoning and exemptions, Certificate of Conduct is refused, Constitutional Law and Human Rights, Public Administration Probity Screening Act and Temporary Restraining Order (TRO) and Area Ban.

Civil Protection Order

Causa Finalis Law Firm (CFLF) handles litigation of contentious matters through court actions, and aggressively defend and prosecute her clients’ interests in a wide variety of civil legal proceedings. We assists clients with that are faced with the various aspects in the field of domestic violence, assault, harassment, stalking, or sexual assault.

Corporate Criminal Law

Causa Finalis Law Firm (CFLF) has a great deal of expertise to offer adequate legal assistance within the field of General Criminal Law, Economic Offences, Financial Criminal Law, Criminal Tax Law, Environmental Offences, Fraud and Bribery, and Internal Investigations and Audits.

Employment and Benefits

Causa Finalis Law Firm (CFLF) understands that employment law issues often require a pragmatic and practical approach. We are experienced and committed to provide our clients with high-quality and constructive customized advice, taking the very latest developments in employment law into account. We assists in drafting your contracts, employee handbooks and advises on employment conditions. We assist in legally managing employment risks and provide you with strategic advice.

COVID-19

Given the current circumstances and the containment measures ordered by the Dutch government, we would like to assure you that the safety of our clients, employees and attorneys and the continuity of the best services are our top priorities. Praetor Maximus Forensic Auditing (PMFA) is equipped with a high-performance and secured IT platform that enables our attorneys and support teams to ensure the continuity and quality of our services. All the physical meetings are cancelled and will be replaced by telephone conferences or video conferences. We thank you for your understanding and remain at your disposal for any questions you may have.