Corporate Fraud Investigations
Covert Investigation
There is a prevailing school of thought that a suspect should immediately be advised and confronted when fraud is first suspected. However, premature confrontation, not supported by substantive evidence, will rarely elicit any response other than a denial, followed by the suspect (if complicit), alerting co-conspirators and destroying evidence. The net result is that, even in the face of vehement denials, suspicion remains. This is unfair to the suspect, who may be entirely innocent, and to the organisation, which may have been defrauded. Consequently, where there is suspicion, and where it is legal to do so, it is always best to initiate a covert investigation with all suspects unaware and still in place.
Investigative Interviews
Amateur attempts at interviewing a suspect may seriously impair or jeopardize an investigation, often leading to allegations of coercion, mistreatment or a failure by the interviewers to comply with the law or with disciplinary procedures. These allegations may prove difficult to refute, particularly if the interview has not been properly documented and recorded. Interviewing a suspect requires skill, experience and careful planning. It should only ever be contemplated when all the available evidence to support the interview has been collated and assessed, and a flexible yet comprehensive interview strategy has been devised and evaluated. An experienced interviewer will know how best to tackle non-cooperation, evasion, failed recall, stalling tactics and false denials. Haymarket's investigators are expert at interviewing both suspects and witnesses, to the standards required by Civil and Criminal Courts.
Confronting a complicit suspect prematurely, without first securing evidence, invariably results in incriminating material being concealed or destroyed. Where fraud is suspected therefore, it is vital that a skilled and coordinated covert investigation be initiated without delay. The objective is to establish whether or not the initial suspicion is justified and, if so, to identify all parties involved, establish the extent of the fraud and assimilate evidence for subsequent proceedings.
Haymarket is expert at handling corporate investigations – covertly gathering evidence, conducting simultaneous, unannounced investigative interviews with suspects and witnesses, preparing the case for legal proceedings, and, if necessary, giving courtroom testimony.
In cases of corporate fraud, it is often necessary to apply to the Courts for injunctions to search and seize further evidence and/or freeze assets. Haymarket has extensive experience in the execution of the various Civil Orders that are available in theUKand other jurisdictions, and liaising with appointed lawyers to ensure the optimal use of these powers.
We have retained Haymarket on several occasions to investigate internal staff fraud, in the UK and overseas. In every case the quality of Haymarket’s work has been exceptional, enabling and supporting significant financial recovery and disciplinary action.