Fraud Investigation

The viability and success of a business is a determining factor in your livelihood, and the livelihoods of those who are employed by such company, and contribution to the economy, to name but a few factors. However, an incident or incidents of fraud can lead to astronomical losses at times or even the unfortunate circumstance of the closure of such business which has a ripple effect on the factors mentioned above. When fraud is detected within your company, Advocate Rai's consulting firm will employ specialised fraud and other investigative techniques that make it possible to pinpoint the root cause of such fraudulent activity.

Under normal circumstances and in the ordinary course of events, it is relatively simple to sit around a board room table and raise suspicion about the actual perpetrators and methods of fraud used within a company. This element of suspicion and assumption will not pass judicial scrutiny within the criminal court environment. With Advocate Rai’s years of experience, especially as a Prosecutor and presiding Magistrate, he is well equipped with the knowledge of the requirements for a smooth and successful prosecution to ensue at court proceedings.

After an assessment, a report will be compiled together with sworn statements where possible. Other evidence will be collated in a manner most appropriate and in line with criminal procedure so that your matter is more acceptable in a Criminal Court environment. This consulting firm will also liaise with the prosecuting services to ensure that your matter is given its due attention and follows the proper processes without undue delay or other inhibiting factors.

When compared to serious violent crime, it is quite fortunate that the losses incurred by fraudulent crimes are monetary and can be recovered.  Recovery of monetary losses instituted in the Civil Court can take many years where large sums of money are involved. Worse still, is the real possibility of just a mere fraction of that money being recovered in the Civil Courts as there is no criminal sanction for the non-payment of monies. However, with the proper use of legislation used in the criminal court environment, the speedy recovery of monetary loss is possible, sometimes even before the initiation of a criminal trial. The effecting of orders of forfeiture of assets of suspects will be initiated by Advocate Rai's firm where possible, to ensure all losses or significant portions thereof are recovered.  It is often seen in the event of panic from perpetrators of fraud, that they begin to dispose of assets and proceeds of crime before any matter sees the light of a court day. However, even in this circumstance, Advocate Rai will initiate applications to recover assets which have previously been hastily disposed of. It is unfortunate for unsuspecting companies who employ a fraud investigator / forensic investigator that are unaware of the possibilities of the recovery of losses in a criminal court environment. At this consulting firm, this approach is high in the list of priorities in proceedings.

With the above being a reactive approach, a proactive approach at companies may be required. It has been noted by Advocate Rai that a worrying and notable trend is ongoing fraudulent activities that persist for months, or even years, at companies by employees while under the watch of unsuspecting employers. When the fraudulent activity / activities is / are eventually detected, losses have escalated to astronomical figures. The proactive approach by the firm allows for an assessment to be done which may reveal previously undetected fraud within such company and / or to assess any weak points within the organisational structures and systems within the company which may have otherwise allowed for fraudulent activity. The firm also employs the services of private investigators and forensic auditors where necessary.