Professional Consulting Services Tailored to Your Needs
The growing complexity and effectiveness of anti-corruption regulatory enforcement requires organizations to develop effective investigative protocols. Protocols enable organizations to gauge the scope and severity of potential noncompliance. Organizations that understand and responsibly remediate instances of misconduct have more productive outcomes both internally and with regulators, including the chance of avoiding imposition of a monitor. Such remedial measures can include the creation, installation and monitoring of corporate compliance and governance programs. FTI Consulting helps organizations avoid violations and, when events of noncompliance are suspected, assists them and their counsel in conducting fact-finding investigations utilizing leading investigative protocols, tools and techniques.
How We Help
Corporate legal counsel (GC), chief compliance officers (CCOs), boards of directors, government enforcement agencies, and government-appointed monitors rely on us to respond to alleged violations of anti-corruption legislation. These include the U.S. Foreign Corrupt Practices Act (FCPA), the UK Bribery Act (UKBA), Brazil’s Clean Company Act, and other anti-corruption statutes.
Any number of corporate risks, if realized, can significantly impact an organization’s operations and may lead to costly business disruptions. Corporate risks involving allegations of improper business conduct often require an internal investigation. Leading companies, law firms and enforcement agencies around the globe rely on FTI Consulting as a trusted, independent partner to assist in responding to allegations, conducting investigations, managing collateral consequences to corporate reputations and mitigating the financial impact. Our senior expert team designs and executes practical investigative strategies, utilizing advanced technologies to gather and analyze facts that bring a corporate investigation to a successful conclusion.
How We Help
Organizations need to understand the risks that are prevalent within their industry, how those risks can impact their business, the relevant regulatory landscape, and how to allocate resources to respond to and mitigate those risks. Even organizations that have effectively designed internal controls and compliance programs can find themselves susceptible to business risks and actions that trigger investigations. Having an effective investigative response capability is critical.
FTI Consulting can help. Our senior practitioners have extensive experience uncovering the facts, leveraging proven methodologies and advanced forensic technologies. With speed, efficiency and discretion, we investigate the facts with minimal disruption to daily business operations, and produce results quickly. Our forensic specialists, licensed private investigators, financial and economic experts, and communication professionals have decades of experience in all industries and business sectors.
Organizations rely on our extensive portfolio of corporate risk mitigation and investigative capabilities, including:
- Expert-led investigations. Our experts, many of whom have worked in enforcement and investigative agencies around the world, are highly skilled at identifying and untangling the interdependencies that link people, corporate entities, money flows, business partners and outsiders to the critical events under investigation. We can deploy anywhere in the world or work remotely with minimal disruption to employees and business operations. Our team has conducted and completed thousands of successful assignments involving various subject matters, including fraud, conflicts of interest evaluations, bribery schemes, violations of employee non-solicitation agreements, and more.
- Intellectual property theft and trade secret misappropriation. Our team has a strong track record in helping corporations protect against, detect, and contain trade secret theft and other types of intellectual property (IP) theft, including those involving state-sponsored economic espionage. We help identify risky behavior among departing employees, recover deleted or stolen data, gain access to password-protected files, and find key documents and system artifacts in a minimum amount of time. We routinely deliver initial results and reports within 24 hours. If testimony is needed, we can provide expert and fact-witness testimony about the results of our investigations.
- Data remediation. Using an array of data analytics tools and thorough and tested workflows, we help organizations defensibly, securely and permanently delete data and document the process to reduce future enterprise risk.
- Social media, chat, and cloud-based data handling. Our team has the deep expertise and experience to quickly collect and preserve cloud data in a secure manner. Legal and information technology teams rely on our ability to leverage proven software, tools, and methodologies to easily search, collect, preserve, and review emerging data types along with other enterprise information. You can then quickly understand and act upon the content for legal matters, investigations or regulatory responses.
- Software licensing, audit and piracy investigations. To reduce risks and save on costs, software publishers and other organizations must be able to analyze the use and misuse of software licenses. From license audits and software piracy investigations to software asset management, our global team of recognized experts in digital forensics, brand protection, licensing compliance and investigations helps corporations monitor and protect these valuable assets.
- E-discovery services. Clients benefit from our deep experience in working on many complex e-discovery challenges — assessment of scope and disposition of data to be acquired, preservation of relevant electronic evidence, forensic collection of a full array of data types, or preservation and reconstruction of corrupt or deleted data. Additionally, we’ve worked on email fabrication and alteration matters, testified about authenticity of documents, and completed deletion analyses from cell phones, email servers and other sources. Throughout the entire litigation lifecycle — from the earliest stage to presentation at trial — clients benefit from our proven methodologies that provide a strategic and logistical advantage.
Global organizations must provide data in international jurisdictions for regulatory requests, discovery and investigations. Unique problems often arise, including data privacy issues, security concerns, language and cultural barriers, and logistical challenges. Having a partner that understands the legal landscape is a significant advantage when facing legal or regulatory issues with international implications. For decades, FTI Consulting has been a trusted, independent partner for many of world’s top law firms and multinational corporations. Our cross-border teams with experience in local jurisdictions make the difference between a painless problem and an overwhelming challenge.
How We Help
With offices in every major geographic region, our established teams are on the ground wherever your matter occurs, ready to act. Like many of our clients, we maintain secure data centers in multiple countries, including the U.S., Canada, U.K., France, Shanghai and Australia. Our senior practitioners have deep expertise in working with local data privacy laws, statutes and even state secrecy regulations. Clients continually rely on our multidisciplinary teams when they need to address laws and regulations in the jurisdictions in which they do business. From Arabic to Vietnamese, our practitioners are fluent in more than 30 languages and dialects. Our professionals are qualified attorneys in the regions where data resides. They are not only fluent in the local language, but also well versed in the jurisdiction’s legal principles and customs.
Our teams have deep experience with investigations, including internal, regulatory response, FCPA, fraud, IP theft, financial, and corporate due diligence, to name a few. We can deploy anywhere in the world to conduct a complete on-site investigation with a minimum of business disruption. Clients benefit from our tested, established workflows, our highly skilled teams and on-the-ground resources, even in countries where legal resources are typically difficult to source.
In addition to our expertise with cross-border data collections, our managed review teams provide efficient legal review globally. Our multilingual review attorneys are trained on best-in-breed platforms, tested processes and a variety of case types. Clients trust us and engage us because we work in highly controlled environments with maximum security and confidentiality. With deep experience handling complex multinational litigation and investigations, we securely collect, process, analyze and produce data from a variety of sources, including email, voicemail, backup tapes, mobile devices, social media, the cloud, shared server files and databases.
Most global organizations have to contend with export controls, sanctions and trade-related risks. To stay current with regulatory requirements and prevent or resolve export controls- and sanctions-related issues, many of the world’s top law practices, private equity firms, top bank holding companies, and half of the Global 100 partner with FTI Consulting. They leverage our decades of government enforcement and in-house risk and compliance experience and our global geographic footprint. We help them navigate the complexity of export controls and sanctions compliance by distilling these complex issues into manageable, actionable, and auditable internal controls.
How We Help
Proactively identify and assess your organization’s risks
- Design and implement a compliance program. If you need to develop, design, implement, or test your export controls and sanctions compliance programs to protect against regulatory and trade risks, we help with every step. We conduct risk assessments and gap analyses to develop practical solutions to meet the requirements of the laws affecting your business. Also, we create and deliver training for your organization where needed, in the format and language you require.
- Assess potential hurdles in export transactions. Our team can efficiently assess your organization’s potential hurdles in export transactions, and evaluate alternatives, seek authorizations where needed, and identify exemptions, license exceptions, and general licenses or specific licensing provisions that may apply.
- Implement independent monitoring and oversight. We have unparalleled experience working with companies that are under the intense scrutiny of government-mandated audits and monitorships. If you require it, we will serve as the independent monitor or consultant, reporting directly to the government agencies involved, or perform directed audits as an independent auditor. We can also support your executives as they work collaboratively with your appointed monitor or auditors to ensure all issues are remediated, and that a practical, sustainable, and effective compliance program is implemented.
Prepare for an investigation or respond to a crisis
- Respond to allegations of noncompliance. Whether you need to conduct internal audits, internal investigations, or prepare disclosures for regulatory agencies, our team’s extensive experience includes both civil and criminal government-initiated inquiries, subpoenas, and investigations. Our clients rely on the collective power of our firm — digital forensics, forensic accounting, data analytics, technology, and white-collar defense. We assist with responding to allegations of regulatory transgressions and help conduct audits or tests of your controls to determine if they are functioning properly. If they are not, we help to plan and implement the full remediation effort required.
- Manage compliance crisis challenges. When export controls- or sanctions-related crises arise that present significant reputational, financial, and operational risk to your organization, rely on FTI Consulting. Drawing upon decades of industry experience in regions across the globe, we know the right actions to take to manage export controls and sanctions crises. Because of our unique multidisciplinary approach, including our strategic communications team and international footprint, we’re able to provide a multipronged, regionally tailored response. You benefit from the collective advice of our export controls and sanctions experts, litigation consultants, strategic communications professionals, and on-the-ground government relations professionals.
- Handle the most cutting-edge, complex areas. Our clients rely on us to manage the most difficult areas of export control and sanctions laws. These include emerging technologies, research and development, encryption, de minimis calculation analysis, deemed exports, blocking statute conflicts, secondary and sectoral sanctions, intra-company transfers, M&A compliance program due diligence and post-closing integration, and global supply chain restructuring.
FTI Consulting’s SEC & Accounting Advisory practice was established to support and assist companies addressing their most critical accounting and regulatory needs. Our team of seasoned accounting and former SEC and other regulatory professionals has extensive experience addressing complex accounting, investigative, and regulatory issues, including communications with regulators. FTI Consulting combines the responsiveness of a local practice with the deep technical skills, significant resources, and scalability of a global business advisory firm.
Regulatory and Investigative
Our professionals bring a proven track record of assisting companies in investigating and resolving accounting-related matters subject to SEC enforcement and other regulatory actions. Our expertise allows us to quickly identify key individuals, decisions, systems, and actions en route to presenting findings and recommendations to stakeholders. We are experienced in conducting investigations on behalf of company management, boards of directors and audit committees, and know how to successfully navigate each sponsor’s unique set of risks. Our investigative methodology is designed based on our history of successful investigative assignments.
Accounting Advisory
In addition to helping companies properly apply U.S. and international accounting and financial reporting standards, our extensive public accounting and project management experience can resolve challenges for virtually any entity, from start-ups to established SEC registrants. Our credibility with regulators and Big Four and other auditors helps us provide reliable advice in a manner that complements the client’s audit relationship. We are able to quickly resolve issues and reduce the risk associated with a restatement. As a global business advisory firm, we can supplement our core team with experienced professionals from other FTI Consulting practices to address related issues, such as IPO readiness.
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Certifications
We have industry specific certifications in Forensic accounting, Cyber security, data privacy and Investigation.
Badge of Excellence
Our Badge of Excellence is awarded exclusively to individuals who demonstrate exceptional practical skills in forensic accounting.
Practical Learning
Learning at GAFA includes hands-on experience through case studies, access to lab environments and real-life scenarios of solving the cases.
Job Placement
GAFA offers dedicated placement support, connecting certified professionals with top opportunities in forensic accounting and fraud -investigation.
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Investigations
Clients benefit from our deep industry expertise and data and analytics capabilities when they engage us for investigative services. In addition, because of our global presence, our trained investigators and data specialists have the knowledge and understanding of the laws, regulations and cultural nuances (including local practices and language capabilities) in jurisdictions throughout the world. Our services cover the investigation of allegations and assistance with remediation. We also advise organizations on proactive corruption risk mitigation.
We offer a wide range of expert support at every stage of a global corruption investigation. Clients task us to:
- Conduct analytical risk assessment reviews over business operations where corruption risks are suspected
- Perform forensic accounting examinations of business transactions
- Collect information through publicly available material and investigate beneficial relationships
- Identify and preserve electronic data and traditional paper records. In addition, we analyze data and uncover relevant documents and information using advanced analytics applied to unstructured data and state-of-the-art tools to analyze structured data sets
- Reconstruct accounting records
- Combine output with information and evidence gathered elsewhere to establish the fact pattern
- Produce a report for key stakeholders based on our investigation that answers the questions who, what, where, when, how and why
- Identify control weaknesses and opportunities to enhance anti-corruption compliance programs and accounting internal controls
- Provide information to assist outside counsel on the appropriate case strategy
- Create a crisis communications strategy and tactical implementation plan
Remediations
Either concurrent with or following a corruption investigation, our integrated teams of professionals help clients report to key stakeholders (including boards of directors) as well as regulators. Also, we develop and implement remedial plans that enhance anti-corruption protocols and internal accounting controls.
Clients rely on our integrated teams to:
- Quantify the proceeds of corruption for disgorgement and recovery purposes
- Calculate a company’s ability to pay fines to support legal counsel in negotiations with regulators
- Act as an independent compliance consultant reporting to the board of directors
- Assist a court-appointed monitor pursuant to a settlement agreement or prosecution
- Develop and implement remediation plans to address control weaknesses in a particular business or systemic issues across the anti-corruption compliance program
- Develop or modify anti-corruption policies and procedures