White collar defense

Matters we handle

• Money laundering and tax offences Investigations under the Prohibition on Money Laundering Law, 2000 and the tax legislation. These cases are document-heavy, and the first task is to establish where the money came from, how it moved and what the client knew at the time.
• Offences by directors and officers Allegations of fraud, breach of trust, false reporting and misuse of company assets, whether raised by an authority, a shareholder or the company's own auditors.
• Securities offences Insider trading, misleading reports and market conduct that falls under the Securities Law, 1968.
• Computer, internet and online gaming offences Matters where the alleged conduct took place online and the evidence is digital: logs, account records and device data.
• Offences by public officials Allegations of bribery, breach of trust and misuse of office, where the public profile of the client adds a layer to every decision.
• Antitrust and intellectual property offences Criminal exposure that arises from cartel conduct or from infringement of protected rights.

How the process usually unfolds

1. First contact A client may receive a request to attend for questioning, a search warrant, a letter from a regulator or an internal complaint. Before any statement is given, we find out what the authority knows and in what capacity the client is being asked to attend, as a witness or as a suspect.
2. Questioning A detained person is entitled to meet and consult a lawyer under the Criminal Procedure (Enforcement Powers - Detention) Law, 1996. We advise every client to take legal advice before attending any questioning. We prepare the client for the interview and, where the procedure allows, attend to protect the client's rights.
3. Review of the investigation file Once the authority decides whether to proceed, we review the evidence against the client and identify what is missing, what is disputed and what was collected improperly.
4. Representations before a decision In many cases the prosecution allows the client to present written and oral arguments before an indictment is filed. A carefully prepared hearing can narrow the charges or end the matter.
5. Trial and appeal If an indictment is filed, we defend the client at trial and handle any appeal.

Internal investigations and compliance

Companies often act before any authority does. When a manager reports suspicious payments, or an audit finds irregularities, the board needs facts quickly and needs them collected in a way that protects the company. We run internal investigations, interview employees, preserve documents and advise the board on what to do with the findings, including whether and when to report to a regulator.

We also write and review compliance programs: anti-money laundering procedures, codes of conduct, gift and hospitality rules, whistleblower channels and training. A program that exists on paper but is not followed does not help the company. We design programs the staff can actually use.

Questions clients ask