Categories: Investigative Due Diligence

The CFO of a major global company based in Korea was alleged to have embezzled the equivalent of $5 million of company funds and then fled to the United States where he was suspected of staying with relatives.   An investigation was conducted in Flushing Queens where there is a large Korean population.  Investigators visited several addresses identifiable with the subject's family, performed neighborhood canvasses and circulate "wanted poster" style flyers in the neighborhood offering a reward for information leading to the subject's voluntary return to Korea.  The investigation resulted in the subject surrendering to a local police precinct and eventually agreeing to return to Korea to face criminal charges.

In response to an action taken by the Federal Reserve Bank of New York and the New York State Department of Financial Services, provided investigation, financial analytical and project management resources to one of the first-ever "transaction lookbacks" performed in connection with a bank regulatory action related to the institution's systemic failures to detect and report suspicious activity.  The project consisted of an exhaustive review of U.S. based transactions spanning multiple years seeking to identify and report previously unreported suspicious activity.  The project enabled the bank to avoid severe penalties and restrictions being imposed on the bank and led to widespread improvements to the bank's transaction monitoring, investigation and suspicious activity reporting processes.

Assisted a global manufacturer in connection with an investigation of suspected intellectual property theft of proprietary manufacturing technology and inventory.   The investigation included background investigations of former employees, legal entities identifiable with these employees, examination of outbound telephone calls from the plant to these employees which showed ongoing interaction between current and former employees.  The investigation also involved use of the undercover technique to engage directly with individuals suspected of offering the client's reverse engineered machinery for sale.  The investigation revealed that numerous former employees who possessed the requisite engineering expertise used the company's designs to create manufacturing machinery and offer it for sale at well below its market value.  The investigation also revealed that finished product and raw materials were being systematically stolen by insiders who then provided the stolen goods to a network of former employees who transported them to neighboring Ukraine for sale in the black market.  The results of the investigation enabled the company to identify employees who were involved in the IP and property thefts and take action to shut down the theft ring and strengthen their controls.

On behalf of a federal financial regulator,  performed comprehensive background investigations of applicants to receive federal funds in connection with efforts to restart the country's asset-backed securitization markets by infusing capital into various types of consumer and commercial mortgage lenders. Hundreds of organizations applied for funding including numerous institutions that were eventually charged criminally in relation to the widespread mortgage-backed securities fraud that triggered the financial crisis in the first place.  Through our efforts, the regulator was able to prevent the program from lending to ineligible borrowers such as those that were under investigation.

In connection with a dispute between two mining companies over the ownership of a  foreign mining concession, a comprehensive investigation of the client's legal adversary was performed to include an examination of publicly available information, manual public records and a wide range of human intelligence assets.  The investigation revealed potential improper payments paid to one or more government officials, the involvement of a notorious mining concession broker, unsanctioned logistical support provided a paramilitary group, the unlawful displacement of indigenous people to enable the construction of a country club and a bribe paid to a tribal elder.  The information assisted the company's outside counsel is connection with his ongoing investigations with opposing counsel and the country from whom the concession was granted.

Following revelations that it had been defrauded in a Ponzi scheme with exposure of over $80 million, a major hedge fund requested a comprehensive review of its investment due diligence processes including its use of investigative due diligence of potential investment deals.   The project consisted of a detailed review of the entities and individuals through whom the fund had invested, prior investigative due diligence performed, its sufficiency, how the fund responded when there were adverse findings and the extent to which these reports factored into their overall investment decision.  Upon the issuance of our report, the fund made numerous changes to its investment due diligence processes and investment governance.

In connection with ongoing negotiations with U.S. and Brazilian law enforcement and regulators, a Brazil-based aerospace and defense company needed assistance in the design, implementation and administration of their third-party anti-corruption program, the centerpiece of their newly revamped anti-bribery and corruption compliance program.  The team worked with compliance leadership to inventory the various categories of third party, isolate the intermediaries, harmonize the taxonomy used to describe the various intermediaries and develop a tailored risk scoring methodology that considered country, relationship, relationship size, nexus to government officials and state-owned entities and government agencies, watchlist findings and adverse disclosures.  The team also designed the entire onboarding work flow to include business sponsor forms, third party questionnaires, risk scoring, watchlist screening, investigative due diligence requisitions and fulfillment, interpretation of results, follow-up actions and decisioning.  The company's third party anti-corruption program and other actions it took enabled them to enter into a favorable settlement with Brazilian and U.S. enforcement authorities.

On behalf of a Swiss headquartered investment bank, a due diligence investigation was performed of the investment group seeking investment banking investment in connection with the planned roll-up of numerous assisted living and nursing home facilities.   One of the individuals who had been described in the prospectus as the primary investor, had one item in the initial background check showing a recent criminal charge in the State of California.  State public records have a limited amount of information that is available electronically.   Consequently, a field investigator was deployed to review the manual court records and to make inquiries.  The field investigation revealed that the state prosecution was being held in abeyance in an anticipation of a forthcoming federal indictment charging embezzlement and criminal money laundering.   Further investigation revealed that this individual was an attorney who was charged with embezzling over $3 million from escrow monies on deposit with his law firm and using that money to fund his lifestyle.   It further revealed that his law practice had recently been closed down and filed for bankruptcy liquidation.  The investigation enabled the investment bank to deny the investment which in all likelihood would have been used to assist the main borrower to flee the jurisdiction along with the bank's investment.

A European metals manufacturer received a series of allegations via its confidential reporting hotline and in emails to the audit committee, customers and other key stakeholders in which the reporter alleged that the general manager of their Chinese manufacturing plant was involved in vendor kickbacks, improper dismissals to create opportunities for friends and family members and sexual harassment and assault.  The ensuing investigation included background investigations of the China GM, a review of email communications, human resources employment and dismissal records and employee onboarding and ultimately, an interview with the GM.  None of which served to corroborate the allegations.  The investigation concluded with a report listing out the various investigative steps performed in an effort to corroborate the allegations which served to support the decision to close the investigation with no further action.  It also included an outbound email to the whistleblower dignifying his allegations, explaining the fact that the company took his allegations seriously and investigated them but was not able to prove what he had alleged.   No further allegations were received from this whistleblower.

A global manufacturer of highly engineered products retained WCF personnel after an acquisition due diligence report of a proposed merger revealed that an acquisition target may have made improper payments to various government officials in exchange for the award of lucrative government contracts. The work included a review of policies, procedures and internal controls, background investigations of key individuals, an extensive review of vendor disbursements and gifts, travel and entertainment expenditures and other forensic, investigative and compliance risk assessment procedures. The culmination of our work was the joint development of a Management Action Plan of steps that the acquisition target was required to take prior the transaction’s closing and then a follow up audit to determine that each step in the action plan had been taken as agreed. This work enabled the client to complete its purchase of a strategically important target while avoiding undue risk of successor liability.

A WCF executive had a leadership role in one of the largest data analytics investigations ever conducted. A major technology company which makes apps available to its customers via its platform performed a large-scale investigation of how app developers using its platform utilized customer data. An initial review of app developer behavior centered on the number of users, the volume of data being consumed by those users and the apps potential for abuse. A subset of those developers were then subject to a more intensive technical analysis of their activity on the platform. This signal analysis then led to certain developers being subjected to more rigorous technical reviews, the requirement that they complete in-depth questionnaires, and be subjected to public record background investigations. Given the high public profile of the investigation, the company and its outside counsel used the results of the data analysis and background investigations to provide updates to the public, its customers, regulators and law enforcement agencies and provided ultimately enabled the company to enter into settlements with consumer protection and regulatory agencies.

In connection with a Securities Investor Protection Corporation liquidation matter, a WCF executive oversaw the analysis and disposition of assets belonging to the broker dealer and its executives who were involved in insider trading and a series of pump and dump schemes. The team used data analytics to analyze over 10 million outbound phone calls in an effort to identify assets recoverable to the trustee who could then return assets to victims. The phone records analysis revealed that hundreds of calls were placed to banks, law and accounting firms located in several offshore, money laundering safe haven countries enabling the investigative team to identify financial institutions where some of the proceeds of the fraud had been transferred. This effort enabled the trustee to pursue the repatriation of those assets through Mutual Legal Assistance Treaty requests and letters rogatory procedures.