Corruption remains a significant fraud-risk for businesses across the world. Given the recent enforcement action across geographies, the failure to address bribery and corruption (ABC) can result in business termination. We, at Deloitte, have been working with organisations in India since many years to help them build robust ABC compliance programmes, identify suspicious activities, and respond to regulator queries.
The Insolvency and Bankruptcy Code 2016 is set to be a game changer in seeking to deal with insolvency and liquidation proceedings in a time bound and efficient manner. Under the Code, the key driver of the insolvency resolution process would be insolvency professionals (IPs). Considering the fact that the IBC contains provisions on avoidance transactions, fraudulent or wrongful trading, and protecting business value during the insolvency period, IPs would have to be equipped with forensic skills or need support from an expert.
State-of-the-art business operations are largely process-driven, often supported by a variety of IT systems. Their ever-growing complexity poses tremendous challenges for process transparency, control, and efficiency.
Without adequate knowledge of backgrounds, organizations frequently enter into engagements in unacquainted geographies with business partners, counterparties and third parties. The ambiguity, in terms of specific regulatory guidance and pressures of the business, may force these organizations to take a cursory swipe at due diligence. However, with stronger enforcement of varied laws globally, ensuring the compliance of third parties with regulations is of paramount importance.
Every organisation depends on reliable data to run their business. However, traces of possible frauds or a breach can expose an organisation to unbounded levels of risk, inflated costs, and potential reputational damage. Investigative analytics can help provide actionable measures, controls, and pro-active monitoring solutions.
In today’s environment sophisticated ‘criminals’ are deploying complex financial vehicles to conceal the location and source of misappropriated assets. Resultantly, it is difficult to identify assets located across multiple jurisdictions and enforce the recovery claim in these international jurisdictions. Our experienced practitioners use a sophisticated array of tools and resources to analyze financial systems and reconstruct records to find out where funds have gone, in multi-jurisdictional asset searches, and most importantly work on getting them back.
Banks are facing an increasingly difficult scenario with increased fraud incidents and low recoveries compounded by a wave of compliance regulations in India and abroad, thereby directly affecting their bottom-line and increased cost of compliance. With increased regulatory scrutiny, banks are under greater pressure to implement best practices. Compliance is therefore not an option but the need of the hour.
With regulators adopting stricter regulations on financial transactions and penalties for non-compliance only getting steeper, financial institutions are facing increased complexities in being compliant. They not only need to focus on the costs that need to be incurred on remedial measures but also improve processes and operational controls to help mitigate these risks in the future.
In recent times, companies have increased their reliance on third parties to help them gain a competitive edge and supplement their rapid growth. However, this also exposes them to various reputational and regulatory risks making it imperative to select business partners after careful considerations.
Undergoing a proactive assessment to structure your information governance processes in order to be adequately prepared before a litigation, an investigation or a regulatory request hits your doorstep is the need of the hour today. An effective preparation, well-articulated data map and an integrated approach can help you make streamlined and timely decisions.