White Collar Crime & Fraud

Nortons Inc has consistently been at the forefront of  major white collar crime investigation in South Africa, representing large multi national corporations and private individuals from both government and private sector.

Nortons Inc. is the sole South African member of the International Chamber of Commerce’s Fraudnet which is the leading global independent network of international lawyers specialising in fraud, white collar crime and asset recovery.

Investigation

Drawing on extensive knowledge of local and foreign anti-corruption legislation, Nortons Inc advise clients across a spectrum of industries across the African continent, including internal investigations and representing clients before local and regional enforcement agencies.

In view of the fact that damages flowing from fraud and corruption is often not adequately addressed by legislation and law enforcement, Nortons Inc. has, in partnership with specialist security and technology service providers, developed and implemented novel techniques based on international best practice to mitigate losses, limit the dissemination of sensitive information and protect intangible assets.

Anti-corruption laws that we advise on to ensure local and international compliance include:

  • Prevention and Combating of Corrupt Activities Act of South Africa (“PCCAA“);
  • Prevention of Organised Crime Act ("POCA");
  • Bribery Act of the United Kingdom (“UK Bribery Act“);
  • Foreign Corrupt Practices Act (“FCPA“) of the United States of America;

Africa:

Norton Inc have advised clients on fraud and corruption legislation across a broad range of African jurisdictions including inter alia:

  • Botswana: Corruption and Economic Crime Act of 1994;
  • Kenya: Anti-Corruption and Economic Crimes Act of 2003;
  • Namibia: Anti-Corruption Act of 2003;
  • Mauritius: The Prevention of Corruption Act 2002;
  • Swaziland: The Prevention of Corruption Act 2006;
  • Tanzania: Prevention and Combating of Corruption Act of 2007; and
  • Zambia: Anti-Corruption Commission Act.

The Southern African Development Community (“SADC") Protocol Against Corruption. Members include  Angola, Botswana, Republic of Congo, Lesotho, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe.

Compliance programmes:

Nortons Inc regularly advise clients on  white collar crime compliance programmes and have developed tailored compliance programs by:

  • identifying and addressing new risks;
  • ensuring that compliance programmes are regularly updated and remain effective;
  • ensuring client’s programmes comply with local and international best practice;
  • analysing corruption risks to the applicable client;
  • assigning responsibility of compliance to a high level compliance officer;
  • conducting due diligence of third parties;
  • training of employees and third parties;
  • assessing contractual provisions for anti-corruption compliance;
  • advising on internal procedures regarding hospitality, gifts, travel, and political contributions;
  • assessing the internal reporting of violation systems;
  • assessing the client’s internal disciplinary measures for misconduct; and
  • conducting internal audits.

Forensic auditing:

Nortons Inc. is able to provide clients with a full forensic accounting investigative service through our combination of legal and accounting specialists. This incorporates distinct sets of expert skill focusing on accounting and auditing knowledge and application, legal and investigative skills.

Nortons Inc.’s forensic auditing services include:

  • examination of financial documents;
  • review of financial statements;
  • analysis of financial data;
  • investigation of transactions and cash flow movements; and
  • inspection of ledger transactions.

Asset Recovery

Nortons Inc leverages its extensive ICC Fraudnet network to offer clients asset recovery services across a broad range of jurisdictions.