FEBRUARY 2009

The White Collar Crime Team at Bowman Gilfillan Inc. is headed up by Dave Loxton, and assisted by Mandy-Munro Smith, Tanya Viljoen, Matthew Purchase, Johan Kruger, Luway Mongie and Diyashen Pillay. Certain of our team members have over 12 years experience in forensic investigations.

We provide both private and public sector clients with a complete spectrum of forensic and ethics related services. Our investigation teams are always headed up by an attorney who is supported by multi-disciplinary members such as accountants, investigators and IT specialists.

We are also able to offer our clients the additional advantage that all of our reports are covered by the attorney-client privilege, which protects documents covered by the privilege from being subpoenaed.

IN THIS NEWSLETTER

NEW PRODUCT: Fraud prevention strategy
By Mandy Munro-Smith

 

WHEN THE ECONOMY TURNS DOWN, FRAUD TURNS UP…

The risk of fraud inevitably increases when there is an economic downturn.

Bowman Gilfillan have teamed up with Exactech, a BEE fraud prevention company, to provide a holistic economic crime strategy package, which incorporates conflict of interest management.

  • Benefits to our Clients...more
  • The Prevention Pyramid...more
  • Fraud, Corruption & Economic Crime Strategy...more
  • The Way Forward...more

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ARTICLES OF INTEREST

FRAUD PREVENTION : THE ROLE OF PERCEPTION & DETERRENCE
By Matthew Purchase

Stopping fraud before it happens is the ultimate goal of a successful fraud prevention and awareness program. Whilst it is important that fraud prevention controls are robust and are methodically implemented, too often companies fail to recognize that it is the perception of the likelihood of detection and sanction which discourages a person from perpetrating fraud, rather than the actual effectiveness of the internal controls and anti-fraud measures....Read more

 

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RESPONSIBILITY FOR REPORTING NIEHAUS FORGERY COULD EXTEND BEYOND MASHATILE
By Mandy Smith

Jack Bloom, Democratic Alliance leader in the Gauteng Legislature, has suggested that those implicated for not reporting the Carl Niehaus forgery could extend beyond Gauteng Premier Paul Mashatile to include all executive members of the legislature who had any knowledge of wrongdoing and said nothing...Read more

 

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THE LEGALITY OF CORPORATE GIFTS AND ENTERTAINMENT IN SOUTH AFRICA
By Tanya Viljoen

“History traces back lack of ethics to the first person on earth. Adam failed to manifest the integrity required of him by the Lord when he opted to eat the apple. Ever since, with varying degrees, inadequacy of ethical standards has continued to challenge anticorruption agencies” - Author unknown

The social norm of exchanging gifts and entertaining is well entrenched in the corporate arena.

Historically this common corporate practice has received little legal consideration, but as the global economy evolves and business relations become more regulated, considerable emphasis is placed on good corporate governance and the promotion of values such as integrity, transparency accountability etc in all spheres of corporate interaction....Read more

 

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TIMING IS NOT EVERYTHING
By Luway Mongie

Disciplinary codes and policies used by employers often contain strict guidelines in regard to time periods for holding disciplinary hearings. Whilst employers are generally required to follow agreed time periods set out in their disciplinary codes, failure to do so does not necessarily render such disciplinary procedures unfair....Read more

 

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THEFT OF INFORMATION AND THE COMMON LAW
By Johan Kruger

It has become clear that industrial espionage and theft of information will become the crimes of the new millennium. In no other way is it possible to obtain so much economic advantage with so little effort. Since by far the most information these days is stored on computers, it has become easy for hackers and other technologically advanced criminals to “misappropriate” masses of valuable information without leaving a trace...Read more

 

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CORPORATE LENIENCY : BEWARE THE DOWNSIDE OF FULL DISCLOSURE
By Dave Loxton

The press has recently been full of articles on price fixing and other forms of collusion by a number of high profile South African Companies. A number of large fines have been imposed, often by agreement between the affected company and the Competition Commission. A number of companies have escaped censure by co-operating fully in the investigation by the Competition authorities to obtain what is known as “corporate leniency in respect of its participation in collusive activities...Read more

 

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NEW PARTNER:
Mandy Smith

We have recently appointed a new partner in the White Collar Crime Practice area.

BA, LLB (University of Cape Town)

Mandy is a partner and holds BA and LLB degrees (UCT). She has 12 years experience in forensic investigation and is a Certified Fraud Examiner with the International Association of Certified Fraud Examiners.

She has worked as a legal advisor at the Special Investigating Unit and was a Senior Manager of the forensics department at KPMG. Mandy also practiced as a Director of the specialist forensic and investigative firm, Ramathe Fivaz.

She has conducted numerous forensic accounting and investigation assignments for diverse corporate and public sector clients in South Africa, Senegal, the Isle of Man and Tanzania. In particular she has been involved in investigating matters of corruption, procurement irregularities, theft, military procurement fraud, insurance fraud, misappropriation of donor funding and housing subsidies, as well as asset tracing and verification.

Mandy has specialised knowledge and expertise in government compliance issues having performed numerous special investigations for the Auditor General and government departments. Mandy has been involved in the design and implementation of a complete corporate economic crime package which includes an anti-fraud and economic crime strategy for businesses, all necessary fraud related policies including fraud prevention and detection policies, the design of forensic practice manuals, as well as fraud risk assessments across varying business unit types. Mandy is also a regular speaker at Fraud conferences and seminars.

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WHITE COLLAR CRIME TEAM:

Dave Loxton
Partner
Department Head

Mandy Munro-Smith
Partner

Tanya Viljoen
Senior Associate

Johan Kruger
Senior Associate

Matthew Purchase
Senior Associate

Luway Mongie
Associate

Diyashen Pillay
Candidate Attorney

   
www.bowman.co.za