The changing nature of business has created new opportunities, but new risks and potential threats as well. Think about the increasing sophistication of fraud and organized crime, more complex legislation and regulations, cross-border disputes, dependencies on unfamiliar business partners, and theft and misuse of intellectual property.
Organizations that effectively monitor and swiftly respond to potentially damaging situations such as these, are better placed to deal with them quickly and successfully, while reducing adverse financial, reputational and/or operational impact. Our Forensic team offers robust, practical advice, helping your organization deal with fraud, misconduct and corruption investigations, commercial and deal-related disputes, regulatory compliance, intellectual property and contract governance and prevention and detection fraud or financial crime.
Organizations often lack the resources with the right skills and backgrounds to proficiently conduct a prompt, cost-effective and objective investigation into an alleged or suspected case of fraud or misconduct. Our forensic investigation services team works closely with your business to understand the investigation objectives and to coordinate an approach that integrates the appropriate resources. Through detailed inquiries and examinations, including the use of leading data analytics and eDiscovery techniques, our professionals take an impartial approach to establish truths, evaluate implications, identify appropriate remedial actions and communicate with regulators or outside auditors.
By discovering fraud or misconduct quickly, you decrease the risk of:
- Spending money on non-productive activities
- Reputational damage
- Loss of public trust
Fraud risk management
Preventing, detecting, and responding to fraud and misconduct risks.
Having a reputation for integrity is crucial to safeguarding market confidence and public trust. Unfortunately, fraud, misconduct and non-compliance can seriously undermine such efforts, exposing an organization to legal, regulatory or reputational damage. That is why experienced business leaders work to ensure that they have effective approaches to mitigating these risks. This is especially important in an environment marked by intense scrutiny and rising enforcement.
Our fraud risk management services can help your organization prevent, detect and respond to fraud and misconduct risks. We work with you to design, implement and evaluate ethics and compliance programs and related antifraud programs and controls. Each project is as distinct as the clients we serve and geared towards balancing risk and control to achieve performance with integrity. Our experience and expertise qualify us to advise you, particularly in situations where the level of scrutiny is high and the margin for error is low.
Whether it’s an assessment of fraud and misconduct risks, the design of forensic data analysis tools or an evaluation of your entire program, our services are targeted, scalable and tailored to your needs.
Dispute advisory services
Disputes are an inevitable byproduct of doing business. When they arise, you must gather the critical facts, assess the strengths and weaknesses of your organization's position and develop a plan to settle or prevail.
Cross-border disputes can involve complex economic, financial and technical issues, as well as multiple languages, client locations and jurisdictional laws and standards. KPMG's Dispute Advisory Services provide litigants with a command of the issues and a sound assessment of each side's position. This is the kind of support that leads to better outcomes, whether in settlement or in litigation.
We gather critical intelligence to help you manage non-financial risk, as you undertake joint ventures and acquisitions, enter into new and emerging markets and manage your existing third-party relationships.
We support you with:
- New market intelligence and country risk, allowing you to enter challenging markets with confidence and a strategic edge.
- Political intelligence and stakeholder mapping, helping you make sound decisions that factor in policy risk and account for the key players in your industry.
- Due diligence, screening and background checks, leveraging sophisticated technology to conduct thorough research that helps you understand your counterparties and investment targets.
- Disputes, asset tracing and investigations support, piecing together public information, evidence and intelligence to identify assets, map networks and spot new lines of investigation across various jurisdictions.
- Special situations and crisis management, working with you to establish strategies that anticipate unexpected risks and crises and providing on-call support as new challenges arise.
We are a team of specialists who have lived and worked in the markets we cover, speak 25 languages, with a range of professional backgrounds, including political risk, investigative journalism, public policy, intelligence and academia.
Forensic technology services
We help you respond rapidly to data needs in investigations, disputes, regulatory and internal reviews and proactive compliance automation projects.
The relentless expansion of data volumes, sources and types is a double-edged sword of opportunity and threat for companies. Getting data “right” creates valuable insight into your business needs. Misunderstanding your data landscape, or not handling data properly, can create reputational, legal and regulatory risks to your business.
We can help you with:
- Forensic investigations: when data has been misused, or you suspect wrongdoing within your company.
- eDiscovery: when you face pressure to identify, collect, review and disclose your data quickly and accurately.
- Technology solutions in deals and transactions: when identifying, addressing and enriching commercially sensitive data within your business is vital for enhancing value and getting the deal done.
- Compliance automation: making tedious, manual compliance checks and validations more efficient.
Our specialists and industry experts have vast knowledge and experience in disclosure, incident response, investigations, regulatory inquiries and data enhancement and remediation.
Third party risk management
Increasing dependence on third-party relationships, coupled with increasing regulatory and public oversight, exposes organizations to a host of new and serious risk and compliance issues.
Whatever the stage of your relationships, we will show you how to ensure third-party providers are a source of strength for your business, not a weak link.
Our technology-driven solutions leverage artificial intelligence, machine learning and other technologies to re-engineer customer due diligence, transaction monitoring and sanctions-management processes.
Intellectual property & contract compliance
Software asset management
SAM enables you to better control your software assets from a usage, financial and contractual perspective. It is also effective in mitigating risks, reducing costs and improving the efficiency. while suiting the needs and requirements of your organization, whatever its size.
The complex and diverse software license metrics and rules from multiple vendors create a need for effective IT and license management across the entire organization. Most organizations focus on cost-effective solutions across all areas.
Our experts and specialist can support and assist you with:
- Assessing and stating the current deployment for specific products, solutions or the entire organization
- Enhancing current deployment to save future license costs
- Evaluating and assessing current SAM processes and maturity, based on internationally-recognized standards (e.g. ISO/IEC 19770)
- Designing new or modifying existing SAM processes
- Implementing SAM processes
- Assessing IT risks, designing and implementing of proactive mitigating processes
Our contract compliance professionals have served a variety of our clients in areas such as royalties, licensing, distribution agreements, advertising, digital content and more. As a result, we understand the complexities and nuances of a range of business contracts, processes and procedures and have helped companies recover revenue misstated in self-reporting statements, while maintaining and improving relationships with their business partners.
We can help you with:
- Royalty compliance: recovering fees, strengthening licensing relationships and identifying opportunities for mitigating risk.
- Vendor contracts: advising management on vendor relationships.
- Advertising agency contract compliance: identifying significant cost recoveries or other capital opportunities.
- Reseller and distributor review: enforcing contracts with channel partners.
- Digital distribution: assessing the completeness and accuracy of self-reporting of content distribution for digital content owners
- Intellectual property (IP) audit: assessing and optimizing processes of IP governance throughout different stages of the IP lifecycle.
Anti-bribery & corruption services
Through timely execution of our anti-bribery and corruption services, you can mitigate the risk of non-compliance with ABC laws and regulations, thereby avoiding fines, penalties, sanctions, civil liability and reputational harm.
Our team provides essential assistance in managing risk under the Foreign Corrupt Practices Act (FCPA), the UK Bribery Act 2010, Sapin II and the anti-corruption laws of numerous other countries.
We can help you by:
- providing prevention measures that include risk assessments
- evaluating program controls and governance structures
- developing solid and tailored anti-bribery and corruption compliance programs (e.g. ISO 37001)
- third-party screening and acquisition due diligence
- training programs in a variety of formats
Ethics & integrity management
We want to help you increase your levels of business integrity by focusing on “doing the right thing in the right way.” We can also support you in “measuring” integrity and enabling the implementation of an effective “integrity policy.” For this purpose, we developed a number of practical, tried-and-tested tools, based on specialist knowledge of integrity risks and dilemmas, as well as specific industry knowledge.
How we can help:
- Evaluating, developing and implementing behavioral codes
- Organizing training courses on integrity (including dilemma training and executive coaching)
- Developing tools for creating and maintaining an ethical corporate culture
- Identifying the integrity climate within an organization