frauds in india

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Mumbai | Pune | Hyderabad | New Delhi | Chennai | Bengaluru Indo German Chamber of Commerce 29 October 2015

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Mumbai | Pune | Hyderabad | New Delhi | Chennai | Bengaluru

Indo German Chamber of Commerce

29 October 2015

© 2015 SKP Business Consulting LLP. All rights reserved.

© 2015 SKP Business Consulting LLP. All rights reserved.

Source: Google Trends Jan 2013 to Sep 2015

© 2015 SKP Business Consulting LLP. All rights reserved.

Scenarios or circumstances in which the management should consider conducting investigations

Limitations in extracting information

Involvement of third party

Highly sensitive (Trade information) requires third person/independent review

Sophisticated and Specialised Area

Possibility of evidences getting damaged/impacted in the process

© 2015 SKP Business Consulting LLP. All rights reserved.

They may delete the

data

Data is in the network

Suspects are key personnel

Vendors and suppliers are

also suspected

Transaction structures are

complex

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10

9

8

7

6

5

4

3

2

1

Game Hammer

High

Medium

Low

Many

Some

Few

Senior

Middle

Low

Employee Level

No of third parties

Nature & complexity

of issue

What factors to consider for

planning investigation

© 2015 SKP Business Consulting LLP. All rights reserved.

Start

Reports & documents

Applications installed eg. software used to

wipe information

Emails

Internet activity Chat Log

Media info (Photo, scan doc, video

etc)

Usage of USB

WiFi usage

Specific Folders

Secured information

Draft agreements

Deleted Information

Personal Identity info

Network information

Downloaded content

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Internet history/ activities

Key chat exchanges

Mails/files downloaded to mobile

Search history/ flagged places

Files uploaded/ downloaded from storage sites

Contact list and frequently contacted indications

Social media cache memory

Call and text history

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D&B reports

Regulatory reports (tax,

ROC, electoral

list)

B2B and B2C sites (Just dial, Sulekha)

Social Media

Public information (true caller/

association list/ school list)

News, magazines,

advertisements

Profile and CV’s

Blogs/ comments or

other references

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Nature of case in question

An issue involving third party, key stakeholders etc

Potential legal complications

With JV partners, business partners or key managerial

personnel

Advise on guiding through the issue

Guidance on how certain issues needs to be handled and what aspects should be

considered in it

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Guiding on way forward post court proceeding

Cooperating with law enforcement in investigation process

Serving notice on identified individuals (Civil)

Consolidation and securing of evidence

Handle court proceedings

Approaching Law enforcement for registering the case

Agreeing on legal approach and the key considerations therein

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Guiding on how information, evidence and approach towards way forward would be handled in confidential manner Structuring

protocols on Who can, to whom, when and how share any information relating to investigation

Defining the stakeholders, key people who would be involved in the investigation and people who should be informed about the investigation

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Whistle blowers are CONCERNED about 3 C’s

Confidence – on reporting mechanism / its independence

Comfort – on confidentiality / non retaliation

Clarity – in roles and obligations

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1. Enhance whistle blowing

2. Investigate concerns & violations

3. Enhance measures to minimize fraud

4. Develop mechanism to detect fraud

5. Promote ethical culture 6. Enhance capacity of investigation team

7. Structure mechanism for fraud reporting

© 2015 SKP Business Consulting LLP. All rights reserved.

The contents herein are solely meant for communicating information and not as professional advice. It may contain confidential or legally privileged information. The addressee is hereby notified that any disclosure, copy, or distribution of this material or the contents there of may be unlawful and is strictly prohibited. Also the contents can not be considered as any opinion/advice and should not be used basis for any decision. Before taking any decision/advice please consult a qualified professional adviser. While due care has been taken to ensure the accuracy of the information contained herein, no warranty, express or implied, is being made by us as regards the accuracy and adequacy of the information contained herein. SKP Business Consulting LLP shall not be responsible for any loss whatsoever sustained by any person who relies on this material.