Regulatory Response

Regulatory investigation can be a challenging and confusing experience for those subject to it whether it comes as the result of a dawn raid or a Request for Information (RFI).

Such investigations are not launched without good reason and it is the element of suspected wrongdoing that makes them different to a traditional discovery process in the litigation sphere.

In all regulatory matters, a swift and correct response is crucial as the regulator may offer leniency or preferential treatment to those who choose to co-operate early. For that reason, it is of paramount importance that the client engages Proven Legal Technologies’ services as soon as possible.

Whatever information is requested by the regulator quite simply must be provided. Our experience of working with regulators, whether the Serious Fraud Office (SFO), the Financial Conduct Authority (FCA), the Department of Justice (DoJ) or, in multi-jurisdictional cases, a body such as the European Commission (EC), is considerable. This depth of experience means our experts are able to work with the regulator to ensure the task is not unnecessarily onerous.

Our experts do this by determining a reasonable search, an efficient review strategy and workable deadlines, all of which save time and expense and present our clients in a favourable light before the regulator.

 

A swift response to regulatory investigation, whether as the result of a raid or a Request for Information (RFI), is crucial in gaining leniency.  A key element is the efficient and effective handling of data. Engaging Proven Legal Technologies at the start of a project to manage the identification of relevant data, the collection of the data and the workflow of the investigation enables clients to gain a quick and clear insight into the information hidden within the masses of available data.

Forensically collecting or imaging computer media is a secure way of capturing data, while still preserving the original evidence in its entirety, and maintaining its integrity and authenticity.  This then allows our trained forensic investigators to examine the evidence in full, on an exact replica of the original, while still maintaining data integrity.

Our experienced team has worked on investigations driven by the European Commission (EC), the Securities and Exchange Commission (SEC), the Financial Conduct Authority (FCA), the Commodity Futures Trading Commission (CFTC), the Foreign Corrupt Practices Act (FCPA) and more. Whether the case is large or small, our experts work with clients to identify the key custodians and sources of potentially relevant data, forensically capture pertinent electronic media, prepare the right data for analysis and help create review workflow and productions.

Whether you or your client has been raided or received a Request for Information (RFI), a quick and effective response to a regulator is essential to obtaining leniency and can help mitigate costs in what can be a long and thorough investigation.

Our team provides a consultative support service that ensures the best strategy is reached and executed to produce the desired results.  Our proven process includes assisting with identifying the key custodians and sources of relevant data, working with you and the regulator to ensure the boundaries of the Order are maintained, determining a successful review/investigation strategy to identify key documents quickly, and planning the workflow for reviewers.

The level of planning for a simple computer forensics case will be significantly different from that required for a successful, large-scale, electronic disclosure exercise that often occurs as a result of a regulatory investigation.  At Proven Legal Technologies, we are often able to provide multiple paths to the desired outcome, and create a proportionate strategy for the type of case being conducted.

Being subject to a raid is a distressing experience. Proven Legal Technologies’ experts can immediately help to assess the implications of the raid and to determine the quickest and best approach to understand the associated risks.

Our experienced team routinely helps clients deal with the aftermath of being raided by the European Commission (EC) and other regulatory agencies. We work with the client to understand what and who is being investigated and quickly perform a complete risk assessment to gain a comprehensive overview of the potentially relevant information and people involved. A correct, early response can win leniency so speed is of the essence.