U.S. Companies with Operations in Latin America Investigations

Our Services

Through a combination of United States-based professionals and a network of affiliated international firms, Weaver has access to professionals throughout Latin America to conduct financial investigations for companies of all sizes.

• Assisting legal counsel in conducting a broad range of risk assessments, financial investigations, and monitorships
• Conducting internal anti-corruption investigations related to the Foreign Corrupt Practices Act (FCPA) and other similar international laws
• Assessing compliance with corporate policies and procedures
• Conducting fraud related investigations
• Identifying potential anti-money laundering activities in the context of a corporate investigation
• Performing anti-corruption due diligence on third parties
• Conducting training and seminars for executives and employees on anti-corruption and related laws
• Providing risk compliance assessments on topics related to anti-corruption and prevention of financial crimes
• Analyzing accounting books and records to determine if business transactions are fairly represented
• Applying forensic data analytics, data mining and interrogation techniques to millions of data records stored in multiple systems to isolate high-risk, high-value transactions
• Assisting and conducting informational and admission-seeking interviews

Focus on Prevention of Financial Crimes, Including FCPA Risk Assessments

In an increasingly complex regulatory environment, companies operating regionally and globally could be subject to multiple domestic and international laws. Companies should consider focusing on identifying and mitigating potential exposure before improper financial misconduct takes place.

We have conducted proactive risk assessments, including FCPA and fraud, among other types. The starting point is to evaluate the company’s business from a commercial perspective and the current compliance program to understand how the company has historically identified, assessed and defined its risk profile and the degree to which the program devotes the necessary resources to the relevant risks.

Companies should evaluate several risk factors, including: country/countries where operations are conducted, industry, competitiveness of the market, regulatory landscape, level of interaction of employees with foreign government officials, monitoring and due diligence of third parties that conduct business on behalf of the company and charitable donations.

To focus resources on high-risk and high-value areas, companies should tailor their corporate compliance programs. Many of the elements of a corporate risk assessment are included in the Committee of Sponsoring Organizations of the Treadway Commission (COSO) framework principles and in the Sarbanes-Oxley (SARBOX) provisions, just to name a few instances of relevant guidance.

COSO and SARBOX are not, however, a replacement for a sound corporate compliance program to properly address FCPA risk and potential exposure to other financial crimes specific to a particular organization. We can proactively assess these potential areas of risk and assess potential gaps in a company’s current corporate compliance program.

Our Experience

Our professionals conduct sensitive financial investigations for U.S. companies with operations across the region, including those triggered by inquiries of regulators, internal audit findings of potential wrongdoing, ethics hotline complaints and whistleblowers.

When a company needs assistance with conducting a financial investigation, Weaver brings many years of experience managing large and complex investigative matters, including access to a range of forensic accounting and forensic data analytics resources to manage financial investigations discreetly, efficiently and cost-effectively.

Our experience includes financial and forensic accounting investigations of all sizes and complexities, including matters involving corruption, fraud and other financial misconduct. We have worked with in-house counsel and outside attorneys for a number of U.S. companies with operations in Latin America.

Language Skills and Cultural Fluency

We are experienced forensic accounting professionals who can conduct every aspect of an internal investigation in English and Spanish, including the analysis of financial books and records, forensic data analysis, review of emails, interviews and writing reports that are suitable for use in court.

Our ability to conduct reviews of documents and emails, and to conduct interviews in English and Spanish, often results in more effective investigations because we understand the finer linguistic nuances and save organizations valuable time and resources otherwise lost in paying for outside translators.

Our English- and Spanish-fluent investigators have know-how, too, of regional cultural norms, so we can communicate with executives and employees at all levels based across Latin America and in the U.S.

Forensic Accounting Resources on Your Side Are in the Region

We conduct targeted investigations by deploying resources to the location of interest, or in the case of larger investigations, we scale and supplement our team through a network of internationally affiliated firms and strong relationships with locally based forensic accounting Spanish-speaking professionals. We bring depth of experience, competitive fees and the ability to increase team bandwidth to analyze books and records, conduct email reviews, extract data from accounting systems, analyze large databases, conduct interviews and perform a broad range of other activities in connection with a financial investigation.

Our Track Record

Collectively, we have conducted or assisted legal counsel with hundreds of financial investigations domestically and globally. Our cases involve conducting and executing on all aspects of proactive risk assessments, reactive investigations and remediation activities, including monitorship support.

FCPA Shadow Investigation (U.S., Mexico)

Improper Payments Characterized as Commissions

Led an FCPA shadow investigation focused on an international consumer finance company’s Latin American operation. Investigated the legality of certain payments under FCPA and local laws, as well as the appropriate recording of such payments. The investigation also examined the identification of payments to certain vendors and the corresponding potential tax ramifications.

Corporate Investigation (Aruba)

Anti-Corruption Risk Assessment

Performed forensic analysis of transactions for a company with operations in the United States and South America. We assembled a team of forensic professionals based in several offices throughout the U.S. and deployed the team internationally to conduct the forensic analysis and validation of documentation both in English and Spanish. We conducted data analytical procedures to identify parties and transactions of interest, validated supporting documentation and performed a flow of funds analysis across accounts.

FCPA Monitorship (South America)

Vendor Payment Analysis for a Global Pharmaceuticals Company

Assisted outside counsel in an FCPA monitorship initiated by allegations involving the Latin American subsidiaries of a global pharmaceuticals’ manufacturer. The allegations included improper payments to government doctors and payments for approval of certain drugs. The work involved interviews of company personnel and securing and reviewing electronic financial data from the entities in South America.

Asset Tracing Analysis (U.S., Mexico)

Traced Funds Seized by the Southern District of New York

Conducted an asset tracing investigation/analysis in connection with an international matter related to tens of millions in USD seized assets of by the Southern District of New York. The seized assets belonged to the shareholders of several companies incorporated in Mexico, U.K., British Virgin Islands and Panama.

Internal Controls Risk Assessment (U.S., Mexico, Brazil)

Improper Use of Marketing Development Funds

Conducted review based on analytics of a company’s Latin American marketing development programs and other distributor transactions, due to concerns regarding quality of internal controls and policies. Through a combination of analytics and on-site interviews, we identified numerous red flags indicative of fraud, corruption and potential money laundering. As a result of this work, management was required to undertake a fundamental redesign of controls related to its marketing development program and its touchpoints with government officials.