Serious Fraud Desk

MR. BAS A.S. VAN LEEUWEN (LL.M., Esq.), criminal defence lawyer and forensic auditor, focuses on criminal law and regulatory measures in the context of business activities. He advises and assists public and private entities as well as individuals during the different stages of criminal and regulatory investigations, whether as a victim or as a suspect. The attorney is active, among other things, in matters relating to money laundering, swindle, bribery, misuse of corporate assets, abuse of confidence, bankruptcy crimes, tax evasion, inheritance fraud, public procurement fraud, customs and excise duty fraud, and gambling fraud.

TACKLING THE TOP LEVEL OF SERIOUS OR COMPLEX FRAUD, BRIBERY AND CORRUPTION

Investigations, Compliance and Defence

VAN LEEUWEN LAW FIRM – SERIOUS FRAUD INVESTIGATION & PROSECUTION DEFENCE combines specialist knowledge and years of experience in the various disciplines of compliance, monitoring and enforcement. It provides the services required to help private and public organizations identity the nature and extent of fraud…

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Forensic Technology and Discovery Services

VAN LEEUWEN LAW FIRM - SERIOUS FRAUD INVESTIGATION & PROSECUTION DEFENCE leverages proven methodologies, as well as innovative and proprietary technologies, to identify relevant investigative and dispute resolution evidence in a timely and credible manner.…

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Forensic and Financial Crime

VAN LEEUWEN LAW FIRM – SERIOUS FRAUD INVESTIGATION & PROSECUTION DEFENCE advises clients on ways to mitigate their exposure to fraud with a financial dimension, including tax fraud (Sections 68 and 69, General State Taxes Act), money laundering (Section 420bis et seq., Criminal Code), forgery…

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THE NATURE OF FRAUD

Who commits Fraud?

Fraud perpetrators usually cannot be distinguished from other people on the basis of demographic or psychological characteristics. People that commit fraud are usually good people who consider themselves to be honest – they just get caught up in a bad situation as a result of…

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What is Fraud?

There is no universal definition of fraud in law and definitions and scope what constitutes fraud vary from one jurisdiction to another. There are three main categories of fraud that affect organizations:…

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The Fraud Triangle

People commit fraud because of a combination of perceived pressure, rationalization and opportunity. The majority of frauds starts small as the result of an immediate financial need. Once individuals gain confidence in their fraudulent scheme, the fraud continues to get larger and larger until it…

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Proactive Fraud Auditing

Very few organizations actively audit for Fraud. Rather, their auditors are content to conduct financial, operational and compliance audits and to investigate Fraud only when symptoms are so egregious that fraud is suspected.…

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Fraud Recruitment

People typically become involved in already existing fraud schemes as a result of power that is exercised on them by another individual. The five (5) separate types of power include: reward, coercive, expert, legitimate and referent. It is through either one or a combination of…

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Eliminate opportunities for Fraud

The five (5) ways to eliminate Fraud opportunities are: (1) having good internal controls; (2) discouraging collusion between employees and customers or vendors and clearly informing vendors and other outside contacts of your company’s policies against fraud; (3) monitoring employees and providing a hotline (whistle-blowing…

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Create a culture of honesty, openness, and assistance

Creating a culture of honesty, openness, and assistance includes three (3) factors: (1) hiring honest people and providing fraud awareness training; (2) creating a positive work environment, which means having a well-defined code of conduct, having an open-door policing, not operating on a crisis basis,…

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Comprehensive approach to preventing and deterring Fraud

Most organizations do not have a comprehensive approach to preventing and deterring Fraud. In fact, most companies don’t think about fraud until they experience one. When fraud occurs, they go into crisis mode, investigate and try to resolve the fraud, and then wait until another…

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CORPORATE FRAUD & CRIMINAL LAW

Online Fraud

Businesses now operate in a connected world. They sell across multiple channels and geographies. But as the number of channels and markets businesses operate in continue to rise, so does the risk of fraud. Fraud perpetrators are becoming more sophisticated. Fraud is increasingly difficult to…

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Long and Short Firm Fraud

Fraud perpetrators hijack or set up an apparently legitimate business with the intention of defrauding both with its suppliers and customers. Those fraud perpetrators are happy to deal in any goods or services that have a market value, preferably those that are not traceable and…

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eCommerce Fraud

eCommerce Fraud involves the use of stolen or counterfeit payment cards to make direct purchases or cash withdrawals. It also includes the use of stolen card data to buy items over the phone or via the internet. Fraud perpetrators will target retailers that sell goods…

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Private Automatic Branch Exchange Fraud

A substantial increase in your telephone bill is an indication your company could be the victim of Private Automatic Branch Exchange (PABX) fraud. Detailed billing will assist in identifying any potential unauthorised calls, usually International calls but they can also be National telephone calls. Another…

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Computer Software Service Fraud (CSSF)

Fraud perpetrators may cold call you claiming there are problems with your computer and they can help you to solve them. Those fraud perpetrators often use the names of well-known companies such as Microsoft, Apple or IBM. They could even use the name of your…

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Phone Fraud

Telephone fraud involves criminals contacting you by phone (vishing) or by text (Smishing) pretending to be your bank, credit card issuer, utility company or often a computer company. During the conversation they will try and trick you into giving personal, banking or security information. Fraud…

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Business Email Compromise (BEC) Fraud

Business Email Compromise (BEC) Fraud (or CEO Fraud) is similar to Invoice Redirection Fraud however in this case junior employees in the finance department of a company receive an email from a fraud perpetrator purporting to be the Chief Executive Officer stating that an important…

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Procurement Fraud

Employees may be trusted with certain procurement responsibilities which can provide opportunities to commit fraud-related offenders. It’s difficult to identify the risks. A common sense approach is always essential.…

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Invoice Redirection Fraud

Invoice Redirection fraud (or Mandate Fraud) occurs when your company receives a request to change a direct debit, standing order or bank transfer mandate, from someone purporting to be from another organisation to which regular payments are made, for example a business supplier. It generally…

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Email Fraud

Email fraud (“Phishing”) involves fraud perpetrators making contact by email and can take a number of forms. The email may appear to be from a reputable company however when one clicks on the email or attachment or link within the email, malicious software (malware) is…

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FORENSIC AND FINANCIAL CRIME

Strategy Consulting

VAN LEEUWEN LAW FIRM | SERIOUS FRAUD DEFENCE works with leadership to build effective compliance solution strategies to see what is around the corner, and to help leaders understand their risks and responsibilities. It doesn’t simply provide strategic advice. It provides the good counsel and…

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Technology Innovation

VAN LEEUWEN LAW FIRM | SERIOUS FRAUD DEFENCE provides holistic services related to customer due diligence, sanctions screening, and transaction monitoring technology solutions at a variety of financial institutions- from global, industry-leading banks- to small, regionally focused institutions. These institutions must balance subject matter expertise…

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Independent Review

VAN LEEUWEN LAW FIRM | SERIOUS FRAUD DEFENCE serves as a strong, independent compliance review consultant to meet your regulatory testing obligations. It helps clients proactively identify deficiencies ahead of regulatory examinations, validate corrective actions, or advise and assist with remedial efforts that will withstand…

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Compliance solutions

VAN LEEUWEN LAW FIRM | SERIOUS FRAUD DEFENCE works with organizations to assess the adequacy of compliance programs and related processes. It helps develop and implement robust, risk-based financial crime compliance solutions with a focus on anti-money laundering (AML), anti-bribery and corruption, sanctions, know-your-customer (KYC),…

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Risk Advisory

VAN LEEUWEN LAW FIRM | SERIOUS FRAUD DEFENCE keeps pace with regulatory change, maintain an ongoing dialogue with regulators, and employ best-in-class solutions to create effective compliance programs for its clients. VAN LEEUWEN LAW FIRM | SERIOUS FRAUD DEFENCE’s comprehensive approach delves deeply into the…

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INVESTIGATIONS, COMPLIANCE AND DEFENCE

Fraud Response

Any organization should set out its approach to dealing with fraud in its fraud policy and fraud response plan. Organizations should ensure that this includes provision for learning lessons from fraud incidents and appropriate, prompt follow-up action.…

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Fraud Detection

There are a range of fraud indicators – both warning signs and fraud alerts – which can provide early warning that something is not quite right and increase the likelihood that the fraudster will be discovered.…

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Fraud Risk Assessment

VAN LEEUWEN LAW FIRM | SERIOUS FRAUD DEFENCE assists its clients in setting up a monitoring framework, developing relevant checking procedures and identifying key risk indicators of fraud, corruption and abuse. It also develops training programmes for employees, and helps to create a continuously evolving…

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Fraud Prevention

The attitudes within your organization lay the foundation for a high or low fraud risk environment. Where minor unethical practices may be overlooked, larger frauds may also be treated in a similar lenient fashion. In such an environment there may be a risk of total…

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Fraud Investigation

VAN LEEUWEN LAW FIRM | SERIOUS FRAUD DEFENCE assists its clients with investigation of alleged fraud or corruption perpetrated against corporate and government entities, including, but not limited to, vendor fraud, payables fraud and embezzlement. It also assists with factual, often privileged, investigation of alleged…

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Anti-Bribery and Anti-Corruption

The number of enforcement actions, the number of jurisdictions within which enforcement actions have been brought and the size and nature of fines and penalties arising from anti-corruption legislations, have all increased significantly over the last few years. With far reaching legislations like the U.S.…

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Compliance and Sanctions

As legal risk management has become a critical area of focus for organisations, VAN LEEUWEN LAW FIRM | SERIOUS FRAUD DEFENCE assists clients in developing and implementing multidisciplinary compliance programs tailored to their needs. its work includes compliance risk assessment, compliance program gap assessment and…

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Integrity Due Diligence

VAN LEEUWEN LAW FIRM | SERIOUS FRAUD DEFENCE conducts integrity due diligence services for clients across multiple sectors to help mitigate risks from new commercial relationships and to inform their strategic decision-making. Companies with an international presence (or plans to expand internationally) are placing an…

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Forensic Business Intelligence

VAN LEEUWEN LAW FIRM | SERIOUS FRAUD DEFENCE provides Forensic Business Intelligence Services to eliminate opportunities for fraud. The firm advises clients when the need further information about a potential business partner, another party in a hostile takeover, a competitor or a commercial opportunity. Entering…

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FORENSIC TECHNOLOGY & DISCOVERY SERVICES

Artificial Intelligence and Data Analytics Review

Artificial Intelligence (AI) and analytics can bring legal and compliance concerns due to human error, bias, faulty algorithm design, poor data quality or intentional sabotage. VAN LEEUWEN SERIOUS FRAUD DEFENCE reviews Artificial Intelligence (AI) and analytics implementations by getting into the core of algorithms to assess…

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Data Mapping and Governance

VAN LEEUWEN SERIOUS FRAUD DEFENCE’s work ranges from information governance program development, data classification, cross-border transfer, security and privacy; all with the objective to better manage legal and compliance risks while improving the use of data to support business performance. VAN LEEUWEN SERIOUS FRAUD DEFENCE’s IT-auditors…

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Digital Forensics and Investigation

VAN LEEUWEN SERIOUS FRAUD INVESTIGATION & PROSECUTION DEFENCE has experience conducting data integrity reviews in the context of multi-jurisdictional and global compliance requests. VAN LEEUWEN SERIOUS FRAUD INVESTIGATION & PROSECUTION DEFENCE’s IT-auditors come from a variety of sectors and understand how data are sourced, used…

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Data Recovery

In the event of destruction or corruption of data, VAN LEEUWEN LAW FIRM | SERIOUS FRAUD DEFENCE can provide data recovery services and resources to support restoration from all types of deleted, corrupted, missing or inaccessible data that may have resulted from the incident. This includes…

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Data Security and Privacy

VAN LEEUWEN LAW FIRM | SERIOUS FRAUD DEFENCE helps organizations develop strategies and mechanisms to effectively manage risks in their data and analytics programs. Working with counsel, it develops written protocols that help them comply with applicable regulatory requirements. VAN LEEUWEN LAW FIRM | SERIOUS FRAUD DEFENCE’s…

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Vendor Data Due Diligence

To investigate areas of potential risk, VAN LEEUWEN LAW FIRM | SERIOUS FRAUD DEFENCE’s IT-auditors performs contractual reviews, factfinding interviews, digital forensics, forensic data analytics and other analyses to identify various scenarios of data misuse by third parties. VAN LEEUWEN LAW FIRM | SERIOUS FRAUD DEFENCE’s IT-forensic…

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