Advisory constitutes the fifth pillar of the Holistic Framework for Fraud Risk Management, a critical tool for organizations facing the complexities of fraud and cyber risks. This pillar focuses on providing strategic and comprehensive guidance to help organizations not only address current legal and operational challenges but also proactively prepare for future risks. Through in-depth advice on compliance, risk management, and legal issues, this pillar supports organizations in developing robust and resilient structures that safeguard the integrity and continuity of their operations. The goal is to establish a solid foundation for effective risk management by integrating preventive measures and developing crisis management strategies aligned with the latest regulations and best practices.

Bas A.S. van Leeuwen, an attorney and forensic auditor specializing in Financial & Economic Crime and Privacy, Data, and Cybersecurity, plays a key role in reinforcing this pillar. With his extensive expertise in both corporate criminal defense and privacy, data, and cybersecurity, Van Leeuwen offers organizations a thoughtful and tailored approach to their legal and operational challenges. His strategic advisory services include developing compliance programs that meet complex regulatory requirements, guiding internal and external investigations, and formulating effective risk mitigation strategies. Van Leeuwen’s approach ensures that organizations are not only responsive to current challenges but also prepared for future threats. Through his holistic and strategic advisory approach, he helps organizations not only survive in a continually evolving environment but also thrive and grow in a complex world of legal and operational risks.

Strategic Advising on Compliance and Risk Management

Strategic advising on compliance and risk management forms a fundamental part of effective fraud management and data security. In an era where regulations are constantly changing and becoming increasingly complex, Van Leeuwen plays a key role in developing tailored compliance programs that address the unique needs and risk profiles of each organization. These programs are designed to meet the stringent requirements of relevant laws and regulations, such as the General Data Protection Regulation (GDPR), the Anti-Money Laundering and Terrorist Financing Act (AMLTF), and other pertinent national and international standards. Developing such a program requires not only knowledge of the legislation but also a deep understanding of the organization’s operational context and the specific risks it faces.

A comprehensive compliance program encompasses more than just compliance measures; it requires a strategic and integrated approach that seamlessly incorporates rules and regulations into daily business operations. Van Leeuwen advises on establishing detailed policies and procedures that form the basis of a robust compliance structure. This includes conducting thorough risk analyses to identify and assess potential vulnerabilities and developing control systems aimed at mitigating identified risks. By using advanced analytical tools and techniques, he assists in identifying risk areas and implementing targeted measures to manage these risks.

For instance, if an organization faces the need to comply with GDPR, Van Leeuwen will help in implementing a data protection policy that not only meets the legal requirements but also minimizes the operational impact of compliance. This might involve developing procedures for data collection, storage, and processing, as well as training employees on how to handle personal data responsibly. This training program includes practical workshops and scenario exercises to ensure that employees not only understand the regulations but are also capable of applying them effectively in their daily tasks.

Additionally, Van Leeuwen advises on developing contingency plans and response protocols for potential compliance issues. This involves creating a crisis management plan that outlines the steps to be taken in the event of a compliance incident, including communication protocols, recovery strategies, and reporting requirements to regulators. This plan is designed to respond quickly and effectively to incidents, with a focus on minimizing damage, ensuring transparency, and restoring trust with all involved stakeholders.

Guiding Internal and External Investigations

When a fraud or cyber incident occurs, a carefully guided investigation is crucial for establishing the facts and identifying those responsible. Van Leeuwen provides expert advice on conducting and managing internal and external investigations, applying both legal and forensic expertise to gain a deep understanding of the situation. His approach includes both the strategic planning of the investigation and its practical execution, using advanced forensic techniques and tools to collect and analyze evidence.

In guiding internal investigations, Van Leeuwen assists in developing a detailed investigation plan that includes all necessary steps and procedures. This plan may involve collecting evidence, conducting interviews with involved employees, and analyzing internal systems and processes to determine how the incident occurred and which internal controls failed. He ensures that the investigation is conducted in a structured and systematic manner, adhering strictly to legal and ethical standards to maintain the integrity of the investigation.

In the case of external investigations, such as those conducted by regulatory bodies or external auditors, Van Leeuwen provides strategic guidance on how to interact with external parties and how to effectively collaborate to achieve the investigation’s objectives. This might involve coordinating documentation and information exchange, preparing statements and reports, and managing communication with external investigators. He ensures that all communication is clear and professional and that the organization is well-prepared for any questions or requests from external parties.

Van Leeuwen also advises on maintaining the integrity of the investigation, which means ensuring that all actions comply with legal and ethical standards. This may involve implementing procedures to prevent evidence from being tampered with or lost and ensuring that all investigation results are reported transparently and responsibly. He oversees the entire process to ensure that all findings are accurately and fairly presented, which is essential for maintaining trust and credibility.

Compliance with Regulations and Legal Requirements

Compliance with complex regulations and legal requirements is vital for protecting the organization against legal risks and sanctions. Van Leeuwen offers advice on how to adhere to the ever-changing legal and regulatory environment affecting organizations, both nationally and internationally. This includes understanding and applying legislation such as the General Data Protection Regulation (GDPR), the Works Councils Act (WOR), and international laws that may impact the organization, such as the U.S. Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act.

Van Leeuwen advises on implementing compliance measures that help the organization meet these requirements, including drafting legal documentation, preparing reports for regulators, and implementing internal controls and procedures. This might involve setting up internal audit programs, developing reporting formats for regulators, and training staff on compliance requirements.

Van Leeuwen also assists in preparing for audits and assessments by regulators, ensuring that all necessary documentation and information are available and that the organization is ready to meet audit requirements. This might include developing reporting formats, training staff on audit requirements, and coordinating communication with regulators. He ensures that the organization is well-prepared for external audits and that all information is presented in an organized and transparent manner.

Preparing for Legal Disputes and Conflicts

When legal disputes or conflicts arise from fraud or cyber incidents, Van Leeuwen provides advice on how to prepare for and navigate through legal procedures. This includes developing a legal strategy tailored to the specific circumstances of the dispute and gathering evidence to support the organization’s interests. Van Leeuwen assists in formulating legal arguments, preparing documentation, and developing a strategic approach to dispute resolution.

Van Leeuwen advises on selecting the right legal representation and preparing the necessary legal documents for the dispute, such as summons, defenses, and other legal papers. He also helps in developing arguments and defenses designed to strengthen the organization’s position and influence the outcome of the dispute. This might involve conducting legal analyses, gathering supporting evidence, and preparing pleadings for the court.

Being prepared for legal disputes requires thorough knowledge of legal procedures and a strategic approach to dispute resolution. Van Leeuwen offers guidance on managing legal risks and protecting the organization’s interests during the legal process, ensuring effective representation and developing a solid legal strategy. He ensures that all aspects of the dispute are addressed, from initial preparation to final resolution, with the goal of achieving the best possible outcome for the organization.

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