Overview
The Primerio’s White Collar Crime and Asset Recovery team advises and counsels clients across a broad range of matters from corporate investigations, criminal defence proceedings, offshore asset recover, compliance and due diligences, forensic investigations, dawn raids (search and seizure orders) and complex commercial litigation.
Our clients range from large multinational firms to high profile individuals, government institutions and NGOs.
Landmark cases
- Advised Centerbridge/Conservatorium in relation to a €1.6 billion claim (one of the largest civil claims in South African history) following the Steinhoff share price collapse saga and the section 155 settlement agreement related thereto
- Advising a client in relation to enforcing a multi-million Euro arbitration award against the Republic of Guinea and the Guinea Central Bank.
- Recently advised a Philippines based company in obtaining four urgent interdicts in South Africa in order to freeze and recover funds lost as a result of a fraudulent scheme. Primerio is also advising the client in on-going criminal investigations in South Africa and Brazil in connection with this fraud.
- Advising an international client and working with the South African Reserve Bank and South African Revenue Service in relation to what is understood to be the largest money laundering scheme in South African history.
- Advising high-profile individuals and companies in relation to the South African State Capture Commission of Inquiry (Zondo Commission).
- Successfully represented an automotive company in relation to the civil recovery of monies owed to it by a South African state-owned enterprise following unlawful public procurement practices.
- Advised a large multinational firm in relation to corruption investigations in South Africa and Eswatini.
- Representing an international firm in relation to a fraudulent scheme in the crypto sector involving jurisdictions South Africa, Nigeria, and Europe.
- Representing a former CEO with criminal prosecution in connection with fraud and money laundering allegations.
- Advised a client in relation to internal investigations into fraud and misconduct in the gas industry.
- Advised a former executive of a large tobacco company in relation to allegations of bribery and corporate espionage in Southern Africa.
- Assisting a foreign NGO in relation to asset recovery following multiple fraudulent transactions involving several banks. Primerio worked closely with the relevant prosecuting agencies to recover these proceeds.
- Advised a firm in relation to the scope and powers of a governmental body that has imposed a compliance audit involving allegations of fraud and extortion.
Anti-money laundering and anti-bribery
- The Primerio team is intimately familiar with key multinational anti-bribery and corruption and anti-money laundering legislation, including the Prevention and Combatting of Corrupt Activities Act, the Foreign Corrupt Practices Act, the UK Bribery Act, the Prevention of Organised Crime Act and the Financial Intelligence Centre Act. This knowledge assists Primerio in ensuring clients’ full compliance both with domestic laws as well as international best practice.
- Primerio is able to assist clients in the investigation and resolution of ABC and AML issues both against public and private institutions and individuals. In addition, Primerio has provided clients with the drafting and implementation of robust compliance regimes, assisting clients in the effectively detecting ABC and AML issues before they become known
Corporate investigations
The Primerio team regularly conducts internal investigations and forensic audits for some of our large domestic and international clients. These include pro-active compliance measures such as conducting mock search and seizure operations, dealing with internal whistle blowers, conducting forensic audits, interviewing employees, and providing executives with strategic advice.
Asset recovery
- Primerio is the sole member of ICC FraudNet, the world’s leading offshore asset recovery network. Our team is skilled with developing and executing an asset recovery strategy that delivers results. We have successfully assisted clients in identifying, freezing, and repatriating millions of USD which was illicitly appropriated as a result of acts of fraud, money laundering and corruption.
- This includes using urgent interim relief applications (injunction orders); engaging with the National Prosecuting Authorities and using their civil asset forfeiture powers to assist clients. We have advised both local and foreign clients in relation to recovering assets and utilize our network globally to ensure we have stay ahead of the money.
- Primerio is the sole representative of the ICC’s FraudNet – a global asset recovery network with partners strategically position around the world. In conjunction with FraudNet, Primerio is able to offer clients a cross border asset recovery solution.
Due diligence and investigations
- Conducting due diligence on business partners is from an anti-corruption perspective is increasingly important. Primerio advises clients and conducts due diligence in relation to ensuring contracts any business relationships have managed the risks associated with anticorruption, anti-money laundering, sanctions and dealing with politically exposed persons.
- We have developed robust compliance programs for domestic and foreign entities and regularly conduct training sessions.
Criminal defence
- We have represented several corporations and individuals in relation to criminal investigations ranging from self-reporting obligations (such as section 34 reports) to defending persons implicated in allegations of complex cross border fraud and money laundering.
- We also work closely with law enforcement agencies and prepare dockets and gather evidence that can be used in subsequent prosecution.
Contacts
Michael-James Currie
Partner