GLOBAL RISK AND INVESTIGATIONS JAPAN CAPABILITY STATEMENT

Transcription

1 GLOBAL RISK AND INVESTIGATIONS JAPAN CAPABILITY STATEMENT CRITICAL THINKING AT THE CRITICAL TIME

2 ABOUT US The Global Risk and Investigations Practice (GRIP) of FTI Consulting is the leading provider of comprehensive business risk solutions including reputational due diligence and other business intelligence, fraud and corporate investigations, brand protection, the strategic management of intellectual property and crisis containment services in Asia Pacific. Whether the task is to determine the reputation and suitability of a business partner, untangle a complex fraud scheme, investigate allegations of bribery or contain a business crisis, the aim of FTI Consulting is to provide our clients with critical information, insight and timely solutions for informed decision-making. The team of seasoned professionals in Asia Pacific are drawn from backgrounds in senior law enforcement, intelligence, academic and economic research and investigative journalism. NAVIGATING JAPAN As the world s third largest economy, Japan is of major importance to global organizations across a variety of industries. However, despite Japan s clean business image, recent media attention has served to highlight the occurrence of corruption, fraud and association with organized crime. To help our clients navigate through the potential pitfalls of conducting business in Japan, our team in Japan understand the country s complex and opaque operating environment from first-hand experience and are able to support navigating this jurisdiction with expertise in carrying out a range of risk mitigation services. Our GRIP team in Japan is fully equipped and capable of providing a full range of business intelligence and investigations services to include: BUSINESS INTELLIGENCE Investigative due diligence Pre-IPO due diligence Political and business risk assessments Competitor assessments Anti-social forces-related business intelligence Post-transaction monitoring Other business intelligence and analysis FRAUD AND CORPORATE INVESTIGATIONS Fraud investigations Anti-bribery and corruption related investigations Asset searching Conflict of interest investigations Litigation support Insurance claim investigations Most corporate investigators are privately held and publish little financial information But these days many consider the best in the business to be FTI Consulting, which also happens to be the only publicly traded firm of any size. Corporate intelligence: The bloodhounds of capitalism The Economist, 5 January 2013

3 OUR EXPERIENCE Investigative Due Diligence in Japan FTI Consulting was engaged to conduct a reputational due diligence investigation as part of a potential investment into a Japanese service provider, a number of its related entities and their representative directors, to ensure there were no major issues which would impact the investment. Our inquiries found a number of issues related to the business practices of the service provider s former management. These included illegal practices and violations of industry standards which had caused the suspension of its business activities at a number of branch offices under an order placed by national regulatory authorities. In addition, FTI Consulting identified instances where organised crime groups had been engaged to encourage business growth opportunities. Inquiries revealed that several individuals affiliated with the former management team continued to hold positions within the company. Among them a manager, who not only held organised crime links, but had devised a scheme to fraudulently obtain funds from the company accounts. Based on our investigation, we recommended our client undertake a full review of the Company s management approach and conduct, carry out monitoring activities of management business and private relationships, as well as review and monitor the company and its related companies business and management structure. Compliance Review in Japan FTI Consulting was engaged by a client with global operations as part of a review of its compliance measures and business procedures, with a view to better assess the risk of investment in Japan and to better protect its business interests in the jurisdiction. Our mandate covered the gathering of information relating to a number of specific areas, which included: details on current policies and guidelines from relevant Japanese regulatory bodies, industry best practices in relation to dealing with anti-social forces and anti-money laundering issues in Japan and details on the use and application of due diligence in the related industry sector. As a result of our work, we were able to provide our client with a detailed report providing comprehensive, timely intelligence on current best practices in Japan, as well as recommending potential next steps to ensure local compliance with the industry regulators in Japan. Fraud Investigation in Japan FTI Consulting was engaged by a multinational financial services group to investigate apparent fraudulent activities involving its sales activities in Japan through external agents and also a number of internal staff members. An extensive fraud investigation was conducted to include comprehensive public domain research, a series of discreet external inquiries, forensic analysis of computers used by relevant internal staff and subsequent investigative interviews with relevant staff members. The investigation revealed evidence of collusion between internal staff and the external agencies which had enabled fraudulent sales reporting amounting to millions of dollars. The results of our investigation were an integral part of the subsequent case against the external agency. In addition FTI Consulting assisted with the implementation and adoption of the resulting measures enforced by the regulatory authorities. This included extensive interviews with customers, further computer forensic analysis and provision of evidence. Information obtained through the duration of the investigation provided our client with a full understanding of the fraud which had taken place along with guidance on future risk mitigation and also enabled the fulfilment of their reporting obligations, while at the same time, supporting the related legal action undertaken.

4 OUR TEAM Ben Fouracre Japan Representative, Senior Director direct Ben Fouracre is a Senior Director in the Global Risk and Investigations practice of FTI Consulting and he has been based in Japan for over eight years. Mr. Fouracre supports numerous major Japanese corporations across a wide range of industries by providing both preventative and reactive risk consulting services for their overseas business expansion plans. He works with conglomerates, trading businesses, financial services including securities, private equity investments and insurance, information communication technology, electronics, pharmaceuticals, chemicals, logistics and various manufacturing businesses. Mr. Fouracre specializes in assessing market entry strategy and risk exposure for global organizations across a range of industry sectors through the conduct of risk assessments, investigation, business intelligence, due diligence and monitoring processes. Additionally, he assists multinationals operating in high risk environments with the design and implementation of training and response initiatives. He has led large-scale projects in diverse sectors from healthcare to defense. Prior to FTI Consulting, Mr. Fouracre was a senior consultant at an international consulting firm, where he was responsible for the creation and development of global programs aimed at the implementation of processes and leadership behaviours tied to the delivery of strategic objectives. His clients have included both government organizations and major name, culturally diverse multinationals ranging across multiple industry sectors. Recent engagements include: Design and implementation of strategic assistance for a Japanese megabank on their overseas expansion into South East Asia. Business intelligence support for a Japanese multinational facing regulatory issues following government tender bids in Myanmar, Vietnam and Indonesia. Intelligence and investigative support for a Japanese FMCG company to ensure successful market entry and response to an existing grey market issue. Crisis management support for a major international brand regarding a national consumer issue in Japan. Creation and implementation of a crisis response plan and related training to a foreign government embassy in Asia.

5 Sayaka Kobayashi Senior Consultant direct Sayaka Kobayashi is a Senior Consultant in the Global Risk and Investigations practice of FTI Consulting and is based in Tokyo, Japan. Ms. Kobayashi manages a broad range of investigative assignments including business intelligence, investigative due diligence, fraud and corporate investigations, and other business risk consulting assignments. She heads a research team that provides critical research and analytical support for major foreign and Japanese companies doing business globally. In addition, Ms. Kobayashi has deep experience in providing support to Japanese companies involved with cross-border investigations and litigation, for instance she has conducted professional interviews, document/data collection and review, contract and financial material review. Ms. Kobayashi was formerly a Research Manager at International Risk Ltd., which was acquired by FTI Consulting. In this role, she was responsible for conducting detailed research projects and investigations, as well as reporting for a wide variety of consultative projects, including high profile transactions, M&As and brand integrity engagements. Previous to this, Ms. Kobayashi provided support to the overseas divisions of multinational corporations in the retail and import and export industries, where she was responsible for sales, stock control and customer management. Ms. Kobayashi received a Juris Doctor from the Law School of Nihon University in Tokyo. Prior to this, Ms. Kobayashi had completed her Bachelor of Arts degree in Human Science from Waseda University in Tokyo. Ms. Kobayashi is fluent in Japanese and English and is trained in non-confrontational interview techniques. Examples of Ms. Kobayashi s recent engagements include: Assessment and strategic support for a multinational brand company regarding the development and implementation of their brand protection program. Investigation into a U.S. subsidiary in Japan following allegations of employee misconduct and fraud. Support for Japanese companies in anti-trust litigation cases filed in the U.S. and EU. Review and assessment of global anti-bribery/fcpa/compliance program for major name multinational.

6 Ryo Fujita Senior Consultant direct Ryo Fujita is a Senior Consultant in the Global Risk and Investigations practice of FTI Consulting, and is based in Tokyo, Japan. Mr. Fujita is responsible for providing detailed research, analysis and investigative support to managers in the conduct of a wide range of business intelligence, corporate investigations, litigation support and risk mitigation services. Previously, Mr. Fujita interned at the representative office of Yuriko Koike, a member of the Lower House of the National Diet and former Minister of Defense. He aided in organizing public speaking engagements and in translating English interviews into Japanese for the election campaign. During this time, he gained experience in customer service and problem solving. Mr. Fujita graduated from the University of California, Davis with a Bachelor of Arts degree majoring in International Relations and Japanese. Mr. Fujita is fluent in Japanese and English. CRITICAL THINKING AT THE CRITICAL TIME About FTI Consulting FTI Consulting, Inc. is a global business advisory firm dedicated to helping organizations protect and enhance enterprise value in an increasingly complex legal, regulatory and economic environment. FTI Consulting professionals, who are located in all major business centers throughout the world, work closely with clients to anticipate, illuminate and overcome complex business challenges in areas such as investigations, litigation, mergers and acquisitions, regulatory issues, reputation management and restructuring FTI Consulting, Inc. All rights reserved.