Baker & Partners - Forensic & Investigatory Services

Forensic & Investigatory Services

This guide gives an overview of the firm's work in forensic and investigatory services locally and internationally. The firm has acted for many nations on both asset recovery actions and establishing technical capacity.

Governmental work

Establishing the legal framework and technical capacity to trace, restrain, and recover the profits, proceeds or assets reflecting dishonest activity is often a considerable challenge.

In many countries, the problems, at a simplistic level, are often two-fold. These are inadequate legal frameworks, and inadequate technical capacity to undertake the work. The reasonable reliance on criminal mechanisms, usually conviction-based procedures, have resulted in very low levels of recovery. When one considers the large numbers of individuals, professionals, and organisations that are used to steal and launder the proceeds of crime or to convert them into assets, then one begins to get an understanding of the challenges involved.

It is no surprise that investigators and prosecutors retreat into the safety of familiar, yet often inadequate, criminal laws. The added dimension of the trans-national nature of corruption and related crimes adds the further complicating factor of the need to seek information and evidence from foreign jurisdictions.

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