Litigation Support

Success in corporate litigation or arbitration often depends on how conclusively one side can present a convincing narrative while undermining that of their opponent. Critical to this process is the legal team’s ability to leverage reliable evidence to support a claim, whether in the form of forensic accounting and fund flow analysis, or in broader information gathering.  

Kroll has long been viewed as a trusted counterpart to corporate counsel and their legal advisors. We support parties to major, international disputes through seamless cross-border investigation and financial analysis, providing evidence of the highest quality and reliability. Our extensive experience allows us to act as strategic partners to clients and their legal advisors in high-stakes, fast-moving situations.

Our bespoke teams bring together experts in forensic accounting, data analysis, financial analysis and investigative research, to gather and analyze evidence and establish relationships between parties and timelines of events and transactions. Our global network of local area and industry experts extends into jurisdictions where recordkeeping and accounting infrastructure and standards are still evolving; no region is beyond our reach. We invest heavily in technology and are at the forefront on developing new analytical methods to support litigation through innovations in information presentation and visualization.  

Our litigation support services include:

• Forensic Accounting and Fund Flow Analysis
  Our financial investigations professionals are frequently called upon as expert witnesses of fact to support litigation involving fraud, money laundering and corruption.
• Asset Tracing
  Legal advisors rely on Kroll’s asset tracing professionals to assess the asset position of counterparties in contemplation of litigation and following the granting of an award.  
• Witness Identification and Evidence Gathering
  The unparalleled research and field capabilities of Kroll’s investigation professionals provide evidence of the highest standard for use in sensitive legal proceedings around the globe. 

Case Study – Uncovering Considerable Incriminating Evidence Against a Plaintiff

A multibillion-dollar judgment was issued by a Latin American court against a U.S. corporation, claiming that the company was responsible for alleged environmental and social harms in the region.

Kroll was retained by the U.S. corporation and its counsel to investigate the claims as well as the actions of the plaintiffs and their counsel and experts. 

Our investigators and forensic accountants examined tens of thousands of electronic records, communications and financial documents. Our investigators uncovered considerable incriminating evidence, primarily against the plaintiffs’ lead U.S. counsel, including payments to experts and others and the ghostwriting of expert reports and judicial decisions.

Based on this evidence, the company initiated a civil lawsuit in the U.S. District Court, which found the judgment of the Latin American court to be the product of extensive fraud and racketeering, rendering it unenforceable in the U.S.

Following the ruling of the District Court, Kroll’s U.S. forensic accounting team provided extensive support for follow-on legal actions by the company in the U.S. and Canada. We reviewed and analyzed thousands of pages of accounting and financial records, bank and credit card account statements, contracts and investment files and deposition testimony to further quantify and explain the financial activity of plaintiffs’ lead American counsel and their associates. This work included an analysis of the disposition of more than $38 million in litigation investor funding over a 14-year period.

Case Study – Supporting a Multi-Billion-Dollar Asset Recovery Strategy

Kroll was engaged by Privatbank to provide litigation support as part of a multi-billion-dollar asset recovery strategy after the bank had been the victim of a number of frauds.

Kroll provided forensic accounting and investigation support and expert evidence to the bank’s external legal teams in relation to both civil disputes and criminal complaints in numerous jurisdictions.

Case Study – Helping Otkritie Bank Recover More Than $100 Million of Fraud Losses

Otkritie Bank, based in Moscow, was faced with an apparent $150 million loss by its London-based fixed income trading team and turned to Kroll for assistance. We conducted an on-site investigation in London that included a financial review of the trading system and in-depth interviews of those involved, supported by computer forensics and public-record research.

The investigation confirmed that the bank had suffered a fraud in which it had acquired government bonds at an inflated price. 

Kroll provided the electronic disclosure services to secure, process, and review more than 100 terabytes of electronic documentation. We also worked with the bank to self-report to the UK financial regulator to assist the regulator with its inquiries into the fraud.

The civil judgment found in favor of Otkritie and resulted in the recovery of more than $100 million of fraud proceeds.