DUE DILIGENCE Eng

Information & Intelligence Services

Intelligence services are information services and collection of business information to help in the decision making or in the solution of complex cases with investigative due diligences of business partners and background checks for fraud prevention and risk mitigation.

Montax´s pre-agreement research provides the information needed before a decision-making (contract & deals) to identify threats and prevent frauds with our technical and investigative consulting in litigation support.

Information services help in defining strategies. And actionable Intelligence helps in tactical actions.

Business intelligence activity is the corporate risk management tool, anti-corruption compliance and a support in disputes. They are intelligence services used in investigative audits.

Montax takes advantage of the wide experience gained in serving multiple clients and explores a secret briefing to warn corporations about threats and to access strategic information in disputes & litigations.

We use open-source intelligence (OSINT) and human sources of intelligence (HUMINT), because they are both legal and ethical.

Montax Intelligence Reports help companies in risky businesses, complex causes, business disputes and in the location of people, businesses and assets recovery.

Real-time Threat Prevention (Business Security)

Frauds are the main threats to corporations. Frauds committed by customers, suppliers and even employees will decrease profits and could impact in the existence of the organization.

We help corporations to better know the key players (individual and organization) with whomever they should close a deal.

Montax helps the Compliance in companies to overcome legal challenges, risk mitigation and fraud threats.

They are business security solutions with modern business risk management techniques and investigative due diligences to verify the reputation of the many stakeholders.

The costs of an anti-fraud and anti-corruption services are low comparing to the business value and importance of the case.

Investigative due diligences are essential in a valuable or risky business.

We investigate the contractor´s reputation, whether suppliers or candidates for staff positions. We monitor patents, computer programs and the most valuable asset of your company, the brand.

Montax conducts investigations of unfair competition (trade secret theft).

Compliance & Risk Mitigation

Compliance & Risk Mitigation is a business intelligence activity that focuses on the company’s internal supervision, in accordance with the laws, to reduce risks of legal actions.

Legal and administrative actions of tax enforcements, labor claims and environmental fines cause damages to the corporate image and can compromise the proper functioning of an organization.

Compliance is the risk consulting activity for the proper internal organization environment regulation.

It is the research on criminal records for human resources prevention (background checks), protective security audit for tax evasion, corruption (bribery) , money laundering, prevention of internal and external frauds (larceny) and labor, social security and fiscal frauds and eventual conflicts of interest.

These proceedings will help prevent and reduce liabilities arising from violations of the legal and accounting standards of the company.

Montax assists corporations in the definition of corporate governance policies, learning about the security actions with Intelligence reports on employees and other market participants – mainly suppliers – and training of employees with strategic, tactical and operational levels in corporate ethics programs, anonymous denunciation channels and prevention of violation of the law, especially:

Consolidation of labor laws, rules that if not closely observed can cause great impact on the financial resources of organizations in Brazil. Taking into consideration all labor rights and social charges, the cost of an employee in Brazil is of approximately 100% of the base salary received by him. Hiring dishonest employees or without proven technical ability or an eventual default of the exact labor amounts, and together with legal and accounting tricks can mask fixed costs and generate future liabilities of difficult accounting evaluation.

Federal Law 12.846/2013 or Brazilian´s anti-corruption act, “provides for the administrative and civil proceedings aiming at holding legal entities accountable for the practice of acts against the Brazilian or foreign public administration, and other measures”, imposes in a clear and objective way administrative penalties to organizations that commit acts of corruption, bribery and tax, accounting and financial frauds against the public administration of the Executive, Legislative and Judiciary Powers. This law innovated by providing the Leniency Agreement between the head authority of each organ of the Public Administration and the offender (s) to exempt the organization from the extraordinary publication of punishments and the prohibition to receive incentives, subsidies, grants, donations or loans of organs or public authorities and financial institutions or controlled by the the government, for a period of at least 1 (one) and a maximum of 5 (five) years imposed by the he General Controller of the Federal Union (CGU), without prejudice to the compensation for the damages and other civil administrative penalties from the Administrative Council for Economic Defense (CADE), Brazilian´s securities Commission (CVM) and Brazil’s Central Bank (BCB) or criminal actions against the directors of the Public Ministry for common crimes or other defined in the public Law of Bids. Hiring risk consulting firms such as Montax reduces the risk of legal actions against companies and increases the chances of success in these actions and in more satisfactory Leniency Agreements.

Law 8.666/1993 law or law of Bids , which “establishes standards for bids and contracts of the public administration, and other measures” and, in the part of “Administrative Sanctions” and “Of Crimes and Punishments” – which matters for compliance and risk mitigation purposes, subjects bidding companies to penalty of fines, termination of contract, lawful impediment to participate in new bids and to celebrate new contracts and imprisonment of up to 6 years. The Bidding Law has not lost validity or effectiveness before the recent Anti-corruption Law of Brazil.

Foreign Corrupt Practices Act of 1977 (FCPA) or Law against Corruption Practices in Foreign Countries, US federal law that punishes rigorously organizations and directors of companies that have shares listed on US stock exchanges, domestic or foreign, through the proven practiced crimes of corruption or tax and financial fraud abroad. This law has as scope the transparency to avoid accounting manipulations that can mask the real financial situation of the company and scare off investors – same scope as the Sarbanes-Oxley law (SOX or SOX) anti-fraud in registered books – and reduce unfair competition in the industry through corruption by acts of bribery and fraud in bidding. Example: Petrobras is semi-public brazilian company with shares on the Stock Exchanges both in Brazil and in the US and, if proven that their directors practiced fraud or corruption in Brazil, they can be punished with fines imposed by the Securities and Exchange Commission (SEC) – CVM – and the Departments of Justice and the US Treasury. FCPA is commonly applied to US companies whose directors and other employees bribed government officials in foreign countries where they have branches, subsidiaries and companies of the same economic group to win bids and sell products and services. The FCPA can be applied in conjunction with the Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO) or the Law Against Activities connected to the Organized Crime, reaching directors of US as well as of those investigated in Brazil.

Foreign Account Tax Compliance Act (FATCA), or Foreign Account Tax Compliance Act, US federal law that requires people and US organizations with overseas subsidiaries to report to the IRS all revenue and income earned abroad, as well as the US client list of companies. This law focuses to prevent tax evasion, to difficult tax evasion and “money laundering” and concealment of assets, rights and values.

UK Bribery Act or law of Bribery of United Kingdom is known as the “the toughest anti-corruption legislation in the world” because it punishes with the extinction of any organization that has any connection to the United Kingdom by acts of bribery or corruption practiced anywhere on the planet. Although rigorous, this law is hard-efficient due to the lack of effective supervision in the United Kingdom and around the world.

Competitive Intelligence (CI)

Competitive Intelligence (CI) is the activity of intelligence applied to the corporate world.

Montax performs monitoring of competition and other stakeholders to identify Strengths, Weaknesses, Opportunities and Threats to the organization ( SWOT Analysis) .

These are market intelligence and business actions such as development and implementation of marketing strategies, identifying potential customers, distribution channels and the real decision makers.

Montax identifies the successful strategies of your competitors.

And Business Intelligence works both in increased sales and success of the business together with the prevention of frauds and disputes solutions.

Corporate Counterintelligence

We monitor opponents and competitors to neutralize any adverse actions as the capture of costumers, recruitment of main employees, imitation of products and services, unauthorized access to a company´s strategic information or even sabotage.

With Counterintelligence we protect a company´s tangible.

We monitor employees in key positions and functions with a higher incidence of internal fraud to verify whether they had any sudden (and suspicious) equity increase.

Montax solves corporate sophisticated crimes such as the using of privileged information to obtain unfair advantage in the financial market (Insiders trading), crimes against the economy order and free competition such as the price adjustment between competitors and frauds in a bidding processes.

Montax collects evidence of unfair competition crimes and industrial espionage of large corporations, a crime that is becoming increasingly common in Brazil.

Violation of trade secrets and of counterfeit medications, clothes and other products and brands (“piracy”) are generally carried out by competitors and criminal organizations that should be identified and located.

Brands and even Internet Domains are targeted by fraudsters to register on their behalf or on behalf of a third party to blackmail or illicit enrichment.

We consult Montax´s secret briefing against their own client organization to identify threats and vulnerabilities.

Intelligence services are also conducted for the reduction of “leaks”, to improve the reputation and corporate image in the real and virtual environment and to decrease the ability of adversaries to identify intention, plans and corporate strategies.

Preventive audit (Investigative Due Diligence)

Montax assists legal departments of corporations and corporate law firms for the assessment of assets and hidden liabilities of companies in mergers & acquisition or agreements.

Investigative Due Diligence is an indispensable tool to prevent disastrous agreements and partnerships (failure of joint venture).

We research prior to the hiring for the security of the business, such as alliances, mergers, acquisitions & franchisees, proposals for distribution/resale of products and services or use/exploitation of technology or brand through royalties.

Preventive Audit is the solution for suppliers, as well as background checks is for candidates in a job opening. They are Intelligence and forensic services that will help in negotiations regarding a corporate´s risk management.

Montax´s preventive audits are performed by a multidisciplinary team of intelligence analysts, lawyers, accountants and environmental engineers habituated to hidden liabilities of contracts and social status, financial statements, judicial and administrative processes and investments.

It is a complex and detailed study of all business activities and corporate assets, whether tangible or intangible, as well as real sources of income and expenses to mitigate investment risks. Analyzing the environmental standards meeting is another important aspect, however, often abandoned by cultural and financial matters, but it can cause serious damage to the corporation or even criminal liability of the directors.

Montax provides intelligence services applied to lawyers and legal departments to prevent fraud, unsuccessful partnerships or even to decrease the economic Value of Assets in the acquisition process.

Business Information survey

Montax helps corporations in full identification of people and organizations and to prevent external corporate frauds, regressive actions arising from labor claims and indemnity lawsuits of third parties against the labor force supplier and of services.

We raise information about suppliers of products and services to avoid harmful contracts.

We verify and confirm partner’s suppliers, partner´s participation in other companies, the main customers and / or suppliers of suppliers.

We check the supplier´s partner’s background and profits (real or presumed) and possible financial problems such as unpaid bills, issuing checks with insufficient funds and the company’s reputation.

The background of civil debts, tax, labor and social security may reveal threat of external corporate fraud or damages resulting from government actions and others.

Human resources (Background Checks)

People are behind every organization. We collect information about professionals to avoid bad hiring.

Montax takes action in business environments with high incidence of internal corporate fraud. Companies fail to not previously make an effective pre-employment screening by checking on criminal records on professional background for institutional admissions.

Montax offers comprehensive and legally-compliant background screening reports for mitigating risks associated with hiring and retention of employee. We utilize federal, state, and county criminal searches, federal and state civil searches, employment history verifications and education. And a simple access to the content of a profile in virtual communities can also help with information about the ethical reputation of managers and other employees.

Background research helps in the prevention of industrial espionage, corporate fraud, misconduct, faults or bad customer service. By previously checking on them also avoids labor and social security legal actions arising from judicial fraud, bad faith or abuse of alcohol and psychotropic substances;

Montax supports law firms and legal departments of corporations in obtaining evidences to increase the chances of success in lawsuits. We locate dishonest former employees and debtors and their hidden assets.

Categorias de Notícias