Browne Jacobson teamed up with Expolink, Europe’s leading independent whistleblowing hotline to provide clients and guests with an insight in how to encourage and handle disclosures, and conduct investigations. Our focus was on best practice and guidance on investigations and will in turn focus on two hot topics: harassment claims, and fraud. Visit our webpage for further information and training - https://www.brownejacobson.com/

1. Whistleblowing symposium
October 2018, Birmingham

2. Whistleblowing: focus on fraud
Paul Wainwright, Partner & Head of Counter fraud

3. Introductions
Paul Wainwright – Partner, Browne Jacobson LLP
Jamie Lombard – Marketing Manager, Expolink
Rebecca de Glanville - Business Assurance Manager, Expolink
Gemma Lynch – Associate, Browne Jacobson LLP
Andrew Hopkin – Partner, Browne Jacobson LLP

7. Whistleblowing – occupational fraud
Fraud Impact report PWC (2018) ACFE (2018) Occupational Fraud
Cost to business 25% of all fraud >£700,000 5% of Annual turnover
Most prevalent method 49% cyber enabled
32% asset misappropriation
23% = procurement & bribery
89% asset misappropriation
38% corruption
10% financial statement fraud
Most prevalent source 55% external perpetrators
Biggest risk 50% of all fraud committed by senior managers 44% employee
19% owner executive
Most successful tools 19% fraud risk management
16% whistleblowing
15% internal audit
10% suspicious transactions
7% accidental
1% data analytics
40% Tip offs (whistleblowing) – 50% from
Employees; 1/3 from external
15% Internal audit
13% management review
5% account reconciliations
7% accidental
1% IT controls
Effects 66% impact on brand
77% impact on business relations
78% employee morale
Median loss for asset misappropriation US
$114,000 (46% > US$200k)
Median duration of scheme – 16 months

8. Whistleblowing :Fraud detection

9. “The Fraud Tree”

10. Whistleblowing: wrongdoer

11. Whistleblowing :law enforcement?

12. Whistleblowing : recoveries

13. Internal investigations & legal
privilege
Andrew Hopkin, Browne Jacobson

14. Context
• internal investigations – purpose
• disclosure – internal investigation is a route map
for regulators and others
• accountability and transparency vs proper desire to
take confidential legal advice
• privilege is clients/yours
• public and private sector

15. Facts
• ENRC – mining Co
• whistleblower allegations
• instruction external lawyers and accountants
• interviews of employees
• presentation to Board
• SFO involvement

16. Privilege
• legal advice privilege:
- confidential communication
- lawyer and client
- purpose giving or seeking legal advice
• litigation privilege:
- litigation in progress or reasonable contemplation
- communication sole or dominant purpose is
conducting that anticipated litigation
- litigation is adversarial

17. High Court
• no client
• litigation not in reasonable contempt
• no realistic prospect of conviction
• distinction purpose of conducting litigation and
purpose of avoiding litigation

18. Court of Appeal
• purpose of heading off, avoiding or settling
reasonable contemplated proceedings is within
scope
• uncertainty doesn’t mean no contemplation
• reasonable contempt can occur before Regulator
contact
• considered LA privilege and ‘client’
• fact specific

19. Practical Steps
• investigation team
• clarity re client
• clarity re privilege
• clarity re report and remit
• people strategy - structure – senior officers
• document strategy – securing and managing
• self reporting
• media and communications

20. #MeToo 1 Year On – a UK
Perspective
Gemma Lynch, Browne Jacobson

21. The Prequel - 2016
• Trade Union Congress survey – ‘Still just a bit of
banter?’
• Q - have you ever experienced any of the following
types of unwanted sexual behaviour from a work
colleague or work client in your workplace?

22. The Results
0 5 10 15 20 25 30 35 40
Displays of pornography
Sexual comments about women/another woman
Unwated messages of sexual nature
Unwelcome sexual advances
Sexual assault
Unwanted touching
Unwelcome sexual jokes
Sexual comments about body and/or clothing
Serious sexual assault/rape
%

23. TUC poll on reporting sexual
harassment
• 79% who had experienced sexual harassment did
not report it
• 7% did report it but said it was not dealt with
satisfactorily
• 6% did report it and said it was taken seriously and
dealt with satisfactorily
• 8% - don’t know or preferred not to say

24. #MeToo
• 15 October 2017 – the Alyssa Milano tweet
• 12m shares on Facebook in 24 hours
• 1.7m tweets across 85 countries in the first week
• 45% of Americans had a friend who had posted
their account of being sexually harassed using the
hashtag (Facebook)

25. One year on…
What difference has the #MeToo movement made?

26. The Fawcett Society
• The Fawcett Society - UK’s leading charity
campaigning for gender equality and women’s
rights
• Founded in 1866
• 2 October 2018 – “#MeToo one year on – what’s
changed?”

27. “#MeToo one year on – what’s
changed?”
1. 43% (men + women) aware of the #MeToo
movement of which 85% correctly identified its
aims
2. Those who were aware are 1.5 times more likely
to say the boundaries of acceptable behaviour had
changed in last 12 months

28. “#MeToo one year on – what’s
changed?”
3. 28% of men and 34% of women have had a
conversation with someone of the same sex
about sexual harassment
4. 38% think differently about what is and is not
acceptable:
 54% of 18-24 year old women
 56% of 18-24 year old men

29. “#MeToo one year on – what’s
changed?”
5. Speaking up:
– 35% more likely to challenge behaviour or comments
they consider to be inappropriate
 51% of 18-35 year old women
 58% of 18-35 year old men

30. Thank you for attending

31. All information correct at time of production.
The information and opinions expressed within this
document are no substitute for full legal advice. It is for
guidance only and illustrates the law as at the published
date. If in doubt, please telephone us on 0370 270
6000.
© Browne Jacobson LLP 2018 – The information
contained within this document is and shall remain the
property of Browne Jacobson. This document may not
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