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Expertise in (anti)fraud and corporate (criminal) law

Everest (anti)fraud is the department of Everest Law with expertise in (anti)fraud, compliance and corporate (criminal) law, for companies, for their directors and for professionals. We work both in prevention and in conflict resolution.

Why fraud asks for more than criminal law

More than twenty years of experience with fraud has taught us that fraud calls for a broad approach, one that draws on several branches of the law. Fraud is therefore not confined to criminal law, but also runs through tax law, employment law, company law, liability law and the law on seizure.

On the basis of that broad approach we offer our services in six domains.

01

Fraud prevention and private investigation

Since 16 December 2024 the law on private investigation sets limits on what you may check yourself inside your own company. We review your anti-fraud policy and draft your fraud & integrity policy, taking account of what you want and within what the law allows.

02

Fraud investigation and audit

Something is going wrong in your company and you want to know exactly what happened before you decide what happens next. Together we set the contours of an investigation that we carry out, where needed, with specialised private investigators. At the end you receive a report with which you can decide which further steps we take.

03

Fraud rectification and damage recovery

As the company bearing the loss, you want to stop the fraud and recover as much of it as you can. If you are the one under suspicion, a criminal settlement or a tax regularisation is often in your own interest as well.

04

Compliance and anti-money laundering

Several of our lawyers are also recognised by Febelfin as Certified Compliance Officer. For that purpose we created a separate service under the name Lex Comply by Everest, with which we help companies to be fully compliant in both (anti)fraud and anti-money laundering (AML).

05

Corporate criminal law and disputes with regulators

We assist companies and those active within them when they are the subject of a criminal or other investigation. Several of our lawyers are trained and accredited to assist at interviews, prepare you thoroughly in advance and then assist you expertly during your interview. Together with you we consider whether it is useful to ask for access to the file or for further investigative measures. And where it is needed, we also assist you in your defence before the court or before the regulator.

06

Conflict resolution

A lawyer does more than litigate. We focus on the conflict and we aim to resolve it. Before the court where that is needed, or around the table where that is possible. Stijn De Meulenaer is also accredited as a mediator, and courts regularly appoint him to resolve serious conflicts inside companies (such as disputes between shareholders and directors) through mediation.

Several of our lawyers are also recognised by Febelfin as Certified Compliance Officer. For that purpose we created a separate service under the name Lex Comply by Everest, with which we help companies to be fully compliant in both (anti)fraud and anti-money laundering (AML).

lexcomply.be

Questions

Frequently asked questions

What can a company come to Everest (anti)fraud for?

A company comes to us to prevent fraud, to investigate fraud inside its own organisation and to defend itself in criminal proceedings, both for perpetrators and for victims. We act for company directors, for internal compliance and audit teams, and for other lawyers who refer a file to us. Everest (anti)fraud can be your partner for a one-off assignment as well as for the development of a long-term collaboration.

May an employer investigate fraud inside its own company?

Yes. An employer may investigate fraud inside its own organisation, but it must respect the rules on privacy and on the protection of workers. If it calls in a private investigator to investigate one of its own workers, the Act of 18 May 2024 regulating private investigation, in force since 16 December 2024, also applies. That Act allows such an investigation only where a set of internal rules states expressly and transparently that investigations in the workplace are possible and under which rules. Companies have until 16 December 2026 to put such rules in place.

When must a company have a whistleblowing procedure?

As soon as it has fifty workers or more. Every company from that threshold must have an internal reporting channel where workers can report breaches, together with a procedure to follow up on those reports. The channel is set up after consultation with the social partners.

Companies with fewer than fifty workers are exempt, unless they fall under the anti-money laundering legislation or under the rules on financial services, products and markets. Those must always have a reporting channel, whatever their size.

Why does fraud ask for more than criminal law?

Because fraud is rarely a criminal law problem alone. Anyone faced with fraud often also has to deal with the tax authorities, with the liability of directors, with the recovery of misappropriated funds, with seizures,... A good approach therefore calls for knowledge of criminal law, tax law, employment law, company law, liability law and the law on seizure, and the experience to combine them. With more than twenty years of practice in fraud cases we therefore offer our services in six domains.

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Or call 09/334.94.70

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