Victims of fraud
Your company suspects fraud, or wants to guard against fraud that has not yet happened. We provide private investigation guidance inside your organisation, alone or with external fraud auditors, while staying within the limits of the law. If you are still unsure whether something is wrong, it is often better to start with a fraud assessment.
Why you entrust this to a lawyer
Our specialists detect fraud within your company and help prevent it, alone or together with external fraud auditors. We investigate both inside and outside your organisation. Entrust that task to a lawyer, and you avoid the licensing duty under the Act of 18 May 2024 regulating private investigation: Article 4 of that Act expressly excludes the professional activity of the lawyer, together with that of the notary, the bailiff and the statutory auditor. Our specialists have extensive experience in this field: Stijn De Meulenaer has taught in the Masterclass Fraud Audit for more than fifteen years.
Engage an external investigation agency instead, and that agency does fall under the licensing duty: Article 7 forbids offering those services without prior licence from the minister of the Interior, and Article 8 forbids you, as principal, from using an unlicensed firm. Your own personnel department carrying out an incident enquiry against your own employees needs neither a licence nor an identification card, though the other rules of the Act still apply. We guide you through each of those three routes: as your lawyer, alongside an external agency, or alongside your own personnel department.
Discovering fraud affects not only your results, but also your reputation and the trust of your stakeholders. That is why we treat every assignment seriously and ensure a thorough enquiry with a clear report of our findings. We tailor our approach to the specific situation and objectives of your company.
What the law expects of you during the enquiry
Every private investigation assignment requires a written assignment document, with ten mandatory items, including the legitimate purpose and the undertaking not to use the results for other purposes. Where the principal is also the investigator’s employer, an assignment register replaces that document; that register is kept for five years. Certain information stays off limits regardless, such as political or trade union beliefs, health data, and suspicions or convictions that have not been made public.
After the final report, you state within thirty days whether you act on it. If you do act on it, the assignment holder informs the person concerned and any other identifiable person without delay and in writing. If the enquiry establishes facts that clearly amount to an offence, the investigator must inform the public prosecutor immediately and in writing.
If your company organises its own internal department for private investigation, you also need a data protection officer, in house or under an agreement with an external one. If the enquiry confirms a suspicion of fraud, we discuss the next steps together, from a fraud audit to a full fraud investigation or damage recovery, as part of our wider support for victims of fraud.
Frequently asked questions
Can a lawyer carry out a private investigation without a licence?
Yes, Article 4 of the Act of 18 May 2024 regulating private investigation expressly excludes the professional activity of the lawyer from its scope. The same exception applies to the notary, the bailiff, the journalist and the statutory auditor. An external investigation agency that does not exercise any of those professions does need a licence from the minister of the Interior. Without that licence, the evidence gathered is void.
Can our own personnel department investigate a colleague?
Yes, your personnel department may carry out incident enquiries against your own employees, without a licence and without an identification card. Article 43 of the Act of 18 May 2024 regulating private investigation makes that exception expressly. The other rules of the Act still apply, including the duty to report to the public prosecutor once the facts are clear. If you are unsure where that line sits, have it assessed in advance.
What must the assignment document for an enquiry contain?
That document contains ten mandatory items, including a precise description of the assignment and its legitimate purpose. Article 66 of the Act of 18 May 2024 regulating private investigation also requires the undertaking not to use the results for other purposes. Where the principal is also the investigator’s employer, an assignment register kept for five years suffices instead. Without that document or register, your enquiry is not in order under the Act.
Must you report to the public prosecutor if the enquiry establishes an offence?
If the enquiry establishes facts that clearly amount to an offence, the investigator must inform the public prosecutor immediately and in writing. After the final report, you state within thirty days whether you act on it. If you do act on it, the assignment holder informs the person concerned and any other identifiable person without delay and in writing.