Presentation on theme: "AmCham Receivables Management Workshop 11 April 2006 Warsaw Iris Paeschke Consultant Control Risks."— Presentation transcript:
AmCham Receivables Management Workshop 11 April 2006 Warsaw Iris Paeschke Consultant Control Risks
Subject What is this presentation about? Focus is not on the legal requirements and procedures. But on operational issues of debt recovery. Especially when the debtor is either insolvent or resides in remote jurisdictions debt recovery becomes problematic in pure practical terms.
Agenda Define the problem Questions and objectives Tools in detail
To cope with the task: define the problem Flash Point You are facing a major problem: substantial losses of assets, e.g. information, goods, money, tender etc. Solution Use your information resources or a consultancy to enlighten the circumstances. Definition Define the problem and narrow the issue down in-house.
A first step to asset recovery is business intelligence –Collect more information on the debtor. Identifying addresses, obtaining rudimentary corporate filings gives you first data you can work with. This work can be done in-house if the creditor has installed a bad debt policy and spent time on training its team. –However, an "easy on bad debt" policy is just as severe as an "easy on corruption" or "easy on fraud" policy. Bad debts have a tendency to become endemic and thus threaten the financial health of a company. What should be done first
Operational objectives: Who is the ultimate beneficary of a company when the debtor 's company shields its assets through shell companies and off-shore entities? Does a company still own some assets although it has filed for insolvency? Are there indications of fraudulent behaviour? Do law-enforcement agencies need to get involved? Tactical objectives: Even if civil litigation against managers of debtor companies might look promising: How realistic is it that these managers do have in fact have assets to pay off the debt? If the debtor asks for a settlement: What is his maximum ability to pay, in contrast to his maximum willingness to pay? Questions arise …
Where the money goes Our experience with asset tracing and asset recovery in Poland, Germany and Eastern Europe show some principle guidelines, how to cope with the practical issues of bad debt collecting: –Bad debts follow similar patterns and bad debtors use similar methods of shielding their assets. –Owners of insolvent companies have a tendency to shield assets prior to the default. These assets are often not very well hidden and can be identified. –If there are any signs of fraud, there is almost always an opportunity to cooperate with law enforcement. This holds true even for remote places and countries. –The costs of collecting have to be monitored carefully. There is no point in chasing potential claims that will never materialise.
Tools in detail Open Sources Research Searching of Files / Workshop IT Forensics Close Questioning / Interviews Special Techniques
Open Sources Research What information do we use? Internet Chat rooms News boards Public Registers Press & Business Databases Other Special Databases
Workshop / Internal Files Mexiko City Los Angeles New York London Berlin Djakarta Melbourne Sydney Shanghai It is important that all files related to the task are included into the inquiries. Internal files, such as Personnel file Reports of internal auditors / lawyer Letters Notes Special information, e.g. Holiday / Sickness list Itemised bill (fixed and cellular) A workshop can reveal other important information, which become useful later on.
Computer Forensics Los Angeles New York London Berlin Djakarta Melbourne Sydney Shanghai What are the targets? Personal Computer Server Network What are we looking for? Hardware Software User Configuration Internet History, server files s (you have to read them all !) Keywords / Documents Pictures
Close Questioning / Interviews Los Angeles New York London Berlin Djakarta Melbourne Sydney Shanghai When most of the information are gathered a close questioning of the suspects is suggestive. Questioning should be done by external experts only. Why? Suspects do not know us. We are trained on questioning. We are not involved in the day to day business.
Special Techniques Los Angeles New York London Berlin Djakarta Melbourne Sydney Shanghai In extraordinary circumstances we use special techniques to retrieve the information. In dependence on the issue, we have a wide range of methods we are able to use. However such methods are Used as ultima ratio only. According to the local jurisdiction.
Dos and Don‘ts Don‘ts: –Don‘t use obscure or illegal methods. –Don‘t seek for revenge. –Don‘t let you put off the problem and do not be frighten. –Don‘t wait too long. Dos: –Structurise and standardise the bad debts collection process. –Your employees should be trained on it. –The process should be initated under any circumstances. –It should be embedded into a legal process, together with the legal department and/or lawyer –Check for fraudulent behaviour. If so: involve internal auditors or external consultants. –At the end: use your cases for preventive measures. Improve your know-your-customer-policy.
Contact Alle hier vorgestellten Ideen und Vorschläge sind geistiges Eigentum der Control Risks Deutschland GmbH und unterliegen dem Urheberrecht. Jede Vervielfältigung im Ganzen oder in Teilen sowie die Weitergabe an Dritte ist nicht gestattet. Für den Fall, daß es nicht zur Auftragsvergabe durch den Partner (Adressaten) kommt, dürfen die hier vorgestellten Ideen und Vorschläge nicht verwendet werden. Control Risks ul. Koszykowa Warszawa T: F: Iris Paeschke Consultant