Corporations, law firms and governments are increasingly facing difficulties complying with data related regulations and managing the vastly complex and voluminous data required for compliance, investigation and litigation matters. Kroll’s global Data Insights and Forensic practice takes our governance and risk advisory services to a new level, with technology and process innovation across the traditional service areas of data forensics, discovery and analytics. This team of technologists, data governance/privacy experts, and data insights specialists provide unbiased guidance and expertise to help address the most complex compliance, regulatory and legal matters.
Case Study – Banking Investigation with Global Regulators
DIF team members were engaged in a global banking investigation spanning eight countries and involving a data collection of close to 30Terabyte . As part of this investigation, structured and unstructured data sets were forensically collected from various banking environments, including audio data, with unavailable metadata. In order to amalgamate and review these diverse data sets, we set out to develop workflows for the review of structured and unstructured data by utilizing metadata identification and processing using various AI technology solutions to create timelines and connectors with the various disconnected datasets.
Due to in-country origins and data protection laws, data could not be exported outside of jurisdictions. The team prepared on-premises and in-country solutions for litigation advisory and data management requiring segregated databases with strict access protocols for multiple legal teams of over 100 lawyers daily across the globe. Advanced technology solutions were utilized to perform in-country data cleanses prior to export. Global centralized reporting was utilized and shared by the cross-border teams to facilitate the investigation as out-of-country access was prohibited and to provide key information to global regulators. The global centralized reporting also captured various translations of specific documents at the request of the regulators.
During the course of the investigation, 150+ workflows were created to enable legal teams to respond to multiple regulator requests to gain insights, deliver weekly updates and prepare productions in multiple formats and languages to various regulators with contrasting disclosure specifications and deadlines. The disclosure exercises involved redaction exercises specific to regulators for document and audio data.
Case Study – Merger Litigation
DIF team members were engaged in a high-profile merger litigation for a Fortune500 healthcare corporation. The team had 120 days to analyze, review and produce responsive material from a 110Terabyte data set in preparation for a trial with the Department of Justice.
Our practice professionals worked closely to prepare protocols for the targeted collection, processing, analysis, review and production of the growing data sets. Leveraging the use of AI technology solutions to filter, identify and review structured and unstructured data sets and applying strict pre-determined standard operating procedures the team was able to meet the aggressive deadlines and produce terabytes of data on an ongoing basis prior to and during trial.
With the use of customized reporting and in-built data analytics, we assisted the legal team in culling down the initial review data set in order to meet weekly production deadlines in a time and cost-efficient manner.
Advanced analytics and technology solutions were applied to the data sets to pin-point email and chat communications at the C-Suite level regarding the merger and revised agreed priorities initially communicated to parties. The technology team located key communications across multiple platforms as well as the use of a cloud based shared site used to store executive communications not previously disclosed. The use of advanced analytics was instrumental in locating the communications and providing those to the law firm to introduce at trial.
Case Study – AML/OFAC Monitorship, German Bank
A German bank (“the Bank”) with global operations entered into a deferred prosecution agreement with the U.S. Department of Justice (DOJ) and New York State Department of Financial Services (NY DFS) after accepting responsibility for conduct in violation of International Emergency Economic Powers Act (IEEPA), Banking Secrecy Act (BSA) and the Office of Foreign Asset Control (OFAC) regulations.
Our team advised the monitor appointed by NY DFS to assess a number of anti-money laundering (AML) and OFAC programs within the Bank, including the upgrade of their global transaction monitoring system, sensitivity testing of sanctions screening systems, data governance and ownership structure, data lineage and integrity and systems controls to prevent previous malfeasance from being repeated.
Our team conducted in-depth review in these areas and made recommendations to enhance risk coverage, data controls, systems effectiveness, analytical efficiency, data governance, and AML/sanctions model coverage and efficacy.