The lawful access and use of business and personal Intelligence is of great value in assessing risk events, uncovering and dealing with malfeasance and corruption and tracing assets available in a dispute.
As a law firm Spring Law has the advantage over conventional intelligence agencies that its work for clients is subject to client/attorney privilege. This is not unimportant when we are conducting investigations into corrupt activities which may be the focus of enforcement agencies around the World. Client/Attorney privilege gives us the best chance of resisting any third party order for disclosure of sensitive working material and investigatory output.
The gathering of intelligence, corporate and personal, is not only relevant to an active investigation where corruption or bribery is suspected. It can also assist significantly in assimilating information to prove or defend a litigation or arbitration case. Important in that context is always understanding whether a defendant in legal proceedings actually has available assets in easy to reach jurisdictions.
Before clients embark on costly litigation we always recommend that we consider whether damages awards can actually be paid on a successful outcome. Intelligence is a proven way to deepen our understanding of the defendants capacity to pay and the location of assets.
We analyse open source data, internal data, documents, and communications, as well as gather external information via human intelligence sources, combining these information sources into cogent and compelling supporting material that supports a case or investigation.
Over the years we have developed a network of discreet human source intelligence assets. Our team includes experienced corporate investigators, former members of MI6 and other intelligence agencies, and forensic accountants.
Whatever the reason for using our intelligence services, our aim is the same: to provide clients with targeted information that can offer competitive advantage. This often requires us to understand and exploit available internal and external information to obtain facts that assist in the broad understanding and resolution of client problems.
Knowledge is Power
Intelligence is a way, pure and simple, of enhancing knowledge.
The intelligence can be used either to simply increase knowledge available to assist in decision making, or to deploy the information as part of an investigation or dispute.
The aim always is to obtain and gather information lawfully, and our intelligence assets are well aware of the legal constraints concerning intercept of communications and privacy.
The truth is that open source data and human intelligence are treasure troves of knowledge when properly understood, and these skills are specialised.
The purpose of intelligence gathering is to secure some form of competitive advantage, to make sure that no stone remains unturned through want of expertise in knowing how to turn it.
Examples of where intelligence can assist client’s objectives are:
- to assist in understanding a political environment where they are or intend to be active;
- where their reputation is being damaged, how and by who;
- to obtain a deeper understanding of political and corporate risks associated with emerging markets;
- profiling target companies and their management as part of deeper due diligence in M&A activity;
- assisting in disputes, not just in terms of primary relevant evidence but also in understanding the extent and location of assets.
Judicious use of intelligence can significantly enhance the likelihood of reaching the objective. We strongly recommend its use in the right circumstances.
Using intelligence to inform decisions and assess risk is an important strategic tool. Effective Dispute Avoidance augmented by intelligence will save money and mitigate known and unknown risks.
The key to success is to avoid disputes where possible, but to prevail if resolution of disputes becomes necessary. Intelligence effectively applied to disputes increases success.
Effective intelligence is a valuable tool to assist in the conduct of business, investigations, the management of risk and the defence or commencement of claims in Court.