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Dispute Consultancy — For Large Corporates

White-Collar Defence & Investigations — Calm Counsel When It Gets Personal

An SFIO summons, an ED enquiry, a whistle-blower email to the audit committee — these are the moments when a company's problem becomes a director's personal problem. We provide structured, privileged support: forensic facts established early, statements prepared carefully, and boards guided through investigations without making them worse.

Delivered by Kamlesh Mishra & Associates (KMA) — Company Secretaries & Corporate Lawyers →
SFIO & EDsummons, statements & proceedings support
Forensicaudit-linked fact-finding that holds up in proceedings
Internalaudit-committee investigations, properly privileged
Directors firstpersonal exposure mapped before any statement is made

What is white-collar defence, in plain words?

White-collar matters are investigations into financial wrongdoing — fraud, siphoning, money laundering, insider trading, books manipulation. The agencies differ (SFIO under the Companies Act, ED under PMLA, SEBI, CBI/EOW, Income-tax investigation), but the pattern is constant: documents are seized or summoned, statements are recorded, and early statements made casually become the spine of the prosecution.

Two disciplines protect you. First, facts: an independent forensic reconstruction of what actually happened — money trails, approvals, beneficiaries — before the agency's version hardens. Second, discipline: every statement, production and public word managed, privileged where the law allows, and consistent across forums. Investigations run for years; the companies and directors who come out intact are the ones who were organised in the first month.

How do you know you need this?

Signal 01

A summons or notice has arrived — SFIO, ED, RoC inspection escalating, tax search concluded — naming the company or its officers. The response calendar starts immediately.

Signal 02

A whistle-blower complaint, auditor resignation or forensic red flag has reached the board or audit committee, and an internal investigation must be commissioned — correctly, or not at all.

Signal 03

Lenders or investors have ordered a forensic audit of the company, and its findings will travel to regulators and courts. What the audit sees depends heavily on what is put before it, and how.

What we actually do.

1

Investigation response management

Summons compliance calendars, document production strategy, and preparation of officers for statements — what to expect, what the record shows, and why nothing is ever answered from memory.

2

Forensic fact-finding

Forensic audit of transactions, funds flow and related parties by our forensic practice — building the factual record your defence, disclosure and recovery actions will all rely on.

3

Internal investigations for boards

Audit-committee-commissioned investigations with proper privilege structure, terms of reference, evidence handling and reporting that the board can act on — employment, regulatory and disclosure consequences mapped.

4

PMLA & ED support

ECIR-stage and summons support, attachment-order challenges before the Adjudicating Authority and Appellate Tribunal, and coordination where ED, SFIO and SEBI tracks run in parallel.

5

Remediation & disclosure

Corrective action that regulators credit: recovery steps, control fixes, LODR and statutory disclosures sequenced with the legal strategy — because how a company responds is itself judged.

What it costs, and how long it takes.

How long it takes

Investigations run on agency timelines — months to years. Our work is staged: emergency response (days), fact-finding (4–12 weeks for most forensic scopes), proceedings support (duration of the matter). Boards receive a realistic map after the first fact review.

What it costs

Emergency response and fact-finding are quoted as defined scopes. Long-running proceedings support is staged quarterly with agreed teams and rates, so the board controls cost across a matter that may last years.

Where we see this go wrong.

Watch out

Talking first, documenting later

The single costliest pattern in investigations: senior people "explaining" informally to officials or auditors before the documents are understood. Statements cannot be unsaid. Preparation is not evasion — it is accuracy.

Watch out

An internal investigation without privilege discipline

Loose terms of reference, findings circulated on email, interviews without protocol — the investigation itself becomes discoverable ammunition. Structure it with counsel from the first hour.

Watch out

Destroying or "tidying" records

Spoliation converts a defensible position into an indefensible one, and is often an offence in itself. Preserve everything, visibly, from the day risk is known.

How the engagement works.

Step 01

Secure

Privilege and preservation set up immediately: documents frozen, response team named, single channel for all agency communication.

Step 02

Establish facts

Forensic reconstruction of the transactions in question. You learn your real position — good and bad — before any authority fixes its version.

Step 03

Respond & defend

Statements, productions and proceedings handled on the factual record, forum by forum, with directors' personal exposure separately advised.

Step 04

Repair

Controls fixed, disclosures made, recovery pursued where the company was wronged. The matter ends with the company demonstrably cleaner than it began.

Questions we hear.

Appear — non-appearance compounds everything — but appear prepared: documents reviewed, facts refreshed, counsel briefed on the record. Statements under the Companies Act and PMLA carry serious evidentiary weight; preparation ensures they are accurate, which is the only protection that works.

They can be, if structured correctly — commissioned by the board/audit committee through counsel for the purpose of legal advice or anticipated proceedings, with controlled circulation. Privilege is fragile; casual handling destroys it. We set the structure before the first interview.

The central government assigns cases to SFIO under Section 212 — typically on RoC inspection reports, public interest grounds, or requests from courts, tribunals or other agencies. Serious fraud allegations in large companies are its home ground.

Yes — provisional attachment under PMLA Section 5, subject to confirmation by the Adjudicating Authority, where property is alleged to be proceeds of crime. Challenges run before the Authority and the Appellate Tribunal; timelines are short and strictly counted.

Sometimes — voluntary disclosure and cooperation earn real credit with regulators and lenders, and concealment is usually discovered anyway. It is a judgement call made on facts, with the forensic picture first. We advise on the specific situation, never by slogan.

Treat it as the start of a formal process: audit committee engagement, independent fact-finding, and disclosure assessment. Section 143(12) reporting has its own timelines. The board's documented response is itself a key defence document.

Yes — investigations usually involve litigation counsel, tax counsel and PR advisers. We run the forensic and company-law core and coordinate the team so positions stay consistent across every forum.

Notify early — D&O policies have strict claim-notification conditions, and investigation costs are often covered. We align the defence structure with policy requirements so cover is not lost on a technicality.

Disputes, Diligence & Resolution

Start with a conversation.

Talk to a partner about your situation — no pitch, no obligation. If we're not the right firm for it, we'll tell you that too.

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