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Financial investigations

Methods of financial investigations, evidence, typology of financial crime and the role of specialised knowledge.

A financial investigation is the reconstruction of the movement of money and assets from documents: from the first transaction to the ultimate recipient. “Follow the money” works because any scheme leaves traces in bank statements, accounting records, contracts and reporting — even when the individual transactions are papered impeccably.

In criminal proceedings with an economic element the pre-trial investigation is mostly conducted by the Bureau of Economic Security; materials also come from the tax service and the financial intelligence unit. Specialist knowledge is used in two forms: as an expert conclusion, which is an independent source of evidence, and as the assistance of a specialist — consultation, participation in investigative actions, preliminary analysis of a document set.

For defence counsel, timing is decisive. Economic analysis carried out before a notice of suspicion shows what the prosecution's theory actually rests on and where its calculations are thin. This section covers methods of tracing funds, typologies of financial crime, the difference between an expert conclusion and a specialist's explanations, evidentiary requirements in financial cases, and the practical limits of what bank statements alone can establish.

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Frequently asked questions

How does a specialist differ from an expert in a financial investigation?

The expert conducts a study and issues a conclusion that is an independent source of evidence. A specialist gives consultation and technical assistance — during inspection and seizure of documents, for instance — but their explanations are not evidence of the same rank. In practice the roles combine: the specialist helps assemble the document set, and an examination follows.

What is fund tracing and what does it prove?

It is the step-by-step reconstruction of a chain of payments between accounts and persons from banking documents. Tracing shows the direction and amounts of the flows, the pass-through nature of certain companies, and gaps between payment and actual supply. It does not prove intent: motive and fault are established by the court on the totality of evidence.

When should defence counsel engage an economic expert?

The earlier, the more options remain. Before a notice of suspicion, economic analysis makes it possible to test the investigator's calculations and to prepare a reasoned motion. Bringing in an expert on the eve of closing arguments narrows the work to attacking a position already fixed.

Are bank statements enough for an expert conclusion?

For establishing the movement of money — often yes. For a conclusion on whether business transactions were real — no: contracts, primary documents and accounting data are needed. A statement records a payment; it does not confirm that goods were supplied or works performed.

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