INDIA INVESTIGATIONS
Representative Matters · Internal & Whistleblower Investigations

Forensics for the creditor of a defaulted group

An outside-in review for a creditor
Client
a special-situations fund
Target
a listed industrial group in default
Posture
creditor-side, outside-in

The matter

When a large listed industrial group defaulted, one of the special-situations funds with exposure wanted more than the insolvency process would volunteer: an independent forensic and investigative review of the group and its related entities, to understand what had happened to value and where the group's dealings would bear scrutiny.

“The group's structure and related entities were mapped, and its public record and press trail read closely.”

The work

The work, carried out during my tenure at a global investigations firm, applied investigative methods to a distressed group. The group's structure and related entities were mapped, its public record and press trail read closely, and the questions a creditor most needs answered were pursued: which transactions look ordinary, which do not, and what that means for recovery.

Why it matters

Creditor-side forensics differs from a company-side investigation in that there is no cooperation to rely on. The work has to be built from the outside, from filings, registries, litigation records and market information. It also has to be careful, because its conclusions feed decisions on enforcement and negotiation. I take the same approach now for resolution professionals, committees of creditors and funds with distressed Indian exposure.

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