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In Fraud and Corruption investigations, Artificial intelligence and data analytics save time, says IT expert
When a legal team needs to find the facts behind fraud and corruption allegations in a government investigation, technology can drive substantial new efficiencies.
By filtering and evaluating vast amounts of information, artificial intelligence (AI) can effectively sort text messages, audio files, e-mail, and other unstructured data into manageable groups; identify potential relationships between parties accused of fraud or corruption; and recognize patterns of frequency or timing, which may support a client’s defense.
Technology-assisted data analysis can provide the diligence and reliable quality control needed to provide the government with conclusions they can trust.
In this interview, a Partner at Hogan Lovells in Washington, D.C., Peter Spivack, explains how the process of gathering, sorting, and evaluating enormous volumes of data has changed, and why skilled human intelligence is likely to remain a required component of an accurate analysis. Excerpt
Where does the data come from in a government investigation, what are you looking for in that data, and how do you use it in your case?
When we do investigations for a client, we’re trying to determine the facts. There’s usually a very vague allegation that comes in, maybe through an internal whistleblower hotline or a subpoena from the government. We have a list of documents that a government entity is requesting, a complaint that somebody called in to a hotline, an anonymous e-mail that reports some allegation, or a news article.
So there’s a certain amount of information that may show us the ballpark, for example, but we don’t know what row and what seat we’re sitting in. We’re trying to determine if there is an issue, and whether it’s the same issue that’s been identified. If it’s a government investigation, what’s the government looking at? What’s the strength of the evidence? What are the legal or regulatory defenses that we can use to advocate? What’s the client’s exposure? And how do we explain this to the in-house general counsel, chief compliance officer, board, audit committee of the board, and outside auditors, to give them an assessment of what the risk is?
And if we’re going in to see the government, how do we explain that we’ve done an investigation that they can rely on and found the relevant facts, or have taken sufficient steps that, based on the sources of information available to us, we can rule things out? Because they’re not going to simply say, we trust you and if you tell us you’ve looked at five e-mails, that’s all you needed to do. We need to be able to tell them that we’ve looked at the whole picture.
Then there are other constituencies that drive investigations, especially for big public companies. Are they trying to get a line of credit? Are they looking at a possible merger where someone may ask them, as part of due diligence, do you have any issues? If you do, what have you done to look at the issues, what steps have you taken to resolve them, and what confidence do we have in the result?
There’s a variety of things that drive us to try to determine what the facts are, depending on the situation, and sometimes they are present all at once.
After determining the approach to the investigation and the data you need, you then have to review the data sources. Where is that data stored?
The way companies keep data is basically structured and unstructured. Structured data is essentially kept in an accounting or enterprise resource planning (ERP) system, such as SAP or Oracle. The data housed there is a record of all the transactions they’ve undertaken, and we’ll work with a forensic accounting firm to define a set of data analytic tests that we can run.
Those tests can be a variety of different parameters we can flag that can be used to show basic fraud or corruption criteria. For example, are there round-number transactions? Are there sequential invoices to the same vendor? It may seem strange that the vendor is getting Invoices 1, 2, and 3, when it’s a vendor that ostensibly would have many other customers. Is there a mismatch in the location of the work and the actual route of payment? Maybe the work is being done in Colombia, but the payment is going to France. We may need to ask for an explanation.
You run those parameters across structured data and come up with transactions that can be tested by taking what’s been journaled in the accounting system and looking at the underlying documents. If you have a contract, does the contract description match the payment description in the system? If there are deliverables under the contract, are they general and vague, or measurable and specific? Can we determine that the transaction has actually taken place?
You can narrow the scope of those data analytics if you’ve got a specific question. For example, we think that this consultant is allegedly paying bribes to government people, so we’re going to look at that consultant, the contract, the signatories on the contract, and the description of work under the contract. We’re going to see what evidence there is of the work. We’re going to look at the payment terms and say, does this seem like something that is commensurate with the value being delivered? Is it a fair market value? We’re trying to hone in and test the bona fides, so to speak, of that contractor business arrangement.
Take an example: one of our clients paid a lot of money to hire a well-known lawyer from another firm. But if you looked at that lawyer, you’d say, he doesn’t really seem to have expertise in that area. So how do you explain that? Maybe there’s a legitimate explanation. But it’s something that comes up and so we say, we want to look at that further. It doesn’t necessarily give you the answer, but it focuses things for you to look at.
What is unstructured data, and how do you use them?
That’s basically the way that people use communications systems. It’s text messages, e-mails, messaging apps like Viber and WhatsApp, and other types of point-to-point encrypted communications. There’s been an explosion of unstructured data — so much more than there used to be.
My first investigation at Hogan Lovells was for a company that was under investigation for promoting its product off label. They had human growth hormone that had a very specific use, and the government was concerned that they were promoting it widely for other unapproved uses. I was literally looking at hard-copy documents and putting them in Redwelds, depending on which paragraph they were responsive to. That was in 1998. Twenty years later, we’d never do something like that, because we’ve gone from 100 boxes of documents to 200 terabytes of data, and one terabyte is enough to fill the U.S. Library of Congress. So there’s got to be some way to manage all that data and filter it.
How do you start narrowing down data?
The first step is collection: you’ve got to go out and actually get it. That means, looking at the e-mail system. If we think of unstructured data as a series of concentric circles, it also means going out one ring and getting devices that people use, like laptops, and imaging their hard drives. And going out another ring if you can, depending on data rules, and collecting peripheral devices — smart phones, external drives, USB sticks — that store data.
So now you have this immense amount of data, more than any team of lawyers could review if they reviewed every single document for the rest of their lives, their children’s lives, and their children’s children’s lives. It’s clearly an unmanageable amount. The only way to address that is to try to process it and get it all in a form that can be managed and filtered. You try to exclude things that may be very data heavy but are of little value: program files, photographs, things that are really large that suck up data storage space. Then you have a set of data that you try to filter.
What techniques do you use in filtering?
The most basic technique is search terms. You come up with a list of words related to the investigation and apply them across the data to see if there are hits for documents that contain those words. Then you’re reviewing them at first and second levels to see if they’re relevant to the investigation. That sounds good, except you may only have narrowed your ballpark to the club-level seats; you’re getting a tighter ring, but it’s still an enormous amount of data.
There are other techniques that can be used as well, such as an algorithm. It’s called technology-assisted review. You’re taking a set of documents and reviewing that set with a subject matter expert on the investigation. They’re going through a thousand documents and saying, this one is relevant, this one is not. You’re essentially training an algorithm and honing it on the computer so that it can then give you a probability-based set of outcomes for the potential relevance of documents. The probability stratifications can be in 10 percent levels, so you have buckets, from a very unlikely probability bucket to a highly likely probability. You might be able to review the first two buckets, so you screen out a portion of your documents that way.
There is nothing available yet that is really AI, but there are ways of doing concept searching with certain applications. One that we use is called Brainspace, and it’s basically a sophisticated form of the algorithm that groups concepts. You can run a set of documents through Brainspace and decide what concepts to look for. If you want to look for “office leases,” it will group documents around that. You get a set of documents that you can then review for the concept of “office leases,” whereas if it’s payments to a particular third party, you can group them around that concept as well. That gives you more ability to target and focus.
A lot of times we’ll run different techniques as a way to cross reference. That helps get through larger amounts of data at a higher and more efficient rate. But at the end of the day, it still depends on human evaluation and intelligence to look at a document and say, this is important, as it’s related to things that we’re talking about, or there’s a particular issue here.
While we’re doing that, you have to remember it’s a dynamic situation, so there may be something that comes out of the transaction and data analytics that then says, wait a minute, we really want to look at this company, so let’s run that as a new term through whichever technique we’re using. Or we may put these documents together for interviews. We have a set of documents, we go to talk to a witness and say, what happened? And they tell us but then they raise another issue. That gets fed back into the review of documents and transactions to see if there is anything here that we have to be concerned about or if a new issue has come up.
Or there might be another whistleblower e-mail that comes in, competitor complaint, or newspaper article. So a lot of times, it’s a dynamic process. You don’t have just a static set of issues that you’re looking at. One of the fun things about it is that there’s this constant evolution.
Who is a typical client in this scenario, and what’s the primary benefit of this approach?
This is a way of making investigations more efficient, and efficiency means cost effectiveness. Clients are getting more and more comfortable with data and techniques of analyzing data, to the point where some clients in their compliance programs not only have lawyers and accountants, but also data scientists. A big multinational client, with tens or hundreds of thousands of employees, has people on staff who can design the most current state-of-the-art search engines, train algorithms, and use them as a way to leverage resources.
It’s the outer edge of clients who have that capability, and they have to be big enough and operate in enough countries that they’ll use it. If they’re not, then we work with forensic technologists, both in-house and at forensic consulting companies. They’re very familiar with different search techniques and technologies and the way to leverage them to process and filter larger and larger amounts of data.
There have been significant advances in technology in the last few years, and more and more interest in it. A lot of it is because of the ever-increasing amounts of data, and as a result, ever-increasing cost. There have to be ways to get costs to a controllable, reasonable level. So we have to know how to do that and work with people who understand and are comfortable with the concepts. We have to be able to articulate both to the client — if they’re unfamiliar with it — and to the government — to defend it — what we’re doing, how we’re doing it, and why it’s reliable. The government uses these techniques as well, so most of them are very familiar with it. They just want to make sure there’s a sufficient level for liability.
About Peter S. Spivack
Peter Spivack is one of the most experienced members of the Investigations, White Collar, and Fraud practice area, and served as a global co-leader of the practice for six years. His experience in the criminal arena includes antitrust, environmental, Foreign Corrupt Practices Act (FCPA), government contract, and healthcare matters. Peter has three decades of experience working with multijurisdictional investigations, including matters involving allegations of bribery and corruption under the FCPA, the UK Bribery Act, and other anti-bribery laws.
The Beer Sectoral Group (BSG) of the Manufacturers Association of Nigeria (MAN), in partnership with the Federal Road Safety Corps (FRSC), has reiterated the dangers of drunk driving at the launch of the Annual “Don’t Drink & Drive” Campaign.
The two-day campaign began with a press conference on Tuesday, December 10, at Radisson Hotel Ikeja, and continued with park rallies on Wednesday, December 11.
Both events emphasized the importance of avoiding drunk driving, the consequences of impaired driving, and the critical need for responsible road habits to enhance safety across Nigeria.
Speaking at the press conference, Chairman, BSG and CEO Nigerian Breweries, Hans Essadi, commended FRSC for its dedication to road safety and pledged continued support for initiatives that reduce traffic accidents. He stated: “Each year, countless lives are lost to preventable accidents caused by impaired driving. This campaign is built on three pillars: education, enforcement, and encouraging responsible behavior by all road users.”
Essadi also announced the following day’s park rallies, during which campaign teams visited major motor parks in Lagos—Ojodu, Ojota, and Oshodi. At these locations, they engaged commercial drivers in discussions on the risks of impaired driving, distributed educational materials, and offered voluntary breathalyzer tests.
FRSC Lagos Sector Commander Kehinde G. Hamzat emphasized the importance of defensive driving and passengers’ rights to challenge reckless drivers. He also highlighted FRSC’s new app, which alerts users to speed limits, dangerous roads, and potholes.
The press briefing attracted a diverse group of stakeholders, including executives from BSG, senior FRSC officials, and road safety advocates. Speakers highlighted the campaign’s objectives, shared success stories from previous editions, and renewed their commitment to reducing road accidents caused by impaired driving.
The park rallies saw impactful interactions with drivers and park officials, with many participants pledging to adopt safer driving habits. The campaign reinforced the message of accountability and safety through practical demonstrations and community engagement.
The 2024 “Don’t Drink & Drive” Campaign exemplifies the effectiveness of partnerships in addressing critical societal issues. BSG and FRSC reaffirm their shared commitment to reducing alcohol-related crashes and ensuring safer roads for all Nigerians.
As part of continued commitment to support its Small and Medium Enterprises (SMEs) customers, AXA Mansard Insurance Plc has planned to offer some selected Micro Small and Medium Scale Enterprise (MSME) customer’s free exhibition stands at the Made by Nigerians Fair.
The company has been paying particular attention to MSMEs because of their significance to the economy.
Earlier, the company has offered different media exposure opportunities to its MSME customers, giving them the platform to introduce their products and services to a wide range of customers for free.
According to the Head, Marketing, AXA Mansard Insurance Plc, Olusesan Ogunyooye, said this is another gesture by the company to show that MSMEs can benefit for having insurance.
He explained that MSMEs are the backbone of any economy, noting that they drive innovation, create jobs, and contribute significantly to national development.
“Our support for these businesses at the MBN Fair reflects commitment to their growth and sustainability.
“We are passionate about helping them reach their full potential by connecting them with resources and opportunities that foster success”.
“By the very nature of insurance, its benefits are in the future and they are uncertain. That has been a main source of discouragement, particularly to MSMEs. Businesses are geared to making money. So, when thinking about Insurance, an average MSME will rather invest the money in the growth of his business first”.
But the risks that businesses face are also real. There are various types of risks businesses have to contend with today. From burglary, to fire, health of employees, and so on. When these risks manifest, they can significantly impact a business negatively. We understand that to get MSMEs to protect themselves and the millions of jobs they create, we must help them strike a balance between growing their businesses and protecting them”.
So, we have come up with different Initiatives to help them grow their businesses. The opportunity to exhibit their products and services to thousands of visitors to the MBN Fair is another in the series of our initiatives.
“We are convinced that for insurance to grow, we need to help people and businesses see it as a strategic lever to grow their businesses, not a cost that takes away from them. If we get this right, it can’t have a massive impact on our economy because, when MSMEs thrive, the economy will prosper”.
“We have experimented with this model, and we are particularly excited about the responses from our customers. It is a call for us to do more, and we are committed to Nigerian MSMEs”, Ogunyooye explained.
AXA Mansard has been recognised for its various MSME Initiatives. The organization has been recognised by Nairametrics as Best MSME Insurance Company of the Year, and Marketing Edge Magazine as Inclusive Insurance Brand of the Year.
… Crashes Recurrent further to 14% at N133.1bn
… Capital Expenditure rises to N837.9bn
… Again, Education gets over 33% of budget
… Ramps up IGR from N37.4bn to N144.7bn in 2024
…Assembly promises early passage
Governor of Enugu State, Dr. Peter Mbah, has proposed a record N971bn budget bill for the 2025 fiscal year to the Enugu State House of Assembly.
Presenting the estimates entitled “Budget of Exponential Growth and Inclusive Prosperity” at the floor of the House on Tuesday, Mbah said the proposed estimates comprised N837.9bn Capital Expenditure, representing 86 per cent of the budget estimates, and a Recurrent Expenditure component of N133.1bn, representing only14 per cent of the budget.
This topples the record-holding 2024 budget of N521.5bn, consisting of N414.3bn Capital Expenditure, representing 79 per cent of the total budget and N107.2bn Recurrent Expenditure, representing about 21 per cent.
However, like the 2024 budget, the 2025 budget proposal emphasizes huge investment in education as well as basic but critical infrastructure and amenities like roads and bridges, water supply, transport services, energy, modernization and digitization of public services and associated processes, with the Education sector getting a lion-share of N320.6bn, representing over 33 per cent of the total budget for two consecutive years.
Mbah said that this was in line with his administration target of poverty eradication and an inclusive development model, which ensures that no one or segment of the society is left behind.
The governor equally announced a growth in the state’s Internally Generated Revenue, IGR, from N37.4bn at the end of 2023 to N144.7bn in September 2024, representing a radical 286.2 per cent increase in line with the administration’s deliberate effort to wean the state off reliance on FAAC allocations.
Addressing the House, Mbah said, “In crafting this budget, we have sort to continue to lay the right foundation in Enugu to enhance the economy and attract even more private investment.
“In spite of the dreary economic environment across the country, for us here in Enugu, we have elected to remain bullish in our aspirations, and to double down on our commitment to elevate our state to top three status in terms of GDP nationally, and eradicate poverty from our midst.
“Indeed, we see this as a vindication of our previously espoused view that sustainable national growth can really only be driven from the sub-national units to the federal levels, and not the other way round as we have attempted to do to date.
“It is on account of this that we are proposing to the House of Assembly today, a budget with a total envelope of N971,084,000,000.00 as against the budget for 2024 fiscal year which totaled N521,561,386,000.00.
“This represents an 86.4 per cent increase from the 2024 revised budget.
“The budget is broken down as follows: N133,140,000,000.00 as Recurrent Expenditure and N837,944,000,000.00 as Capital Expenditure,” he said.
On sources of revenue, he said, “In the area of our revenues, we estimated that total Recurrent revenues during 2025 will amount to N692,179,000,000 as against the approved revised provision for 2024 of N383,789,000,000.00.
“The Recurrent revenues for 2025 are broken down as follows: opening balance – N32,000,000,000; Internally Generated Revenue, IGR – N509,947,000,000; statutory revenue – N48,749,000,000; exchange rate differential – N26,559,000,000; and Value Added Tax, VAT – N74,924,000,000.
“With the total Recurrent Expenditure at N133,140,000,000.00, this translates to a Net Recurrent Revenue of N559,039,000,000.00, which is thus transferred to the Capital Development Fund.
“The total Capital Expenditure for the year 2025 is projected at N837,944,000,000.00 as against N414,334,120,000.00 for the 2024 Revised Budget. The Current Capital Expenditure estimate will be funded from the sum of N559,039,000,000.00 to be transferred from the Consolidated Revenue Fund, and the Capital receipts of N278,905,000,000.00 to be realized as follows: External and Internal Aids and Grants – N15,000,000,000; other receipts – N80,202,000,000; Domestic Loans/Borrowings receipts – N55,000,000,000; and International Loans/Borrowings – N128,503,000,000.”
Meanwhile, in terms of broad sectors, the Economic Sector got a lion share of N462bn, representing 55.1 per cent of the Capital Expenditure, followed by the Social Sector with N345.7bn, representing 41.2 per cent.
In terms of specific sectors, Education got 33.2 per cent, the largest chunk, in sync with Mbah’s effort to eradicate poverty and graduate the state to a knowledge-based economy.
“As we must all know by now, Education is both our ‘sword’ and ‘shield’ in this battle to achieve economic growth in our state and banish poverty and want among our population. Consequently, we are maintaining the ambitious direction we charted in 2024 by voting a total of N320,609,059,000,00 for that sector. This represents 78% of the social sector of the budget and 33.2% of our Capital Expenditure this year,” he stated.
The governor explained that the 2025 budget would also focus greatly on health, road infrastructure, transport, agriculture, and water sectors, among others.
“There can be no economic growth without quality healthcare. This is why we are spending N45,830,896,000.00 on the sector this year.
“In the area of Works and Infrastructure, we will continue our relentless advance towards our target to build or refurbish all key roads across the state by 2031. In line with this, we will spend a total of N213,120,267,000.00 in 2025.
“Food inflation is a major component of core inflation in Nigeria. Consequently, food production is critical to moderation of the currently high levels of inflation in the Country. As a result, we will be spending up to N82,300,761,000.00 in the agricultural and agro-industrialisation sector this year.
In the area of Transport, we will be spending a total of N41,132,463,000.00 to expand Enugu Air with the acquisition of 4 additional aircraft. In addition, we will be consummating the concessioning of the Akanu Ibiam international airport as well as the construction of an international cargo terminal. We will also be floating a new taxi scheme in collaboration with the private sector to modernize urban and inter-urban transportation for Ndi Enugu.
2024 Budget Performance
Giving a breakdown of the state’s IGR and overall performance of the 2024 budget, the governor noted a remarkable increase in the state’s IGR since the inception of this administration, explaining that while the state’s IGR stood at N26.8bn in 2022, the administration it by 39 per cent to N37.4bn at the end of 2023.
However, as at September 2024, the state’s IGR had drastically increased to ₦144.7bn, representing a 286.2 per cent increase, expressing confidence that ti would surpass 200billion by the end of the year.
“In terms of budgetary performance, the total revenue realised in the state as at October 2024 came to N459,851,309,396.47, which comes to a budget performance of 88%. Of this amount, N178,354,494,502.47 related to Statutory Receipts, while N136,700,000,000.00 related to Capital Receipts and N144,796,814,894.00 to Internally Generated Revenue.
“As at October, these inflows had been applied to Expenditure with N382,427,929,564.00 as Capital Expenditure and N76,546,090,116.18 as Recurrent Expenditure. These translated to a budget performance of 88%. Additional revenues and Expenditure are still expected before the end of the year, with IGR envisaged to surpass the N200 billion mark.
“While we may make bold to say that our progress in this past year is commendable given the odds that were arraigned against the state economy, we are not yet ready to rest on our oars,” Mbah said.
Meanwhile, the Speaker of the State Assembly, Hon. Uchenna Ugwu, has promised early passage of the budget by the House to sustain the governor’s development strides.
“He exhibited his leadership mantra, tomorrow is here.
“Because you have demonstrated enormous capacity; because you have exhibited enormous potential of the very fabric of our state’s economy, I want to assure you that the House of Assembly shall expeditiously consider this and give you the legal framework to continue flying high,” Hon. Ugwu stated.
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