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Forensic Services in Banking, Capital Markets and Finance

Banking litigation is decided more and more on technical evidence: the signature on the contract, the onboarding selfie, the access to the account, the path of the Pix transfer. Forensic examination turns those doubts into verifiable facts.

The lawyer's question

The questions that come first

Each question has its own examination. For the bank, the fintech, the customer or the merchant, the technical answer is the same.

Where forensics comes in

Typical situations

Handwriting

Loan with a disputed signature

The customer denies signing the contract or the payroll-deducted loan. Comparison with genuine specimens from the same period shows whether it came from the account holder's hand.

Digital contracting

CCB and digital onboarding

The CCB (Cédula de Crédito Bancário, the bank credit note) is the instrument that formalises the loan, today increasingly signed on a phone. The evidence lies in the selfie, the biometrics, the device, the IP address and the audit trail. The examination checks whether that set points to the customer.

Credit

Those who sign and later allege fraud

The customer signs the contract, receives the funds in their own account and later alleges a scam. In most cases the recipient is involved, but there are exceptions. Examining before enforcing avoids suing someone who was also a victim and later answering for moral damages.

Electronic fraud

Pix fraud and money-mule accounts

Intrusion, account takeover, an employee helping from inside, money scattered across money-mule accounts. The examination reconstructs the access and follows the money, for the MED (Pix's special refund mechanism), subscriber data disclosure and actions against the receiving institutions.

Finance

Receivables, trade bills and receipts

Receivables backed by false documents, POS receipts (the card terminal slip) printed to charge for a sale that never happened, recordings used to authorise the advance of receivables.

Regulatory

Banco Central and CVM

Sanctioning proceedings with digital evidence, incidents the institution must explain, insider trading proven through communications and traces on corporate devices. The examination gives technical support to the filings and reports the institution submits to the Banco Central do Brasil (BACEN) and the CVM, the Brazilian securities regulator.

Units involved

The examinations

Case work

Situations like yours have been through this laboratory

REAL CASE · ANONYMISED

The merchant's voice belonged to the employee

A merchant sued a card acquirer that had been charging him, for more than a year, a high fee for the advance of receivables. The authorisation was in a recording: an employee of the acquirer said he was at the shop and handed the call to the "merchant", who accepted the fee.

Compared with the specimen collected from the merchant, the voice was not his. And it resembled that of the employee who was on site.

The examination concluded that the employee himself simulated the merchant's voice to approve the advance, possibly to meet targets.

REAL CASE · ANONYMISED

Money-mule accounts and the receiving institutions

A multimillion fraud against a financial institution was scattered across thousands of money-mule accounts. The analysis separated mules paid on commission, decoy accounts and accounts opened improperly. The expert report allowed funds to be recovered through the MED and grounded civil actions against the receiving institutions, to identify the account holders.

Frequently asked questions
The customer denies the signature on the banking contract. Who has to prove it?
The institution. In Repetitive Theme 1061, the STJ, Brazil's Superior Court of Justice, held that when the consumer disputes the signature on a banking contract filed by the financial institution, it is for the institution to prove authenticity (CPC, the Brazilian Code of Civil Procedure, arts. 6º, 369 and 429, II). Forensic examination is the path to that proof.
What is a CCB, and what does the examination look at in it?
It is the credit instrument issued in favour of a financial institution, representing the promise to pay a credit transaction (Lei nº 10.931/2004, the Brazilian statute on bank credit notes, art. 26). It may be issued in book-entry form, in an electronic system (art. 27-A), and it is an extrajudicial enforcement instrument (art. 28): the dispute usually arises at the enforcement stage. The examination looks at the signature and the traces of the contracting.
Does the onboarding selfie prove it was the customer?
It proves that the platform's process was followed, not necessarily who was in front of the camera. The examination checks whether the selfie, the device, the IP address and the customer's history tell the same story.
Does the examination calculate interest, outstanding balance or loss?
No. Calculations remain with a partner forensic accountant. The examination answers who signed, who accessed and where the money went.

See also

Financial Fraud and Payment Systems Forensics →   Forensic Handwriting and Questioned Document Examination →   Electronic Signatures and Digital Contracts →   Fingerprint Examination →   Forensic Phonetics and Voice Examination →

Before the pleading, the technical reading of the case

Confidential initial consultation: what the available evidence supports, what still needs to be preserved and which examination the case calls for.

Confidential consultation

The technical evidence your case requires. The authority courts respect.

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