Financial Crimes and Negligence

Rahman’s Chambers has strong team of professionals with expertise in analyzing, identifying and prosecuting and defending critical and complex financial crimes and loss & damages arising from negligence/recklessness involving corporations. Our dispute resolution department also handles cases arising from embezzlement and defamation. We advise on insider trading, market abuse, compliance, internal investigations, auditing, disciplinary matters, tax fraud and cybercrime. The Chambers and Partners 2023 Asia Pacific Guide ranked Rahman’s Chambers for  Dispute Resolution. Their editorial states: “Rahman’s Chambers houses a well-regarded litigation practice in Bangladesh “  They also added “‘One source states: ‘Their solution-based and customer-oriented approach is enormously helpful in reaching the best solution.’ Another client reports that the team is ‘very fast in taking the necessary steps.’”

Rahman’s Chambers has been ranked for Dispute Resolution for the second time, in addition to being consecutively ranked for three other Practice Areas.  

– Chambers & Partners,2023-2022

Mr. Mohammed Forrukh Rahman “has excellent and wide exposure in his profession, and is impressive in handling legal issues with aplomb,”

– Chambers & Partners, 2021

“Their response times are excellent and they make you feel generally very well informed.”

– Chambers & Partners, 2018

“The ‘very responsible, responsive and knowledgeable’ Mohammed Forrukh Rahman heads the firm..”

                    – Legal 500, 2018

“Rahman’s Chambers has strong contentious capabilities and has handled a number of insurance, fraud and international trade disputes”

                    – Legal 500, 2017

Mr. Rahman with Mr. Liu Shuang Chuan, CEO of How Are You Textiles Ltd in an event organised by Chambers in 2012.

Draming

Mr. Mohammed Forrukh Rahman, the head of the Chambers was involved in Drafting Money Laundering & Terrorist Finance Act 2005 & vetting Money Laundering Manual of Bangladesh Bank while he was a member of Legal Counsel, CBSP at Bangladesh Bank (Central Bank).

We have a total of one Advocate enrolled in the Appellate Division, seven Advocates enrolled in the High Court, and four Advocates enrolled in the District Court.

The following works completed by Chambers successfully:

CONTEMPT 

  • We have initiated contempt proceeding for non compliance of an order by a landowner involving deposit of rent to the bank.
  • We advised a Japanese client in response to an accusation of bribery involving a PPP based construction project.

INVESTIGATION

  • We have conducted an investigation and search against a renowned company with regard to pending criminal cases filed by the Department of Environment or any other relevant authority or person, fir the purpose of land grabbing

FINANCIAL CRIME

  • We have brought a criminal proceeding for a major Japanese construction company against a supplier for fraudulent misappropriation of payments for a supply of goods ordered for a construction project
  • We have successfully handled a proceeding under Foods Safety Act 2013 brought before special magistrate court by filing quashment proceedings before Hon‟ble High Court Division against KB Foods Ltd of Khan Bahadur Group.
  • Successfully handled criminal proceeding and assisted client in investigating, analyzing, identifying fraud involving fraudulent non-payment under LC and sales contract for a leading garments industry by bringing criminal proceeding which involves misappropriation, forgery, deception etc.
  • Successfully handled several criminal proceedings in magistrate and session court under Negotiable Instrument Act and Penal code involving cheque dishonor .
  • Successfully brought proceedings against Ex-employee for a Major Japanese Foreign Investor involving misappropriation, fraud, and forgery.
  • Successfully handled a money laundering case for the Central Bank.

NEGLIGENCE

  • We have acted on a Public Nuisance case involving howling, barking and creating noise by a German Shepherd and a Labrador in an apartment at Banani. The dogs are territorial by nature, huge in size; and have lots of energy and are not suitable for apartment living
  • We have handled a dispute for a renowned resort relating to the physical injury of a guest caused by the alleged negligence of our client. There were issues of contributory negligence and forceful use of the golf cart (buggy) which was supposed to used for the elderly and luggage. Due to the different contours and hilly terrain of the resort, the buggy was never recommended for traveling due to chances of loss of control. Early warning signs were given and also terms and conditions were added in the guest booking receipts.
  • We have advised client on gross medical negligence involving wrongful treatment causing personal injury and loss and damage under the Code of Medical Ethics (The Medical and Dental Council Act 1980) (misconduct); the Consumer Rights Act, 2009 (negligence) and the Penal Code, 1860 (criminal liability)
  • We have handled several litigation involving loss and damage involving ship and cargo cause by negligent operation of master, crew and stevedores etc.
  • We have handled labour case involving payment of compensation for death of garments worker in the factory arising from operation of machine and dealt with the issues of employer’s negligence.
  • We have advised client on issues involving personal injury and loss and damages to guest caused due to use of equipment in tourism industry.
  • We were involved in the Rana Plaza collapse case which was in fact a case for compensation for loss and damage for negligent construction and maintenance.

DEFAMATION

  • Successfully advised a Major Foreign Investor from India in the poultry sector over a number of libel issues.
  • Successfully defended a leading Financial Institution in Bangladesh over a libel claim filed in District Court.
  • Successfully handled a Defamation case against an Ex-employee of a Major German investor in the garments sector.

NEGOTIABLE INSTRUCMENT

  • We have assisted several clients by bringing proceeding of dishonour of cheques and successfully recovering the due amount and/or conviction. We have also defended several clients involving cheque dishonor cases.

Practice Guide – Dispute Resolution

Bangladesh is an emerging tiger in South East Asia as it has a skilled labor force and a strong collective desire to eliminate poverty. The country on its entirety is trying to improve its living standard and per capita income. Although significant commercial and business transaction is taking place, the activities which are classified as business crimes are also present. Legal supports are required to deal with local and international trade fraud, fraudulent misrepresentation by employees, fraudulent dishonor of cheque etc. Besides knowingly or unknowingly businessman is often exposed to financial crime for example for TAX evasion, violation of Foreign Exchange Regulation (FOREX), money laundering and terrorist finance etc., which require strong legal assistance. Due to technological advancement, the ability of hackers enters into any device accordingly such crimes involving misappropriation of money, data etc. known as cybercrime is also rapidly increasing and a special tribunal is also formed to deal with the complaining. On the other hand, cases relating to libel and slander under Penal Code are also not very uncommon in the corporate and commercial arena.

Proceedings 

We have formed a strong practice group composed of consultants, who have significant expertise in investigation of fraud. Through investigation is the key to the success of any fraud case. The standard of proof in criminal cases is very high and to meet that standard parties are required to have multiple source of evidence including documentary evidence, real evidence.

Criminal trial, tortious legal proceeding and defamation trial requires steady and continuous legal support for several years. Our dispute resolution department lawyers attend different court ranging from High court to district and magistrate court and tribunals on regular basis to take day to day procedural steps and conduct hearing. Our in-house support teams e.g., supreme court, district court and consultancy team maintains liaison with client, other professionals on issues involving drafting, investigation, document collection etc.

Appeal/revision arises out of order or judgement. Depending on the seriousness of the matter and parties involved, the parties who are at disadvantageous position tend to take all steps available under law. Our department and team effort along with help of branches at different geographical location help us to take step within short possible time.

Nonviolent Financial Crimes 

We acted for several companies in defending cheque dishonor cases in Magistrate Court, Session Court and High Court successfully. The Chamber has been dealing with this type of cases since very inception for Companies, Banks and Financial Institutions. Chamber has successfully obtained Judgment in favour of our Client in various occasions.

Cybercrime has emerged as a critical issue for all commercial organizations and for individuals. Modern forms of communication and data storage offer many advantages but also present challenges, exposing us to exploitation by those who seek to unlawfully acquire data or access to the technology to make illegal gain. To meet these challenges and threats, we have put together a team of experienced lawyers. Because of our crisis management background, we are able to advise our client on the best strategy to manage and resolve problems with the minimum disruption and impact on your business. The Chambers assist in the following ways:

  • Counsel clients on regulatory issues involving information technology, data security, and
  • Counsel clients on domestic and international privacy regulations, directives, and standards
  • Filing and defending cases filed in cyber tribunal located in Dhaka Judge Court and
  • Filing and defending cases filed in Cyber Appellate Tribunal.
  • Produce proof and assisting with electronic evidence.
  • Electronic signature Compliance

The Chamber is a one of the leading law firm in the area of LC related fraud. The Firm has a vast experience for acting for buyer, seller and LC opening and negotiating Bank with a high success rate. Besides we have developed significant expertise in dealing with employee related fraud and misappropriation.

The Chamber has been doing consultancy on money laundering since 2008 for Bangladesh Bank. The Chamber is one of the first law firms who have experience in handling the money laundering cases successfully for central bank. Moreover, Mr. Rahman, the head of the Chambers was involved in Drafting Money Laundering & Terrorist Finance Act 2005 & vetting Money Laundering Manual of Bangladesh Bank.

The Chambers gives regular and also defend them in court legal support to its clients who are exposed to financial crime related investigations or against whom legal proceedings are being launched.

The Chamber has been doing consultancy on money laundering since 2008 for Bangladesh Bank. The Chamber is one of the first law firms who have experience in handling the money laundering cases successfully for central bank. Moreover, Mr. Rahman, the head of the Chambers was involved in Drafting Money Laundering & Terrorist Finance Act 2005 & vetting Money Laundering Manual of Bangladesh Bank.

The Chambers gives regular and also defend them in court legal support to its clients who are exposed to financial crime related investigations or against whom legal proceedings are being launched.

The Chamber has been doing consultancy on money laundering since 2008 for Bangladesh Bank. The Chamber is one of the first law firms who have experience in handling the money laundering cases successfully for central bank. Moreover, Mr. Rahman, the head of the Chambers was involved in Drafting Money Laundering & Terrorist Finance Act 2005 & vetting Money Laundering Manual of Bangladesh Bank.

The Chambers gives regular and also defend them in court legal support to its clients who are exposed to financial crime related investigations or against whom legal proceedings are being launched.

Negligence

Negligence and breach of duty of care can take place in any industry. Success with prosecuting and defending cases involving professional negligence largely depends on legal system, activism of judiciary, civil and criminal procedural code, experienced and dedicated  team of lawyers and patient client. Due to huge number of cases handled by a single judge, bench reshuffling and transfer of judge etc the cases are often found slow moving but with dedicated team many time lapses issues can be resolved.

Finding negligence in the construction industry requires support of construction engineers. Our construction practice group plays the key role in the investigation process.

Related Resources - Library

We have a rich library with a mixture of printed and online legal databases. We have printed version of All England Commercial Cases, Indian Digest of  Supreme Court cases, Yearbook Commercial Arbitration of Wolter Kluwer and most law reports of Bangladesh. We subscribe to the online legal database Manuputra providing access to most reputed law reports. Read more

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