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1. Parties: Identification of all parties involved, including the wronged party, the party accused of fraud, and any relevant third parties
2. Background: Detailed description of the circumstances leading to the fraud allegations, including dates, amounts, and nature of fraudulent activities
3. Definitions: Definitions of key terms used throughout the agreement, including specific fraudulent acts, settlement terms, and legal concepts
4. Acknowledgment of Liability: Clear statement of admission or denial of liability by the accused party, without prejudice if applicable
5. Settlement Terms: Detailed description of the settlement amount, payment terms, timeline, and method of payment
6. Release and Discharge: Terms of release from liability upon fulfillment of settlement obligations
7. Confidentiality: Provisions regarding confidentiality of the settlement terms and related information
8. Breach and Remedies: Consequences of breaching the agreement and available remedies
9. Regulatory Compliance: Provisions ensuring compliance with relevant South African legislation
10. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendment procedures
1. Criminal Proceedings: Terms regarding any ongoing or potential criminal proceedings, to be included when criminal charges are contemplated or pending
2. Asset Recovery: Provisions for the recovery of specific assets or proceeds of fraud, included when specific assets need to be returned or transferred
3. Third Party Claims: Provisions dealing with potential claims by third parties, included when other parties might have related claims
4. Reporting Obligations: Specific requirements for reporting to regulatory authorities, included when the fraud involves reportable transactions
5. Non-Disparagement: Provisions preventing parties from making negative statements about each other, included when reputational concerns are significant
6. Cooperation Clause: Terms requiring cooperation in related investigations or proceedings, included when ongoing investigations exist
7. Insurance Claims: Provisions regarding insurance claims and recoveries, included when insurance coverage is involved
1. Schedule A - Payment Terms: Detailed payment schedule including amounts, dates, and payment methods
2. Schedule B - Statement of Facts: Detailed description of the fraudulent activities and related circumstances
3. Schedule C - Released Claims: Comprehensive list of claims being settled and released
4. Schedule D - Security Arrangements: Details of any security provided for settlement payments
5. Appendix 1 - Supporting Documents: List and copies of relevant supporting documents and evidence
6. Appendix 2 - Compliance Requirements: Specific regulatory compliance requirements and reporting obligations
Alleged Fraud
Business Day
Claim
Confidential Information
Effective Date
Financial Loss
Fraudulent Activities
Implementation Date
Losses
Material Breach
Parties
Payment Schedule
Recovery Amount
Related Persons
Release
Released Claims
Released Parties
Regulatory Authority
Relevant Period
Settlement Amount
Settlement Date
Settlement Payment
Settlement Terms
Signature Date
Supporting Documents
Third Party Claims
Wrongful Acts
Claimant
Defendant
Dispute
Prescribed Rate
Securities
Breach
Default
Encumbrance
Governing Law
Indemnity
Legal Proceedings
Notice
Representatives
Restitution
Suspicious Transaction
Transaction Documents
VAT
Warranties
Admission of Facts
Assignment
Breach
Confidentiality
Cooperation
Counterparts
Default
Dispute Resolution
Entire Agreement
Force Majeure
Further Assurance
Governing Law
Indemnification
Interpretation
Jurisdiction
Legal Costs
Non-Admission
Non-Disparagement
Notices
Payment Terms
Recordal
Recovery Rights
Release
Regulatory Compliance
Remedies
Representations and Warranties
Security
Severability
Settlement Terms
Signature
Survival
Tax Implications
Termination
Third Party Rights
Time of Essence
Variation
Waiver
Financial Services
Banking
Insurance
Professional Services
Retail
Manufacturing
Healthcare
Technology
Real Estate
Public Sector
Mining
Telecommunications
Education
Legal
Compliance
Risk Management
Internal Audit
Finance
Corporate Security
Fraud Investigation
Claims Management
Corporate Governance
Regulatory Affairs
Chief Executive Officer
Chief Financial Officer
Chief Legal Officer
Chief Risk Officer
Chief Compliance Officer
Legal Counsel
Fraud Investigation Manager
Risk Manager
Compliance Manager
Financial Controller
Internal Audit Manager
Corporate Security Manager
Claims Manager
Recovery Specialist
Forensic Accountant
Company Secretary
Director of Finance
Head of Legal
Settlement Officer
Litigation Manager
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