Corporate Investigation & Internal Audit Law Firm

There are multiple benefits to engaging outside counsel to conduct an internal corporate investigation. For one, experience is critical, and you need to ensure that all aspects of the investigation are managed and overseen by corporate investigation attorneys who have extensive experience in similar types of matters. For another, engaging outside counsel ensures that the process and the outcome investigation will be protected by the attorney-client privilege.

Perhaps, but there are various reasons why this might not be your company’s best option. Among them, in addition to legal counsel, you will also need to engage the services of expert investigators. At Oberheiden, P.C., our team includes former senior agents with the FBI and other agencies, and these former agents offer key insights for strategically investigating allegations of corporate misconduct.

It depends, but what we can tell you is that engaging the right outside law firm can actually speed up the investigative process in many respects. When you engage our firm for your company’s investigation, our corporate investigation lawyers and investigators can be on the ground within 24 hours, and we can work on the investigation around the clock for as long as necessary. As a result of our experience handling corporate investigations, we can also handle the process much more efficiently than in-house lawyers who focus their practice in other areas (and who must continue to meet their day-to-day responsibilities).

When an internal corporate investigation is structured appropriately, all relevant records and communications are protected by the attorney-client privilege. This includes communications between all members of the investigation team and all reports and other documents generated during the investigation.

The answer to this question depends on the scope and nature of the investigation as well as who may be a potential witness and who may have been involved in the alleged misconduct. Generally speaking, however, the internal personnel who should be tapped to assist outside counsel include owners, executives, or board members; in-house counsel; and, relevant subject-matter experts such as senior IT personnel.

Conducting effective witness interviews can be one of the most challenging steps in an internal corporate investigation. At Oberheiden, P.C., we rely on our attorneys’ and former federal agents’ deep investigative experience to develop interview strategies based upon the particular facts and circumstances involved in each investigation we handle.

The biggest risk of deciding not to conduct an internal corporate investigation is that it leaves the company’s owners, executives, or board members in the dark. You won’t know if there are issues that need to be addressed, and you won’t know what federal authorities will find if they issue a subpoena in connection with a civil or criminal investigation.

If an internal corporate investigation reveals evidence of employee misconduct, typically this means that several steps will to be taken right away. Depending on the specific misconduct at issue, this could include: (i) disciplining the employee (or employees) involved, (ii) taking corrective action internally, (iii) updating the company’s policies and procedures, and/or (iv) self-disclosing the issue to the appropriate federal authorities.

Dealing with federal regulators when faced with evidence of corporate wrongdoing requires a tactful, strategic, and forward-thinking approach. Whether the wrongdoing triggers a self-disclosure obligation, federal authorities are already looking into your company’s business or recordkeeping practices, or there is a possibility that a federal investigation could soon follow, the company’s leadership team will need to make informed decisions and engage outside counsel to pursue a course of action that mitigates the risk of civil or criminal penalties.

One of the most-important responsive measures following an internal corporate investigation is taking appropriate steps to ensure that the issue doesn’t happen again. If you can show federal authorities that your company is taking the matter seriously, this can go a long way toward preventing formal enforcement action. On the other hand, if you allow the issue to persist, this can have the opposite effect. At Oberheiden, P.C., in addition to serving as corporate investigations and federal defense counsel, we provide corporate compliance representation as well.