Miami Corporate Investigations Attorneys
Miami Corporate Investigations Team Lead
Former Deputy Chief, Appellate Division
2250 Southwest 3rd Ave, 4th Floor
Miami, FL 33129
Fraud and negative results of federal allegations can have damaging consequences on your business. Let Oberheiden P.C. help you prevent and fight them by conducting thorough internal investigations.
No matter the size of your company, you’re prone to different legal risks every day. Some employees may try to defraud you, and even though you have been lawful in your business operations, federal authorities may launch investigations against you for a variety of reasons. If you’re not careful, things can go terribly wrong and lead to severe losses. That’s why you should employ quick action to ensure any matter is resolved as fast as possible, and you can only do this by conducting comprehensive corporate investigations. They can provide insights into what exactly you’re facing, its degree, and the right strategies to resolve the issue.
We at Oberheiden P.C. have several offices in Miami, Florida, and we represent businesses in internal corporate investigations no matter their location throughout the country. Our team is made up of seasoned lawyers and consultants ready to give your case immediate attention. We have handled a lot of proceedings concerning civil, criminal, and federal administrative law, and we can utilize that experience in your situation. In addition to helping companies conduct corporate internal investigations, we can also represent them if they’re being investigated and prosecuted by federal authorities.
Even though many of our clients contact us when they detect a potentially damaging issue, we also offer emergency services to cater to unexpected occurrences. Without notice, the FBI or another federal agency may launch investigations against you. Other unforeseen situations such as data breaches and IP thefts can also happen. During these situations, emergency representation services are vital to prevent the problem from growing into a bigger costlier issue, and that’s where we can help here at Oberheiden P.C. We can investigate the matter quickly to get the required information and develop a tailored response depending on the specific circumstances. However, we encourage you to contact our Miami corporate investigations lawyers promptly for better effectiveness in getting you out of the crisis.
Determine Whether Your Company Requires Corporate Internal Investigations
While we have mentioned two or three examples, there is a wide range of situations that may necessitate corporate internal investigations. Here at Oberheiden P.C., we have senior federal criminal defense attorneys and consultants who can handle all internal investigation types. Whether you suspect fraudulent actions targeted at your business or your company is the target of an audit by federal authorities, we can help you. Here are some of the corporate investigation issues we can handle.
- Bribery and other types of fraud conducted by board members and company executives
- Fraud involving government contracts
- Fraud involving government benefit programs
- Self-disclosure, self-reporting, and accounting matters
- Disputes and claims concerning shareholders
- Intellectual property theft and thefts involving other vital assets
- Cybersecurity threats and data security breaches
- Discrimination claims by employees
- Whistleblower claims
- Federal regulatory and statutory compliance violations
The Process of Corporate Internal Investigations – What to Expect
The process of conducting internal investigations is different from other legal issues. Company executives, as well as the in-house legal team, must work with investigative professionals. The process should also be well-structured and managed properly to ensure it delivers the efficiency needed, any mistakes are avoided, and the attorney-client privilege is preserved. Here are the investigation services our team of attorneys and federal consultants can provide in Miami and nationwide.
1. A Comprehensive Evaluation to Determine the Investigation’s Scope
The first and most crucial step in our approach is always evaluating your situation comprehensively. Our Miami corporate investigations lawyers conduct preliminary investigations to determine the kind of problem you’re facing as a company and the required level of investigation. While some issues are evident, some are not, and that’s why this preliminary assessment is crucial. It’s also critical to help avoid naming people who may be involved in the wrongdoing as part of the investigative team.
2. The Formation of the Investigative Team
After determining the scope of the investigation, we proceed to the next part of the process which is forming the investigative team. Even though external attorneys and consultants are the principal persons in the team, some internal personnel also need inclusion for better access to any information required.
Several things happen during the team assembly. First, every individual is appointed to specific duties. Second, protocols are established on how reporting will take place in the course of the investigation. Third, the team members undergo training on how they’ll conduct themselves during the investigation and after completing it.
3. Evaluation of Both Electronic and Hardcopy Company Records
Data is vital to any investigative process; it forms the basis for the creation of various response actions. This is where the evaluation of company records comes into play. The team collects and thoroughly reviews any document that may be relevant to the matter without any exemptions. The records to be assessed are determined by the investigation’s scope.
Since we have conducted a lot of corporate internal investigations in the past, we can swiftly determine the relevant records that need assessment and quickly evaluate them. Please note that our team employs thoroughness in every situation; we don’t overlook any concern no matter how small. Our Miami corporate investigations lawyers understand ignoring any issue can lead to ineffectiveness and lost time.
4. Employee Interviews
As part of collecting the required information, employee interviews are also essential in addition to reviewing company records. However, proper care is needed to avoid exposing any details concerning the investigative process. Whether an employee is being accused of involvement in the matter or is a witness, care is important to avoid questions from other employees. Caution during this part of the process also ensures potentially damaging information isn’t disclosed, and thus, it doesn’t negatively impact subsequent proceedings or litigation.
5. Ensuring the Attorney-Client Privilege is Preserved
While conducting the investigations, maintaining the attorney-client privilege throughout is critical. If the investigative team isn’t careful with this issue, vital information may leak. And if the company is at risk of being held liable, any leaked information can have devastating consequences. When you hire Oberheiden P.C., the attorney-client privilege is a matter you won’t be worried about. We play our part to preserve it and ensure no vital information becomes discoverable.
6. Reporting Our Results and Recommending Suitable Actions
We know how important is it for you to stay informed about the progress of our investigation, and that’s precisely what we do here at Oberheiden P.C. We maintain close communication with our clients to let them know about any new findings and how the investigation is progressing.
Depending on what we find, we recommend practical and actionable steps on how to proceed. Different situations are unique, and based on your specific one, we can recommend pursuing the matter in court, preparing to defend against the claim, self-disclosure, preparing to fight the accusations, or taking measures to update the business compliance program.
Based also on the circumstances involved, another recommendation by our senior attorneys and consultants can be maintaining the status quo. Note that the corporate investigation isn’t geared toward attaining a particular outcome; it aims to determine the most suitable steps to take based on the findings.
7. Responding to the Matter Suitably
If necessary, we can represent you when it comes to implementing the appropriate action, and our Miami corporate investigations attorneys and consultants are always ready to represent you in all situations concerning federal defense and litigation. Throughout the country, we also have a network of lawyers and consultants ready to handle cases in various federal jurisdictions. We can file a motion for emergency relief or fight in federal district court to defend you against civil accusations. And if you’re being investigated, audited, or prosecuted by agencies such as the FBI, DOJ, and others, our experience in handling such cases in the past can come in handy to help resolve your situation effectively.
Q&A with Miami Corporate Investigations Attorney Nick Oberheiden, PhD
Q: When should I initiate a corporate internal investigation?
A: This is a crucial question, but one which doesn’t have a specific answer. However, asking yourself whether it’s the right time to conduct an internal investigation in your company can most likely mean you need one. You can determine how thorough and comprehensive your investigation will be, but don’t make assumptions. If you detect anything, investigate to determine what exactly the company is facing and how you should resolve it.
To learn more, here are examples of potential real-life scenarios of corporate investigations.
Q: Should my corporate investigation be open from the beginning or covert?
The specific circumstances determine whether a corporate internal investigation should be transparent or covert. Even though openness may seem like the best decision in some cases, you should go that route after determining all the potential legal risks you’ll be exposed to. Depending on the specific matter at hand and various reasons, doing everything covertly may be the best decision, and our team here at Oberheiden P.C. has the necessary experience to confidentially and discreetly handle sensitive issues.
To learn more, here are factors to consider to determine whether an investigation should be covert.
Q: Can my in-house team of lawyers handle the investigation, or should I hire an external team?
Letting an outside team of lawyers and consultants handle the investigations is crucial for a wide range of reasons: better preservation of the attorney-client privilege, experience in handling such matters, better resources to manage the investigation, and many others. If your business risks liability, it needs a skilled team of experts who know the right steps to take to protect your company. We have the experience and knowledge here at Oberheiden P.C., and we can employ these skills in your situation for a better outcome.
For more information, read this article that evaluates whether you should investigate the matter internally or hire external counsel.
Oberheiden P.C. – Contact Us to Talk to a Miami Corporate Investigations Lawyer
If you would like to speak to an attorney concerning a matter that requires corporate investigations, contact us today. Our Miami corporate investigations attorneys and consultants are available 24/7 to handle your questions or concerns, whether you’re a potential or one of our current clients. Call us at 305-928-8505 or provide us with your contact info online, and one of our senior attorneys contact you.
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