Need to conduct an important internal investigation? Are whistleblower protection issues involved under the Sarbanes Oxley Act, the False Claims Act, the Dodd-Frank Wall Street Reform and Consumer Protection Act or other federal statutes? Is a high ranking officer or corporate officer implicated?
If the stakes are high, it is important to consider a independent investigator. Existing relationships with accountants and attorneys may not be truly independent. There is a subtle pressure on current advisors to not upset long-term relationships by giving bad news. It is also hard to point the finger at one of the people who hired you.
There are times when internal investigations must be done by a professional and be kept confidential. Only an attorney can provide the protection of the attorney-client privilege. An attorney who is a Certified Fraud Examiner and Certified Controls Specialist offers an additional dimension of professionalism and privacy.
‘Finally, I would suggest that the company consider conducting an independent internal investigation — and I stress the term ‘independent,’ in definition as well as spirit.” – From speech by Cynthia A. Glassman, Commissioner, U.S. Securities and Exchange Commission, London, England, March 2, 2005.
We follow industry standard investigatory procedures for internal investigations including questioning witnesses, taking statements, confessions, and providing an investigative report.