An internal investigation is an important mechanism an organization can use to address an allegation of wrongdoing, determine legal liability, identify individuals or parties with culpability, comply with regulatory requirements, develop corrective measures and enhance operational efficiencies. Buckner is pleased to continue its blog series highlighting best practices, strategies and techniques that can be used by organizational leaders and counsel during an internal investigation. Today’s post will highlight investigation insights from United States Department of Justice (“DOJ”) officials made in speeches and comments, which were summarized by Eugene Illovsky in a post on the Harvard Law School Forum on Corporate Governance and Financial Regulation website. Today’s DOJ-identified best practice, as well as all recommendations in this series, can be applied when designing an organization’s compliance program, as well as conducting internal investigations:
Cooperation. Organizations that cooperate with a government or private regulatory agency will benefit from information enabling it to “appropriately target”, or focus the scope of, an internal investigation. For example, the DOJ could “make clear” to organizations the agency’s “areas of interest” if the disclosure of information will not compromises the government’s investigation. Further, organizations cooperating with a government or private regulatory agency oftentimes engage in “open dialogue” between its legal counsel and government prosecutors or regulatory investigators—which can be used to demonstrate the organization’s commitment to cooperation.
Quotes are from Eugene Illovsky, “DOJ Provides “Best Practices” for Corporate Internal Investigations”, Harvard Law School Forum on Corporate Governance and Financial Regulation, available at: DOJ Provides “Best Practices” for Corporate Internal Investigations (brackets and other editorial devices were omitted from the quotes for easier reading).
Contact attorney Michael L. Buckner (+1-954-941-1844; firstname.lastname@example.org) for additional information on conducting internal investigations and intelligence-gathering.