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:
Managing the Investigation. One of the most useful DOJ-identified best practices acknowledges “it is ‘reasonable’ to take ‘time and money’ into account to avoid investigations that cause undue delay highlights the importance of actively managing the internal investigation.” Thus, the organization’s “point of contact—the investigating board committee or in-house lawyer—should use project management techniques with the investigators: scope the project (reassess as needed); map out team responsibilities; use timelines and budgets; and schedule regular dialogue with DOJ to keep the investigation tailored and avoid the risks of under- or over-investigation.”
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.