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Internal Investigations 101: Preservation of Evidence

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 discuss the preservation of evidence:

Physical evidence (e.g., documents, handwriting, fluids) is collected during an internal investigation. When an investigator takes control of physical evidence, it must be marked and entered into an evidence log. Further, if the evidence is subsequently transferred to experts or other third-parties for analysis, then its journey must be documented so the investigator can maintained and demonstrate the chain of custody (or evidence). Physical evidence must be stored in a secured environment (e.g., locker storage, closet). The facility or area must protect the physical evidence from unauthorized individuals, weather and other elements that may spoil it. Most importantly, the evidence must be kept in the same condition it was in when it was obtained by the investigator.

Contact attorney Michael L. Buckner (+1-954-941-1844; mbuckner@bucknersportslaw.com) for additional information on conducting internal investigations and intelligence-gathering.


About Michael L. Buckner, Esquire

An attorney who provides clients with internal investigation, civil litigation, estate planning and compliance services.


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