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 offer questions that an investigator can include in an interview of the target of the investigation:
The target of the investigation is the individual who is alleged to have committed the violation, misconduct or illicit action. It is important for an investigator to obtain evidence that refutes and corroborates the allegation in order to conduct an objective and through investigation. Here are a few questions that can be included in an interview with the investigation target:
- Provide the target with a summary of the allegation (“It has been reported. . .”), then ask: “What is your response to the allegation?”
- If the target denies the allegation, then ask: “Do you know why the someone would lie [alternate: “provide a false allegation”]?”
- Request the target to provide his/her perspective regarding the alleged incident/event-at-issue.
- Request the target to provide any persons who witnessed or possess knowledge of the event.
- Request the target to identify and produce relevant physical evidence (e.g., documents, emails, notes)?
Contact attorney Michael L. Buckner (+1-954-941-1844; firstname.lastname@example.org) for additional information on conducting internal investigations and intelligence-gathering.