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Internal Investigations 101: Different Approaches to Interviewing Targets/Suspects, Part IV

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 continue our discussion on several methods to approach an investigation target. The next method is the “reasoning” approach. As outlined in an online article, “Private Investigation: Interrogation Approaches and Tactics”, an investigator uses this approach by informing the target/suspect that his or her “proof of guilt has been or will soon be established” and, therefore, “the only sensible option is to confess, and a failure to cooperate is not in the suspect’s best interest”. Thereafter, the investigator responds to the target/accuser’s denials with “refuting logic and facts” and references “proof of guilt reflected in witness statements, photographs, documents, and similar materials” and instances when the target/suspect provided false or misleading testimony. An investigator can also highlight “indicators of guilt”, including “sweating, twitching, crossed arms, dry tongue, eye-avoidance, and withdrawal”, for the target/accuser’s consideration. Buckner attorneys have used a modified version of this approach in numerous investigation interviews-which produced useful testimony.

Source: “Private Investigation: Interrogation Approaches and Tactics”, Learning Shop USA, available at: http://learningshopusa.com/private-investigation-interrogation-approaches-and-tactics-2.

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

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About Michael L. Buckner, Esquire

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

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