Artikel: Internal Investigations – an Overview
/Corporate internal investigations have become big business; they often generate large fees for lawyers and other professionals who conduct them, and they have become important fixtures in the criminal investigative practices in a number of countries. Much has been written about them. Most of that discussion has focused on the challenging practicalities of running a large investigation, sometimes in the context of local procedures and practices; or on recent judicial and legislative developments, or changes in prosecutorial policy, that affect them. The purpose here is to take a broader look at corporate internal investigations, and to ask some basic questions: What are the goals and legal parameters of a given investigation? How will its fruits be used? And most importantly, do these parameters vary from country to country in ways that may affect cross-border criminal matters? This review will show that engagements often lumped together as ‘internal investigations’ may have quite different dynamics, and that confusion among them can lead to difficulties. And it will further show that the way corporate investigations are conducted and evaluated can vary tremendously from country to country, complicating strategy in multi-jurisdictional criminal matters.
The article will begin by describing three somewhat loose, and sometimes overlapping, different types of internal investigations, and then lists a set of variables or criteria to apply to each type in an effort to differentiate them. It will then discuss each of the three category sets in the context of those criteria. It will conclude by listing some ‘international variables,’ areas where critical dynamics may be quite different from country to country.
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Internal Investigations – an Overview door Frederick T. Davis in Tijdschrift voor Sanctierecht & Onderneming
