Conducting a well-designed internal investigation is a critical step in developing an effective response when a company or organization faces allegations of wrongdoing or improper internal conduct from employees, whistleblowers, clients, business partners, law enforcement, government agencies, or third parties. Our team of experienced corporate and white collar defense attorneys understand the importance of effective, discreet investigations.
As former prosecutors with years of experience representing clients in the private sector, the attorneys at Delahunty & Edelman LLP have extensive experience conducting complex investigations to help businesses with $1 million or more in revenue responding to allegations of insider trading, market manipulation, money laundering, Foreign Corrupt Practices Act violations, embezzlement, healthcare fraud, tax fraud, shareholder fraud, accounting fraud, improper employment practices, executive compensation issues, misconduct in procurement and award of contracts, and more.
We also help clients uncover wrongdoing against them within their organization, like theft of assets and other potential employee actions against the company.
Prior to commencing an internal investigation, business owners and leaders understandably experience many concerns about how to conduct a proper investigation, who to inform, and who is best equipped to handle the investigation. The uncertainty of what an investigation might uncover and how to deal with the findings creates stress and can be distracting to the core mission of the business.
Our team is highly experienced in facilitating and conducting internal investigations for companies in a wide range of industries. We counsel clients on whether an investigation is needed, if board members must be informed prior to the start of an investigation, who in the company should be privy to the details of the investigation, whether counsel should be present for employee interviews, and other common concerns. We also advise on some of the potential legal and financial risks of failing to conduct the investigation. Finally, depending on the nature of the concern, we will also advise on the path forward toward compliance and risk mitigation, if an issue is revealed.
Internal investigations are typically complex, multi-faceted, and unique to the company and issues at hand. Hiring outside counsel to consult on or conduct an internal investigation has many advantages including the value of expertise, neutral and unbiased findings and conclusions, and an increased appearance of a fairness and impartiality.
At Delahunty and Edelman LLP, our team of former federal prosecutors are highly skilled at conducting effective and efficient internal investigations for our clients. Our approach and involvement in an internal investigation may include:
Following an internal investigation, we counsel our clients on the best strategy to move forward with compliance, liability mitigation, and protection of reputational and financial interests. We also help our clients execute those strategies in an effective and cost-efficient manner.
Part of the counsel we provide through internal investigations may involve weighing the pros and cons of voluntary disclosure to authorities when applicable, as well as auditing, creating, and amending relevant corporate policies and disclosures to ensure future compliance.
When an investigation reveals wrongdoing or legal violations that require reporting to law enforcement or a government agency, Delahunty & Edelman LLP will counsel you through the side effects of disclosure, legal risks of non-disclosure, how to properly report the information, and strategies to mitigate your legal liability in the process.
When investigations reveal a lack of or ineffective internal company compliance policy, we will help you to identify these shortcomings and implement policies that remedy the issues.
At Delahunty & Edelman LLP, we understand the importance of being discreet when conducting an internal investigation, minimizing employee and third-party involvement and knowledge of the investigation, and keeping the matter outside of the public view. We focus on resolving these matters as efficiently as possible, while ensuring that knowledge of the investigation and its findings are communicated on a need to know basis.
With years of experience working in law enforcement and prosecuting white-collar crimes for the federal government, our attorneys are highly familiar with these concerns and equipped to handle internal investigations with as little impact to business operations and reputational concerns as possible.