CORPORATE INTERNAL INVESTIGATIONS

CORPORATE INTERNAL INVESTIGATIONS: SAFEGUARDING YOUR BUSINESS

In today’s complex regulatory environment, allegations of misconduct or regulatory breaches can have serious consequences for businesses. At Gherson, we provide discreet and effective corporate internal investigations to help organisations identify, address and resolve potential issues whilst safeguarding their reputation and interests.

Our experienced team offers tailored solutions, ensuring that investigations are conducted efficiently and in compliance with relevant legal obligations.

WHY CONDUCT AN INTERNAL INVESTIGATION?

Internal investigations play a critical role in identifying and addressing potential risks within an organisation. While not all issues require external counsel to be instructed, best practice dictates that for more serious issues, an independent investigation led by experts who are outside of the company chain of command is necessary.

Common triggers for an investigation include:

• Issues identified during an internal or external audit
• Post-acquisition consolidation measures
• Whistleblower complaints, including allegations of fraud, bribery, corruption, money laundering or sanctions violations.
• Employee misconduct or breaches of company policies.
• Concerns regarding financial irregularities, ESG concerns or data breaches.
• Allegations in the press regarding third party business partners or other relevant suppliers.

A well-executed internal investigation can:

• Swiftly identify and remediate wrongdoing.
• Mitigate potential legal and financial risks.
• Demonstrate a proactive approach to compliance.
• Strengthen internal controls and governance frameworks.

OUR CORPORATE INTERNAL INVESTIGATION SERVICES

We assist organisations with all aspects of internal investigations, including:

1. Initial evaluation of the issue
   • Evaluating the issue to determine if it should be reviewed internally or externally and identify at what point additional expertise may need to be brought in.
2. Planning and Strategy Development
   • Defining the scope and objectives of the investigation.
   • Establishing protocols to ensure legal privilege is maximised, confidentiality is maintained and compliance with legal norms and best practice are observed.
3. Investigative Processes
   • Securing and reviewing documents, emails and financial records to uncover evidence in a forensically sound way.
   • Conducting investigative interviews with employees and key stakeholders.
   • Leveraging digital forensic tools for complex investigations.
4. Legal Advice and Regulatory Guidance
   • Ensuring compliance with relevant laws and regulations during the investigation.
   • Advising on strategy and potential reporting obligations to regulators or law enforcement.
5. Reporting and Remediation
   • Providing confidential detailed reports outlining factual and legal findings.
   • Advising on remedial actions to address issues identified and to prevent recurrence.
6. Crisis Management
   • Guiding management through complex legal, reputational and corporate governance crisis.
   • Minimising reputational damage during sensitive investigations.
   • Managing communications with stakeholders, regulators and the media.
   • Ensuring business continuity and control.

WHY CHOOSE GHERSON?

• Expertise: Our team has extensive experience in handling small internal investigations up to and including multi-jurisdictional and multi-agency cases.
• Discretion and Sensitivity: We conduct investigations with the utmost confidentiality to protect your organisation’s reputation. Many of the matters we have handled do not appear in the public domain as we were able to assist companies to deal with the issues discretely.
• Proactive Compliance Support: We provide actionable recommendations to strengthen internal controls and prevent future issues.
• Strategic Defence Capability: Should circumstances require, our expertise in corporate crime defence ensures strategic resolution of even the most complex cases to achieve the best outcomes for our clients. This could be by way of a “self report” and negotiated settlement or ultimately the defence of a prosecution.

WHEN TO SEEK LEGAL ADVICE

It is essential to seek legal advice as soon as concerns of serious misconduct arise within your organisation. Early intervention allows us to:

• Help you to evaluate the most appropriate strategic response.
• Ensure the business remains in control of the investigation.
• Ensure the correct preservation of evidence to avoid future criticism or the unwitting commission of further offenses.
• Protect privileged information meaning it cannot be seized by authorities.
• Advise on any reporting obligations which may impact your business
• Guide the business on how best to respond to regulatory or other inquiries.
• Implement immediate measures to contain ongoing risks.

EXPERTISE

• Conducting a multi-jurisdictional investigation into allegations of bribery at a global manufacturing company, resulting in enhanced compliance measures and avoidance of prosecution.
• Advising a financial institution on an internal review of anti-money laundering processes following a whistleblower complaint.
• Investigating employee misconduct at a UK-based organisation, ensuring a resolution that aligned with regulatory obligations and company policy.
• Representing Airbus SE[1] in its multi-jurisdictional investigation leading to a global resolution with the French Parquet Nationale Financier, UK Serious Fraud Office, US Department of Justice and US Department of State.

CONTACT US

If your organisation requires support with internal investigations, contact Gherson today. Our expert team will provide strategic advice and effective solutions to safeguard your business and its reputation.

[1] Work undertaken at a previous firm