Investigations

Initial Considerations

At LMC, we have extensive experience of in-house investigation gained from Congressional, law enforcement, and corporate/banking employment and financial environments. Irrespective of the locus, certain questions are common:

• Is the government going to be a party?  

• What is the nature of the alleged activity? Negligent? Criminal? Unethical?  

• Is there pending or expected litigation? 

• Is there corporate or personal reputation at stake?

• What did management know or should have known of alleged misconduct?  

• Is there an international component or is it entirely domestic?  

Discussion of these and other issues will help in determining the scope of the investigation.  

Have a process in place

There should exist written procedures for conducting investigations. These procedures should include forms and templates for various aspects, such as witness interviews, reports, “Upjohn” warnings, and confidential communications. The goal is each and every investigation is handled in the same manner and pursuant to the same rules 

A written Investigation Plan is essential, setting out the basis, objectives, and the scope of the investigation.

Interviews and Recordings (CCTV, etc.)

Witness interviews, camera recordings, and email correspondence will form the foundation of the evidence, so are essential to the investigation. 

The Final Report

The last step, but practically the most important from the client's perspective, is preparing the final report.  It should summarize, but then detail all the evidence found, the probative value of the evidence, and, on a balance of the probabilities, the conclusion.  The witness interviews, email and other correspondence, records, and a summary of the evidence should all be exhibits to the final report.

If we can assist, please contact us at: skn.lmc.llc@gmail.com or, in Washington, call: (202) 595-5169.