It is becoming more prevalent that external solicitors are being instructed by corporations to conduct internal investigations. There is pressure for businesses and other institutions to conduct and bear the costs of an internal investigation.
Within both of these acts there are failure to prevent offences, namely Failure to Prevent Bribery and Failure to Prevent Facilitation of Tax Evasion. The need for an internal investigation may arise out of civil/commercial litigation which your company has been party to, political pressure, social media, whistleblowers or regulatory authorities who may have independently uncovered an issue. It is imperative to assess whether any issue which is uncovered has an obligation to notify any relevant authorities. This will, in turn, impact the way in which the internal investigation is conducted. Areas of consideration for self-reporting include but are not limited to the following:
An internal investigation could be used to help avoid an investigation by an external government agency; these may include the SFO, FCA, Trading Standards, Environment Agency, HSE, HMRC, amongst others. External investigations can be extremely disruptive to a business and its staff members. It can impact on the profitability of the company and potentially harm the reputation of the business.
Contact London +44 7700 158304 or Manchester +44 7700 164107. Alternatively you can email info@jeremygordon.co.uk
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