Advantages and Disadvantages of Involving Law Enforcement

WordPress.comPage 1 of 3Wolf M. NietzerVon:FCPA Compliance and Ethics Blog [donotreply@wordpress.com]Gesendet: Donnerstag, 15. Dezember 2011 08:54An:Betreff:Wolf M. Nietzer[New post] Is There Room for Law Enforcement in a Workplace Investigation?New post on FCPA Compliance and Ethics BlogIs There Room for Law Enforcement in aWorkplace Investigation?by tfoxlawEd. Note-today we are pleased to host an articleby our colleague from north of the Border,Lindsey Walker of i-sight.com.on the line.When you want a workplace investigation doneright, you choose an investigator that has theknowledge and experience to deal with thespecific type of case under investigation. Thiscould be someone within your organization, anexternal investigator, or in some cases, lawenforcement. However, when an incident occursin the workplace, many companies jump the gunand involve law enforcement right away, withoutconsidering their options. Failure to select anappropriate investigator could put your companyAdvantages and Disadvantages of Involving LawEnforcementAt the ASIS International 2011 Seminar and Exhibits, James Whitaker, President, TheWhitaker Group, LLC and Ed Casey, CPP, Senior Director - Protective Services,Cincinnati Children's Hospital led a session called “Private Sector Investigations: When(and if) to Involve Law Enforcement”. Whitaker and Casey outlined some of theadvantages and disadvantages of getting law enforcement involved in workplaceinvestigations.Advantages include: The decision complies with company policy or law Law enforcement can provide additional resources Broader jurisdiction No additional cost Experience (this can be both an advantage and a disadvantage)Disadvantages include:Loss of control over the investigation15.12.2011

WordPress.comPage 2 of 3 Possible unwanted publicity Timing Business disruption ExperienceIt’s important to remember that once you get law enforcement involved in an investigation,you can’t go back. In some cases, you can use the fact that you aren’t getting lawenforcement involved as a source of leverage in an investigation – employee admits towrongdoing, you part ways, end of issue.Experience MattersDuring the presentation, Whitaker and Casey discussed the importance of experience andthe fact that the law enforcement agent assigned to your case may or may not haveexperience dealing with the type of incident under investigation. Involving law enforcementin an investigation is like Forrest Gump's box of chocolates: “You never know what you’regonna get.”Companies are liable for ensuring that investigations are conducted properly, whichmakes the investigator selection process very important. When selecting the bestinvestigator for the case, whether it’s an internal or external source, you need to take theirlevel of knowledge and experience into consideration. It’s also important to remember thatthe same person or group may not be the best investigator for every case. Each casevaries in complexity, so you need to make sure that the investigator has the skills to getthe job done.When to Get Law Enforcement InvolvedWhitaker and Casey suggest involving law enforcement if company policy or the law saysso, or if a serious criminal act has occurred. If the investigation involves armed robbery,assault, arson, significant theft or any other type of serious crime, notify law enforcement.In some organizations, it’s company policy to notify law enforcement when an incident isunder investigation. Whitaker and Casey recommend familiarizing yourself with local andstate requirements and contacting your legal department to find out what steps you shouldtake before getting law enforcement involved.Lindsey Walker can be reached at LWalker@customerexpressions.com.tfoxlaw | December 15, 2011 at 1:53 am | Tags: compliance programs | Categories: complianceprograms, Internal Investigations, Lindsey Walker | URL: http://wp.me/pGyyL-ISComment See all commentsUnsubscribe or change your email settings at Manage Subscriptions.15.12.2011

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