How To Conduct Professional Internal Investigations

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Conducting an effective internal investigation is essential for any business or organization looking to protect their financial, legal and reputational interests. Genuine AI, the world’s largest open-source legal template library, provides step-by-step guidance on how to conduct a professional internal investigation and access its template library.

Internal investigations are invaluable when it comes to identifying and resolving potential issues within an organization before they become serious problems. These investigations can help organizations uncover compliance issues that could lead to costly fines or penalties, identify potentially illegal activities involving labor laws or data privacy laws that could result in expensive legal fees, and discover organizational culture issues that may be damaging relationships with customers or stakeholders.

Moreover, conducting an internal investigation can also help prevent further damage by shielding an organization from any potential risks associated with litigation. It can also help organizations foster better relationships with clients by helping them understand the seriousness of the situation and possible solutions. In some cases, it may even be necessary for organizations to undertake a thorough internal investigation in order to demonstrate good faith in addressing grievances raised by stakeholders.

Ultimately, conducting a professional internal investigation is one of the most important tools organisations have at their disposal when it comes to protecting themselves from potential harm and shielding their reputation. By using Genie AI’s community template library - free of charge - businesses can draft high quality legal documents tailored specifically towards meeting their needs while avoiding costly lawyer costs or fees. So if you’re looking for guidance on how best to conduct an internal investigation then read on below for more information on how Genie AI can help you today.

Definitions

Identify: To recognize or determine the true nature of something.
Interview: To ask questions of a person to obtain information or a statement.
Corrective Action: An action taken to fix a problem or address a situation.
Qualifications: Skills, knowledge, or experience needed to perform a job or task.
Lead Investigator: The person in charge of a team of investigators.
Scope: The extent or range of something.
Timeline: A sequence of events laid out in chronological order.
Relevant: Pertinent or applicable to the situation.
Accuracy: The degree to which something is correct or precise.
Implications: An idea or conclusion that can be drawn from evidence or information.
Sources: A person, document, or other source of information or evidence.
Analyze: To examine something in detail, often for the purpose of making a conclusion or determining a solution.
Document: To record, preserve, or authenticate in writing.
Stakeholders: People who have an interest or are affected by a particular action or decision.
Remediation: An action taken to fix a problem or address a situation.
Monitor: To observe or track the progress of something.

Contents

1. Establish the Need for an Internal Investigation
2. Identify the Problem
3. Determine the Appropriate Response
4. Identify and Retain the Right Team
5. Determine Qualifications
6. Assemble Investigators
7. Establish the Scope of the Investigation
8. Identify Goals
9. Determine Timeline
10. Identify Responsible Parties
11. Collect, Analyze and Document Evidence
12. Identify Sources
13. Collect Evidence
14. Analyze Evidence
15. Document Findings
16. Report Findings
17. Write a Report
18. Provide Report to Stakeholders
19. Implement Corrective Actions
20. Identify Relevant Changes
21. Establish Timelines for Implementation
22. Monitor the Effectiveness of Remediation Steps
23. Track Progress
24. Identify Areas for Improvement
25. Review and Close the Investigation
26. Evaluate the Investigation
27. Document Conclusions
28. Archive Records
29. Collect and Store Relevant Information
30. Follow Up
31. Evaluate Effectiveness of Remediation Steps
32. Identify Areas for Further Improvement

Get started

Establish the Need for an Internal Investigation

• Assemble a team of qualified individuals to investigate the incident or issue
• Determine the scope and objectives of the investigation
• Establish a timeline for the investigation
• Ensure that any relevant documentation is collected
• When the team is assembled, the scope and objectives are determined, and the timeline is established, the need for an internal investigation is established.

Identify the Problem

• Gather information from any available sources to determine the scope of the problem.
• Review any relevant documents or records to identify any potential areas of concern.
• Consider any previous incidents or complaints that may be related to the problem.
• Analyze the problem and any related issues to determine the root cause.
• Identify any individuals who may have knowledge about the problem or its root cause.
• You can check this off your list once you have a clear understanding of the problem and any related issues.

Determine the Appropriate Response

• Assess the seriousness of the allegation
• Decide whether or not an investigation is necessary
• Consult with Human Resources, legal counsel, and other decision makers regarding the appropriate response
• Identify specific policies and procedures that may be applicable to the situation
• If appropriate, create a plan of action to address the issue
• Document the decision-making process
• When you have determined the most appropriate response, you can proceed to the next step.

Identify and Retain the Right Team

• Assemble a team of investigative professionals who are qualified, experienced and objective
• Consider the knowledge and skills needed to identify, evaluate and resolve issues, including: legal and regulatory compliance, interviewing, evidence collection, data analysis, and report writing
• Ensure the team is diverse, with representatives from various departments, roles and levels of seniority
• Develop a plan to define and manage team roles, responsibilities, timelines and deliverables
• When the right team has been identified and retained, you can move on to the next step.

Determine Qualifications

• Identify individuals who have the necessary qualifications to conduct an internal investigation effectively.
• Qualifications should include legal experience, knowledge of the industry, and objectivity.
• Ensure the investigative team is diverse and has the right mix of skills, backgrounds, and perspectives.
• Consider any potential conflicts of interest when selecting the team.
• Finalize the team and provide them with the necessary resources to conduct the investigation.

You will know you have completed this step when you have identified and finalized the team with the necessary qualifications to conduct the internal investigation.

Assemble Investigators

• Identify the appropriate internal resources to serve on the investigative team.
• Consider qualifications such as relevant experience, knowledge, and any applicable certifications.
• Consider the need for outside resources such as attorneys, forensic accountants, or other experts.
• Ensure the team is adequately staffed and has the necessary skills and resources to complete the investigation.
• Create a schedule for the investigation and assign tasks accordingly.
• Document the investigative team, their qualifications, and the schedule.

When you can check this off your list and move on to the next step:

• When you have identified the appropriate internal resources and determined the necessary qualifications and outside resources needed.
• When you have created a schedule for the investigation and assigned tasks to each member of the investigative team.
• When you have documented the investigative team, their qualifications, and the schedule.

Establish the Scope of the Investigation

• Identify the scope of the investigation based on the complaint received or the suspected breach of policy
• Gather all relevant information related to the investigation
• Make sure the scope of the investigation is clearly defined and documented
• Consider the legal implications of the investigation
• Confirm that the scope of the investigation is legally and ethically sound
• When you have outlined the scope of the investigation and documented it, you can move on to the next step.

Identify Goals

• Establish specific goals for the investigation, such as gathering facts to determine whether an employee engaged in misconduct or confirming compliance with company policies
• Analyze potential legal implications of the investigation
• Outline potential outcomes of the investigation
• Document the goals of the investigation in writing
• When you feel confident that the goals of the investigation have been clearly identified, you can check this off your list and move on to the next step.

Determine Timeline

• Establish the scope of the investigation and what it should cover
• Set a timeline for the investigation and ensure that it is reasonable and achievable
• Establish any deadlines for the completion of the investigation and document them
• Assign accountability for meeting the deadlines to a responsible party
• Determine how the investigation will be documented and tracked
• When the timeline is established, the investigation can be considered complete and the next step can be taken.

Identify Responsible Parties

• Identify all potential parties involved in the investigation.
• Ensure that all parties have appropriate authority to handle the investigation.
• Identify any conflicts of interest and determine if any of the parties are involved in the investigation.
• Record the names of all parties in the investigation, their roles and responsibilities, and any conflicts of interest.

You will know when you can check this off your list and move on to the next step when you have identified all potential parties involved, ensured that all parties have appropriate authority to handle the investigation, identified any conflicts of interest, and recorded the names of all parties in the investigation, their roles and responsibilities, and any conflicts of interest.

Collect, Analyze and Document Evidence

• Identify the type of evidence to collect, such as documents, emails, witness testimony, etc.
• Obtain and secure evidence, such as through interviews, document requests, etc.
• Analyze evidence to determine its relevance to the investigation.
• Document evidence and ensure it is properly stored in a secure location.
• Maintain an audit trail of evidence collected and analyzed.

When you have collected, analyzed and documented all relevant evidence, you can move on to the next step.

Identify Sources

• Identify any potential witnesses or sources of information who may be able to provide helpful insight into the investigation
• Create a list of all potential sources, including both internal and external people and organizations
• Reach out to the sources and explain the purpose and scope of the investigation
• Request any relevant documents, information, and/or testimony from the sources
• Note the sources’ willingness to cooperate
• Develop a timeline of events, if necessary, to better understand the context of any evidence presented by the sources
• Utilize information gathered from the sources to further investigate any potential misconduct

You can check this step off your list and move on to the next step when you have identified all potential sources and gathered any relevant documents, information, and/or testimony from them.

Collect Evidence

• Gather documents, emails, statements, and other items relevant to the investigation
• Review documents and secure physical evidence
• Interview key personnel and other individuals to gather information
• Review records to identify any other potential sources of information
• Document the evidence gathered including date and time of collection, by whom and from whom
• When all evidence has been collected, check this step off the list and move on to Analyze Evidence

Analyze Evidence

• Thoroughly review all evidence collected
• Identify any discrepancies or inconsistencies in the facts
• Analyze all evidence and draw conclusions from the facts
• Determine the credibility of witnesses
• Develop theories and scenarios to explain the facts
• When finished, you will have a clear understanding of the facts and any discrepancies or inconsistencies in the evidence collected.

Document Findings

• Document all findings in a clear and organized way, including all relevant details, notes, and observations
• Use a spreadsheet or other tracking system to keep all findings organized
• Create a timeline of events and any other relevant materials
• Create a list of witnesses or persons of interest, and document their relevant contact information
• Make sure to document any conversations or interviews with witnesses, including a summary of what was said
• Make sure to keep all documents and evidence secure, and store them in a central, easily accessible location
• When you’re finished documenting your findings, you’ll know you can move on to the next step of reporting your findings.

Report Findings

• Summarize the investigation, findings and recommendations in a clear, concise and objective report
• Be sure to include the following in the report:
• An executive summary of the investigation, findings, and conclusions
• A detailed description of the investigation process
• A summary of the evidence and findings
• Any recommendations for corrective action
• Share the report with the appropriate stakeholders and obtain their feedback
• Once the report is finalized, you can check this off your list and move on to the next step.

Write a Report

• Write a detailed report that outlines the facts uncovered during the investigation
• Include in the report any conclusions you have drawn from the facts
• List any actions taken, in accordance with the organization’s policy and procedures
• Include any recommendations for corrective actions or changes to policies and procedures
• Proofread and double-check the report to make sure it is accurate
• Once the report is complete, you can move on to the next step of the process: providing the report to stakeholders.

Provide Report to Stakeholders

• Draft a report summary that outlines the team’s findings, including any evidence collected, interviews conducted, and conclusions reached.
• Provide the report to the stakeholders, such as Human Resources, the employee’s manager, and top-level management.
• Ensure stakeholders understand the results of the investigation and any recommended action items.
• Securely store the report for future reference.
• Once the report is provided to the stakeholders, the step is complete.

Implement Corrective Actions

• Analyze the data and results of the investigation to identify any gaps in procedures or policies that could have contributed to the incident
• Develop corrective action plans and strategies to address any gaps identified
• Implement the corrective action plans and strategies to ensure that the potential issue does not occur again
• Monitor the effectiveness of the corrective actions and review them regularly
• Once the corrective actions have been implemented, document the process and results to ensure that they can be referenced in the future
• When the corrective actions have been implemented and documented, the step is complete and you can move on to the next step.

Identify Relevant Changes

• Research and review any existing records or documents that may be relevant to the investigation
• Interview any employees or stakeholders who may have knowledge or insights relevant to the investigation
• Carefully document each step of the investigation
• Take note of any changes that could be related to the investigation
• Compare the results of the investigation to the original complaint
• Once all the relevant changes have been identified, the next step is to establish timelines for implementation.

Establish Timelines for Implementation

• Create a timeline for the investigation process to ensure the investigation is conducted in an efficient and effective manner.
• Include deadlines for each stage of the investigation and any milestones to be achieved.
• Consider a timeline for the implementation of any remediation steps that may be required.
• Keep the timeline updated throughout the investigation to ensure it remains relevant and achievable.
• When the timeline is complete and agreed, it should be documented and distributed to all relevant stakeholders.

How you’ll know when you can check this off your list and move on to the next step:

• You will know you can check this off your list and move on to the next step when the timeline has been created, documented and distributed to all relevant stakeholders.

Monitor the Effectiveness of Remediation Steps

• Monitor the implementation of the remediation steps, including the implementation of policies, processes and procedures, to ensure that it is effective in preventing and detecting violations.
• Establish metrics and tracking systems to measure the effectiveness of the remediation steps.
• Track the progress of remediation steps, and document any changes made.
• Analyze data to identify trends and determine if additional remediation steps are required.
• Communicate the results of the monitoring to the relevant stakeholders.
• Evaluate the effectiveness of the remediation steps on a regular basis.

How you’ll know when you can check this off your list and move on to the next step:

• When you have established metrics and tracking systems to measure the effectiveness of the remediation steps, have tracked the progress of remediation steps, analyzed data to identify trends, communicated the results of the monitoring to relevant stakeholders and evaluated the effectiveness of the remediation steps on a regular basis.

Track Progress

• Monitor the progress of the investigation to ensure that it is moving forward and that any necessary follow-ups are completed.
• Track the activities undertaken during the investigation, including interviews, document reviews, and any other investigation-related activities.
• Check in with the investigator throughout the process to ensure that the investigation is being conducted in a professional manner and that all activities are in compliance with company policies and procedures.
• Ensure that the investigation is progressing in a timely manner and that any deadlines are being met.
• When all necessary information has been gathered and the investigation is complete, you can check this step off your list and move on to the next step.

Identify Areas for Improvement

• Determine the scope of the investigation and the resources available to complete it.
• Collect data and information related to the incident or issue.
• Analyze the data and information to identify areas where processes or procedures may have broken down or opportunities for improvement exist.
• Develop comprehensive recommendations for improvement to better address the issue or prevent similar issues from occurring in the future.
• Document the findings from the investigation and the areas for improvement identified.
• Present the findings to the appropriate stakeholders.

You can check this step off your list when you have developed comprehensive recommendations for improvement and documented the findings from the investigation.

Review and Close the Investigation

• Gather all evidence and reports gathered during the investigation and check that they are complete
• Compile a final report on the investigation, which should include all evidence, findings, conclusions, and recommendations
• Present the report to the appropriate decision-makers
• Follow up to ensure that all recommendations are implemented
• Ensure that all files and documents related to the investigation are securely stored
• Record the date and time when the investigation is closed

You will know you have completed this step when you have presented a final report to the appropriate decision-makers and have recorded the date and time when the investigation is officially closed.

Evaluate the Investigation

• Review the evidence and facts that were collected during the investigation
• Analyze the evidence to determine whether any misconduct has occurred
• Determine if any disciplinary action is necessary
• Develop strategies to prevent similar incidents in the future
• When you have reached a conclusion about the investigation and have determined any necessary disciplinary action, you can move on to the next step of documenting the findings and conclusions.

Document Conclusions

• Document the investigation’s conclusions in writing
• Identify any areas where corrective action is needed
• Summarize the evidence that led to the conclusions
• Identify any individuals who should be held responsible for any misconduct
• Present the conclusions to the appropriate parties
• Make sure that the conclusions are clear and unambiguous
• Once the conclusions are documented, you can check off this step and proceed to archiving records.

Archive Records

• Retain all records for the investigation in a secure location
• Ensure that all records are stored in a way so that they can be easily retrieved for review
• Store records for at least seven years
• Cross reference all records and documents to ensure accuracy and completeness
• When all records have been archived, check off this step from the list and proceed to the next step, which is to collect and store relevant information.

Collect and Store Relevant Information

• Gather all the evidence, documents and other materials related to the investigation
• Review the evidence and documents to decide what’s relevant
• Store all relevant materials securely, preferably in a digital format
• Make sure that access to the stored materials is limited to only those involved in the investigation
• Document the chain of custody for all evidence and materials collected, ensuring that everyone involved in the process is aware of who has handled what
• When all relevant materials have been collected and stored, you can move on to the next step of the investigation.

Follow Up

• Identify if additional follow-up is needed with witnesses, employees or other stakeholders
• Schedule follow-up meetings as needed
• Document any additional information gathered
• Determine if any corrective action needs to be taken
• Once all follow-up is completed and all information gathered, move on to the next step of evaluating the effectiveness of remediation steps.

Evaluate Effectiveness of Remediation Steps

• Analyze the data collected to identify whether the remediation steps have been successful
• Check that all employees involved have been held accountable and that the necessary steps have been taken to prevent such incident from occurring again
• Evaluate the effectiveness of the remediation steps by comparing the data collected with the original objectives of the investigation
• Document the evaluation and findings in the final report
• When all the evaluation is complete, you can move on to the next step of identifying areas for further improvement.

Identify Areas for Further Improvement

• Review all documents and evidence collected during the investigation
• Analyze any new information that was discovered during the investigation
• Identify any areas where the procedures, policies and processes may need to be improved to prevent similar issues from occurring again
• Discuss any findings with relevant stakeholders and decision makers
• Record and document any areas for improvement
• Create a plan to address any areas for improvement identified

You’ll know you can check this step off your list when you have identified any areas for improvement, discussed them with relevant stakeholders and decision makers, and documented and recorded them.

FAQ

Q: What specific qualifications are required of investigators in the UK?

Asked by Sarah on June 1, 2022.
A: In the UK, investigators must hold an appropriate professional qualification and be a member of a professional body such as the Chartered Institute of Legal Executives (CILEx) or the Law Society. Additionally, they must be registered with the Office for Legal Complaints and have experience in conducting investigations. It is important to note that the qualifications and experience required may vary depending on the particular regulations or laws in force in different parts of the UK.

Q: How can I assess whether my business requires an internal investigation?

Asked by Anthony on April 3, 2022.
A: Whether or not your business requires an internal investigation depends on a variety of factors. You should consider the scope and complexity of any potential issues, whether or not they are likely to extend beyond your company’s jurisdiction, and the degree to which they could impact your reputation and/or operations. Additionally, you should consider any legal implications that may arise from a potential investigation. If any of these factors are significant, it may be wise to consider initiating an internal investigation.

Q: What specific steps should I take to conduct a professional internal investigation?

Asked by John on May 18, 2022.
A: When conducting a professional internal investigation, it is important to follow a set process in order to ensure accuracy and fairness in your findings. The first step is to create an investigative team with clear roles and responsibilities. This team should include both internal staff and external experts who can provide specialized advice. The next step is to analyze data sources such as emails, documents, financial records, and interviews with key stakeholders. Finally, you should evaluate all evidence gathered during the investigation and draw conclusions based on best practice guidelines for corporate investigations.

Q: How can I ensure the confidentiality of an internal investigation?

Asked by Jennifer on November 12, 2022.
A: Ensuring the confidentiality of an internal investigation is essential for protecting both the integrity of the investigation and those involved in it. To do this, it is important to keep all communications related to the investigation confidential and limit access to pertinent information so that only those who need it are able to view or use it. Additionally, you should institute strict data security protocols such as encrypting sensitive documents and ensuring that all computers used for the investigation are password protected. Finally, you should evaluate potential risks associated with any third-party services used during the course of the investigation and take steps to mitigate those risks wherever possible.

Q: How do US laws differ from those in other countries regarding internal investigations?

Asked by Elizabeth on October 7, 2022.
A: US laws regarding internal investigations vary from those in other countries due to differences in culture, industry regulations, and corporate governance practices. For example, US laws place greater emphasis on whistleblower protections than many other countries, while foreign countries may have more stringent requirements for data security when conducting an investigation. Additionally, US laws often require more extensive documentation for internal investigations than foreign laws do due to increased scrutiny from regulators and shareholders. Therefore, it is important to familiarize yourself with applicable laws before conducting an internal investigation in order to ensure compliance with all applicable regulations.

Q: How can I ensure that my internal investigation will be conducted ethically?

Asked by Joshua on August 11, 2022.
A: Ensuring that your internal investigation is conducted ethically is essential for protecting both your organization’s reputation and those involved in it. To do this, it is important to set clear expectations regarding confidentiality and respect throughout the course of the investigation so that everyone involved understands their role and responsibilities in maintaining ethical standards during the process. Additionally, you should create protocols for how evidence is collected and analyzed so that all data is treated fairly and objectively without bias or favoritism towards any individual or group involved in the case. Finally, you should set up systems for monitoring progress throughout the course of an investigation so that any issues can be addressed quickly before they become more serious problems down the line.

Q: What specific challenges might arise when conducting an internal investigation?

Asked by Thomas on September 15, 2022.
A: Conducting an internal investigation can present a number of challenges depending on its scope and complexity as well as external factors such as legal obligations or industry regulations which must be taken into account when investigating certain issues. Common challenges include finding sufficient evidence to support conclusions drawn from the investigation; gaining access to confidential information; dealing with time constraints due to deadlines set by regulators or industry groups; ensuring confidentiality throughout the process; and managing potential conflicts between parties involved in the case who may have different interests at stake throughout its duration.

Q: What resources are available for training investigators?

Asked by Emma on July 9, 2022.
A: There are a variety of resources available for training investigators depending on their particular needs and experience level with conducting investigations. For beginners or those who need a refresher course on investigative skills such as interviewing witnesses or collecting evidence, there are online courses offered by organizations such as The Open University which provide comprehensive instruction on these topics at low cost or no cost at all depending on your circumstances. Additionally, experienced investigators may benefit from attending conferences or workshops hosted by professional organizations which provide more advanced training on topics such as legal compliance when conducting investigations or managing challenging situations during interviews with stakeholders involved in a case being investigated.

Q: What qualifications must investigators hold if they wish to conduct international investigations?

Asked by Matthew on December 13, 2022.

A: Investigators wishing to conduct international investigations must hold appropriate qualifications depending on their intended jurisdiction(s). For example, investigators working in Europe must hold qualifications recognized by European Union law (such as diplomas from European universities) while investigators working outside of Europe may need additional certifications depending on local regulations governing private investigations in that country/region (such as licensing). It is also important to note that many countries have specific restrictions regarding which types of cases may be investigated as well as who may conduct such investigations; therefore it is essential that investigators familiarize themselves with applicable laws before pursuing any international cases they are considering taking on.

Example dispute

Suing a Company Based on an Internal Investigation

• Understand the relevant civil law and regulations that could be used to a plaintiff’s advantage.
• Gather evidence from the internal investigation that could be used to support the plaintiff’s case.
• Determine if there is any financial or other damage that can be attributed to the company’s actions.
• Draft a complaint referencing the internal investigation and its findings.
• File the complaint and serve the company with the appropriate paperwork.
• Negotiate a settlement with the company or proceed to court.
• If the plaintiff is successful in court, they may be awarded damages, which could include financial compensation, punitive damages, and attorney’s fees.

Templates available (free to use)

Engagement Retainer Letter For Internal Investigations
Example Of An Upjohn Warning For Internal Investigations
Internal Investigations Policy
Investigation Plan For Internal Investigations
Investigation Report For Internal Investigations
Letter To Employee Requesting Participation In Internal Investigation
Request To Initiate An Internal Investigation Memorandum Upjohn Memo For Internal Investigations
Witness Interview Memorandum For Internal Investigations
Witness Interview Outline For Internal Investigations

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