Why you need it
An investigation run by management may not be independent if management is implicated, or if it looks that way. Notes, interview records and draft findings prepared without a lawyer’s involvement are unlikely to be privileged and may later have to be disclosed to a regulator, the police or the other side in a lawsuit. Legal advice privilege and litigation privilege under the Evidence Act 1893 (ss 128–131) protect certain communications with lawyers, but only if the investigation is set up with that in mind from the start.
Investigations also go wrong in more ordinary ways: a key witness is tipped off, documents are deleted, an employee is dismissed before the facts are clear and then sues, or the company reports to the authorities too late or too early. If a crime may have been committed, there may be reporting obligations (s 424 of the Criminal Procedure Code 2010 and s 45 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992) and the investigation has to be run so as not to interfere with a later police inquiry.
How we help
We act as external counsel to the company, reporting to the board, the audit committee or a special committee, not to the people under review. We start by agreeing the scope and the reporting line, and by setting up the work so that privilege is preserved where the law allows.
We review whistleblowing reports and decide with the board whether and how to investigate. We secure documents, review emails and accounts, interview witnesses and prepare a written report with findings and recommendations. Cheryl is a Certified Fraud Examiner and has defended people under investigation, so she knows how prosecutors and regulators will read an internal report. Where the findings point to an offence, we advise the board on reporting and on dealing with the authorities.
Past work includes advising an English-headquartered multinational on fraud investigations in its Singapore office, reviewing its employment agreements and handbooks, and putting in place new policies to prevent a repeat.
- Assessing whistleblowing reports and deciding next steps
- Scoping, privilege and reporting lines
- Document preservation and review; witness interviews
- Written findings to the board or audit committee
- Advice on reporting to the police, CAD, CPIB or regulators
- Employment action and recovery of losses after the investigation
Related practice areas
If your board has received a report that needs investigating, speak to us before anyone is interviewed. Contact us to arrange a confidential discussion.
The information on this page is general information only and is not legal advice. The law changes and develops over time, and nothing on this page creates a solicitor–client relationship. For advice on your own situation, please contact us.