Investigations, Examinations & Monitorships
We are often called in to assist when an organization with multiple stakeholders requires an independent and objective review. We do not ordinarily maintain repeat clients of our own and are therefore reliably free of relationships to major banks, nongovernmental organizations or other typical stakeholders with an interest in the outcome of the investigation.
Independent Investigators.
We are often called in to assist when an organization with multiple stakeholders requires an independent and objective review. We do not ordinarily maintain repeat clients of our own and are therefore reliably free of relationships to major banks, nongovernmental organizations or other typical stakeholders with an interest in the outcome of the investigation.
International Focus.
Our investigations practice is predominantly cross-border, with teams of former U.S. government lawyers and investigators permanently based in Europe and Asia. As a result, we have had repeated exposure to varying attorney-client privilege laws, country-specific data-protection laws, non-U.S. employment laws, and other special issues that arise in international investigations.
Our team of professionals includes native speakers of several European, Middle Eastern and Asian languages.
Examinations.
Our insolvency and bankruptcy practitioners are called upon to serve as independent and conflict-free investigators in complex distressed situations involving multiple stakeholders. We have also served in distressed situations involving allegations of fraud, negligence and avoidant transfers of assets.
Court-Appointed Monitors.
Courts and government agencies also regularly invite our firm to serve as a monitor for institutions facing significant regulatory compliance issues.
Representative Engagements:
Represented a special committee of the board of directors of a public company in conducting an internal investigation into possible Foreign Corrupt Practices Act (FCPA) violations and other issues regarding operations in Asia, the United States and Africa. The engagement included review of several hundred thousand emails and interviews of dozens of company employees in Japanese.
Represented the audit committee of a London-based international media company. Conducted internal investigation into alleged accounting fraud, antitrust violations and FCPA violations at several locations throughout Europe. Engagement included review of several hundred thousand emails and interviews of dozens of company employees in English, Czech and Russian.
Represented a major multinational company in an internal investigation regarding possible fraud and FCPA issues stemming from their operations in Asia.
Conducted an internal investigation concerning possible contract fraud and FCPA issues in connection with a multinational company’s operations in China. The in-house investigation uncovered significant evidence of contract fraud with certain vendors, including missing due diligence documentation, conflicts of interest between in-house staff and the vendors, above-market price markups, and steering contracts to the vendors without apparent economic or technical justification. Although the genesis of the investigation was based on potential contract fraud, we also investigated potential corrupt payments and other FCPA issues. The investigation was undertaken through interviews in Mandarin.
Represented independent directors of a European financial services company in investigating alleged financial improprieties of certain high-level executives, requiring sensitive electronic data collection and investigations in the UK and Luxembourg, among other locations.
Represented the audit committee of a New York Stock Exchange-listed technology company with operations in Europe, North America and South America. Conducted an internal investigation after whistleblower allegations of accounting fraud, embezzlement, FCPA violations and money laundering by various executive officers. Engagement included imaging and review of more than 50 computers and interviews of more than 30 employees in both English and Spanish. Advised the company in a subsequent investigation by the U.S. Securities and Exchange Commission (SEC).
Represented the audit committee of a major public company in the financial news business with operations in Europe, North America and Asia. Conducted an investigation of a member of the board of directors for alleged insider trading of company stock. Advised the company in a subsequent investigation by the SEC.
Represented an international medical equipment manufacturer in an internal investigation related to bribery allegations involving trips to Asia.
Representation of a U.S.-based hedge fund in an ongoing cross-border investigation led by the Republic of Korea Public Prosecutor’s Office into the hedge fund’s multimillion-dollar investment in a multinational consumer electronics company.
Represented the audit committee of a New York Stock Exchange-listed information services company with operations in Europe and the United States. Conducted an internal investigation of an executive officer for alleged insider trading of company stock. Advised the company in subsequent investigation by the SEC.
Conducted an internal investigation of a Wall Street investment bank in response to an inquiry of fixed-income securities trading practices worldwide for possible violations of securities laws. Investigation involved review of more than 2 million documents and interviews of dozens of company employees. Advised the company in subsequent investigation by the SEC and related self-regulatory organizations.
Represented a Korea-based officer at a major U.S. investment bank in addressing issues arising from an internal investigation and a related U.S. Department of Justice (DOJ) investigation regarding alleged violations of the FCPA due to the bank's hiring practices in Asia.
Service as a government-appointed integrity monitor in the Hurricane Sandy reconstruction efforts in New York City.
Service as monitor of a construction company resulting from a long-running investigation by the New York County District Attorney's Office into compliance with wage laws and government contracting abuse issues, upon the request of the Supreme Court of the State of New York.
Service as monitor of a public contracting company in New York to review the potential infiltration of organized crime influence on the organization, upon request of the Supreme Court of the State of New York.