27 Pages Posted: 18 May 2012 Last revised: 12 Jul 2014
Date Written: May 17, 2012
Much has been written about the methods by which counsel may efficiently, thoroughly, and credibly conduct internal investigations. Given the globalization of such matters, however, this article seeks to focus on the challenges present when conducting an internal investigation of potential international white-collar criminal activity. In Part I, this article will examine the challenges of selecting counsel to perform internal investigations abroad. In particular, consideration will be given to global standards regarding the application of the attorney-client privilege and work product protections. In Part II, this article will discuss the influence of data privacy and protection laws in various countries and analyze the challenges of attempting to conduct an American-style internal investigation in such jurisdictions. Part III of this article will examine interactions with employees during international internal investigations and will consider the challenges of complying with varying labor laws and due process requirements around the world. Finally, in Part IV, this article will discuss the hazards of multi-jurisdictional investigations by government agencies. In particular, consideration will be given to decisions regarding the disclosure of investigatory findings and the difficulties of engaging in settlement negotiations in an international enforcement environment.
Keywords: International White Collar Crime, Internal Corporate Investigations, Documents and Employee Interviews, Disclosure and Settlement
JEL Classification: K10, K14, K20, K22, K33, K42
Suggested Citation: Suggested Citation
Dervan, Lucian E., International White Collar Crime and the Globalization of Internal Investigations (May 17, 2012). Fordham Urban Law Journal, Vol. 39, No. 361, 2012. Available at SSRN: https://ssrn.com/abstract=2061930
By Todd Haugh