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The Lifespan of Corporate Investigations

The Lifespan of Corporate Investigations

Available to view from 12 Sep 2024

With a SmartPlan £99

With a Season Ticket £198

Standard price £396

All prices exclude VAT
Level
Intermediate: Requires some prior subject knowledge
CPD
1.25 hours
Viewership
Access for entire organisation

Introduction

With ongoing commercial pressures on companies caused by economic instability creating an environment ripe for financial crime, and geopolitical issues such as the evolving sanctions landscape heightening the importance of companies having the most robust compliance frameworks in place, an increase in corporate investigations can be predicted. As such, it is vital to understand the key strategic legal considerations to help protect businesses conducting corporate investigations, from the decision to initiate, through to its conclusion.

The Economic Crime and Corporate Transparency Act 2023 (‘ECCTA 2023’) will significantly reform corporate criminal liability, when the ‘failure to prevent fraud’ (‘FTP’) offence is introduced. This will be a strict liability offence, meaning that an organisation will be held to account if they profit from fraud committed by one or more of their employees.

Furthermore, a new Criminal Justice Bill, currently in the Report Stage of the House of Commons, is proposing to reform the ‘identification doctrine’ which establishes the circumstances under which an organisation can be held criminally liable for the actions of its employees.

The upshot of both the introduction of the FTP offence and the expansion of the ‘identification doctrine’ from ‘directing minds’ to ‘senior managers’ is that regulatory offences will be easier to commit and more difficult to defend. Consequently, organisations will be required to take instances of corporate wrongdoing much more seriously.

What You Will Learn

This webinar will cover the following:

  • The practical considerations to be made by a company when making a decision to initiate a corporate investigation
  • How to determine who to report the findings of an investigation to; consideration of when it might be appropriate to exclude certain senior executives
  • Scenarios (and timeframes) where entities must notify regulators of misconduct; whether to voluntarily approach enforcement authorities and regulators to influence the scope of an investigation and/or disclose the results to the same
  • The steps typically included in an investigation plan and when to engage Counsel and other outside resources such as forensic consultants
  • Consideration of issues of privilege, confidentiality, data privacy and document retention in the context of an internal investigation
  • How to best conduct witness interviews and structure an investigation report
  • Upcoming trends and reforms to note when considering internal investigations, including ECCTA 2023 and the introduction of the FTP offence, and reforms to the ‘identification doctrine’

This pre-recorded webinar will be available to view from Thursday 12th September 2024

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The Lifespan of Corporate Investigations