What is a compliance investigation?

If there are alleged violations of the Code of Conduct (Code), policies/procedures, laws, and regulations should be acted upon immediately by an authorized person to choose an appropriate course of action. This responsibility will require an initial analysis and evaluation of the allegation so that certain factors are judged: credibility; actionable steps available; the best person to investigate the allegations; and the best person to oversee and conduct an internal compliance investigation.

The Compliance Officer (CO), human resources management (HRM), Privacy and Security Officers, legal counsel (LC), and others may carry out the responsibility to resolve issues arising from concerns, complaints, and allegations.

To conduct effective and successful compliance investigations brings Best Corporate Investigation Services to mind the consultation of properly trained experts to ensure good results and avoid costly mistakes. 

What are the Key Roles in Compliance Investigation?

1. The Predicating and/or Responsible Investigative Authority is the party or parties authorized to launch an internal investigation. The complaints and allegations determine if the information adequately merits action against named parties or corrective action measures.
2. The Responsible investigators (s) are termed as individuals or individuals charged by the Predicating and/or Responsible Authority to take charge of an investigation of a verified complaint or allegations. The role is given to the Compliance Officer, but also HRM, Privacy Officers, Security Officers, or LC. With an authorized investigation, the Responsible Investigative Authority can establish the scope of the investigation based on several features like the availability of persons who may have been involved; the time frame of the possible irregularity; whether the irregularity was an isolated incident or improper conduct; does the irregularity mean a systemic or procedural deficiency in a unit’s operation; and how much time is needed for conducting the inquiry. An Investigative Plan includes all of this. A qualified person(s) to carry out the investigation is hired, who is organizationally not linked to the parties involved in the matter being investigated. They collect all facts and evidence promptly. 
3. The Deciding Authority is the authority that acts and makes findings and recommendations based on an internal investigation. 
4. Legal Counsel may be that of an attorney acting on behalf of the organization if the matter to be probed involves potential violations of law or regulation.  Allegations of violations of the Code and noncompliance with laws and regulations are the job of the Compliance Officer. Allegations relating to harassment, discrimination, and related issues, are looked into by HRM who is the Predicating and/or Responsible Investigative Authority and the Responsible Investigator. With financial management, the CFO may be the Predicating Authority. 

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What do Investigative Principles, Guidelines, And Processes involve?

1. It ensures all communications, evidence, and reports are stamped, logged, numbered, and properly kept in the investigation case file.
2. All information gathered during the investigation is maintained in confidence, with the help of a “need to know” standard.
3.  The privacy of those contacted during the investigation must be protected.
4. Interviews are conducted in person and privacy is maintained with one interview at a time. 
5. Subjects of Corporate Investigation should be notified that they are free to retain independent counsel if they want.
6. If someone requests to ask an attorney, the interview should be conducted only in front of a Legal Counsel.
7. Suppose the interviewee is accused of serious misconduct. In that case, Legal Counsel can advise the employee of how serious the matter is and the organization’s policy must disclose the result of its findings to the government.
8. A written report for all interviews covers all key points derived from the contact.
9. Investigations can be completed in an expeditious way with a report sent to the Deciding Authority.
10. The investigation report must combine a summary of the person’s complaint, a chronology of events, the investigator’s findings, and appropriate, recommended actions with specific roles assigned to managers to ensure implementation.
11. When submitting a written report, the Predicating and Responsible Investigative and Deciding Authorities should be apprised verbally of the findings and recommendations for final corrective action so that the investigative tasks are completed.
12. If potential legal issues occur, the report can be sent to Legal Counsel for appropriate action.
13. The Deciding Authority acts upon the findings and finds out if adverse actions can be taken against any parties and what these actions are. In doing so, Legal Counsel can be consulted.
14. The Deciding Authority should allow the complainant to receive general feedback on the results, but not the details or any specific decisions relating to any person. What the purpose of the discussion was, should be communicated to management.