2.1 Introduction
This chapter addresses the myriad potential avenues for a control environment to be compromised and for an area of risk or investigation to be identified, either proactively or reactively, by a corporate. It also highlights key developments and changes we have observed in the past year regarding risk management and global investigations.
First, the chapter provides a close look at some of the primary triggers or sources of investigations for corporates from both an internal and external perspective. Second, we discuss developing environmental, social and governance (ESG) issues – an increasing focus for law enforcement and regulatory authorities. The chapter concludes with a brief discussion on a question commonly asked by many corporations today: which corporate function (e.g., legal, compliance, or both) should be responsible for overseeing and conducting which types of investigations?
2.2 Sources and triggers of corporate investigations
Corporate investigations can be triggered by internal and external sources. Corporations often spearhead their own investigations in response to whistleblower reports concerning actual or suspected violations of law or company policy, or to assess the scope of potential problems and risks identified in routine due diligence, compliance reviews and financial audits.
However, corporations may also find themselves the targets of investigations commenced by law enforcement and regulatory authorities, such as the US...
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