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Investigating potential violations of law, responding to whistleblowers and mitigating associated ethical dilemmas

Bradley J. Bondi, Paul T. Chryssikos and Michael D. Wheatley

Journal of Financial Compliance, 2018, vol. 2, issue 2, 111-120

Abstract: Financial companies and companies with a global footprint face increased regulatory risks and must respond appropriately when faced with suspected misconduct. A company’s response to suspected misconduct is crucial, because an inappropriate or insufficient response could expose the company, its directors and its management to regulatory enforcement actions, private civil litigation and reputational damage. Often, a company’s response includes conducting an investigation led either by management or by an independent committee of the board of directors. This paper discusses relevant considerations and general best practices for investigating suspected misconduct, including guidance for determining when a legal department should recommend that an independent committee of the board of directors conduct an independent investigation. This paper also discusses how to respond to whistleblowers and ethical issues that commonly arise in internal investigations.

Keywords: internal investigations; audit committee; general counsel; board of directors (search for similar items in EconPapers)
JEL-codes: E5 G2 K2 (search for similar items in EconPapers)
Date: 2018
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