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Once a crisis is in the public domain, pressure on a company mounts and the stress around these initial disclosures and the demand for information can be punishing. More than ever before, stakeholders demand substantive and accurate information quickly. Consumers, customers, the media, and shareholders increasingly hold companies accountable for their culture, transparency, and social responsibility, raising the bar on what, when, and how to communicate. 

Scott Moritz and Tom McWeeney Fraud and illicit activities often come to light in a down economy – but not for the reasons you may think. It’s natural to assume that a down economy leads to an increase in fraud. The facts tell a different story, however. While financial pressure is certainly one of the […]

In 1964, Supreme Court Justice Potter Stewart when ruling on what constitutes obscenity wrote, “I know it when I see it”. Determining whether a proposed business relationship is a conflict of interest can likewise be subject to interpretation. Most business managers and leaders understand the basics of what creates a conflict. A conflict of interest […]

Some surprises in business are pleasant – most are not. But in the context of compliance investigations – the element of surprise may be the only thing working in your favor. Consider the following examples. A food distributor that specialized in Asian cuisine and seafood had an asset backed lending agreement with a major commercial […]

In most investigative scenarios, it is important to question everything, not take things at face value and to be skeptical including when interviewing witnesses. In hotline investigations however, it is sometimes necessary to suspend cynicism in order to avoid potentially biasing the investigation.  An active, well-promoted hotline produces a steady volume of alerts for compliance, […]

Successor liability is when an acquiring company “inherits” the past illegal acts of a company it has acquired IF it fails to identify and report them as it goes through the processes of merger and acquisition due diligence and merger integration. Sellers often put their best foot forward when courting suitors. The amount of information […]

Crafting the subject line of an email can be a work of artistry. Done well, it is not unlike an attention-grabbing tabloid headline that compels the reader to act. Today, I received one such email with the subject line: Fixing the Problem and I was immediately hooked. What struck me is the term “fixing the […]

All organizations lose revenues to fraud and corruption, but most don’t realize it is happening. The Association of Certified Fraud Examiners (ACFE) – a global organization of fraud investigators with over 90,000 members – is best known for it’s widely cited statistic that 5% of revenue is lost each year to fraud. With Global World […]

There is a special place in Hell for criminals who target the lonely and the heartbroken – or so we like to think. But that timing doesn’t work for me. Rather than waiting for the hereafter for criminals to receive their well-earned punishment, let’s talk about how to move up the timeline for them to […]

Organizations are expected to have investigative capabilities, yet the majority do not. In fact, the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) consider confidential reporting and internal investigation to be among the most critical hallmarks of an effective compliance program. A very important initial step toward meeting the government’s compliance […]

Background investigations of counterparties in business transactions have been part of the business landscape for decades.  Commercial lenders, investors, business partners, underwriters, accounting firms, banks, and other legal entities routinely conduct background investigations before moving forward with a transaction, consummating a new business relationship or taking on a new customer.  The investigating party is hoping […]

Roughly two years into my FBI career (circa 1988), my eldest sister Meryl bought me a book called Gumshoe: Reflections in a Private Eye.  It is an autobiography written by Josiah  “Tink” Thompson, a former philosophy professor from Haverford College and Yale graduate who left academia to become a private detective.  The memoir is about […]