What to do when receiving a whistleblower report?
Formulation of serious allegations of fraud and abuse of corporate assets by a former employee following his departure from the company.
French SME on the receiving end of serious allegations
In the context of a settlement following the dismissal of an employee, the latter makes serious allegations of fraud and misuse of corporate assets against the directors in particular.
Our client's challenge
Preserve the reputation of the company and its directors
When faced with such allegations, it is important to identify, control and therefore limit the potential legal, operational and reputational repercussions of such allegations.
Although unfounded, allegations of reprehensible or inappropriate behavior undeniably arouse suspicion and therefore damages the company’s reputation. This can be destabilizing for the company, and even more so if its governance is called into question.
It is therefore necessary to assess the reality of these allegations as quickly as possible in order to respond to them.
The analysis of the allegation must be as serious and effective as possible in order to draw the appropriate conclusions and either firmly refute the allegation or implement any useful measure in order to put an end to the misconduct established.
However, the latter is not always easy, given the quality of the people involved, the social climate, the existing professional relationships, or the obligation of independence and objectivity that must be imposed.
Our way
Evaluate the risk incurred through an internal investigation
We set up internal investigations with the intention of bringing light to the facts reported and allowing our clients to obtain an analysis of the allegation made as well as recommendations on the measures to be taken based on the conclusions reached.
As an independent and external party, we guarantee that our internal investigation is conducted in a methodical manner and in compliance with the applicable rules. Our findings inform clients of the identification of any potential liabilities, the nature of the present and future risks involved, and the measures to be taken to put an end to the deviant or reprehensible practices and prevent their reoccurrence. Armed with these elements, our clients are in a position to decide the handling of the fact discovered or reported and the actions to be taken.
While the internal investigation is carried out independently, we work in close collaboration with our clients to develop the investigative plan, which identifies all the parties involved in the investigation, whether external or internal, and determines the facts to be investigated as well as the time frame for the investigation.