The lifecycle of an investigation
A typical investigation has several phases and can spark some, if not all, the following actions:
Initiate investigation
The start of any investigation centers around collection of information. Sometimes there is data profiling, a request for documents, search warrant, or grand jury subpoena. Sometimes there is an element of surprise with an unannounced on-site visit, undercover operations, or raid.
Conduct investigation
From there, an in-depth review of documents, records, and business practices along with stakeholder interviews is completed. Questions are answered.
Quantify potential damages
Next, organizations need to develop a theory of the damages to determine if it makes sense to litigate or negotiate settlements.
Litigate
If litigation is necessary, organizations often conduct additional discovery, engage with specialists as necessary, and finalize their theory of the damages.
Negotiate settlement
Typically, there is a delivery of findings and demand for damages. Preparation of the settlement requirements and a review of existing compliance programs is conducted.
Settle and remediate
A financial settlement agreement is written and the impact on company’s beneficiaries, executives, and board of directors is assessed. Organizations may also seek out development of a Corporate Integrity Agreement (CIA) as well as address other compliance requirements and potential program exclusions.
Post settlement/monitoring
Additional recommendations may include establishing an Independent Review Organization (IRO) and potential renegotiation of CIA terms is needed.