Conducting Internal Ivestigations - Part 2

Documents are a key part of almost all internal investigations. Documents often contain important information. Government law enforcement officials tend to place great weight on the documents. Documents can assist counsel in obtaining information from witnesses by, for example, educating counsel so that counsel can ask more informed questions or refresh a witness’s recollection.

As soon as the company becomes aware of allegations of wrongful conduct, it should consider suspending normal document retention procedures in order to ensure that company personnel do not destroy or otherwise dispose of documents relating to the transaction or the incident that is the subject of the investigation. For example, the legal department might circulate to appropriate personnel a memorandum instructing personnel not to destroy or discard specified categories of documents. Such a memorandum is especially appropriate where the company is aware that the government has