Your organisation functions at its best when all involved can fulfil their roles to the best of their abilities. An internal investigation can be key to this.
Occasionally, companies and other bodies encounter issues that require careful examination and the most appropriate advice. Something may need to be assessed and acted upon to reduce the chances of it becoming a matter that could become the subject of legal or regulatory proceedings.
Such situations are most effectively and efficiently managed by conducting an internal investigation. An investigation carried out at the earliest possible opportunity allows you to examine the nature of the issue carefully and act accordingly on its findings.
Internal investigations are becoming more common as companies seek assistance in managing their own matters or in examining the affairs of another corporate they are looking to either merge with or take over. An early internal investigation carried out discreetly by a credible third party can be of great value in minimising potential problems, protecting a company’s reputation, determining any internal disciplinary measures and ensuring its day-to-day running is unaffected.
At Rahman Ravelli, we are set up to respond immediately to any request for such an investigation. We see it as our job to use our objectivity and expertise to identify the issues and offer you informed advice on how best to proceed. Such an investigation allows your business to keep functioning to its maximum capability while we assess how to resolve the issues. It ensures that you are fully prepared if you have dealings with UK enforcement agencies, including the Serious Fraud Office, HM Revenue and Customs, Financial Conduct Authority or National Crime Agency, cross-border agencies such as Interpol or police forces or authorities from other countries, such as the United States’ Department of Justice or Securities and Exchange Commission.
Your business is like no other. The way we assemble an internal investigations team for you reflects this. We create a bespoke team of legal, financial and technical experts that will manage the situation for you from start to finish. All aspects of the investigation will be carried out by those with recognised expertise and experience in the relevant field. They will keep you informed at all times. When they have completed the investigation, they will then outline all possible options and outcomes in a clear, concise manner that will leave you in no doubt as to the true position.
Rahman Ravelli carries out internal investigations worldwide in all manner of professions and industries and has a network of international experts it works with closely. The firm contributes chapters to international legal guides on the subject of internal investigations. Our experience means that national and international companies, financial institutions, major organisations and wealth funds request our internal investigations teams to examine and assess situations, offer advice on the possible civil, criminal and regulatory implications and liaise with the relevant law enforcement agencies in any number of countries.
Recent legal cases on issues such as legal privilege and legislation relating to data protection have had profound implications for internal investigations. Our investigation teams are fully aware of every single aspect of the relevant law and are experienced in dealing with the relevant enforcement authorities and professional bodies in the UK and abroad. They make sure that potential problems are addressed and that complex situations are resolved carefully.
They work for you to manage the situation… so you can get on with running your business.
An internal investigation is an investigation commissioned by a company, organisation, or institution into potential wrongdoing, misconduct, regulatory breaches, or legal violations within its own operations. Internal investigations may be triggered by a whistleblower complaint, a regulatory enquiry, a dawn raid, adverse media coverage, an employee grievance, suspicious financial activity, or the discovery of a potential compliance failure. They can range from focused reviews of a specific transaction to wide-ranging assessments of culture and governance.
Involving independent external solicitors brings several important benefits. First, communications between the company and its external lawyers in the conduct of a genuine legal investigation will attract legal professional privilege, meaning the findings and work product are protected from disclosure to regulators and prosecutors. Second, external lawyers are seen as more credible by regulators and prosecutors than in-house investigators, which can be important in demonstrating genuine cooperation. Third, experienced external investigators bring forensic objectivity and the ability to interview employees in circumstances that will withstand legal scrutiny.
Legal professional privilege (LPP) is a fundamental right that protects confidential communications between a client and their lawyer for the purpose of giving or receiving legal advice (legal advice privilege) or for the dominant purpose of actual or anticipated litigation (litigation privilege). In an internal investigation context, LPP is essential to ensure that candid findings, interview notes, and legal analysis are not subsequently compelled from the company by regulators or prosecutors. Privilege must be handled carefully — not all documents created during an investigation will be privileged, and careless handling can result in privilege being waived.
Employee interviews should be conducted by lawyers, following a consistent protocol, with appropriate warnings about the purpose of the interview and the limits of any legal representation being offered. In particular, where company lawyers are conducting the interview, they must be clear that they represent the company — not the individual employee — and that notes of the interview may be shared with authorities. Employees should be informed of their right to take their own independent legal advice. A carefully maintained factual record of each interview is essential.
An internal investigation may run alongside, or be prompted by, a regulatory or criminal investigation. A well-conducted internal investigation can be a powerful tool in managing the regulatory process — it demonstrates good faith and genuine cooperation, may identify issues that can be remediated before regulators escalate their concerns, and provides the company with a clear understanding of its own position. However, the scope, findings, and management of the internal investigation must be carefully calibrated to avoid prejudicing the company's position in the external proceedings.
Whether and to what extent to disclose internal investigation findings to regulators is one of the most consequential decisions a company in this situation will face. Disclosure is not always required, and it should never be made without comprehensive legal advice. Voluntary disclosure can demonstrate cooperation and may reduce the risk of enforcement action or the severity of any penalty, but it can also expose the company and individuals within it to greater scrutiny and potential prosecution. The decision must take account of all parallel proceedings and jurisdictions.
A dawn raid response protocol is a prepared plan setting out exactly how the company's staff should respond in the event that investigators arrive to search the premises. It should designate individuals responsible for contacting the company's legal advisors, identify the person empowered to review search warrants, set out guidance on what investigators can and cannot be permitted to do, and provide clear instructions on protecting legally privileged material. Having a tested protocol in place can significantly reduce the risk of missteps during the highly pressurised early stages of a dawn raid.
Internal investigations require a rare combination of forensic investigative skill, deep knowledge of criminal and regulatory law, technical expertise in document review and digital forensics, and the ability to manage complex stakeholder dynamics — including senior management, regulators, prosecutors, and the media. Specialist solicitors in this field have experience of conducting investigations that will withstand the scrutiny of the most demanding regulatory and prosecutorial audiences, and can advise at every stage on how best to protect the company's interests and those of the individuals involved.
