Don’t let executive misconduct ruin your corporation…
When it comes to running a business, the executives who are the visionaries and decision-makers that shape a company should always remain above reproach. White collar crimes have the potential to pull a business up from the root with devastating consequences. Unfortunately, Americans know from media coverage and social media that there’s few things we are more attracted to than stories about high-ranking officials and the misconduct that negatively impacts their businesses—both in profits and in public relations.
Many will be familiar with the recent news of Amazon CEO Jeff Bezos’ high-profile divorce following allegations of infidelity, in which his ex-wife became the richest individual in history by virtue of divorce proceedings. The fallout from executive misconduct can leave a trail of legal fees, government sanctions, violations, and public relations-related crises that can devastate a company from the top down.
Thought to be coined in 1932, the phrase “white collar crime” now refers to a spectrum of frauds and other crimes committed by high-ranking executives and officials. The most common characteristics of white collar crime contain aspects of deceit, concealment, or violation of company policies and/or state and federal law. The motive is financial, with executives skimming off the top of a company’s profits for their own use. These crimes are sometimes thought of as “victimless crimes,” with no regard to how the fallout from a fraud or scheme can impact the company, and therefore the families of its employees. The types of fraud include, but are not limited to:
- Bank fraud
- Cellular phone fraud
- Computer fraud
- Credit card fraud
- Currency scheme
- Environmental schemes
- Health Care Fraud
- Insider trading
- Insurance fraud
- Investment schemes
- Money laundering
- Securities fraud
- Tax evasion
- Telemarketing fraud
- Welfare fraud
- Weights and measures
Corporate fraud and white collar crime of this nature remain one of the Federal Bureau of Investigation’s top priorities when it comes to identifying and indicating perpetrators. While involvement by government agencies may seem like the end of the line, there are ways companies can get out in front of executive misconduct by hiring a private investigator to investigate these matters.
Private investigators have a unique reputation as slick operators who fly under the radar, but they are invaluable professionals to companies in the throes of a corporate crisis because they are independent and objective. Objectivity is the priority when dealing with executive misconduct and white collar crime, as any allegations or evidence presented against the executive must be presented by an individual with no stake in the outcome of the investigation. Private investigators are independently contacted by a business or corporation to investigate the alleged executive misconduct, and can gather evidence and collect witness statements without the air of bias. Because private investigators are independent contractors, there is no fear of reprisal on behalf of coworkers and other employees at the company. This leaves no lead discounted or ignored. They can investigate employees at all levels, and determine how (if at all) the executive is receiving assistance in their fraud from subordinates. One of the most attractive qualities in a private investigator is that their objectivity makes them crucial witnesses in any legal proceedings that may result from the investigation.
Businesses and corporations should never be beholden to CEOs, presidents, and other high-ranking executives who behave badly. Executive misconduct and corruption are like aggressive weeds that must be pulled from the root in order for businesses to flourish. When it comes to rooting out bad leadership, consider hiring a private investigator to navigate a tricky investigative path that can end in quality operations and peace of mind for businesses large and small.
If you have a corporate crisis like executive misconduct, we can help. Call Lauth Investigations International, a family-owned-and-operated investigative firm with over 30 years of providing successful solutions to clients in Indianapolis and throughout the nation. Call 317-951-1100 for a free consultation, or to learn more about our services, please visit our website.
Indianapolis, Indiana is home to many impressive things. The city of over 800,000 is most famous throughout the country as home to the Indianapolis Motor Speedway, the site of the Indianapolis 500. In addition to a rich visual and performing arts culture, it’s also home to the nation’s largest children’s museum. Families across the United States cheer for one of two major sports franchises based in Indianapolis: the NBA’s Indiana Pacers, and the NFL’s Indianapolis Colts. It’s also home to one of the country’s best private investigators.
Family-owned and operated for more than 30 years, Lauth Investigations International has specialized in complex corporate, financial, and private investigations worldwide. It is one of many private investigation firms based in Indiana’s capital. Given recent crime data, Indianapolis is a city where a well of clientele may never run dry. One of the areas of criminal investigation most associated with private investigators is missing persons and violent crime, so it’s no a wonder why so many private investigators have set up shop in Indianapolis, with violent crime on the rise.
Relative to its size and population, Indianapolis is comparable to Portland, Oregon or Charlotte, North Carolina. Portland has a crime rate of 227 per every 100,000 people, which is lower than the national average crime rate. North Carolina experiences a higher than average crime rate of 441 per every 100,000 people. As of 2016, Indianapolis’ reported crime rate was 823.2 per every 100,000 people. A CBS News report ranking dangerous cities placed Indianapolis as the 12th in the nation, citing the violent crime rate at more than three times the national average.
News media is saturated with headlines concerning violent crimes committed against Hoosiers, so it was a surprise to most when the FBI reported crime was actually down 10% from 2016 to 2017, especially burglaries and robberies which were down 17%. Violence—especially gun violence—however, is climbing. As of October 1st, 2018, the Indianapolis Metropolitan Police Department had investigated 127 homicides and 109 murders, with 12% of those cases attributed to robbery. The recent murder of Tykece Mike-Jones is a tragic example. He was killed over a cell phone he was attempting to sell to a person he contacted through the internet—another in a string of killings IMPD has been putting on blast to warn citizens. According to the FBI, 2017 was the third record-breaking year for crime statistics in Indianapolis, and stats from the first half of this year have projected 2018 will be no different. Law enforcement attributes the overall drop in crime to the increased ubiquity of surveillance cameras in the metropolitan area.
Firms like Lauth Investigations International can assist in many types of criminal investigation. Just as in the case of violent crimes, private investigators combine the skills of law enforcement and the autonomy of a private citizen to conduct concurrent or independent investigations into a person who vanishes under any circumstances. But not all missing persons cases are the result of a person meeting a violent end. As “the crossroads of America,” Indianapolis experiences a moderate to high level of human trafficking. One of the most complex issues in human trafficking is tracking traffickers across multiple jurisdictions as they transport victims from city to city. Law enforcement can often be handcuffed by jurisdictional issues, but private investigators use their autonomy to pole vault over this red tape in pursuit of leads that might otherwise go cold. Due to his experience in complex missing persons investigations, private investigator, Thomas Lauth has worked with Interpol, the Federal Bureau of Investigation, the U.S. State Department, the U.S. Consulate and other foreign embassies on a myriad of cases, including human trafficking.
Indianapolis private investigators are not limited to cases of violent crime and missing persons, however. Every major metropolitan area will always have cases dealing with infidelity or child custody, but private investigators based in Indianapolis have ample opportunity to service local businesses with their skill-set. Indianapolis is home to a diversified body of businesses, but its five top industries are:
- Real estate
Many business owners—especially small business owners—often are not aware of how a private investigator’s services can protect, or even save, their companies. Every business needs valued employees, and finding the right person can often be an arduous task. The candidate might be qualified, but how much about their record can be independently verified? Hiring a private investigator to do background checks for employees will ensure that any verification of their qualifications will be vetted. In the wake of the #MeToo movement, many employers are making independent background checks a regular step of their hiring process in order to weed out potential predators in their workforce. All types of business can experience the full spectrum of employee theft (from vanishing office supplies to full-on embezzlement), violation of non-compete agreements, and offenses under the umbrella of employee malingering, including FMLA abuse. The independent involvement of a private investigator in the investigation of any employee misconduct will lay a strong foundation for any HR or legal consequences, ensuring that the investigation is thorough and objective from beginning to end. Kristen Justis, the Managing Director of Client Relations for Lauth Investigations International, commented on the role Lauth can play in bolstering local business, “We have a wealth of opportunities to help private citizens every day. We help frantic parents find their missing child, or put a spouse’s suspicions of infidelity at ease, but those are the cases that sensationalize this industry. Many business owners are not aware of how the services we offer can go a long way towards extending the longevity of their businesses.”
Every major industry operating in Indianapolis can rely on the services of a private investigator to protect their business—not just from its own workforce, but potential consumers as well. Finance, insurance, and real estate of all kinds can benefit from a comprehensive vetting of a consumer after their request for services. Financial institutions and insurance brokers may check a consumer’s credit, but a full background check on an applicant can sharpen the big picture when making a cost-benefit analysis regarding any transaction. In the housing industry, any landlord renting or leasing their property can be fully informed about their tenants when they employ a private investigator to run a background check. An analysis of Indianapolis’s economy by the Indianapolis Business Journal concluded that the apartment booms the city experienced were driven largely by empty-nesters and childless millennials, projecting that it would only continue to grow.
Indianapolis already has a national economical reputation for developing and sustaining niche markets, such as the market around motorsports and auto-racing. As the metropolis continues to grow in population and economy, so will the opportunities for Indy-based private investigators to support their community.
Carie McMichael is the Communications and Media Specialist for Lauth Investigations International. She regularly writes on missing person and investigation topics. For more information, please visit our website.
Employee misconduct in the workplace can have a toxic effect on morale and productivity, which often incentivizes employers to resolve the situation quickly. These days, there are clear benefits to getting out in front of any misconduct complaint as movements like #MeToo have employers scrambling to vet their workforce so they can identify predators before scandal or evidence of misconduct can become public. In a surveillance culture where both bad behavior and good behavior are fodder for a good viral news story, employers everywhere are starting to understand the value in properly handling a corporate crisis. But in their haste to resolve the situation, are employers handling internal investigations properly?
Regardless of the type of business and type of misconduct, (sexual harassment, drug-trafficking, theft, etc.) the first instinct where there is a whiff of employee misconduct is often to keep the information very close to executives. As with any investigation, the controlled release of information has an investigative advantage in identifying the true culprits of any misconduct. This is the beginning of employers remaining too close to the situation. It’s not unusual for a well-meaning employer to appoint themselves as the head of the investigation—but this presents a huge conflict of interest. As a person with a great deal to lose, the employer is, by their very nature, biased and an unbiased investigation is the foundation for anything built on an employee complaint. Without the use of an external investigator, the case loses integrity.
Hiring an external investigator, like a licensed private investigator, will bring a flattering layer of transparency to any workplace investigation. First and foremost, a private investigator is an independent third-party. Having no personal knowledge of the employees involved—and therefore having no preconceived notions about them—means they can truly approach the case from an indisputable place of objectivity. The employer’s personal knowledge of their employees disqualifies them from such objectivity. Whatever the misconduct du jour, they might never suspect their trusted personal assistant, their senior manager, or their business partner—all individuals with extensive access to company information and property. However, a private investigator will vet this list of possible suspects in search of the truth.
When an employer is unsure of how to proceed when investigating workplace misconduct, it seems like a no-nonsense solution to let the lawyers handle it. And it can often make sense, as they will be fielding any litigation that surfaces. In-house counsel might feel it’s under their purview for the same reasons, but this is very misguided. The lines of their capacities as both in-house counsel and investigator cross one another, thus creating another conflict of interest. While there are states like New York that allow attorneys to act as private investigators without a license to do so, this is still not recommended. Witnesses within the company will likely have anxiety about speaking to the company’s lawyer, and might not be as forthcoming with pertinent details. Leads suddenly begin pancaking into dead ends as nervous employees become less cooperative. Private investigators have the advantage in this situation, as they are not representatives of the individual’s employers in any capacity, and have no power to fire them. It’s the same advantage private investigators have over law enforcement because they have no powers of arrest.
The documentation provided by a private investigator is invaluable to workplace investigations. After all, many reports not handled to the satisfaction of the complainant often lead to legal action, the most common example being the more familiar story of sexual harassment in the workplace: An employee alleges sexual misconduct against another employee. Both parties are interviewed. The interviewer does not tape the interview nor take notes. After a shoddy investigation, the complainant decides to sue the company for negligence. Another common example is the case of an employee who is hastily terminated for FMLA abuse or malingering before the company conducts a thorough investigation.
Not only are paper and ink expensive, but filling out and preparing reports is time-consuming—time that would be better spent trying to improve your business. Private investigators keep meticulous records, just like law enforcement, of all witness statements, evidence, surveillance, and relevant information to the case. This will go a long way towards addressing the complaint after the PI has issued their solution. It’s a perfect package: The investigation is chronicled from beginning to end, all of the relevant information is accessible, and best of all, it was conducted, prepared, and presented by a completely objective, independent third-party. The same third-party can also offer testimony in any court case that might result from the investigation.
Whether you’re investigating sexual harassment allegations, drug-trafficking, theft, or any complaint of employee misconduct, make the proactive choice of hiring a private investigator. It’s the strongest first step you can take in any internal workplace investigation. From the beginning, the investigator will be an impartial, unbiased eye whose only loyalty is to the truth. This kind of due-diligence will go a long way towards demonstrating you, as an employer, have heard the complaint, taken it seriously, and are only interested in what actually occurred. The solution will not be based on pre-conceived notions of colleagues, or biased assumptions, but independent deduction and well-documented evidence. And even if the investigation comes to a less than amiable termination, the foundation laid by the private investigator will protect your business from litigation.