When gaps appear in corporate accountability, can private investigators step up to conduct an independent corporate investigation?
The White House reported last week that it will be taking steps towards minimizing investigations into corporate misconduct and reducing a government agency’s ability to open more than one probe into a single company concurrently. While independent agencies such as the Federal Reserve, Securities and Exchange Commission, or the Federal Communications Commission, those agencies might still be susceptible to enforcement by an executive order from the president.
A spokesperson for the White House budget office, an umbrella for the Office of Information and Regulatory Affairs, has declared on behalf of the proposed action that “These principles protect both individuals and small businesses while at the same time enforcing the law against wrongdoers. Providing a fair process of all Americans is what’s at the heart of this executive order.”
While it’s true that a corporate investigation can consequently devastate a small company, the entities that will receive the most protection under this proposed action would be larger businesses and Fortune 500 companies. Corporations of all sizes can always benefit from an independent corporate investigation conducted by an objective third-party. In pursuit of truth, independent or private investigators can illuminate the unseen machinations of any corporate investigation. Regardless of the intention of the proposed action, one of the ultimate consequences is that there will be less corporate oversight throughout the United States, allowing pervasive issues to continue harming the corporation or organization from within. As employees, upper management, and consumers alike demand investigation and/or accountability for the wrongdoings in any given corporation or organization, there will be an intelligence vacuum, in which private investigators can use their skillsets to bring context to complex corporate investigations.
This proposed action may potentially protect businesses from malicious litigation or malicious whistleblowing, but it also erodes the voices of employees and consumers with legitimate concerns who cannot be heard otherwise. One of the greatest benefits of government oversight into any matter is that the government has the most resources and financial support available to properly regulate and enforce policy. Restricting the government’s ability to investigate internal issues that are impacting the workforce or the public means that pervasive issues will easily slip through the cracks and continue to inflict varying degrees of harm. The only recourse an employee or consumer might have at that point is an independent corporate investigation.
An independent corporate investigation is best conducted by a person who is not in any way associated with the corporation in question. While risk assessment firms are also known for conducting similar independent corporate investigations, private investigators are another type of professional who might be able to get answers in times of corporate crisis. Private investigators can diversify their services to meet a variety of intelligence needs, and some private investigators choose to specialize in only a handful of investigation types. Whether the private investigator diversifies or specializes, many private investigators may be missing out on opportunities to apply their investigative knowledge to corporate investigations in a way that can improve businesses from within to better their local economy, and affect change for larger corporations with a national reach.
Through their licensure by the state(s) where a private investigator practices, they have access to a wealth of information through verified databases similar to those used by law enforcement every day. Private investigators can use only a few details about a subject or subjects to generate a full background check on an individual or a corporate entity in order to have all the facts relevant to the case. For an independent corporate investigation, a private investigator can view items on employees and consumers such as criminal history, address history, credit history, and litigation history, and contextualize those items for the investigation. Through these databases, private investigators can also look up information about a corporate entity and garner relevant facts regarding its past actions, behaviors, and litigation.
Two of a private investigator’s most prolific and well-known talents are surveillance and undercover operations. When it comes to an independent corporate investigation, the ability to operate under the radar is crucial. In pursuit of truth, subjects in these type of investigations must not be aware they’re being watched. A private investigator knows how to blend in with a crowd or become part of the background of day-to-day life. Private investigators can wire themselves with surveillance technology, and seamlessly assimilate into a workplace in order to document daily internal operations. They can speak with witnesses and develop a rapport that ingratiates the witness to reveal relevant information. Through these intelligence operations, the private investigator is able to objectively document subjects in the work environment.
Because private investigators are typically independent from any law firm or government agency, their fact-finding also carries some additional transparency that is invaluable in an independent corporate investigation. This reduces the impact of any “they-said-they-said” narrative introduced by counsel in any consequential litigation. With even less government oversight on corporations in the United States, private investigators are ideal professionals to bring crucial context to the unheard problems within their structure.
Private investigators by their very nature have a proclivity for transparency and problem-solving. As the old adage goes, “knowledge is power.” Through private intelligence, private investigators can bring light to malignant situations that rot corporate culture and hurt public relations. In pursuit of the truth, they apply their methodology to multi-faceted, complex situations to get answers for their clients. Private investigators who do not currently offer corporate investigation services might be missing out on opportunities to expand their professional network and apply their services in new ways. Even small firms or singular private investigators contracting their services could apply fact-finding, surveillance, and undercover operations to investigate corporate misconduct. In this way, private investigators can fill in the gaps that can occur in corporate oversight and accountability.
The private investigators at Lauth Investigations International are dedicated to providing our clients to make empowered decisions in a complex business world. Our diverse list of intelligence services can be designed to fit the investigative needs of our clients. Call 317-951-1100 or visit us online at lauthinveststg.wpengine.com.
When someone owes you money, no one ever said they had to make it easy to collect. Debtors have been developing new ways to dodge their debts for as long as anyone can remember. In turn, collectors across all industries have had to develop methods of collection to prevent people from hiding an asset. One of a collector’s greatest assets in this modern age is an independent private investigator. While collectors deal with the paperwork, private investigators do the legwork, using proven methodology to unearth the hidden assets of debtors in arears.
Private investigators work with some of the same tools and
the same methodology as law enforcement when looking for debtor assets. As part
of their licensure, private investigators have access to verified databases
that allow them to develop comprehensive, cross-referenced background profiles
on a Subject in any investigation. Private investigators have diverse
experience in analyzing a person’s criminal, financial, address, and litigation
history in order to build a contextualized picture of a debtor’s circumstances.
Private investigators can unearth unseen assets like property, financial
accounts, vehicles, and other valuable assets that have been previously
concealed. Human sources are less common in asset searches, but private
investigators also have the training to build rapport and garner testimony from
relevant human sources in the case. Private
investigators are also highly skilled in obtaining and reviewing litigation
records to document a debtor’s history of litigation in a court of law. Pervasive
lawsuits, especially involving large judgements, can be a red flag in an asset
search investigation.
Social media has become a more valuable resource than ever
in many types of investigations. The amount of information people unwittingly
give away on social media is staggering. Private investigators can get
information about the sale of personal belongings, photos of assets like
property and vehicles, and can document the type of lifestyle a debtor is
currently enjoying—like lavish vacations or expensive home renovations. Private
investigators carefully document their findings to compile into a thorough
report for the client as another building block in their case against the
debtor in arears.
If you’re a collecting party trying to reap your due, don’t
hesitate to reach out to private investigator for a quote on their asset search
services. Through open-source intelligence and transparent investigation
methods, private investigators can get to the bottom of a debtors hidden
assets.
John Stumpf has been slapped with the largest fine ever levied against a single individual in litigative history.
The Office of the Comptroller of the Currency, a division of
the Treasury Department in the United States, has finally stuck a blow against
one of the most reckless financial institutions in the nation, Wells Fargo. This
federal department has linked a former chief executive of Wells Fargo with compulsion
on the part of leadership to encourage Wells Fargo employees to set up
fraudulent accounts that would hold extracted fees from customers.
John Stumpf, the former executive in question, has been
slapped with a monumental fine totaling approximately $17.5 million. The extent
of the misconduct was so severe, that the OCC also banned Stumpf from the
banking industry for the rest of his life. He was not alone—a former head of
banking at Wells Fargo, Carrie Tolstedt is also facing a fine of $25 million.
The Office of the Comptroller of Currency has also issued a
notice which argues that Wells Fargo has engaged in toxic business practices
over the last ten years, compelling employees to exhibit “serious misconduct”
in order to meet “intentionally unreasonable sales goals.” The notice went on
to say that the corporation operated within an environment of malignant
leadership, indicated by “…an atmosphere that perpetuated improper illegal conduct.”
Wells Fargo’s head of corporate investigations testified
before the Office of the Comptroller of Currency, informing them that there was
hypervigilance on part of leadership with regards to sales quotas, but
lethargic oversight with regards to illegal sales practices. It was apparent to
the corporate investigator that leadership was indifferent to how
employees met sales quotas, as long as those quotas were consistently met.
Lower-level employees were made accomplices—single cogs in a large clockwork
corporate fraud.
As the saying goes, “the fish stinks from the head,” and the litigative implications of these proceedings have indicated Wells Fargo reeks of poor corporate culture. Regardless of whether or not it is healthy, corporate culture moves in a cycle, with cause-and-effect factors that can often be traced back to leadership. Not only should leadership be an example for the entire corporation, but their interpersonal conduct within the workplace directly effects their employees’ engagement and productivity. Executives who impose unreasonable or unattainable goals on their employees are setting them up for failure, absolving themselves from responsibility when goals are not met. This leads to a toxic, high-pressure work environment where employees don’t just feel unsupported, but also devalued in the eyes of their employer. Employee engagement goes down, and consequently, so does productivity. This frustrates leadership, which then reacts by tightening their grip, beginning the cycle anew. If your corporation experiences persistent problems with leadership misconduct, it’s definitely time for a corporate culture audit. Corporate culture audits are like checkups for your business. Independent investigators come into your business and evaluate all operations—communication, record-keeping, hiring processes, and employee engagement. They identify the cause of these malignant symptoms and provide the corporation with expert recommendations that will ultimately propel their organization forward. If your corporation needs a corporate culture audit, call Lauth Investigations International today at 317-951-1100 to get a free quote, or contact us online at www.lauthinveststg.wpengine.com
The National Law Relations Board reverses controversial position on internal investigations.
Employers across the country have operated in a sea of gray area when it comes to confidentiality among employees regarding internal investigations. The question remained whether or not employers were able to require employees to keep internal investigations internal while they were in full swing. Prior to the new year, the National Labor Relations Board (NLRB) finally answered that question.
Previously, the National Labor Relations Board (NLRB) had
taken a position that employers could not require employees to keep ongoing
internal investigations confidential because it generally violated labor law. Section
7 of the National Labor Relations Act guarantees employees “the right to
self-organization, to form, join, or assist labor organizations, to bargain
collectively through representatives of their own choosing.” Universal
requirement of confidentiality could potentially interfere with that law.
Confidentiality in internal investigations was instead dealt with on a
case-by-case basis, with no precedent for blanket confidentiality. This topic
has been in review by the NLRB since May of 2019, but it was only recently that
the board announced that they had reversed their position.
By their very nature, internal investigations are already a big headache for many employers. Further compounding these frustrations is the ideation that no internal investigation can generate meaningful results unless the integrity of the internal investigation is maintained by all employees of the corporation or organization. This new standard of approval by the National Labor Relations Board is a categorical win for employers. The win comes down to one word—duration. In articulating their decision, the majority wrote,
“There are obvious mutual interests to be served by encouraging and allowing employees to report wrongdoing without fear of reprisal from the subject of the investigation. Among other considerations, such reporting promotes the goals of the antidiscrimination statutes by helping employers eradicate workplace discrimination and deal with it promptly and effectively when it occurs.”
This articulation is indirectly evocative of the cycle of
corporate culture, a process by which cause and effect on the parts of both
leadership and employees in pursuit of improved operations leads to a healthy
corporate culture for the entire workforce.
While there are concerns that the future of this reversal
may affect an employee’s ability to organize, the projection of this reversal
is very good news for internal investigations. In any investigation, the
control of information is critical to finding solutions to the corporate
crisis, allowing investigators to use tried-and-true methodology to get to the
root of the problem. With the NLRB finally taking a position that allows
employers to require confidentiality, the integrity of those internal
investigations can now be maintained from the onset, leading to clearer
solutions for the pervasive issues that malign corporations and organizations.
Corporations and institutions with relative high visibility have a lot to lose when internal misconduct is exposed. If you are an institution, such as a school, prison, or government body, internal misconduct can strongly shake the public’s confidence in how that misconduct will impact the groups and communities being served. Embarrassing, pervasive issues, such as a business party culture, can really drive down faith in your brand. If you’re a large corporate chain, such as Walmart, or McDonald’s, your corporate culture is subject to criticism from current/past employees, with heavy emphasis on how that corporate culture effects both productivity and the workforce.
Just one week after ringing in the new year, McDonald’s current CEO, Chris Kempczinski, has announced that he plans to bring an end to the business party culture embroiled in their corporate atmosphere. According to The Wall Street Journal, Kempczinski, “…is seeking to restore a more professional culture at McDonald’s after what some current and former employees described as an environment influenced by his predecessor’s late-night socializing with some executives and staffers at bars and flirtations with female employees…” This business party culture was pervasive. His predecessor, Steve Eastbrook, was terminated in November of 2019 after he confessed to having a relationship with an employee. What is particularly problematic about these circumstances is that healthy corporate culture begins with leadership. When leadership behaves ethically within the organization, employees are more likely to follow that example. When executives, managers, and supervisors are not held accountable for bad behavior, it sends a message to the rest of the organization that poisons the well of corporate culture.
But inappropriate personal conduct is not the only challenge
currently facing McDonald’s culture. Strains imposed by the franchises’
renovation program has franchisees challenging their relationship with the
corporation. In addition, unions are still reeling from a decision handed down
by a national union-organizing supervision board, which states that the
corporation will no longer be liable for labor violations committed by its
franchisees. Labor advocates who made their concerns apparent to the board were
ignored, and the decision came down with a 2-1 vote. In the background,
employees continue their cause of “Fight For 15,” in reference to their desire
to have McDonald’s starting wage raised to $15 per hour.
Kempczinski’s promise to diffuse a business party culture within the corporation is a promising start—however, in order to make meaningful changes to the corporation, there needs to be a top-to-bottom evaluation of internal processes, and of the behavior exhibited by leadership—both in the public view and behind closed doors. That is why so many institutions and corporations are subjecting their internal operations to a corporate culture audit to ensure that they won’t be caught unawares about the debilitating, pervasive issues within their organization. Regardless of quality, corporate culture moves in a cycle. The actions of leadership filter down through the workforce, influencing productivity and engagement from employees. Employees either contribute positively or negatively to the corporation as a result of that leadership, and that leads directly back to leadership in a supervisory capacity. For the sake of a long-beloved American corporation, let’s hope that Kempczinski follows through on his promise for change.
