Fcpa Compliance Report

In an article in the Compliance and Ethics Professional Magazine, entitled “Foxes and henhouses: The importance of independent counsel”, Dan Dunne discussed what he termed a “critical element” in any investigation, which he denominated as “fair and objective evaluation.” Dunne wrote that a key component of this fair and objective evaluation is the WHO question; that is, who should supervise the investigation and who should handle the investigation? Dunne’s clear conclusion is that independent counsel should handle any serious investigation.  There are three reasons for a company to retain independent counsel for internal investigations of serious whistleblower complaints. First, André Agassi was right, perception is reality. This means that for any corporate ethics and compliance program to be effective, it must be perceived to be fair. If your employees do not believe that the investigation is fair and impartial, then it is not fair and impartial. Further, those involved must have confidence that any interna