Martin Milita works as senior director of Duane Morris Government Strategies LLC in Trenton, New Jersey. Before joining the firm, he co-founded and served as managing partner of Holman Public Affairs, LLC. At Holman, Martin Milita frequently counseled companies during internal corporate investigations.
Internal corporate investigations are a common practice among businesses. These investigations help companies address issues ranging from small, contained problems with staff to large costly violations deriving from criminal activity. As part of the investigation process, companies work toward identifying facts that provide a foundation to move forward, mitigating the effects of the offending act, maintaining compliance, and creating transparency that deters future incidents.
To achieve these objectives, businesses should implement best practices for conducting witness interviews. Witnesses provide valuable information for resolving cases. Covert investigatory practices may allow businesses to recover more facts about a situation. Covert investigations involve “drop-in” interviews that provide witnesses little to no time to rehearse answers, reducing practiced or fabricated responses that can diminish an investigator’s ability to uncover the truth.
Furthermore, an effective internal corporate investigation is achieved by anticipating witness concerns. Preparing a response in advance to questions of consequences, such as employment status following the investigation and confidentiality, ensures that no information is misrepresented by the counsel.