| November, 2000 Volume 2 Issue 3 |
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| Corporate Law The Role of the Investigator Corporations and the attorneys who serve them would do well to pay all due regard to a principal normally associated with sports competition but loosely borrowed from the military:
Said another way, it's best to avoid a potential problem than it is to have to explain it to clients, customers, even the general public later. If it can't be avoided, the next best option is to confront it before it becomes fatal. As Firestone/Bridgestone has discovered, even the appearance of a coverup, if not the actual fact of a coverup, can be devastating. And the bigger the problem, the more likely it will inevitably be exposed. Not all potential corporate liabilities carry risks to life and limb, as in the case of Firestone/Bridgestone, but almost all do carry the risk of protracted and expensive legal defense work. And more often than we should be comfortable with, aggressive prosecutors these days are looking to find a basis for criminal charges, where, historically, civil action has been the primary consequence. The antidote: Private investigators who work with corporations and corporate attorneys know that there is no magic bullet against problems ranging from human error to outright misconduct; but we also know that much can be done, both before and after the fact, to diminish the likelihood that a problem will occur, or, if it occurs, to diminish the likelihood that it will be fatal. My staff and I often are called upon to investigate potential high-level executives, to analyze potential business/financial associations for possible problems, to probe issues of theft and embezzlement, to make threat assessments, and to provide security for personnel at risk. |
It's The Information:
Said simply, we are in the business of providing businesses with information… a basis for confidence that a judgment is sound, that decisions based on that judgment are correct, and that actions taken as a result of those decisions will be effective. Our clients have included major corporations, civil and criminal law firms, insurance companies, major governments, and public and private agencies at all levels. In Defense of Good Business Exhaustive personal and business background investigations can uncover information that minimizes the risk in hiring, contracting, and investment decisions. For example, concerning prospective hires, it's good to check out references, but it's never good to check only the references provided. Quite often, more can be learned from co-workers of a prospective executive employee than from the former employers. And it's often good to find co-workers other than those identified as references. Criminal records checks are important, but a trail of civil cases involving an individual or a prospective business partner often can be just as significant, sometimes more so. Access To Data: My office has access to the records of upper and lower courts across the country and most all Federal courts. We have the means to trace individuals in national records in order to identify jurisdictions to which inquiries can be filed expeditiously. It's common for businesses of all kinds these days to have a record of civil filings, but whether a business is the plaintiff or the defendant can be significant. So can the nature of the dispute. |
A business example:
A company that has a substantial history of court filings in order to obtain payment may have a problem delivering goods or services of a quality that avoids such actions, especially where countersuits are filed. A personal example: A prospective executive hire has been the subject of two or more domestic relations actions. This may only indicate bad personal decisions, but this also may indicate serious personal problems that otherwise would escape notice… that should be noticed… and that could have an impact on professional performance. A good investigator takes nothing at face value and knows that some things aren't always as they appear. That kind of investigative good sense can work to uncover the secrets that could threaten good business decisions. And that's just good business.  Discreet, Thorough, Accurate & Creative
24-Hours/7 Days a Week www.denverpi.com |