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ECS WG Investigations Meeting, 23 May: The Prosecutor’s Perspective on Internal Investigations

Recently, the findings of an internal investigation often triggered a criminal investigation or the opening of a criminal investigation led to an internal investigation. Investigation reports may considerably speed up a criminal investigation and support prosecutors because the relevant facts are already established by the company itself. At the same time, the cooperating company wants to protect its findings while the prosecutors want to avoid that internal investigators are “trampling the crime scene”.

Prof. Dr. Damian K. Graf, White Collar Crime Prosecutor, joined the Working Group Investigations to share his insights on internal investigations in a criminal context. Damian is not only a highly experienced prosecutor but has also extensively published about issues relating to internal investigations, such as legal privilege. Damian discussed questions such as the prosecutor’s wish list for investigation reports, self-disclosure via investigation reports and the seizure of investigation reports and interview minutes.