If there is evidence of unlawful behaviour within a company, then it is the responsibility of management to pursue this and discover whether there is any risk of liability under criminal law. These days this usually takes place in the context of internal investigations.
In internal investigations achieving resolution discretely and without incurring damage to the company is key. For this to be possible requires considerable experience and a sensitive approach towards the specific situation of the company. Usually the investigation takes place via external counsel in accordance with internal procedures and responsibilities, in close collaboration with the legal and compliance department.
Electronic production of evidence has recently become extremely important in internal investigations. The inspection and evaluation of electronically saved information and above all internal and external email communication is thus in many cases the core part of the investigation.
With the assistance of specific IT forensics software, we are in a position to inspect even very large quantities of data in varying formats from a criminal law perspective; even data that has been deleted can be recalled. Thanks to our comprehensive knowledge of the law and our experience with internal investigations we can assess swiftly and unambiguously what data can be accessed without the company infringing the rights of third parties. At the end of the process you will have a well-founded evaluation and a precise appreciation of the risks which are relevant from a criminal law perspective. We can also develop prevention models in collaboration with management or where necessary provide legal support in investigative procedures.