Tydings assists businesses, accounting firms, and other corporate advisors in investigating, and responding to, in a timely manner, allegations of improper or unlawful activity. We conduct investigations for clients for the purpose of establishing claims or defenses in pending or future litigation or advising clients in responding to improper activity. We also conduct independent investigations as a neutral party for the purpose of providing management or its professional advisors a basis for decision making.
As a part of the firm’s extensive employment and labor law practice, we regularly conduct investigations into complaints about harassment, discrimination, dishonesty, retaliation, payroll violations, and other workplace issues, both for the purpose of advising our clients and on behalf of defense counsel or other professionals needing neutral investigations. With the increase in laws prohibiting retaliation and/or requiring employers to take affirmative steps to prevent and correct workplace problems, a prompt and thorough workplace investigation enables a client or defense team to resolve or defend against complaints, assess and manage risk, or effectively develop litigation strategy, whether the need for the investigation arises in response to an internal complaint or at the onset of litigation. Investigations may include the development of an investigative plan, witness interviews, document and physical evidence review, and the preparation of an investigative report. Investigations of civil rights complaints filed with local, state, or federal agencies may also include preparation of the employer’s response to the agency and employer representation before the agency, if desired.
Corporate Fraud Investigations
We have extensive experience investigating allegations of fraud, corporate misfeasance, diversion of assets, and breaches of fiduciary duty in all kinds of business settings. We have performed investigations and prepared reports for clients in areas of bank embezzlements, management self-dealing, money laundering, waste of corporate assets, fraudulent investment schemes, and other corporate and fiduciary wrongdoing. We also have extensive experience in asset and transaction tracing. The following examples represent some of our investigatory work:
- Breaches of fiduciary duty under ERISA by board members of a national pension fund;
- Embezzlement and money laundering scheme perpetuated against a national HMO;
- Alleged misappropriation of corporate assets by board members of a national investment company;
- Violations of Foreign Corrupt Practices Act involving Fortune 500 companies; and
- Investigation of actions before governmental agencies of financial institutions and those controlling them.
Fraud and Compliance Investigations
Tydings’ experience in conducting complex internal investigations in corporate and other institutional settings includes:
- Internal investigation of suspected fraud by the CFO of a $100 million food distributor;
- Investigation and civil prosecution of a seven-figure fraud at one of the largest health care insurers, resulting in a recovery of nearly 90 percent of the amount taken, and resulted in multiple convictions when turned over to the FBI;
- Investigation of internal misconduct for a pension fund system;
- Investigation of allegations of improper conduct (including conflict of interest and bribery);
- Investigation into ultra vires acts of the president of a Maryland corporation, which led to litigation between the corporation and the president; and
- Investigation of various claims for a world-class university and teaching hospital, including one that experimental medical procedures had been performed without consent.
Investigation and Management Training
A prompt, thorough, and adequate investigation into any workplace matter is aided by the cooperation of appropriately trained management and staff. We therefore offer a full range of training services to prepare management for their role in the investigative process, including training and advice on conducting in-house investigations. Topics include the theory and purpose of investigations, the preparation of defensible files in the event of an audit, agency demand or discovery, and techniques for accomplishing in-house investigations.