Internal Investigations

Kostelanetz & Fink, LLP has extensive experience handling internal investigations.  We are often called on by organizations in need of an independent inquiry and analysis of alleged misconduct, or in need of a process to identify flaws within an organization’s operations to develop solutions internally, before they become problems externally.  As a boutique firm, we have the ability to quickly assemble a seasoned team to investigate matters quietly and efficiently, and to report our findings and recommendations objectively.  We have conducted a diverse variety of investigations for all types of organizations, including foreign and domestic financial institutions, large, medium and small companies, non-profit organizations, and corporate boards of directors.  We have also handled investigations with a global scope and have conducted interviews and gathered evidence abroad.   

Some of our assignments have included: 
  • An internal investigation of a not-for-profit affordable housing developer with respect to suspected embezzlement by an employee.  Obtained evidence of embezzlement that formed basis of employee’s termination and subsequent prosecution by the Manhattan District Attorney’s Office.  Recommended improvements to client’s internal policies and procedures aimed at preventing and detecting theft, waste, fraud and abuse.
  • An internal investigation of a quasi-governmental corporation into allegations of embezzlement and other misconduct on the part of several employees.  Investigation resulted in termination of one employee and implementation of recommendations for improving client’s policies and procedures aimed at preventing and detecting theft, waste, fraud and abuse.
  • An internal investigation of a nonprofit organization’s operations to determine whether it was in compliance with a government contract relating to job placements.  We conducted employee interviews, reviewed documents, and reported to the Board of Directors on our findings.  We also represented the client in connection with various subpoenas and governmental inquiries.  
  • Internal investigations of several financial institutions based in Switzerland in preparation for presentations to the Department of Justice concerning the institutions’ compliance with U.S. tax laws.  Our team conducted interviews in Switzerland of bank employees and reviewed voluminous complex financial data.
  • An internal investigation for an international, privately-held company concerning sexual harassment/discrimination allegations involving a senior executive.  The investigation was consistent with the Supreme Court’s employment law standards in Burlington Industries, Inc. v. Ellerth and Faragher v. City of Boca Raton. 
  • An internal investigation of a major engineering contractor into allegations that a former government employee conspired with company employees to manipulate cost projection data on a public works project. 
  • An internal investigation and report to the Board of Directors of a publically-traded financial company in connection with SEC and IRS compliance.  The investigation was consistent with best practices after Dodd-Frank and Sarbanes-Oxley.   
  • Numerous internal investigations related to corporate tax compliance, including a large real estate developer with a multi-million dollar cash payroll, a private equity fund’s tax reporting compliance, and a pre-IPO tax compliance review for a major defense contractor. 
  • An internal investigation of a non-profit organization with regard to whether a former employee had violated the organization’s contract with a large municipality.
  • An internal investigation of a trust and estates law firm after it was discovered that a partner had stolen from a trust fund under the firm’s supervision.