Corporate Investigations, Corporate Justice and Public-Private Relations

This book seeks to understand the investigation and settlement of employer/employee disputes within companies. It argues that there is effectively no democratic knowledge about, or control over, corporate security, due to companies' preference for private, out-of-court settlements when faced with norm violations raised by employees. This book fills the knowledge gap by providing an overview of the corporate security sector including legal frameworks and an analysis of the role, and powers of, private investigative services, inhouse security, forensic accountants and forensic legal investigators. It draws on close observation, case studies and interviews with practitioners in and around the industry. Corporate Investigations, Corporate Justice and Public-Private Relations also looks at public/private relationships in this sector to propose policy remedies applicable to all corporate security providers, regardless of the disparate professional backgrounds and skill-sets of their staff.

Auteur
Clarissa Meerts is Assistant Professor of Criminology at the Vrije Universiteit Amsterdam, Netherlands. Her research interests primarily include corporate investigations, corporate settlements, public-private relationships, white-collar and financial crime and organised crime.

Contenu
Preface and acknowledgements1. IntroductionIntroduction1. Defining core concepts2. Some theoretical notions on private security, corporate investigations and private-public relations2.1 The over-burdened state privatisation, responsibilisation and junior partner theory2.2 The growth of mass private property multilateralisation, nodal theory, anchored pluralism and loss prevention theory2.3 An assessment of traditional private security theories2.4 Juridification the exploitation of the dark number of economic crime2.5 Recapitulation and beyond: a public-private continuum3. Methodology3.1 Interviews3.2 Observations3.3 Case studies3.4 Some methodological reflections3.4.1Internal and external validity3.4.2Internal and external reliability3.4.3Trust access and confidentiality3.4.4Getting captivated the role of the researcher Book structure

2. Legal frameworksIntroduction1. General rules and legal frameworks for investigations1.1Privacy legislation1.2The Civil Code (BW) and anti-money laundering legislation (Wwft)2. Private investigation firms those with a Wpbr-permit3. In-house security departments4. Forensic accountants5. Investigators with a legal background forensic legal investigators6. The selling propositions of the different types of investigators6.1Background and specialist knowledge6.1.1In-house investigators6.1.2Private investigation firms6.1.3Forensic accountants6.1.4Forensic legal investigators6.2Rules and ethics and position regarding the client6.2.1In-house investigators6.2.2Private investigation firms6.2.3Forensic accountants6.1.4Forensic legal investigators6.3The matter of forum shoppingDiscussion
3. Corporate investigationsIntroduction1.The setting of corporate investigations client centeredness2.Preparation for the investigations3.Gathering information investigative methods leading up to confrontation3.1Internal documentation 3.2Internal systems3.2.1 Communications and data carriers 3.2.2 Other internal systems3.3Open sources 3.4Other sources4.The interview: confronting the involved person4.1The interview process4.2Phases in the interview process5. Reporting on the investigations5.1The adversarial principle5.2Complaints proceduresDiscussion
4. Corporate settlementsIntroduction1.To report or to not report, that's the question1.1 Considerations against reporting to the authorities1.2 Considerations in favour of reporting to the authorities1.2.1Strategic considerations1.2.2Normative considerations1.2.3Timing of law enforcement involvement2. The civil suit2.1The civil suit to terminate a labour agreement2.2The pro forma procedure2.3The Enterprise Court 2.4Some differences between criminal justice and civil court proceedings the use of evidence3. The settlement agreement: a court-free arrangement4. Internal sanctions as a solution4.1Internal sanctions: disciplining the employee4.2Termination of the labour contractDiscussion
   5.Public-private relations as coexistenceIntroduction1.Formal structures of coexistence: covenants and public/private partnerships</d...