Corporate Investigations, Corporate Justice and Public-Private Relations

Towards a New Conceptualisation
1. Auflage 2019
ISBN: 978-3-030-26518-2
Verlag: Springer

Buch, Englisch, 353 Seiten, Format (B × H): 148 mm x 210 mm, Gewicht: 486 g

Reihe: Crime Prevention and Security Management

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.

Zielgruppe

Research

Autoren/Hrsg.

Meerts, Clarissa A.

Fachgebiete

• Rechtswissenschaften Strafrecht Kriminologie, Strafverfolgung
• Wirtschaftswissenschaften Betriebswirtschaft Management Risikomanagement
• Wirtschaftswissenschaften Betriebswirtschaft Management Compliance

Inhaltsverzeichnis

Preface and acknowledgements 1. Introduction Introduction 1. Defining core concepts 2. Some theoretical notions on private security, corporate investigations and private-public relations 2.1 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 theories 2.4 Juridification – the exploitation of the dark number of economic crime 2.5 Recapitulation and beyond: a public-private continuum 3. Methodology 3.1 Interviews 3.2 Observations 3.3 Case studies 3.4 Some methodological reflections 3.4.1 Internal and external validity 3.4.2 Internal and external reliability 3.4.3 Trust – access and confidentiality 3.4.4 Getting captivated – the role of the researcher Book structure
2. Legal frameworks Introduction 1. General rules and legal frameworks for investigations 1.1 Privacy legislation 1.2 The Civil Code (BW) and anti-money laundering legislation (Wwft) 2. Private investigation firms – those with a Wpbr-permit 3. In-house security departments 4. Forensic accountants 5. Investigators with a legal background – forensic legal investigators 6. The selling propositions of the different types of investigators 6.1 Background and specialist knowledge6.1.1 In-house investigators 6.1.2 Private investigation firms 6.1.3 Forensic accountants6.1.4 Forensic legal investigators 6.2 Rules and ethics and position regarding the client6.2.1 In-house investigators 6.2.2 Private investigation firms 6.2.3 Forensic accountants 6.1.4 Forensic legal investigators6.3 The matter of forum shoppingDiscussion
3. Corporate investigations Introduction 1. The setting of corporate investigations – client centeredness 2. Preparation for the investigations 3. Gathering information – investigative methods leading up to confrontation 3.1 Internal documentation 3.2 Internal systems 3.2.1 Communications and data carriers 3.2.2 Other internal systems 3.3 Open sources 3.4 Other sources 4. The interview: confronting the involved person 4.1 The interview process 4.2 Phases in the interview process 5. Reporting on the investigations 5.1 The adversarial principle 5.2 Complaints procedures Discussion
4. Corporate settlements Introduction 1. To report or to not report, that’s the question 1.1 Considerations against reporting to the authorities 1.2 Considerations in favour of reporting to the authorities 1.2.1 Strategic considerations 1.2.2 Normative considerations 1.2.3 Timing of law enforcement involvement 2. The civil suit 2.1 The civil suit to terminate a labour agreement 2.2 The pro forma procedure 2.3 The Enterprise Court 2.4 Some differences between criminal justice and civil court proceedings – the use of evidence 3. The settlement agreement: a court-free arrangement 4. Internal sanctions as a solution 4.1 Internal sanctions: disciplining the employee 4.2 Termination of the labour contract Discussion
5. Public-private relations as coexistence Introduction 1. Formal structures of coexistence: covenants and public/private partnerships 2. Ad hoc relations and traditional theories 2.1 Junior partner theory revisited 2.2 Loss prevention theory revisited 3. A new coexistence theorisation of corporate investigations 3.1 Type A – Private to public information transfer 3.1.1 Private and public involvement as a sequence 3.1.2 Private and public involvement running parallel 3.2 Type B – Minor mutual information sharing 3.3 Type C – Coordination of actions 4. A closer look at information sharing 4.1 Ad hoc information sharing with the private sector: the importance of the prosecutor 4.2 Informal networks Discussion: public-private relationships and information sharing as a source of frustration
6. Discussion Introduction 1. The research questions The modus vivendi of the corporate security market Legality: the legal frameworks Autonomy and strategic tasking Public-private relations and the interests involved Theoretical and practical consequences of public/private coexistence Central research question 2. Corporate investigations as a semi-autonomous social field within a private legal order 3. Forum shopping within and across a private legal sphere 4. Control and accountability in the context of a semi-autonomous corporate investigation sector5. The myth of public-private turf wars – the matter of competition versus separation 6. Normativity and pragmatism in corporate investigations and settlements – a case  of non-contractual moral agency?7. Legitimacy and the common good 8. Policy implications 8.1 Governing corporate security – looking forward 8.2 Revisiting the cooperation mantra 9. Reflections – this research and beyond
References Appendices Appendix I - Table of interviewsAppendix II - Schematic of differences between corporate investigatorsAppendix III - Legislation and case law
List of Figures and TablesFigure 1. Schematic representation of ideal types in public/private relationships Figure 2. Corporate settlement solutions following corporate investigations Figure 3. Schematic representation of ideal types in public/private relationships (2)

Über Autor(innen)

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.