Notes for Navigating a Corruption Investigation

Dealing with unethical behavior and corruption inside your organization is challenging. It requires a mix of leadership, legal acumen, and emotional intelligence. During a crisis, executive, legal, and compliance teams should consider ways to ensure the investigation process acknowledges the human element of an investigation while maintaining integrity. Whether wrapping up an investigation or preparing for a day that never arrives, addressing corruption requires legal precision and emotional intelligence.

Stop and Assess

The instinct from leadership may be to react quickly, but in the long term, a bit of restraint will ensure the organization makes it through the crisis. One of the most important goals is ensuring the process is credible. There are a few key questions to start with:

• Is this an isolated issue or a widespread issue?

• Who is implicated in the issue, and what access do they have to the organization’s systems?

• Will you need a third-party investigator or outside counsel?

• Are there ways to immediately address damage?

Developing a solid answer to these questions will help ensure the response is credible and maintains the integrity of the outcome.

The Human Side of an Investigation

Corruption investigations impact the entire organization. The organization is experiencing a pivotal moment. Emotions may range from anger to anxiety. While it will not be possible to manage an organization’s worth of emotions, developing a process that does not hinder the organization will help ensure employees share critical information. One way to address the human side of an investigation is to provide clear and consistent communication.

Communication is key, even when it is impossible to share details. Leadership and compliance teams can be sure to:

• Acknowledge the concerns;

• Explain the next phase of the process; and

• Emphasize that integrity and fairness are essential to the investigation.

Navigating the Investigation

A corruption investigation requires both legal and emotional skills. Navigating this phase of the inquiry is where the relationships the compliance team has built will benefit the entire organization. Be sure that the feedback mechanisms continue to be forums to discuss ethics. This will help set teams up to continue cooperating and trusting each other after the crisis.

Navigating the Aftermath

Once the facts are clear and regulators are satisfied, the compliance team will continue their work. Navigating the aftermath of a corruption crisis will require teams to continue using their legal acumen and emotional intelligence. The aftermath of corruption is a make-or-break moment. How an organization responds to corruption is as important as the misconduct. The choices made during the investigation shape the outcome of the investigation and can redefine an organization. Decisions made during the investigation determine whether an organization survives and what kind of organization it is on the other side.

Weathering the Storm

A corruption crisis will challenge both systems and people. The storm will pass but will impact people, policies and relationships needed to continue the business. The goal is not just to survive the storm but to emerge stronger. Facing the crisis directly with clear communication, fairness, and using emotional intelligence will set the course for a more resilient and robust organization.

Michele Crymes

Anti-Corruption and Governance Expert