News

On Friday 15 September the Attorney General published a Call for Evidence regarding the impact of social media on the administration of justice which will run for a 12 week period.

The Call for Evidence will consider the impact of social media on the administration of justice.  Following the case of R v F, D ex parte British Broadcasting Corporation and eight other media organisations [2016] EWCA Crim 12 in which the jury had to be discharged due to the number of adverse comments on social media, Sir Brian Leveson asked that the Attorney General, in his role as guardian of the public interest, analyse the impact of social media commentary on court proceedings in order to inform an assessment of whether any further measures are required.  The Attorney considers that a Call for Evidence, seeking views from across the criminal justice landscape, will best assess the risks arising from social media to the fairness of criminal trials, the right to anonymity of victims and the integrity of judicial orders in criminal proceedings.

The Call is directed primarily at the judiciary, criminal law practitioners, and victim groups.

Link to the paper here: AG Call_for_Evidence__Final_

UK Regulator, FCA, Rejects Experienced Compliance Officer Over Competency Concerns

The Financial Conduct Authority refused to approve a compliance officer for an online trader despite almost 20 years of prior experience.

Rupert Nathan worked for Goldenway Global Investments. The firm’s main business is selling foreign exchange and commodity products to retail clients.

He applied to the FCA for approval to perform compliance oversight and money laundering reporting officer roles.

In a final notice dated August 21, the FCA said:

Mr Nathan failed to demonstrate a detailed knowledge and understanding of the implications of the Firm’s operating model, the money laundering and financial crime risks faced by the Firm and the processes that need to be put in place at the Firm satisfactorily to address those risks. Specifically, it was Mr Nathan’s failure to satisfy the Authority that he could proactively identify and manage the relevant risks in performing the Refused Controlled Functions which caused the Authority to have concerns about Mr Nathan’s competence and capability to perform the Refused Controlled Functions.

The FCA also said Nathan didn’t convey “an adequate understanding of the difficulties in assessing the appropriateness of transactions for customers inherent in the Firm’s business model . . . ”

The full report courtesy of the FCPA blog can be viewed here: http://www.fcpablog.com/blog/2017/8/25/uk-regulator-rejects-experienced-compliance-officer-for-comp.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+fcpablog%2FsLbh+%28The+FCPA+Blog%29

Do you participate in fact-finding workplace meetings?

Have you ever been asked to conduct a workplace investigation?

Have you ever had to make a business decision based on fact and detail?

Intersol Global are the world-leading experts in investigation and interviewing, working in partnership with any entity that relies on accuracy, detail, and facts to best inform critical decision-making.

Commissioned globally within financial services, audit, HR, legal sector, and regulators, we combine subject matter expertise, psychology, and non-technical skills to enable the:

  • addition of value and quality outcomes
  • mitigation of risk and enhancement of reputation
  • reduction in costs
  • improvement of staff confidence
  • total engagement of stakeholders

Developing practitioners who think and act proactively: preventing, rather than reacting to, the unwanted and potentially catastrophic.

By professionalising your today Intersol Global will become the chosen partner and provider of Extraordinary Case Management (ECM®) to protect your tomorrow. ECM® will become The Mark of Investigation Quality.

Should You Record Internal Investigation Interviews?

This article is prompted by a piece published by JD Supra and written by Michael Volkov, a former federal prosecutor, but also as I exit a workplace meeting at which a core dispute is what was said at a previous significant (life altering) meeting and reliant on a variety of note-taking methods and interpretations of recollections!

We will link to the article shortly but not before nailing ‘colours to the mast’ and responding “YES”, they should be interviewed as an accurate note-taking process.

That said, much easier to answer ‘yes’ than to subsequently manage the process although there are management strategies and tactics that can be deployed.

But first let me make the vulnerabilities of NOT recording clear.

Memory is vulnerable, it has limitations and frailties. With rare exceptions after circa 30 seconds of conversation (often less), working memory starts to become forensically corrupted and riddled with unreliability. There are undoubtedly occasions when inaccurate note-taking and memory limitations are fairly innocuous and insignificant but what about when a career, livelihood, reputation, or liberty (lives?) are at stake?

The article continues to list some ‘pros and cons’ of recording or not, one ‘con’ being illustrated in the following passage:

“Second, a company’s decision to record its internal investigation interviews eliminates a potential strategic benefit. When conducting an interview, an investigator may rely on intuitive judgments of credibility based on a witness’ mannerisms, body language and quirks. An investigator may exercise his or her professional judgment based on years of interviewing witnesses either as a law enforcement officer and/or corporate investigator to make important credibility judgments. The investigator’s credibility judgment will be set forth in an investigative memo recounting the interview and the basis for the investigator’s credibility conclusion”.

The observation and commentary continues:

“By recording witness interviews, the company opens itself to defense challenges against such credibility determinations. As a result, the company may not be able to rely on credibility determinations, some of which may be critical to resolving conflicting evidence”. 

Now this is a worry! Suggested reliance on ‘credibility determinations’ to inform decision makers and make life-changing decisions?

The only true way to resolve conflicting evidence is to examine it; to internally and externally evaluate it, NOT to rely on biases and flawed science when an individuals future is at stake.

Why the passion? being in the room with a rather naive corporate lawyer who expressed a view that if a workplace interview was recorded the account couldn’t be ‘manipulated’!

In conclusion – the only accurate note-taking is audio and or video recording and there are ways of tactically managing the process.

If detail, accuracy and facts are important to you or your company and its reputation, and you want to understand more please contact our experts at info@intersolglobal.com

Link and acknowledgements to full article here http://www.jdsupra.com/legalnews/should-you-record-internal-19924/

 

 

Do you participate in fact-finding workplace meetings?

Have you ever been asked to conduct a workplace investigation?

Have you ever had to make a business decision based on fact and detail?

Intersol Global are the world-leading experts in investigation and interviewing, working in partnership with any entity that relies on accuracy, detail, and facts to best inform critical decision-making.

Commissioned globally within financial services, audit, HR, legal sector, and regulators, we combine subject matter expertise, psychology, and non-technical skills to enable the:

  • addition of value and quality outcomes
  • mitigation of risk and enhancement of reputation
  • reduction in costs
  • improvement of staff confidence
  • total engagement of stakeholders

Developing practitioners who think and act proactively: preventing, rather than reacting to, the unwanted and the potentially catastrophic.

By professionalising your today Intersol Global will become the chosen partner and provider of Extraordinary Case Management (ECM®) to protect your tomorrow.

ECM® will become The Mark of Investigation Quality.

If you want to understand more how our team of award winning experts can add value to your business just call or email info@intersolglobal.com

Extraordinary Workplace Meetings and Conversations!

Ask yourself 3 questions:

  1. Do you have workplace meetings to reach decisions?
  2. Is it crucial that information from those meetings is factual, detailed, and accurate to best inform the decision-maker?
  3. Would you like to spend less time in unproductive meetings?

Answer – ‘NO’, click off!

Answer ‘YES’, then call or email us and we’ll prove how we can make you and your team better at the things you already do well.

Intersols team of world class experts can support your team to manage truly ‘extraordinary’ workplace meetings (conversations) that are objectively focussed, leave nothing to chance, and ensure continuing stakeholder engagement whilst preserving and enhancing reputation.

Our mission is to ‘Professionalise today, Protect tomorrow’, to intervene before you ‘fall off the cliff edge’ and suffer irreparable damages.

We’ve helped global banks, regulators, corporate lawyers, HR, financial services, and criminal justice, let us demonstrate how we can help you.

 

Curious?

Call or email for a no obligation, private and secure discussion about how we can add value to you and your organisation.

Reliable information – ‘The difference that makes the difference’.

Employment tribunal fees unlawful, Supreme Court rules

Fees for those bringing employment tribunal claims have been ruled unlawful, and the government will now have to repay up to £32m to claimants.

The government introduced fees of up to £1,200 in 2013, which it said would cut the number of malicious and weak cases.

Government statistics showed 79% fewer cases were brought over three years – trade union Unison said the fees prevented workers accessing justice.

The government said it would take steps to stop charging and refund payments.

The Supreme Court ruled the government was acting unlawfully and unconstitutionally when it introduced the fees.

Unison general secretary Dave Prentis said: “The government has been acting unlawfully, and has been proved wrong – not just on simple economics, but on constitutional law and basic fairness too.”

He added: “These unfair fees have let law-breaking bosses off the hook these past four years, and left badly treated staff with no choice but to put up or shut up.

“We’ll never know how many people missed out because they couldn’t afford the expense of fees.”

Full article courtesy of the BBC here: http://www.bbc.co.uk/news/uk-40727400

Intersol don’t ‘take sides’, their ethos is the open-minded and non-judgemental search for truth and justice wherever it lies and no matter how uncomfortable it may be on occasion.

Whether employer or employee what matters is accuracy, fact, and detail to best enable decision-makers to do their job.

Call for a free confidential and impartial discussion if we can help in any way.

 

New UK Law Creates Liability for Gross Human Rights Abuses.

In April 2017, the United Kingdom enacted the Criminal Finances Act which has created substantial new scopes of liability for companies engaging in business abroad.

Section 13 of the CFA expands the scope of the Proceeds of Crime Act to cover the international commission of gross human rights abuses against whistleblowers and human rights activists. This means that UK prosecutors can now use civil recovery procedures to freeze and then seize assets they allege are the products of gross human rights abuses (GHRA).

Link to full article courtesy of FCPA blog here: http://www.fcpablog.com/blog/2017/7/26/rogers-and-todorov-new-uk-law-creates-liability-for-gross-hu.html

 

Intersol CEO Invited to Speak at Annual IOSH Food and Drink Industry Conference

With renewed focus on food crimes and health and safety of the industry, Intersol CEO has been invited to address the annual conference of the industry on the topic: ‘Managing Difficult Conversations in the Food and Drink Industry’.

The theme of the conference is ‘Food for Thought’ and details are as follows:

Tuesday 10 – Wednesday 11 October, The Oxford Belfry, Milton Common, Thame, Oxfordshire, OX9 2JW

Conference brochure here: National food and drink manufacturing conference brochure 2017

 

What you must do if you suspect illegal activity in your business

Aziz Rahman, of award-winning business crime solicitors Rahman Ravelli, outlines the importance of the correct approach to investigating suspicions of business crime.

If a business suspects that a crime is being carried out against it – or even on its behalf, in cases of, for example, bribery and corruption – those suspicions must be investigated thoroughly.

If investigations indicate that crime has occurred, a business has three options:

  • Report the matter to the police.
  • Start civil proceedings against the person believed to have committed the offence, in order to recoup any losses.
  • Bring a private prosecution, under the Prosecution Offences Act 1985, against that person.

A private prosecution gives you more control over proceedings than a police investigation, can often cost less than civil proceedings and can deter other would-be offenders.

Civil proceedings, however, can be brought while also reporting the matter to the police or bringing a private prosecution.

Investigations

Before any option is chosen, the suspicions must be assessed by someone experienced in conducting thorough, informed internal investigations. This requires legal expertise and an ability to unearth evidence to get to the truth.

Whether it be theft, fraud, bribery, false accounting, money laundering or any other white-collar crime that is uncovered upon investigation, you need to know the course of action that will secure the best outcome for you and your business.

This requires a knowledge of business crime law; which is challenging, as it has been subject to much change recently. For example, the past year alone has seen two landmark court decisions affecting what internal investigation documents must be handed over to the authorities if a criminal investigation begins.

At Intersol we support the private sector by designing workplace investigation strategies and have been so employed in global banking, corporate risk management, regulatory, and GRC. Insufficient importance attached to accurate and detailed workplace meetings that will inform decision making. Increasingly clients have said, “You know what, please will you partner with us and guide us through the process”, indeed on occasion “Will you do it for us”. The latter option really does give transparency and independence!
Based in the NW but operating globally, we’re really keen to develop and support local businesses more. If we can help, take a look at us at http://www.intersolglobal.com

Full article courtesy of The Business Desk can be found here: http://www.thebusinessdesk.com/northwest/news/2006034-must-suspect-illegal-activity-business

 

 

Intersol delighted to appoint Philip Adlem as Commercial Director.

With 35 years cutting edge experience of sales and commercial management in the private sector, Phil is a fantastic addition to the senior management team at Intersol and a key appointment as the board implement their strategic plan.

For more information about Phil and the Intersol team see here: https://www.intersolglobal.com/about/