Filing Reports
An investigation can be a waste of time and money if it is not properly documented. Our reports are exemplary: detailed, clear, concise, unbiased, relevant and actionable. In fact, our managing partner Philip Becnel wrote Principles of Investigative Documentation, a book detailing the standards for how to document an investigation from start to finish using what he calls the Five Principles of Investigative Documentation.
Our investigators are experts at obtaining sworn declarations, affidavits and statements from witnesses. During a deposition, a witness’s testimony is recorded by video or stenographer. When our private investigators conduct an interview, you get nearly the same level of detail, but at a fraction of the cost and with much greater command of the questioning. Most interviews are conducted ex parte, and our reports note both the question asked and the subject’s response. The final report reads like a narrative of the entire interview, not unlike a court transcript. This style allows us to collect the greatest amount of information, including verbatim statements that can be used to impeach a witness should he change his story.
Throughout the process, our investigators take special care not to improperly infer what a witness means, as this can lead to grave misunderstandings that may ultimately hurt the case. We ask appropriate follow-up questions so there is no room for misinterpretation. The need to conduct follow-up interviews — while not unheard of — creates unnecessary costs and puts undue strain on our relationships with witnesses. We strive to get every interview right the first time.
We can also obtain declarations and verbatim statements. For declarations, we meet with witnesses after an initial interview, carefully review the document with them and have them sign it. We employ investigators who are notaries in every state where we operate, in case the court calls for an affidavit (a notarized declaration) format. For verbatim statements, which tend to be more detailed than affidavits and declarations, we take the statement immediately after an interview.Case study
Our superior documentation methods helped in a Sarbanes-Oxley (SOX) whistleblower case that alleged financial-statement fraud at a financial institution. To demonstrate both that our client had a good-faith basis to report the fraud and the pretextual nature of her termination, we interviewed several of her coworkers about the suspicious transactions and our client’s own efficacy. Because of budgetary limitations and a statutory filing deadline, we conducted the interviews over the phone over three days. All the while, our private investigator prepared meticulous reports that were sent to the client.
With the client’s approval, our investigator began preparing draft declarations, picking out salient elements of each report. After an attorney reviewed the drafts, our investigator set up meetings with each witness. These interviews occurred in our office, in restaurants and even at some of the witnesses’ homes. During each interview, our investigator carefully reviewed the document with the witness and, once a completely accurate portrayal of the events was reached, printed it out for the witness’s oath of affirmation and signature.