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What We Do
We
provide investigational support to legal counsel in the
following areas:
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Fraud : Insider Trading, Bribery, Secret
Commissions
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Theft: Inventory, Data, Intellectual
Property
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Harassment - Sexual, Workplace
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Litigation: Wrongful dismissal, eDiscovery,
Anton Pillar Orders
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IT Forensics: Recovery of erased data, Email
analysis
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Workplace Substance Abuse
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Asset Tracing and Recovery
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Background Investigations
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Forensic Accounting
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Drug Awareness Training
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Workplace/Sexual Harassment Training
Who We Are
Our practice brings together qualified
investigative professionals, from a variety of disciplines, who
are able to provide a timely and effective response to workplace
issues, as and when they occur.
Our investigators are retired law enforcement
officers from the RCMP and municipal police agencies. They have
significant experience in conducting investigations in both the
private and public sectors and have conducted several thousand
suspect and witness interviews. They have also been qualified in
the Ontario courts as expert witnesses.
Our forensic IT professionals participate in
workplace investigations on a daily basis. They have the
experience and specialized training to conduct forensic reviews
of IT infrastructures and provide evidence in a usable form. Our
technicians are skilled in evidence gathering and are qualified
to testify as to the method by which it was recovered.
How We Do It
We have found that most workplace investigations
are conducted in two phases. The initial phase consists of the
following steps:
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Consulting with the client and external
legal counsel
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Taking appropriate action to remove or
sequester the employee(s)from the workplace in order to
limit the damage or loss
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Conducting interviews
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Gathering documentary and IT evidence
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Quantifying the damage or loss
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Preparing a report to justify termination or
discipline
In the second phase, once the employee has been
terminated or disciplined, we continue to support the client and
their counsel by:
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Conducting physical surveillance
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Tracing missing assets
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Liaising with insurance companies
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Supporting counsel in litigation to recover
assets
Although it is rare for clients to involve the
police, in the event that they wish to pursue criminal charges
against a former employee, we will liaise with law enforcement
and provide them with a comprehensive brief of evidence that
will minimise their need to re-investigate.
Common Mistakes
It has been our experience that many corporate
clients, when faced with a serious workplace misconduct issue,
typically make the same serious errors:
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Failing
to immediately seek advice from counsel
It is our practice to work directly with external legal
counsel on all investigations. We do NOT take any
investigative action until the client has consulted with
counsel.
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Conducting suspect or witness
interviews themselves
We have found that, when misconduct is reported or detected,
clients often take matters into their own hands, conducting
interviews and attempting to gather evidence on their own.
Interviews are the most important part of any investigation.
Conducting an interview without proper preparation or
training can have a negative impact on an investigation,
often creating problems that cannot be remedied.
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Using unqualified staff to conduct
forensic IT investigations
The analysis of laptop and desktop computers, Blackberries
or other devices, as well as client servers, is an intrinsic
part of most workplace investigations. We regularly
encounter situations where clients have tasked their own
in-house IT department with gathering evidence from these
sources.
In-house IT personnel usually have no knowledge of the
proper methods for gathering, preserving and analysing IT
evidence. Unless IT evidence is collected in the proper
fashion, there can be a loss of continuity and the evidence
can be tainted or destroyed.
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