A Perspective On Interviews With Public Safety Employees

There is no published data on how frequently interviewees in workplace investigations respond to questions with, “I don’t recall,” or, “I don’t remember.”  However, most seasoned investigators would likely agree those phrases are far and away the words they hear most in interviews.  Amongst investigators who specialize in public sector investigations, there is a sense that one type of interview tends to elicit more “I don’t recall” responses than any other – interviews of public safety employees.  A cynical outsider to the world of public safety might rush to conclude this phenomenon…
Continue Reading “I Don’t Recall” – Part 1

Part Two[1]: Part One of this blog highlighted the two most impactful aspects of SB 2.  Specifically, SB 2 (1) provided substantial, new power to the Commission on Peace Officer Standards and Training (POST); and (2) significantly increased law enforcement agencies’ reporting obligations when faced with “serious misconduct” allegations.  In case you missed it, find it here.Part Two of this blog focuses on key, practical takeaways for investigators, internal and external alike.  Law enforcement agencies, and external investigators working with them, need to understand how key provisions of SB 2 will impact their investigations.  Do not get…
Continue Reading What Is Senate Bill 2 And Why Should Investigators And Law Enforcement Agencies Who Conduct Investigations Into Alleged Police Misconduct Be Paying Close Attention To Its Provisions?  

Recent statistics from the Association of Certified Fraud Examiners’ (ACFE) 2024 Report to the Nations highlight that organizations lose an estimated 5% of revenue annually to fraud. While internal controls and monitoring are essential first steps, engaging independent investigators can be crucial when potential fraud is detected. A recent investigation conducted by our firm helps illustrate why.The InvestigationAn organization retained our firm to investigate concerns that a director-level employee had made potentially fraudulent charges to the organization’s corporate Uber account. These concerns were first brought to the organization’s attention by a member of the finance team, who noticed unusually high…
Continue Reading The Need for Outside Investigators in Occupational Fraud: A Case Study on Misuse of the Corporate Uber Account

Part One[1]: Although Senate Bill 2 (SB 2) took effect January 1, 2022 (some of its provisions took effect at later dates, as outlined below), many law enforcement agencies (and outside investigators) are still becoming acquainted with its many new, impactful provisions.  Here, I highlight noteworthy provisions of SB 2 while also highly recommending giving SB 2 a close read before embarking on any Peace Officer misconduct investigations.  Do not sleep on SB 2!     The two most significant takeaways from the enaction of SB 2 lie in (1) the substantial, new power SB 2 conferred on the Commission…
Continue Reading What Is Senate Bill 2 And Why Should Investigators And Law Enforcement Agencies Who Conduct Investigations Into Alleged Police Misconduct Be Paying Close Attention To Its Provisions?

Occupational fraud remains among the most damaging threats to organizational assets and reputation. According to the Association of Certified Fraud Examiners (ACFE)’s latest Report to the Nations, organizations lose an estimated 5 percent of their annual revenue to fraud, with the median loss exceeding $8.3 million in cases involving senior employees. Investigating these frauds is particularly challenging because the perpetrators are trusted insiders who understand control systems and can influence evidence and witnesses. The Dixon municipal fraud, where a trusted employee embezzled $53.7 million over two decades, exemplifies how traditional controls can fail against sophisticated insider schemes.The critical first phase…
Continue Reading The Art of Investigating Occupational Fraud

This month’s VM Recommends brings us selections from Attorney Investigator, Devin Mikulka. What are your current book and podcast recommendations? I recently finished reading Supercommunicators, a book by Charles Duhigg, and have been recommending it to everyone I meet. The book is about how some people are gifted communicators— easy to talk to, able to connect with others, and the ones we turn to for advice. Duhigg suggests “supercommunicators” can recognize different types of conversation (practical, emotional, and social), and then subtly match their communication to the type of conversation occurring at that moment. Though we might think some people…
Continue Reading VM Recommends – Los Angeles Edition

In our prior blog post, “Build Bridges, Not Barriers,” we discussed how to make the most of an interviewee’s representative during an interview and ways to head off any potential friction in advance.  This blog post discusses some suggestions and options investigators have when a representative’s conduct crosses the line into disruptive behavior.  While the vast majority of representatives do not cross this line, these tips will help you if you ever encounter the rare exception.  #1 Offer To Treat Excessive Objections As “Standing Objections”Our previous blog post noted the importance of verbally defining the role of the representative…
Continue Reading A Bridge Too Far: Five Tips For Occasions When A Representative’s Conduct Becomes Disruptive

This month’s VM Recommends brings us selections from Partner, Erich Knorr, who leads the Tempe, Arizona office.  What is your favorite place to visit in Phoenix?One of my favorite things to do in Phoenix is wandering through the Desert Botanical Garden, marveling at the diversity of plants and succulents.  From the towering saguaros to the blooms of the agave plant and prickly pear cactus, every corner of this garden tells a story of resilience and adaptation to the arid desert climate.  The Desert Botanical Garden also offers a variety of events, such as concerts, art exhibitions, and educational programs.  My…
Continue Reading VM Recommends – Phoenix Edition

In the world of investigations, whether it be workplace, campus or Title IX, we often run into situations where two people interpret the same events in wildly different ways.  As human beings, our memories can be subjective, and we are constantly interpreting events through the lens of our own backgrounds and experiences.  In the legal world, everyone is held to the standard of behaving like a “reasonable person.”  Can someone who always makes the best choices and always perceives the world in an accurate way really exist?  The short answer is no.  Everyone perceives the world in a different way…
Continue Reading Am I Being Reasonable? Fifth Scenario

Investigations of police or firefighter misconduct in California are governed by two key statutes: the Public Safety Officers Procedural Bill of Rights Act (POBR) and the Firefighters Procedural Bill of Rights Act (FBOR).  These statutes establish protections for peace officers and firefighters subject to such investigations.  With a few notable exceptions, the provisions of these statutes are generally similar or identical.  This article highlights some of the key provisions of POBR/FBOR from the standpoint of an outside investigator.  When POBR/FBOR Applies.  POBR covers most state, county, or municipal peace officers in California, including non-reserve deputy sheriffs, probation officers, and certain…
Continue Reading POBR/FBOR Investigations: A Primer on the Basics

Whenever an employer is on notice of an employee concern that warrants an investigation, the next decision, invariably, is whether to perform the investigation in house or hire an outside investigator.  In most situations, it is prudent, and even preferred, to use a qualified internal investigator.  This article, however, will examine some of the obvious—and not-so-obvious—issues an employer should consider before making that decision, and how a plaintiff’s attorney may try to capitalize on those issues. The first obvious issue internal investigators face is the appearance of bias.  The internal investigator relies upon their employer to pay their salary so…
Continue Reading “We Investigated Ourselves and Found We Did Nothing Wrong!”– A Former Plaintiff’s Counsel’s Perspective on Internal Investigators

This month’s VM Recommends brings us selections from our San Diego Editor and Paralegal, Antonia Gordon. What are your current book and podcast recommendations? I recently listened to the audiobook of Bright Young Women by Jessica Knoll, which was inspired by the first “celebrity” serial killer, Ted Bundy, and is told from the (fictional) perspectives of two women affected by his crimes. I really enjoyed the story as well as the voice acting. It provided an interesting take on the recent surge in popularity of media featuring serial killers and sensationalizing the horrifying acts they committed. The novel did…
Continue Reading VM Recommends – San Diego Edition

In the world of investigations, whether it be workplace, campus or Title IX, we often run into situations where two people interpret the same events in wildly different ways.  As human beings, our memories can be subjective, and we are constantly interpreting events through the lens of our own backgrounds and experiences.  In the legal world, everyone is held to the standard of behaving like a “reasonable person.”  Can someone who always makes the best choices and always perceives the world in an accurate way really exist?  The short answer is no.  Everyone perceives the world in a different way…
Continue Reading Am I Being Reasonable?  Fourth Scenario