Scott Moritz on Transitioning an Investigation [Podcast]

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Post By: Adam Turteltaub

Internal investigations rarely proceed on a straight line. There are twists and turns, and sometimes a need for a switch, or even two. First, from an in-house investigation to one conducted using an outside resource. And, at times, there may be a need to even switch outside investigators.

Scott Moritz, Senior Managing Director at FTI Consulting, explains in this podcast what to consider when making a transition. He discusses when the time is right to bring in an outside firm, or maybe switch the firm you are using.

He also provides insight into what it takes to get an outside investigative firm up to speed. That includes not just a recap of the facts on hand. Corporate cultural factors and internal policies are important to share as well to ensure that the investigation flows smoothly and doesn’t cause problems of its own.

In addition, it is critical, as always, to be mindful of the impact an investigation can have on productivity and morale.

Listen in to learn more about how to make your investigation transitions as smooth as possible.

1 COMMENT

  1. The Corporate Insolvency and Restructuring Act 2020 ( Act 1015) is a corporate governance law in Ghana which aims to salvage distressed and insolvent companies, institutions and organizations. It is the introduction of the concept of administration and restructuring which enables or allows distressed companies to continue to do business as new or innocent entities in order to make profit and pay off their debts. A typical scenario of the practical application of this law ( Act 1015) was the recent restructuring of the Ghanaian banking and financial industry. which led to the consolidation of several distressed, insolvent, weak and mismanaged banks into what is known as Consolidated Bank Ghana (CBG) with the aim to maximize the realization of the estate of the insolvent banks and financial institutions now under a new management in order to enhance their chances of profitability and ability to pay off their debts. The restructuring exercise and the subsequent formation of the Consolidated Bank has ensured the effective implementation and enforcement of a crucial law in the Ghanaian banking industry , which is the Banks and Specialized Deposit Taking Institution Act 2016 ( Act 930) sections 47 and 49 which stipulates that Board of directors and managements of banks and financial institutions must operate independently devoid of shareholder or stakeholder influences in order not to pave any way for corrupt practices in the banking industry and to ensure transparency hence the formation of the Consolidated Bank with entirely new board of directors and management whose activities are obviously devoid of the influences of the shareholders of the respective insolvent banks is a perfect way to enforce that very crucial law thereby laying the ground for a healthy and transparent banking industry. However , should in case the Consolidated bank ( CBG) itself become distressed or faces challenges the same law ( Act 1015 ) paves the way for it to be saved , and the simple but effective way to do this is for the Central bank ( BANK of GHANA ) to issue treasury bills and or bonds for investors to purchase it’s assets and debts thereby injecting more cash into the banking system that could be used to pay for the debts incurred through the restructuring exercise. The implementation of the Corporate Insolvency AND Restructuring Act 2020 ( Act 1015 ) will lead to the creation of a solid and capitalist based economy resulting into a more viable, vibrant, robust and a transparent banking system.

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