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2019 | Book

Introduction, Theory and Research Questions Read chapter Read first chapter

Corporate Investigations, Corporate Justice and Public-Private Relations

Towards a New Conceptualisation

Author: Clarissa A. Meerts

Publisher: Springer International Publishing

Book Series : Crime Prevention and Security Management

Part of: Springer Professional "Wirtschaft+Technik" , Springer Professional "Technik" , Springer Professional "Wirtschaft"

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About this book

This book seeks to understand the investigation and settlement of employer/employee disputes within companies. It argues that there is effectively no democratic knowledge about, or control over, corporate security, due to companies' preference for private, out-of-court settlements when faced with norm violations raised by employees. This book fills the knowledge gap by providing an overview of the corporate security sector including legal frameworks and an analysis of the role and powers of private investigative services, inhouse security, forensic accountants and forensic legal investigators. It draws on close observation, case studies and interviews with practitioners in and around the industry. Corporate Investigations, Corporate Justice and Public-Private Relations also looks at public-private relationships in this sector to propose policy remedies applicable to all corporate security providers, regardless of the disparate professional backgrounds and skill-sets of their staff.

Table of Contents

Frontmatter
Chapter 1. Introduction, Theory and Research Questions
Abstract
In this chapter, a general introduction into the field of corporate investigations is presented. The research is demarcated by a focus on investigators working for corporate and (semi)public clients, investigating internal norm violations. In addition, the research questions guiding the research and the methodology used to gather the research data are discussed. The information for this research was gathered using qualitative research methods (interviews, case studies and observations). The third part of this chapter gives an overview of relevant literature. The theories and conceptual frameworks emerging from this are used throughout the book as they are confronted with empirical findings. It is argued that ‘more traditional’ private security literature does not help us in understanding corporate investigations, settlements and the public-private relations in this field.
Clarissa A. Meerts
Chapter 2. Legal Frameworks
Abstract
This chapter presents the outline of relevant legal frameworks. The regulations that corporate investigators have to abide to are discussed, along with a broad overview of the organisation of the criminal justice system, general regulations and data protection regulation. A specific focus is, additionally, put on the differences between the four main groups of investigators. One interesting fact that is discussed in-depth is the general lack of formal regulations for many corporate security professionals. There is no uniform form of regulation, applicable to all corporate investigators. Differences in regulation (and professional background more generally) are used by the different corporate investigators as a way to market their product. However, generally speaking, corporate investigators provide similar services to clients.
Clarissa A. Meerts
Chapter 3. Corporate Investigations
Abstract
In this chapter, the day-to-day activities of corporate investigators are discussed. What are the investigative methods that are used by corporate investigators and how does the investigative process take shape? In this chapter, interview data, case study material and observation data are used to unravel the daily activities of corporate investigators. As becomes apparent, corporate investigators provide a comprehensive service. The investigations may, in this way, stay fully in the private legal sphere, without any criminal justice involvement. Within this private legal sphere, corporate investigators can move with considerable autonomy, providing a specialised and custom-made service to clients. Reasons for the popularity of corporate investigations are discussed in this chapter, as well as the full investigative process and corporate investigators’ relationship with their client.
Clarissa A. Meerts
Chapter 4. Corporate Settlements
Abstract
Many organisations prefer not to report internal norm violations to law enforcement authorities. Based on a comprehensive review of fieldwork and literature, this chapter discusses the reasons for this tendency not to use the criminal justice system, but also provides normative and pragmatic reasons which induce corporate investigators and clients to report to law enforcement authorities. Furthermore, the chapter presents the alternatives open to clients who do not wish to report. These alternatives can be found in private law, labour law and internal regulations. By helping clients to solutions, which do not involve the criminal justice system, corporate investigators may keep the process of investigation and settlement in the private legal sphere, thus adding to the autonomy of the sector in relation to law enforcement.
Clarissa A. Meerts
Chapter 5. Public-Private Relations as Coexistence
Abstract
This chapter examines the public-private relations found in this research. Based on the fieldwork, public-private relations are conceptualised in a novel way, bringing nuance to previous work on private-public relationships in the security domain. It is argued, among other things, that the starting point of analysis of public-private relationships in the corporate investigation field should be the private actors, rather than the public actors. In addition, it is argued that instead of presenting these relationships in the context of cooperation, we should rather conceptualise them as coexistence between corporate investigators and the criminal justice system. Most public-private contacts are ad hoc and remain at the level of information transfer from private actors to the criminal justice system. This is conceptualised further in this chapter.
Clarissa A. Meerts
Chapter 6. Discussion
Abstract
This chapter concludes the work by reflecting on the results discussed in the different chapters and adding an in-depth analysis of some of the more striking conclusions. The main themes emerging from the work—(semi-)autonomy, forum shopping activities, flexibility, (non-contractual) moral activity within the commercial sphere and public-private coexistence—are discussed and brought together in this conclusion. In this way, a novel conceptual framework emerges, which allows us to examine the field of corporate investigations without having to refer back to the state-centric approaches which do not provide a right fit with the social realities of corporate investigations into internal norm violations, their corporate settlements and the public-private relationships that develop in these contexts.
Clarissa A. Meerts
Backmatter
Metadata
Title
Corporate Investigations, Corporate Justice and Public-Private Relations
Author
Clarissa A. Meerts
Copyright Year
2019
Electronic ISBN
978-3-030-26516-8
Print ISBN
978-3-030-26515-1
DOI
https://doi.org/10.1007/978-3-030-26516-8