Our superior documentation methods helped in a Sarbanes-Oxley (SOX) whistleblower case that alleged statement fraud at a public 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 at issue and our client’s own efficacy. Because of budgetary limitations and a statutory filing deadline, we conducted the interviews over the phone over the course of three days. All the while, our investigator prepared meticulous reports that were sent to the client.
As our investigator continued doing interviews of the potential witnesses, we began preparing draft declarations, picking out salient elements of each report. After the attorney who hired us reviewed the drafts, our investigator set up individual meetings with each witness. These interviews occurred in our office, in restaurants, and even at some of the witnesses’ homes. During these meetings, 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.
Our declarations were all-encompassing and ironclad.
The opposing counsel for the financial institution was unprepared when the case was filed soon thereafter. Our investigation had confirmed the fraud (or at least the good-faith belief that met the threshold for a valid SOX complaint) and the pretextual nature of the plaintiff’s termination—all before the case was even filed. The declarations were all-encompassing and ironclad.