Global Investigations Review - The law and practice of international investigations

The good, the bad and the ugly: tell GIR about the enforcers you work with

Marieke Breijer

03 February 2017

The good, the bad and the ugly: tell GIR about the enforcers you work with Credit: Michael Grimes on Flickr (CC BY-NC-SA 2.0)

GIR wants to hear your views on the due process policies and procedures of the government enforcement agencies and prosecutor’s offices you work with every day. The deadline for the 2017 Due Process Guide survey has been extended to 10 February.

The Due Process Guide Survey gives you the opportunity to say what you think of the investigative and prosecutorial processes of the government agencies you deal with, based on your experiences over the past year.

This survey is intended to help us produce the guide by asking questions about what due process rules a government agency has to follow during an investigation and whether it sticks to those rules. For the purposes of this guide, we will be paying particular attention to procedural fairness and rights of defence during an investigation and before conviction.

We will also interview lawyers about each government agency and write a report on the results. Each agency will be given an opportunity to respond to the feedback given by investigations specialists, before we assign a grade.

The Due Process Guide 2017 will be published in April. To take part in the survey please click on the following link:

Due Process Guide Survey 2017

All survey submissions must be received by Friday 3 February.

The guide covers both criminal, civil and administrative authorities enforcing anti-corruption, antitrust, financial services, and other laws.

In the Due Process Guide 2016, we reviewed 40 agencies, including the US Securities and Exchange Commission (SEC), the UK’s Serious Fraud Office (SFO) and Brazil's Federal Prosecution Service.

For the next edition of this survey, we have made room for several financial crime enforcers that have started to show their teeth over the past year, including the Monetary Authority of Singapore and federal prosecutors in South Korea, and the European Union’s anti-fraud agency, OLAF.

The guide will inform readers about what to expect if their client or employer is under investigation. For example:

  • Early access to files
  • Agency views on privilege
  • Information-sharing between agencies
  • Access to third-party witness interviews
  • Ability to make oral representations

Importantly, we guarantee anonymity to every person who takes part in the survey.

To begin the survey, simply follow the link above and choose which agency/agencies you would like to answer questions about. If you have any questions then please feel free to email deputy editor Marieke Breijer, or call +44 203 780 4181