In recent years, a virtual cottage industry has developed for law firms and other professionals to conduct internal investigations of corporations. Their conduct and use are now core elements of the criminal justice landscape for corporate (or “white collar”) crime.

Such investigations vary in size and complexity, and often require detailed logistics. The basic goal is straightforward: to inquire into factual circumstances that may pose a risk of a criminal investigation or prosecution, and to report and (usually) analyze the legal risks. Such investigations generally consist of a systematic review of available documents, emails, and other evidence, and interviews with participants, among other sources of information. There are, however, several quite different contexts in which an internal investigation may be conducted; because these differences may bear on important legal principles, it is important to be clear exactly what kind of investigation is being considered before embarking on one in order to adopt an appropriate strategy and avoid the problems addressed in section B.