ARTICLE
30 September 2026

Key Considerations In Financial Crime Related Investigations Internal Investigations: Triggers, Scope, And Consequences | Part 4

MT
McCarthy Tétrault LLP

Contributor

McCarthy Tétrault LLP provides a broad range of legal services, advising on large and complex assignments for Canadian and international interests. The firm has substantial presence in Canada’s major commercial centres and in New York City, US and London, UK.
Fraud, corruption and money laundering pose escalating threats to Canadian businesses, requiring specialized investigation approaches. This guide examines critical decision points in financial crime investigations, from determining organizational liability status to evidence preservation, witness interviews, civil remedies, and regulatory reporting obligations.
Canada Criminal Law

Fraud, corruption and money laundering present significant, and rapidly increasing, risks for Canadian businesses. Addressing these risks demands a different investigations playbook.

Part 4 of our Investigations series addresses the key considerations in financial crime related investigations: goals, scope, evidence gathering, fact-finding, and decision-making associated with law enforcement, regulatory issues, and recovery.

Key considerations in financial crime related investigations

A successful outcome depends on sound judgments and careful implementation.

Assessing the organization’s position

  • Victim, witness, potentially liable? A combination?
  • This defines the objectives, scope, and nature of the investigation.
  • Re-test that judgment as evidence is gathered.

Preserve, access and review evidence swiftly and reliably

  • Which sources are within the organization's power, possession or control?
  • Destruction and alteration risks must be prevented.
  • Personal devices are an evidentiary gold mine, and highly private.

Taking statements where stakes may be criminal

  • Care in preparation and execution.
  • Fairness, including whether the witness has counsel.
  • Choice of recording method.

Whether to seek extraordinary civil remedies

  • Recovery options narrow as assets move and tip-off risk rises.
  • Evidence is lost as time passes and perpetrators are on notice.

Is reporting required or advisable?

  • Whether, when and how to report must be re-considered over time.
  • Obligation to report to regulators? Auditors?
  • Option to report to police, plus suspicious transaction reporting.

The bottom line

In financial crime matters, judgment sets the goals, scope and nature of the investigation.

Careful implementation achieves success.

Want to learn more?

Join us for Risk, Reputation and Response: Navigating Internal Investigations.

Monday, September 21, 2026 12:00 p.m. to 1:30 p.m. ET

To view the original article click here

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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