How to Effectively Manage Government and Internal Investigations During COVID-19

Since the outbreak of COVID-19, many U.S. agencies have stated that current investigations will proceed, and the government will commence new inquiries. Indeed, this is not a time for companies to let down their guard. Because most companies are operating remotely, they should be prepared, as the government is, to leverage technology as a substitute for typical in-person investigation-related activities. While technology makes remote investigations manageable, there are key flexibility and best-practice considerations to assist companies in preserving investigative integrity, confidentiality, and independence throughout the crisis.

Investigative Agency Responses to COVID-19

The COVID-19 pandemic has had a unique impact on U.S. agencies. The Federal Bureau of Investigation (FBI), while operating primarily within a remote platform, is functioning more or less normally. Others are de-prioritizing investigations unrelated to the current health crisis, as employees and resources are redirected at an unprecedented level. Further, agencies led by more explicitly political actors, such as state attorney general offices, are likely to shift their near term focus to matters related to COVID-19. The same is true for agencies that include healthcare issues as part of their regular investigative portfolio.

The U.S. Department of Justice (DOJ) recently asked Congress for certain temporary emergency powers during the pandemic, including the ability to delay court proceedings, toll statutes of limitations, and expand the use of videoconferencing. The full extent to which Congress is receptive to such requests remains to be seen, but this highlights the realities facing many agencies. The DOJ is also prioritizing misconduct allegations related to COVID-19, including fraud, price gouging and hoarding of critical supplies.