Misconduct Investigations: Lessons from the Employee’s Lawyer
Target Audience: OIG Agents, IA Agents, and other Agency Investigators
Length: Half-Day Seminar
Description:
“Misconduct Investigations: Lessons from the Employee’s Lawyer” is designed to enhance and hone the skills of special agents investigating allegations of misconduct—both criminal and administrative—by federal employees. Seen through the eyes of the employees’ lawyer, attendees learn about many common mistakes made during the investigation. Defense attorneys exploit these mistakes to influence agency officials to settle or mitigate otherwise solid, meritorious misconduct cases. Through the recounting of actual cases, fact patterns, and experiences of an attorney who has defended thousands of investigations conducted by hundreds of different agencies, investigators learn to be proactive and avoid those mistakes that adversely influence Agency misconduct cases.
1. Seminar Overview and Legal Background
- Purpose of Seminar
- Role of MSPB Appeal in Evaluating Investigations
- General Rules Governing Conduct of Investigations
- Harmful Error Analysis
- Bad News for You and Good News for Employee
- Impact of Errors in the Investigation
- Legal Rules
2. Common Mistakes Made During Investigations
- Timeliness
- Workplace Searches
- Failure to Gather Evidence on Elements and Defenses of the Charge
- Investigations of Privileged Communications or Statements
- Investigations of Constitutionally Protected Rights
- Reliance on Arrests and Convictions without Independent Evidence
- Failure to Understand Complex Subject Matter
- Conclusory Investigation Reports
- Outside Influence for Improper Purposes
- Failure to Properly Administer Rights
- Mistakes in Dealing with Bargaining Unit Employees
- Improper Sequence of Interviews
- Inaccuracies in Witnesses’ Statements
- Flawed Surveillance
- Investigations of Employee Claiming Disability
- Failure to Investigate Nexus for Off-Duty Misconduct
- Failure to Investigate the Douglas Factors
- Retention of Notes
- Intentional Misconduct of Investigators
- Failure to Consult with Attorney or Personnel Specialist
- Failure to Maintain Secrecy of Proceedings
- Pre-Employment Investigation of Probationers