David Schultz, partner in Maslon's Litigation Group, is interviewed on an October 15, 2015 episode of a podcast titled, "Why Independence is Important in Investigations," for the Masters of Disaster: Stories of Risk, Ethics, & Compliance podcast. The Masters of Disaster podcast is a product of ComplyEthic, a consulting company focused on managing risk for consumer product companies. The episode discussed internal investigations, specifically why it is important to have an independent party conduct a company's internal investigation.
"Even if a thorough and independent investigation is conducted [by your corporate counsel], it doesn't look that way. An investigation conducted by your regular outside counsel is worse than no investigation at all," David stated. He continues by asserting, "All of that is not to say that the purpose of an investigation is to hand the government or regulators everything they need to prosecute the company. It's not an exercise in waving privilege or shooting the company in the foot, but is an exercise where you need credibility with the regulators or the US Attorney, and the very first principle of that credibility is the independence piece."
To listen to the full podcast episode, go to: Masters of Disaster, "Why independence is important in investigations."
David Schultz is a trial lawyer who focuses his practice on high stakes litigation in the areas of product liability, healthcare, commercial disputes, civil and criminal fraud, and intellectual property. David has tried cases to verdict in state and federal courts throughout the country. He is board certified as a Civil Trial Advocate by the National Board of Trial Advocacy and as a Civil Trial Specialist by the Minnesota State Bar Association. David's niche practice conducting investigations for corporations and public institutions has delved into matters involving state and federal regulatory compliance, Medicare/Medicaid billing practices and fraud (including unbundling, upcoding, certification, cost reporting, medical necessity, and duplicate payments), FDA civil and criminal regulatory violations, NIH grants, academic fraud, financial fraud, and sexual misconduct. His work in this area is further distinguished by time served in the Law Enforcement Section of the Minnesota Attorney General's Office as a white collar crime prosecutor and in the Solicitor General's Section as a civil trial attorney prior to his career in private practice. Today, David's white collar criminal defense practice includes representing individuals and corporations in a variety of state and federal prosecutions.