Fact Witness Investigations
In our litigation support engagements, IGI often is tasked to identify, locate and interview fact witnesses in a case and, as required, obtain their signed statements or affidavits.
We also prepare detailed background profiles of potential key fact witnesses, which our clients use in preparation for deposition or trial. These in-depth profiles help our clients to predict and evaluate a witness’s likely testimony, behavior on the witness stand and potential impact on a case. We aim to provide our clients with insight into witnesses’ credibility and character, the basis for their knowledge or lack thereof, and points upon which the witness may be challenged.
- For a private equity firm involved in a dispute with the founder of one of their portfolio companies, we gathered information about the founder’s activities, including a number of previously undisclosed incidents resulting in criminal charges. In addition to gathering onsite court and police records, we located and interviewed knowledgeable people, including civilian witnesses and law enforcement officers, about these incidents and allegations. The results of our investigation assisted the client in prevailing in their dispute with the founder.
- IGI’s client, a medical device manufacturer, and its CEO were indicted in federal court on felony criminal charges, over allegations that their sales reps promoted “off-label” use of its FDA-approved treatment kit. After trial, the company and its CEO were exonerated when the jury acquitted on all counts. Working for attorneys representing the company, IGI’s investigators developed in-depth background profiles of more than 20 government fact and expert witnesses, often on short notice. IGI’s investigations uncovered information that impeached the credibility of certain key government witnesses or otherwise undermined their suitability as witnesses, such as undisclosed criminal convictions, misrepresentations and omissions on resumes, controversial or embarrassing social media postings, and false or self-incriminating statements or representations made in other cases and records. The client’s counsel credited IGI’s reporting for having contributed to their success at trial by informing their strategic decision-making and their cross-examination of witnesses.