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Why Investigative Due Diligence Matters?

Writer's picture: Ajay ShamdasaniAjay Shamdasani

My Chat with Daniel Greenberg


By Ajay Shamdasani, host, Regulatory Ramblings Podcasts *


A look at the challenges and consequences of non-technically trained lawyers advising on tech matters
Click to listen to RR Ep 46 - Investigative Due Diligence, Why it Matters?

Recently, I had an engaging discussion with Daniel Greenberg on HKU Law’s Regulatory Ramblings podcast episode #46 (Investigative Due Diligence and Why It Matters?)** on why investigative due diligence matters. Daniel is the founder, president, and lead investigator of Greenberg Corporate Intelligence, a Washington, DC-based boutique investigations firm.


The term ‘due diligence’ has been so overused in the colloquial vernacular in recent decades that what was once a term of art that meant something specific in the field of corporate investigations, risk management and business intelligence is now a quick, easy, lazy shorthand way of describing anything from a light, perfunctory background check using basic desk research conducted by non-specialist staff in developing world call centers to full blown investigations by globally known firms.

A look at the challenges and consequences of non-technically trained lawyers advising on tech matters
Click to listen to RR Ep #46

Indeed, throwing around terms such as customer due diligence (CDD) and enhanced due diligence (EDD) does not help clarify matters. Against such a backdrop, I appreciated Daniel’s dispelling some of the lingering misconceptions about what due diligence actually involves. As we discussed, it would behoove the world’s largest banking and financial institutions and multinational corporations – and the pricey external consultants they often hire when a scandal or breach emerges – to look at due diligence as something that transcends background checks and as something that is meant to ensure comprehensive accountability.

Most corporate investigators use public records and open-source intelligence. Certainly, technology can help and as Daniel points out, moving forward, mastering Google, as well as the ever-growing number of generative artificial intelligence tools will prove to be integral to such work – provided they are used correctly and with a sense of focus and discernment. To put it another way, AI will not render veteran investigators obsolete because there can be no substitute for skills developed over a lifetime, such as having a sense of context and being able to read people.


To quote US Supreme Court Justice Oliver Wendell Holmes Jr.: “the life of the law has not been logic: it has been experience.”





 
DISCLAIMER: The opinions expressed in this blog are the author's own and should not be taken as official positions or advice from any other entity.

* Ajay Shamdasani, a Hong Kong-based veteran in writing and research, holds degrees in history and government, law, and financial regulation 🔗. Ajay is part of the HKU Reg/Tech Lab team promoting 'Digital Finance, Financial Inclusion and Sustainability: Building Better Financial Systems'.

** Regulatory Ramblings Podcast Episode #46: 🔗

*** Regulatory Ramblings podcasts is brought to you by The University of Hong Kong - Reg/Tech Lab, HKU-SCF Fintech Academy 🔗, Asia Global Institute 🔗, and HKU-edX Professional Certificate in Fintech 🔗, with support from the HKU Faculty of Law 🔗, through the efforts of Professor Douglas W. Arner 🔗.

Connect on LinkedIn: Daniel Greenberg, founder and chairman at Greenberg Corporate Intelligence.


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