Rapid Response

Dawn raid / searches of your premises: first steps

When a search occurs, the first steps you take are crucial to protecting your business. These initial actions set the tone for managing the resulting investigation.

The following key steps should be taken:

  • Ask to see the authority under which the regulator is seeking to conduct the search. In some, but not all jurisdictions, you will have a right to inspect the relevant documentation.
  • Wherever possible, ensure that the investigating officers have valid ID.
  • Adopt a cooperative approach.
  • Contact advisors (in-house or outside Counsel) and provide them with a copy of the document which officially sanctions the search and/or seizure of documents etc.
  • Inform the investigating officers that your advisors have been notified and ask them to await their arrival before they start the search. Confirm to the officers that nothing will be destroyed or concealed in the meantime. Be prepared for the fact that the officers may not agree to wait.
  • Wherever possible, ensure that officers are accompanied at all times while on your premises.
  • Advise all staff that a raid is taking place and that:
    • They should cooperate with officers.
    • No documents (including e-mails) should be deleted, destroyed or concealed.
    • They should not discuss the raid with anyone else either inside or outside the company, orally or in writing.
    • They should, ideally, contact your advisors before responding to any questions asked by the officers. Bear in mind, however, that this may not be possible in some jurisdictions which do not recognise a right in criminal investigations to receive legal advice before answering questions.
  • On arrival and where permitted by local law and custom, establish advisors as the point of liaison with investigating officers.
  • Consider whether any external notifications need to be made and/or whether you need to have a reactive statement in response to media interest.

We can help you prepare and stress-test your dawn raid procedures and provide training to relevant executives and employees. We will also be on hand 24/7 through the Rapid Response system to help you wherever and whenever we're needed.

This website provides a general overview and discussion. It should not be used as a substitute for taking legal advice in any specific situation. Please contact a member of our team for specific enquiries.