The dawn raid coordinator coordinates the dawn raid. Consult with the dawn raid coordinator and the management board to establish what needs to be done.
Step-by-step plan: communications officer
Check the crisis communication protocol. Communicate that an investigation is underway, that no information should be destroyed, whether or not questions should be answered, that no external communications should be made, whether business operations will continue, and that the dawn raid coordinator should be asked for help with questions from the government agency.
Check the crisis communication protocol. Decide whether or not to communicate to the public. Decide with whom to communicate. Decide how: spokesperson, press release, social media, etc. Decide on the message. Tips:
- Communicate fast, but not hastily.
- Be transparent.
- Keep to the facts. Do not speculate. Do not lie.
- Be mindful of emotions.
- Be brief and to the point.
- Say what the company is currently doing, for example ‘cooperating in the investigation’.
- State the duration of the investigation, for example ‘until the end of the day’.
Communicate only with the dawn raid coordinator and the lawyer. Do not discuss the investigation with anyone else, including other colleagues, suppliers, clients, relatives, or friends. Do not share any information about the dawn raid on social media or with the press.
Do not destroy or delete any digital or paper information whatsoever.
Do not provide information on your own initiative. Do not do, say or provide anything unless you are asked to do so.
Do not answer any substantive questions from the government agency ‘in passing’/in an informal setting. The government agency can use everything. Answer substantive questions only during an interview.
Ask the dawn raid coordinator or lawyer for assistance if the government agency asks for data. Cooperation is not mandatory in a criminal investigation, but it is in an administrative investigation. Decide whether or not cooperation is necessary: allowing the search or cooperating.
- Criminal investigation: cooperation is not mandatory. The government agency is permitted to conduct its own search. Allow it to do so. You are not obliged to cooperate or assist, but you can if you so wish. It can also be advisable to assist in order to keep the search within bounds.
- Administrative investigation: cooperation is, in principle, mandatory. The government agency is not permitted to conduct a search, but must ask for information. In principle, you are obliged to cooperate. Ask the dawn raid coordinator or lawyer whether you are required to cooperate with a specific request. Then provide the requested information, and nothing more. Only information that is out of scope, privileged or private does not need to be provided. If discussions arise, ask the dawn raid coordinator or lawyer for assistance.
Ask the dawn raid coordinator or lawyer for assistance if the government agency wants to ask oral questions. Answering them is not mandatory in a criminal investigation, but it usually is in an administrative investigation. Decide whether or not answering is necessary: allowing the search or cooperating.
- Criminal investigation? Questions do not need to be answered. You are allowed to remain silent. See also: interviews.
- Administrative investigation? Enquire into the purpose of the investigation. Ask if a right to remain silent applies. If not, answer all questions truthfully. Tips:
• If a question is not clear, ask for clarification.
• Answer only the question asked – nothing more, nothing less.
• Keep the answer brief and factual. Do not try to convince the other person.
• Steer clear of qualifiers, such as good, bad, odd, careless, etc.
• Do not repeat what the government agency says. Use your own words.
• If you do not know something, say so. Do not speculate.
• If you do not yet have anyone to assist you, make your own notes of the conversation. Write down exactly what is said.
• See also: interviews.
At the end, consult with the dawn raid coordinator and lawyer about any subsequent steps.
