Coordinate the dawn raid and answer any questions from staff. Record exactly what happens: questions, answers, documents.
Step-by-step plan: coordinator
Welcome the government officials. Escort them to a separate room. Ask them to wait for the lawyer. Do not let them walk around unescorted.
Call the lawyer straight away. Forward any available information. Ask the government agency to wait for the lawyer to arrive.
Inform the management board about the dawn raid.
Ask the government agency the following:
- What is the investigation purpose?
- How many government officials are there? Identification?
- What is going to be investigated? If digital data is involved, call in ICT.
- Are any interviews to be conducted? Who is going to be interviewed?
- How long will the investigation take?
- Is there a suspicion of a criminal offence, or an intention to impose an administrative penalty?
- Does a right to remain silent apply?
Decide with the lawyer whether an administrative or a criminal investigation is being conducted and whether or not cooperation is mandatory. See allowing the search or cooperating.
Instruct the communications officer to send out an internal message stating that an investigation is underway, that no (digital or physical) 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.
Coordinate external communications with the lawyer, the management board and the communications officer.
In all other respects, communicate only if this is really necessary, for example with uninvolved colleagues, suppliers, clients, relatives, friends, social media or 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 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 sometimes 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 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 lawyer for assistance.
Ask the 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 management board and the lawyer about any subsequent steps.
