The dawn raid coordinator coordinates the dawn raid. Consult with them to establish what the management board should do.
Step-by-step plan: Management Board
Coordinate internal and external communications with the dawn raid coordinator, communication management and the lawyer.
In all other respects, communicate only if this is really necessary, for example with unin-volved 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 ques-tions 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 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 dawn raid coordinator or lawyer wheth-er 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 coordi-nator 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 conversa-tion. Write down exactly what is said.
• See also: Interviews.
At the end, consult with the dawn raid coordinator and lawyer about any subsequent steps.
