Justin Connor and I recently published an article for Association of Corporate Counsel:

Ten Action Steps When the Government Shows Up At Your Door http://www.acc.com/legalresources/publications/topten/ttaswtgaayd.cfm

Your company’s worst nightmare is becoming more and more common – federal law enforcement officers show up at your business premises with a search warrant in hand.  FBI agents enjoy showing up at the crack of dawn consistent with the more aggressive law enforcement tactics we see these days in white collar crime cases.  EU officials have long conducted “dawn raids” of suspect companies.  

When federal law enforcement agents arrive at your company’s doorstep, the LAST thing you should do is step aside and wait for them to complete the search.

Every step in a government investigation should be seen as an opportunity for in-house counsel to learn about the investigation and the government’s case – who is the government focused on?  What conduct is under investigation?  What type of evidence is the government looking for during the search?  Who is the government interested in interviewing?  What does the government already know?

The opportunity to talk with the lead agent is a significant source of potential information for you.  You can ask questions – there is no penalty for doing so.  The worst that can happen is the agent refuses to answer.  But every human interaction involves communication and may offer you valuable clues.  

To maximize your potential for gathering intelligence about the government’s case and minimize possible harm to your company, you should already have a plan in place for handling search warrants before the government arrives.  Such a plan is not complex and does not require extensive company resources.  It is a must that you have one, and your protocol should include the following ten steps.

Please see full article below for more information.