November 05, 2006
Few businesses expect to become the subject of a government investigation, yet it happens every day. Government investigations cut across all industries. None is immune. Government agents often appear unannounced at businesses to execute search warrants and serve subpoenas. Planning for the unannounced government visit will serve your business well. Saul Ewing attorneys have helped many clients prepare for and respond to search warrants and subpoenas. We find that companies best position themselves to respond to the unannounced visit lawfully, calmly and prudently by “thinking ahead” and following these 10 steps:
1. Do not panic; be polite to the authorities; and be prepared to assert the company’s rights.
2. Do not interfere with or impede government agents executing a search warrant or serving a subpoena.
3. Contact legal counsel or a designated person immediately, preferably someone with experience or training in
government investigations, and put that person in charge of communicating with the authorities.
4. Request copies of any warrant, supporting affidavit or subpoena, and transmit them to counsel or the
designated person immediately. Ask what crime or conduct is being investigated.
5. If government agents are conducting a search of the business premises, designate a person in each area to keep a
record of locations searched, documents, data and other items seized, and comments made by agents during the search.
6. Politely notify government agents if they search in areas not covered by the warrant or if they review and seize
materials covered by the attorney-client privilege. Do not consent to a search of premises not covered by the
warrant without first consulting with legal counsel.
7. Immediately instruct all employees not to discard, alter, or destroy any documents, electronic data or other
information that may be called for by the warrant or subpoena. Confirm this instruction in writing.
8. Request on-site copying of essential documents and electronic data being seized by government agents. Keep a
list of all documents, electronic data and other items taken by government agents.
9. Have the company’s legal counsel advise employees of their rights and responsibilities regarding requests by
government agents to interview them. Consider sending non-essential personnel home. Individual employees
and their employers are usually best served by having legal representation in connection with government interviews.
10. Do not respond to the media (or anyone else) without first consulting legal counsel.
Above all, remain calm, cordial and cooperative (to the extent possible). The best time to consider your options is before the government knocks. Keep this card as a quick reminder of steps to consider in response to an unannounced visit by government agents.
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For more information, visit Saul Ewing’s website (www.saul.com) or contact James M. Becker (215.972.1959,
[email protected]) or Joseph F. O’Dea, Jr. (215.972.7109, [email protected]), Co-Chairs of Saul Ewing’s White
Collar and Government Enforcement Practice Group, or Group members Christopher R. Hall (215.972.7180,
[email protected]) or David R. Moffitt (215.972.7162, [email protected]) in the Firm’s Philadelphia office or
Joseph M. Fairbanks (410.332.8726, [email protected]) in the Firm’s Baltimore office.
Attorneys in Saul Ewing’s White Collar and Government Enforcement Practice Group represent corporate and individual
clients in government investigations, enforcement proceedings and litigation. We defend companies and persons accused
of business crimes and against charges of civil fraud and regulatory violations. Our attorneys also provide compliance
counseling to companies in regulated industries.