CD: Prior to a dawn raid, what kind of plan should organisations have in place to ensure directors, managers and staff members know how to respond and avoid inadvertently causing obstruction or impediment?

Zimiles: When a company is the subject of a dawn raid, instead of receiving a grand jury subpoena for documents, the government has concluded that there is a significant risk of evidence spoliation or does not believe that the company is willing to cooperate. Consequently, the company’s reaction to the dawn raid will be heavily scrutinised and law enforcement will develop a first impression of the company that will dictate the tone of the search. Dawn raids are also highly disruptive to business operations. For these reasons, companies, especially those in highly regulated industries or industries that have had historical criminal issues, should maintain a detailed corporate response plan and dedicate high-level employees to a dawn raid response team. A well-developed corporate response plan will help put the company in the best light with the government and illustrate to law enforcement that the company is organised and cooperative. It will also guide employees in the ‘do’s and do not’s’ during a dawn raid. A plan will also preserve a company’s rights and put it in the best position to challenge the search and minimise any disruption to business operations.

Oct-Dec 2018 issue

Navigant Consulting, Inc.

Cleary Gottlieb Steen & Hamilton LLP