Important Training Topics
- Help all team members understand that, although unlikely, all businesses are subject to government investigations.
- Help all team members understand a search warrant and what they should know if authorities execute a search warrant.
- Show a cloud-based system that provides reminders of what people should do in a search warrant and let the people know how they can access the information on a smart phone.
- Identify the warrant team and provide specialized training for team leaders.
- Show how to monitor agents and record notes.
- Show that although the company intends to cooperate with the investigation, the team leaders want to preserve rights for people and for the company.
- Emphasize that employees should not impede the search, conceal or destroy documents.
- Explain appropriate laws, including obstruction of justice and making false statements.
- Train employees on the rights regarding government interviews.
- Create a “Policy and Procedures” for team leaders to know how they should respond to search warrants, including:
- Information and instructions on contacting counsel and company leaders, with contact numbers.
- Request the agents wait until counsel arrives before conducting the search—understanding that the agents do not have an obligation to wait.
- Ask the agents for identification.
- Ask for a copy of the warrant.
- Send an image of the warrant to the company’s attorney.
- Expressly state that although the company will cooperate, it does not consent to the search.
- Direct all employees to the document that explains their rights with regard to being interviewed.
- Review the warrant and attempt to negotiate terms of the search.
- Do not remove, discard, or hide any objects that might be subject of the search warrant.
- Carefully monitor any search.
- Ask the agents to permit you to photocopy any original document that the agents seize.
- Get a receipt for any files or property the agents seize.
- Do not conduct any meetings with employees without an attorney present.