The dawn raid ends
Arrange a closing meeting with the Investigators before they leave the premises
Log/index of copies made
Check that the Investigators’ log of copies made/original documents is accurate Sign the log to confirm
Seek confirmation that:
Agree with the Investigators:
Reserve the company’s rights:
Carry out a risk assessment
The Investigators leave the premises
The dawn raid has ended The company has co-operated with the Investigators throughout No seals have been tampered with in any way
List of factual points to be clarified List of outstanding documents to be produced Any areas of dispute (e.g. relevance/ privilege)
Right to challenge Investigators’ authority to take documents Right to supplement answers given during questioning Privilege
Review all documents copied/seized: is there anything incriminating? If so, how strong is the evidence against the firm? Existence of additional evidence: do the documents taken by the Investigators reflect the firm’s full involvement in the agreement or conduct under investigation? Are there any additional relevant documents that the inspectors did not identify/locate? Clarifying any inaccuracies: if an inaccurate impression has been given in any of the documents or in answers to questions, this must be rectified as soon as possible.
Hold a “debrief” meeting with in-house and/or external lawyers: establish whether there is any potential substance to the allegations made against the firm.
Deal with any outstanding issues in relation to relevance of certain documents, application of legal privilege, or questions which it has been agreed will be answered in writing after the end of the dawn raid.
Consider how to manage publicity/disclosure issues/obligations - both internally and externally, e.g regulatory, public company obligations.
