DAWN RAID

ACCC

A raid has begun

Check identification of officers

The officer must produce ID on request
Is there a photograph of the officer?
Take a note of the full name of the officer

Check the warrant for accuracy

Is it valid for execution on that day?
Where can the officers search? (Is the address right? Which offices, homes, or other buildings?)
What documents or items can the officers look for?

Are particular personnel named in the warrant?

Ask permission for those personnel to leave the premises to attend interviews with external lawyers

Send a copy of the warrant to your lawyers

Email
Fax
Photo (using your smartphone)

Notify and assemble the internal coordination team, per internal guidelines

Send essential internal communications

Keep calm and carry on email
Rules of conduct for officers/employees email
Instructions for IT representatives email

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During a raid

Instructions for IT representatives email

Copy and paste the below text into an email

What to do if arrives at the premises where you are working and demand to be given access to IT files, servers (etc)

Preliminary

An IT representative has been appointed to act upon requests of the officers.
The IT representative is part of the designated internal coordination team.

Conduct

Follow the instructions of the internal coordination team.
Ensure you are available at all times to facilitate the internal coordination team's operations in relation to the investigation.
Execute the tasks as listed below in a cooperative manner, but only to the extent requested.

Tasks

Inform your manager (or his back-up) about the investigation taking place.
Await approval from a member of the internal coordination team (ADD INDIVIDUALS) before starting with any requests of the officers.
Respond to any IT-related questions posed by the officers.
Prepare network logon credentials for the officer(s), if requested.
Make available a (number of) PC(s) and/or printers for the officer(s), if requested.
Forward any specific requests of the officers for execution as appropriate, in each case informing the internal coordination team of the specific request.
Make copies of all electronic data delivered to, or copied by, the officer(s).
Take back all PCs and/or printers temporarily used by the officer(s), and de-activate and delete any login credentials prepared for the officers, after the investigation ends, or when instructed to do so by a member of the internal coordination team.

Release any PCs used by the officers for normal use after the investigation ends, or when instructed to do so by a member of the internal coordination team.

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Keep calm and carry on email

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Dear colleagues

As you may have noticed, officers from the are currently conducting an investigation on our premises. The reason for this investigation is not yet known to us.

Please continue working as you normally would. A team of company representatives have been trained specifically to deal with this situation and our lawyers have been informed. They will arrive shortly to assist.

Please follow the below important rules for the duration of this investigation and afterwards:

Do not inform anyone outside the company of the investigation, not even your relatives;
Any unsolicited question (for example, from the press) should be directed to ADD INDIVIDUAL/DEPARTMENT;
Do not, under any circumstances, remove or destroy documents (electronic or hard copy) – including routine shredding
Do not act in a way that could be detrimental to the company. Do not act aggressively or prevent the officers from entering offices, rooms or archives. Please cooperate with the officers and treat them courteously;
Should an officer ask you any questions, please ensure that a company representative who has been specifically trained, or an internal or external lawyer, is present. If no such individual is present, please immediately contact the internal coordination team, and someone will be sent to assist you.

These are the names of the internal coordination team:

ADD INDIVIDUALS

Thank you very much for your assistance. We will keep you informed as we move through this process.

Best regards

ADD NAME

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Rules of conduct for officers/employees email

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If you have received this email, officers from the are currently conducting an investigation on our premises. The reason for this investigation is not yet known to us.

Please follow the instructions in this document carefully and make sure to record all events until the arrival of external lawyers.

First actions

The following immediate actions are important:

Contact the internal coordination team. These are the names of the internal coordination team:
ADD INDIVIDUALS
The internal coordination team will contact our external lawyers, who are experts at administering this type of inspection.
The internal coordination team will send round a general email with instructions for how to conduct yourself during the inspection. Please refer to this document if you are contacted by an officer during the inspection.

Key principles

However, the following key principles must be followed at all times:

If you are unsure of anything, please ask the internal coordination team for assistance and do not guess!
Do not remove or destroy any electronic or hard copy documents – even routine shredding.
Every action of the officers should be recorded (written down): which cabinets or archives are opened (including digital sources), which files are looked at, the names of individuals mentioned by the officers and which offices have been reviewed.

If the officers make digital or hard copies of any materials, exact copies should be retained and the relevant documents they obtain should be recorded.

Should an officer ask you any questions, please ensure that a company representative who has been specifically trained, or an internal or external lawyer, is present. If no such individual is present, please immediately contact the internal coordination team, and someone will be sent to assist you.

Do not act aggressively or prevent the officer from entering offices, rooms or archives.

Please cooperate with the officers and treat them courteously.

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