What to do When the Government Comes Knocking
The contact can be by interview, subpoena or a search of premises.
INTERVIEW
- It can come by telephone or in person.
- Get the name of the agent, his/her agency, badge number and telephone number.
- If in person, get his/her card.
- Ask what the interview is about. The agent may, however, not tell you unless you agree to an interview.
- Whatever the agent may say, you are not required to be interviewed. The choice is yours.
- You have a right to consult counsel before being interviewed.
- If the agent mentions anything relating to your work for the Company, we ask that you contact the Company before discussing such matters.
SUBPOENA
- The subpoena will describe documents and/or electronic data, and may also require you to give testimony.
- As with an interview, you can simply accept a copy of the subpoena and not engage in any other conversation with the agent. The choice is yours.
- You have a right to consult counsel before responding to a subpoena or talking with an agent.
- If the subpoena or the agent mentions anything relating to your work for the Company, we ask that you contact the Company before discussing such matters.
SEARCH & SEIZURE
- If agents arrive and announce they are conducting a search of your premises, you should avoid any objection or obstruction, and, if possible, call counsel for advice from a private phone.
- If the search occurs on Company property, direct the agents to the Company’s senior official and avoid further conversation.
- A search is conducted pursuant to a warrant issued by a court.
- You must obey its requirements.
- The warrant will describe particular premises and particular things to be searched for and seized.
- You are entitled to see and get a copy of a warrant to search your premises.
- The agents will produce an inventory of anything they seize; but that list will be very general.
- Thus, you should keep note as precisely as possible what you observe the agents doing, saying and seizing.
- As soon as possible after the search, contact counsel to describe the search and seizure.
- If a search of your premises relates to your work for the Company, we ask that you notify the Company as soon as possible.
This is general guidance only. It is best to consult counsel immediately.