Criminal and Regulatory Investigations: Part 1 of 3
Click here for the press release version.
What is a dawn raid?
A “dawn raid” is an unannounced visit or inspection to business (or domestic) premises by criminal or regulatory authorities. This may be the first time that a company or individual becomes aware that an investigation of their affairs is being conducted. The same could be the beginning of lengthy investigations and/ or criminal or regulatory proceedings.
Those subject to a dawn raid face significant disruption which could ultimately lead to proceedings resulting in; fines, civil sanction, criminal prosecution and possible imprisonment and/or director disqualification.
What do you do in the event of a Dawn Raid?
If you are subject to a dawn raid, it’s imperative that you establish which regulator is conducting the raid and for what purpose. The relevant procedure and powers available to authorities vary. Dawn raids can be carried out by:
- The Serious Fraud Office (the SFO)
- The National Crime Agency (the NCA)
- Her Majesty’s Revenue and Customs (HMRC)
- The Financial Conduct Authority (FCA)
- Information Commissioner’s Office (ICO)
- Competition and Markets Authority (CMA)
- Health and Safety Executive (HSE)
In the first instance you should:
- Ascertain for the names and contact details of the investigators.
- Ask for a copy of the legal paperwork from investigators.
- Show the investigators to a room away from any work spaces/staff members.
- Politely advise the investigators that you intend to contact your legal representatives, declining discussion of the investigation pending legal advice.
- Armed with the relevant paperwork, immediately contact your legal representatives ensuring you are out of earshot of the investigators to enable confidential discussions to take place.
- Ensure that you or others do not remove or destroy digital or hardcopy paperwork.
- Legal representatives can manage and supervise the raid itself, as well as assist you in dealing with any on-going investigations and crisis management moving forward.
How can Berkeley Rowe assist?
At Berkeley Rowe we have specialists who can advise you on the relevant powers and procedures of the investigating authority, aid you in protecting your interests during and after the raid and provide supporting crisis management to mitigate any disruption caused. If you are seeking advice in relation to criminal and regulatory investigations, please get in touch.