Clifford Chance

“Knock, Knock … it’s The FBI:” How To Respond To An FBI Raid

28 May 2013

It is 8:30 AM, and in the front door of your company’s offices walks a team of FBI agents, with boxes and computer imaging equipment, and a search warrant in hand.  The federal authorities are raiding your company’s office(s).

Think this could not happen to you?  Well, it does happen, and not infrequently.  As reported in the Wall Street Journal, on April 15, 2013 the headquarters of Pilot Flying J were raided by FBI agents as part of an apparent probe into rebate payments.  The raid occurred without forewarning and lasted into early the next day. Four search warrants were purportedly executed on the company.

If an FBI raid occurs, will your company know what to do?  Do they have the appropriate procedures in place?

The steps your company takes may make a significant difference in how your company is able to protect its documents and data, minimize business disruption on the day of the raid and in the future, and defend against possible charges.  A fulsome compliance program will include a response plan that addresses what to do when the government decides to visit.  Briefly below are key points that should be addressed in such a plan.

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