I. Overview
A. Although government investigations of your company may not occur frequently, government investigations carry high stakes. Even if your company did nothing wrong, the investigation’s existence is disruptive, costly, and poses reputational risks.
B. Adequate preparation through policies, procedures, and training can help ensure your company is put in the best possible position and avoids making matters worse.
C. Government inquiries come in different forms under varying authorities.
D. It is important to understand the particular government inquiry you face so that you know the risks, your rights, and your obligations.
E. Some rules apply in all cases:
1. Government investigators are not your friend. Always be professional and polite. But also, be careful.
2. Never give incorrect information. Better to say nothing than to guess, speculate, or lie.
3. Never hide, fabricate, or destroy evidence. Cover-up is often worse than the crime.
4. Have counsel serve as a buffer between your company and the investigators.
5. Training should emphasize the importance of employees alerting counsel immediately upon any indication of a government investigation.