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Our offices are being searched by law enforcement officers. Do
not obstruct the search. The officers have a legal right to certain
items and documents related to the warrant.
We are complying with the warrant. You should be cooperative
and assist law enforcement in locating relevant files. However,
please do not "consent" to any search or sign any
documents on behalf of the company.
For example, if an officer asks where documents are located,
feel free to show her. On the other hand, if the officer asks you
how the documents were created or what they mean, you are under no
obligation to answer. Merely show the officer the documents without
comment.
Please refrain from using social media (Twitter, Facebook,
etc.) to disseminate any information about law enforcement's
presence at our Company.
Any questions from the press should be immediately referred to
[ ]. Do not make any statement other than "Please call [ ]
about this matter."
Law enforcement officers may ask you to answer their questions.
It is your choice whether to submit to an interview. You are under
no legal obligation to do so; but if you choose to respond, the
Company's lawyers have a right and have requested to be present
at any interview with a company employee.
If you do grant an interview to the investigating officers,
anything you say can be used against you in a criminal prosecution
or in a civil enforcement proceeding. If you decide to be
interviewed please inform the agents of the company's request
for its lawyers to be present.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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In its first public Policy Statement regarding the treatment of cooperation in investigations, the Public Company Accounting Oversight Board provided guidance on how it will consider a firm’s or associated person’s "extraordinary cooperation".
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