When you operate a business that is heavily scrutinized for its environmental impact, there is always the potential that you can end up the subject of a criminal investigation. In fact, these kinds of actions are not particularly uncommon. Companies are frequently accused of improperly dumping their hazardous waste, exposing people to toxic chemicals and draining contaminated wastewater into local ponds.
Many times, investigations get kicked off by tips from disgruntled former (or current) employees, citizen environmental activists, the report of a major spill or other mistake on the premises that makes the news or inconsistencies in the records that a company keeps. Sometimes, the investigations go nowhere – but not always. Knowing how to handle the situation when investigators show up at your company’s door with a search warrant is important. Here’s what to do.
1. Pick up the phone
You need immediate legal guidance. Even if you believe that you have done nothing wrong, it is never in your best interests to interact directly with the investigators. An attorney can not only make sure that the warrant is proper, but they can make certain that the investigators adhere to its terms. They can also act as a buffer between you and the investigators so that you demonstrate compliance with the investigation without putting yourself at risk of saying or doing something that could be self-incriminating.
2. Do not interfere
No matter how you feel about the situation, keep your emotions in check. Read the warrant carefully so that you know what it allows – and doesn’t. Do not try to prevent the agents from doing their job, and do not attempt to prevent them from taking records, equipment or electronics that they are permitted to seize under the warrant. It’s better to allow them to take something in question than to try to stop them and end up facing obstruction charges. You can, however, instruct your employees and business partners to invoke their right to remain silent until they also have legal counsel.
3. Get documentation
Before the agents leave, ask for their business cards and an inventory of all the items that were seized. That will give you a better starting point as you move forward with your response to the intrusion.
Above all: Don’t panic. The right legal guidance is essential to get through the situation.
