We have acted for clients in high profile and complex ASIC and ACCC civil and white-collar criminal investigations. These investigations are highly invasive and disruptive to any business. Our approach helps to minimise the impact on your business at the same time as maximising the prospect of successfully defending any allegations that are made.
If you think you may be the subject of an investigation, or you are required to attend an examination or produce documents, it is important to act quickly.
The best defence is to be prepared
If you are contacted by a regulator, we suggest that you follow the following protocol:
- Appoint legal advisors immediately and consider separate legal representation for individual employees or officers. This is particularly important to assist individuals prepare for any necessary statement, explain the privilege against self-incrimination and legal professional privilege and attend the examination with the individual.
- All organisations should ensure they have a document management system in place that manages all communications and documents that may be relevant to any later request for production. This reduces time and costs in recovering any documents (that may fall within a broad terms of reference) and can assist to ensure a prompt and cooperative response.
- Consider an internal investigation to assist the organisation understand the scope of any inquiry.