With greater empowerment of enforcement agencies supported by demands for greater accountability by civil society, there have been higher incidents of dawn raids. Government agencies such as the Malaysian Anti-Corruption Commission (MACC), Malaysia Competition Commission (MyCC), Bank Negara Malaysia (BNM) and other Enforcement Authorities have typically carried out dawn raids with the element of surprise in order to secure evidence that risk being hidden or destroyed, and to question individuals who may be taken off-guard by the early morning raid.
What should you do in the event that your company or home gets raided? What is the proper process and risks associated with such an investigation by an Enforcement Authority? This program is designed to help participants understand the ‘do’s and don’ts’ in the unfortunate event that a dawn raid should ever happen to you or your company.
The program will discuss the impact of first impressions on the direction of the investigation and the need to set-up an internal Special Raid team – all of whom should be adequately trained on how to respond – in the event that an investigation materialises.
The program aims to provide the participants with the necessary knowledge on what to expect during a dawn raid and how to manage it effectively. Case studies and role plays as well as a ‘live’ mock raid to test end preparedness will be employed to assist with the learning.
At the end of the program, participants will be able to:
- Understand the powers of the Enforcement Authorities and the scope of a raid;
- Be aware of how to verify the identity of the Enforcement Authorities and ascertain the mandate of their raid;
- Understand the need to form a Special Raid Team (comprising of Senior Management and HODs) within each company;
- Understand the roles and duties of a Special Raid Team in responding to the investigation during and post-raid to manage the dawn raid effectively;
- Be aware of key processes, boundaries and activities involved in a raid including the ‘allowed conduct’ of employees;
- Understand how to respond to the Enforcement Authorities under the scope of the respective laws;
- Understand what documents are protected under legal privilege and what can be read or seized by the Enforcement Authorities;
- Understand the importance of note-taking during the raid as well as detailed records that should be maintained;
- Manage all communications (both internal and external) to protect the reputational risk of the company and ensure uniformity of information disseminated.
Who should attend?
- Board of Directors
- C-Suite (CEO, COO, CIA, CRO, CFO)
- General Counsels & those working in Legal Departments
- Anyone else who may find this program helpful