After the search has been completed, additional work is necessary. If employees consented to interviews, they should be debriefed immediately. Legal counsel should obtain the “return” of the warrant as filed with the court. Review the case and nature of documents seized with senior management. Determine documents essential to current operations. Legal counsel should
meet with prosecutor to determine the nature of his investigation and any targets. Request copies of items seized and ask how and when the originals will be returned. Legal counsel should assist in issuing a post-search memorandum to employees once again explaining their rights if approached by federal agents and instructing them to discard materials or documents only in a manner consistent with the company’s then current document retention policy. Refer all media inquiries to counsel or other designated, trained individual. Commence a privileged, internal investigation.
You do not always get the items seized by the government back from the government. In the absence of an indictment, the party seeking the return of items seized must show irreparable injury, inadequate remedies at law and callous disregard of the Fourth Amendment. Post indictment, the motion is dealt with as a motion to suppress, subject to the government’s defense of good faith. See United States v. Leon, 468 U.S. 897 (1984); Fed. R. Crim. P. 41(g). Frequently, parties have negotiated procedures for obtaining copies of the documents seized.
More later.
As always, if you have any questions, please feel free to give me a call or e-mail me at walter.james@jamespllc.com.
WDJiii
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