Access Points: How To Respond To Raids By UK Investigating Authorities

• Published date: 13 May 2022
• Subject Matter: Corporate/Commercial Law, Criminal Law, Corporate and Company Law, White Collar Crime, Anti-Corruption & Fraud
• Law Firm: WilmerHale
• Author: Mr Lloyd Firth

This blog post was first published by Money Laundering Bulletin on May 11, 2022.

Following recent media reports of raids conducted by the UK National Crime Agency (NCA) - including at domestic residences - as part of a COVID-linked fraud investigation, and visits by the UK Serious Fraud Office (SFO) to numerous commercial properties as part of a fraudulent trading and money laundering investigation, this article highlights some of the key practical and legal matters that companies and individuals should have front of mind in the event of an unannounced visit by a UK law enforcement agency.

A wide variety of UK investigating authorities can apply, without notice, for warrants authorising the authority to enter, search for and seize documentation relevant to its investigation. These include the police, the Financial Conduct Authority, the Competition and Markets Authority, HM Revenue & Customs, the Information Commissioner's Office and the Health and Safety Executive, as well as the NCA and the SFO.

Unannounced visits, often by significant numbers of investigating officers bearing a court-issued warrant, are unavoidably stressful events. With expert guidance and some forward planning, however, the potential adverse impact of such a visit can be mitigated so that the company or individual's legal interests are properly protected, their legal obligations are discharged and disruption to ongoing commercial or domestic life is minimised.

A number of critical strategic decisions that can have a lasting impact on the shape and outcome of an investigation must be taken at speed during a raid:

• Should the investigating authority be permitted or refused access to the premises?
• Should a defective warrant be challenged and how?
• Should requested documents be disclosed or withheld?
• How should legally privileged material be dealt with?
• How should questions that are asked of, and interviews conducted with, staff members during the raid be handled?

All this bearing in mind that if an individual resists or intentionally obstructs the investigating authority during the exercise of the powers granted by the warrant, they may be guilty of a criminal offence and any attempt to destroy or hide documents may amount to a separate criminal offence of perverting the course of justice.

The following is intended as a non-exhaustive guide to some of the key steps that should be included in a company or individual's toolkit for responding effectively to a raid.

Arrival of investigating...