When the Government Comes Knocking

Abstract

Its 6:15 AM and a knock at the door arouses you from your sleep. In shorts and a tee shirt you go to the door and ask who is there. It’s the Justice Department with the FBI in tow. There has been no advance notice of this visit and they are not here to arrest you, but on the street of your bucolic neighborhood are several black suburbans and other assorted official vehicles. Sound unlikely? This exact scenario played out for the General Counsel of a company well known in its industry. The DOJ officials told this General Counsel that they were going to question others both in and outside of the company about alleged wrongdoing and wanted information from the GC to help them in their interviews. The GC in question knew that they did not have enough for a search warrant of the company, but he also knew that this was the opening salvo of what would likely be a long fight with the Government.