Lawyer Svystula about searches in businesses
In Ukrainian realities, a search has become a tool of pressure on business that cannot be completely avoided. But competent multi-level preparation allows you to significantly reduce the risks and negative consequences for the company. This was told to Informant by a criminal law lawyer specializing in White-collar crime, managing partner of the law firm PROCTOR, Darya Svystula.
A search does not occur in a vacuum. It is always preceded by certain signs. Businesses should pay attention to:
- cooperation with state structures and participation in tenders is a traditional area of increased attention for law enforcement officers,
- criminal proceedings against counterparties – especially regarding tax crimes, fraud or money laundering,
- competitive attacks – when investigative actions initiate “connections” of competitors to discredit or block a business,
- Document requests, subpoenas, or suspicious visits are a signal to immediately inform management and lawyers.
“If you observe several such signs, you should prepare for a search today,” Svystula indicated.
How to prepare for a search
Legal protection
- remove documents, seals, valuables and equipment from the office that may raise questions,
- conclude individual contracts with lawyers for managers and key individuals,
- prepare instructions for actions during a search, conduct training and simulations,
- monitor court decisions regarding counterparties,
- involve lawyers and analysts to assess threats.
Technological protection
- use cloud services and data encryption,
- check corporate networks for vulnerabilities,
- implement a “clean desk” policy and limit access to information,
- set up remote work as a plan “B”,
- Instruct staff on what to do in the event of a search.
“Remember: a weak Wi-Fi password can open access to all corporate information,” Svystula emphasized.
Behavior during a search
- immediately call lawyers, check the documents of law enforcement officers,
- require video recording,
- turn off computers, keep personal belongings with you,
- to control the actions of investigators and witnesses, not to leave them unattended,
- carefully record all comments in the minutes,
- not to give explanations without a lawyer, not to acknowledge the ownership of the found items.
“The key rule is to remain calm and enlist the support of lawyers,” Svystula emphasized.
Behavior during the search, photo from Instagram page: advokat.daryasvistula
How to protect your reputation
The fact of a search always has an informational resonance. Reputational losses may be more serious than legal consequences. Anti-crisis communication:
- act promptly, especially in the first 24 hours,
- have a ready plan and pre-prepared messages,
- involve business associations and partners,
- be open and truthful in public communication.
What you can’t do:
- staying silent is always against business,
- hide from the media,
- disseminate false or promotional information.
Crisis management is a professional job that is best delegated to specialists.
“It is impossible to completely protect yourself from a search. But your readiness determines the scale of the consequences. Legal protection, technological security, trained personnel, and competent anti-crisis communication form the foundation of a protected business. The price of inaction is too high. Therefore, you need to prepare today,” Svistula added.
Lawyer Svystula about searches in businesses
In Ukrainian realities, a search has become a tool of pressure on business that cannot be completely avoided. But competent multi-level preparation allows you to significantly reduce the risks and negative consequences for the company. This was told to Informant by a criminal law lawyer specializing in White-collar crime, managing partner of the law firm PROCTOR, Darya Svystula.
A search does not occur in a vacuum. It is always preceded by certain signs. Businesses should pay attention to:
“If you observe several such signs, you should prepare for a search today,” Svystula indicated.
Legal protection
Technological protection
“Remember: a weak Wi-Fi password can open access to all corporate information,” Svystula emphasized.
“The key rule is to remain calm and enlist the support of lawyers,” Svystula emphasized.
Behavior during the search, photo from Instagram page: advokat.daryasvistula
The fact of a search always has an informational resonance. Reputational losses may be more serious than legal consequences. Anti-crisis communication:
What you can’t do:
Crisis management is a professional job that is best delegated to specialists.
“It is impossible to completely protect yourself from a search. But your readiness determines the scale of the consequences. Legal protection, technological security, trained personnel, and competent anti-crisis communication form the foundation of a protected business. The price of inaction is too high. Therefore, you need to prepare today,” Svistula added.
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