Dawn Raids, searches and confiscation, information demands and inspection visits. It does not really matter how the authorities label the visit to your company, it is an invasive visit for your company and requires an immediate response. NautaDutilh's team is highly experienced in supporting and providing on-site assistance to all types of companies in various sectors. We have a large team of professionals with various areas of expertise who we can deploy as and when needed. Working from offices in Amsterdam, Rotterdam, Brussels and Luxembourg, our experts can be on the spot quickly anywhere to assist your company.
There are various authorities which your company may be dealing with, depending on the type of your business and the services you provide. It is very important to obtain immediate clarity about the nature of the investigation because the rules may differ from one authority to another.
- Criminal authorities, such as the Tax Intelligence and Investigation Service (FIOD) and the Public Prosecution Service (OM) in criminal or tax investigations;
- Financial regulators, such as the Dutch Central Bank (DNB) and the Dutch Financial Markets Authority (AFM) for supervised institutions;
- Competition law authorities such as the European Commission or the Netherlands Authority for Consumers & Markets (ACM) for investigations into market power and cartels;
- Other inspection services, such as the Social Affairs and Employment Inspectorate (Inspectorate SZW), Dutch Food and Consumer Product Safety Authority (NVWA), Dutch Transport Inspectorate (ILT), Regional Environmental Services, and the Dutch Data Protection Authority.
Our lawyers will ensure that, during a search or other visit by the authorities, the applicable scope, powers and limitations are complied with. An important element is the protection of privileged information within your company. Adopting a pragmatic approach, we will seek to engage with the authorities to ensure that the search or inspection is carried out as efficiently as possible, with as little impact on your operations as possible. Discretion and protection of the (legal) position of your company and employees are paramount in this regard. NautaDutilh also offers assistance and support during the follow-up process, which often consists of maintaining contact with the authorities, preparing and attending interviews with employees/witnesses, and providing additional information. NautaDutilh also has the expertise and capabilities to conduct an internal or other investigation for your company (see also Corporate Investigations team), so as to enable you to determine whether and, if so, what irregularities may have occurred within your company. This enables the company to proactively take corrective measures.
Because a search or an inspection often takes place unexpectedly, we also regularly assist companies in preparing for a possible dawn raid or inspection beforehand. Employees will then be informed to know exactly what to do and what not to do. We have a Dawn Raid Manual available for this purpose and regularly provide tailor-made training programmes. If you would like to receive our English-language Dawn Raid Manual, please click here: [Link]. For more information, download our Dutch-language dawn raid app via Apple or Google Play.
NautaDutilh's multidisciplinary team
NautaDutilh has a multidisciplinary team consisting of Corporate Crime, Public Law and EU and Competition Law experts. Our team is characterised by their pragmatic and hands-on approach. In the event of a major raid, we have the capacity to scale up and, where necessary, be present at several locations at the same time. Our staff receive specific training to manage and deal with a raid or an inspection effectively and successfully.
Publications and media
- Download the dawn raid app via Apple or Google Play
- Dawn Raid Manual (English version, to receive a copy click here [link]
- Online Dawn Raid Seminar NautaDutilh - 1 October 2020
- Assisting Telia Company during a (digital) search in a criminal investigation widely covered in the media in which the company was suspected of bribery to obtain access to the Uzbek telecoms market. We also provided support during the follow-up process. This was a multi-jurisdictional investigation carried out in the Netherlands, the United States, and Sweden;
- Assisting a transport company during a search at multiple locations over allegations of bribery and fraud, and during the follow-up process. This resulted in an irrevocable acquittal. Amongst other things, we challenged the disclosure of privileged materials and information held on foreign servers;
- Assisting an international oil company during a search conducted as part of a multi-jurisdictional investigation into foreign bribery allegations. We supervised the search, including protecting privileged materials originating from in-house lawyers and others, and provided support during the follow-up process.
- Assisting a German-based biscuit manufacturer during a search by the Luxembourg competition authority, and during the follow-up process. The follow-up process led to internal audits being carried out at the Belgian and Luxembourg business units and a request for leniency being filed with the Luxembourg authority.
- Assisting a bank during a search over allegations of violations of the Dutch Money Laundering and Terrorist Financing Prevention Act. In response to the search, we helped the bank conduct an investigation into its compliance procedures and their implementation, and a review of transactions and client files;
- Assisting a company in the Port of Rotterdam during a search by the ACM and during the follow-up process (including assisting senior management during the initial interviews, monitoring the disclosure of information to the ACM, and coordinating contacts with the ACM);
- Customised dawn raid training courses for various companies in preparation for searches or inspections.
What others say
- "NautaDutilh provide a premier white-collar crime service. They have deep market knowledge and are instructed on a range of high profile cross-border matters. The team is collegiate and user friendly and adds tremendous value as part of an international consortium of law firms on cross-border matters." (Legal500 2019)
- "The Nauta EU and competition team is very knowledgable, service oriented and facilitating." (Legal500 2020)
- "The Nauta team is very pleasant to work with, hands on and easy accessible. You receive very good value for money." (Legal500 2020)
- "Constructive attitude, pragmatic thinking within the limits of the law, approachable and social." (Legal500 2020)
- "Top notch quality in various areas of economic crime. Strong international background, very well-connected with authorities." (Legal500 2020)