Right at the beginning of the new year, the Compliance working group met for a lecture event on the topic of “Public prosecutor investigations in the M&A context: how to avoid them – how to behave”. Attorney Désirée Maier, partner at Hogan Lovells in Munich in the area of white-collar criminal law, compliance & investigations, gave an overview of the rights and obligations of employees of a company in which a “dawn raid” by the public prosecutor’s office and the police takes place and provided numerous recommendations for practical action.
Ms. Maier began by explaining some key principles for conduct during any search by a public prosecutor, such as “no obstruction” and “accompany and document”. She then used practical examples to explain the requirements and the usual content of a judicial search and seizure order, on the basis of which the public prosecutor’s office conducts its investigations.
When questioning an employee “on site” as part of a public prosecutor’s investigation, it is advisable to give concise and precise answers and, in case of doubt, to consult a lawyer.
The participants of the event, including the Chairman of the Federal Association, Professor Kai Lucks, contributed their own experiences to the individual aspects of the presentation and discussed them animatedly with the speaker, Désirée Maier.
Report: Dr. Wolfgang Kircher, Hogan Lovells International LLP
