The United States Government is increasing its enforcement and audit presence, especially with regard to issues involving immigration and employer sanctions. Audits and reviews are currently being performed by either agents of the United States Government, or by contractors or investigators engaged for that purpose. In the past,investigators have contacted companies in advance to inform them of an audit or investigation and schedule a convenient meeting time. Now they simply arrive unannounced at the business and ask for information. It is critical that staff who may be the first point of contact, such as the receptionist or other front desk personnel, be educated about how to conduct themselves in the
event this occurs.
Front desk personnel should be instructed that they are not to provide any information. They should request to see identification and then should contact the company official who will serve as the company spokesperson in dealing with the Government auditor or investigator. There should be one specifically designated individual within the organization who will serve this function and all staff should be made aware that this is the only person authorized to talk to a Government agent or investigator. The front desk personnel or receptionist should be cooperative
but should indicate that they are not authorized to provide the information.
Unless the Government agent or investigator presents a search warrant or subpoena for specific information, documents or items to be produced immediately, you or your members may request that they schedule a more convenient time to return. You may not refuse to speak with them altogether. It is to your benefit to be cooperative in providing what they request, if it is a legally sound and reasonable request, without providing them with any additional documentation or information. Often agents will engage in conversation to uncover details that may lead to further
avenues of investigation.
Friday, August 28, 2009
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