First and foremost, it is important to understand that the Economic Security Bureau is a law enforcement agency that is not your friend and does not act in your best interests. The EBB’s purpose is to investigate, seize evidence, conduct interrogations, and perform forensic analyses based on the seized documents. Therefore, regardless of how the investigator and field agents may behave, they have one goal—to obtain documents and information—not to befriend you.

If the EBS arrives to search your business and you have not contacted attorneys in advance, it is important to act carefully and thoughtfully.

You must inform the investigator that the company wishes to seek legal assistance from a lawyer and that a lawyer from the free legal aid center needs to be summoned. At the same time, you can also request a lawyer by searching for a list of law firms that provide legal aid within the city where the search is taking place.

A search does not imply that anyone is guilty; it is part of the investigative process. It is important to immediately:

• record the time and the number of people who arrived;
• check their documents: identification cards and the court order authorizing the search;
• determine the procedural status of each person: who is the investigator, who are the witnesses, and whether there are any technical experts present.

The investigator is also required to explain the grounds for the search, the criminal proceeding it relates to, and what documents or items are being sought, as well as to ask you to hand them over voluntarily.

Be sure to review the court order, paying particular attention to the following details in the order:

• the name and address of the business—these must match exactly. If the order does not match the address or the entity, point this out and have it recorded on video during the investigative action (video recording is mandatory). Additionally, this must be noted in your objections to the protocol;
• the grounds for the search—whether it pertains specifically to your company’s activities;
• the list of items authorized for seizure—anything beyond this scope must be reported to the investigator, and you should point out that the seizure is unfounded; however, if items are seized, be sure to note this in your objections to the search protocol.

This is important because the seizure of items and documents not specified in the court order grants them the status of temporarily seized property. There is a separate procedure for the legalization (seizure) of this category of property; deadlines are set for filing a motion with the court, and it is possible to defend this property during the court hearing itself.

Also, ensure that an authorized representative of the company is present. The company representative must be present at all stages of the search. Their tasks are to:

• monitor compliance with search procedures;
• document any potential violations (for example, the seizure of employees’ personal belongings, the “accidental” turning off of cameras, or the search of premises without witnesses or other participants).

Under no circumstances should you resist, but do not agree to everything either. Company employees have the right to be present and ask clarifying questions, but they must not obstruct the search.

At the same time:

• do not sign any documents you do not understand or with which you disagree; write “I disagree” or “I have reviewed this, but my comments will be submitted separately”;
• do not provide explanations without a lawyer present. During an investigative action such as a search, the individual is not interrogated. If the investigator has questions, they must summon the individual by serving a summons, and the individual must properly prepare for the interrogation and arrive with a lawyer. Any statements made during a search are not recorded in any protocol that is carefully reviewed, but the investigator still obtains information that they can later use against you;
• Do not allow documents or equipment to be seized without a proper inventory and copies. If the investigator intends to seize original primary accounting documents or founding documents, demand that copies be made for your own use and file a motion to have these documents seized in copy form.

If the investigator intends to seize computer equipment or cell phones, be sure to file a motion to inspect such property during the search to establish that it contains no information relevant to the pretrial investigation, and to demonstrate that the seizure of such property is unfounded.

However, it is important to understand that any request by the investigator for a voluntary inspection of the devices with a promise not to seize them may be a ploy, since the devices are often password-protected; if you voluntarily provide the password, the devices will be seized.

Therefore, you should consult with an attorney before allowing such items to be inspected.

After the search is complete:

• obtain copies of all documents drawn up during the investigative proceedings;
• prepare an internal record: who was present, what exactly was seized, and which documents were signed;
• conduct a legal assessment of the law enforcement officers’ actions: were there any violations that can be challenged?

After the search, contact attorneys who specialize in protecting businesses from unwarranted pressure, and file a complaint regarding any violations that may have occurred. If necessary, prepare a press release for the media.

Even if the business was not prepared for the search, taking measured initial steps significantly reduces the risk of abuse. The key is to act calmly, demand compliance with procedural rules, and engage a qualified attorney as soon as possible.