EFTA00637899.pdf

From: "Kobre & Kim" < To: "Jeffrey Epstein" <[email protected]> Subject: Kobre & Kim Update - Government Raids in Korea: What You Should Do When Faced with One Date: Thu, 21 Jul 2016 20:37:03 +0000 View this email online New York I London I Hong Kong I Seoul I Washington DC I San Francisco I Miami I Cayman Islands I British Virgin Islands FORWARD SUBSCRIBE WEBSITE CONTACT DOWNLOAD Government Raids in Korea: What You Should Do When Faced Kobre & Kim's Korean with One Disputes Team 21 July 2016 An on-site raid for evidence is a common tool for Korea's enforcement authorities - particularly when the public prosecutor's offices are taking the lead in high profile cases. This may surprise practitioners with US backgrounds, where authorities generally rely on voluntary subpoenas and witness interviews to collect evidence in an investigation. On occasion, the Michael S. Kim investigation might be at the behest of a foreign government, such as the US or UK. This means that corporations operating in Korea must prepare for the possibility of a raid by Email establishing a protocol and training staff. The key for company executives both on and off site is to respond calmly, ensure the raid is being conducted in accordance with the law, and alert Korean counsel to deal with the immediate occurrence and aftermath. Below are the steps that should be taken when facing a government raid in Korea — and can be adopted in many other jurisdictions where similar risk exists. Carefully Examine the Search Warrant to Ensure Its Validity. Except in an exigent circumstance (which is almost never the case in the corporate context) no on-site search may be conducted without first presenting a valid search warrant. Robin J. Balk WIXIM • Request that the on-site authority present the search warrant and review the warrant Email carefully. • If the search is being conducted after sundown, the warrant would normally have to authorize a nighttime search. • If multiple persons are subject to the warrant in addition to the corporate entity, the warrant must be presented to each and every person before the search may begin. Monitor the Search and Seizure of Electronic Data. The default rule is for the authority to identify relevant documents or data and collect such documents in either hard copy format or as an electronic copy to a new storage device. S. Nathan Park gE EFTA00637899  • Collection of the hardware that contains the electronic data, or imaging the entire hard Email drive or database, is allowed only in narrow, exceptional circumstances. • Closely monitor the search for electronic data and request that your IT staff observe the process. Understand and Follow Post-Search Procedures. It is important to understand search protocol and procedures. Contacting Korean counsel will assist in better understanding what evidence has been obtained and how that information can be used. • The searching authority must compile a list of evidence collected. The searched Won Joon Lee person has the right to examine the list. Carefully review the list so that the items may be properly returned or destroyed at the end of the investigation. • If there is an item that does not belong to the searched premise, a request can be made to the authorities to note. Remember, calling Korean counsel early is critical when facing an on-site government search in almost all jurisdictions, and this certainly holds true in Korea. The process allows for an attorney to be present, but the authority searching need not wait for the attorney to arrive at the location. This means that you must contact Korean counsel as soon as possible when the authorities appear with the warrant to address the situation immediately and minimize any potential damage caused by the raid. Jean Kim E Raids directed at companies operating in Korea are common, but not many companies are Email mindful of the risk and prepared for one. Advance preparation is essential to ensure the raids are conducted and managed properly. About Kobre & Kim: • Focused solely on disputes and investigations. • Team is led by a former U.S. Department of Justice prosecutor. • All team members are fluent in Korean and English. • The only foreign-licensed firm in Korea with offices in the offshore jurisdictions (in addition to Jeehong Seo various locations in the US, Europe, and Asia). i1 4/1X1ft Email Financial Products & Services Litigation Government Enforcement Defense • Bankruptcy & Debtor-Creditor Disputes Joint Venture & Partnership Disputes • International Judgment Enforcement & • Investigations & Monitorships Offshore Asset Recovery • International Arbitrations • Intellectual Property and Technology Litigation • Trusts & Estates Litigation • Class & Derivative Actions New York I London I Hong Kong I Seoul I Washington DC I San Francisco I Miami I Cayman Islands I British Virgin Islands This mailing provides information and comments on legal issues and developments of interest to our clients and friends and should not be construed as legal advice on any matter. The contents of these materials may constitute attorney advertising under the regulations of various jurisdictions. To update contact information, please email © 2016 Kobre & Kim LLP. All Rights Reserved. Prior Results Do Not Guarantee A Similar Outcome. Unsubscribe EFTA00637900 EFTA00637901