1. Interviewing Witnesses: Who, What, Where, When, Why & How Markus H. Meier Assistant Director African Competition Forum March 26, 2013

2. Why Interview Witnesses? To learn facts needed to prove or disprove a possible violation of law. To get information needed to understand the industry and business practice under investigation. To identify potential witnesses for trial.

3. Who Should Be Interviewed? Complainant Competitors Customers Suppliers, Distributors, Retailers Government Agencies Business/Trade Organizations Industry Experts, Analysts, Academics The Target

4. Sequencing the Interviews Conduct interviews before or after receiving documents? Can you interview the witness more than once? Typical sequence of interviews: 1.Complainant 2.Third Parties (customers, competitors) 3. Target

5. Preparing for the Interview Set goals based on your theory of the case and the elements of proof. –Think: Why do we want to interview this witness? Collect background information on the witness and their firm using public sources. Review what you’ve learned from other interviews. Review key documents: –Those authored or received by witness –Those mentioning witness –Those discussing witness’s areas of responsibility

6. Prepare an Interview Outline Most important part of preparation. Organize the outline by topics. Consult with your team. Write notes; don’t try to write out every question. Use the outline a checklist during the interview.

7. Conducting the Interview Start by explaining the purpose of the interview and confidentiality. Then ask witness and company background questions. Listen carefully and ask follow-up questions. –Often it’s not the question you prepared that’s key, but the follow up in response to the witness’s answer. Complete one topic before moving to others.

8. Questioning Techniques Start with open-ended questions: –Who? What? Where? When? How? Why? Explain? Describe? Follow up with more narrowly focused questions to get bases and fill in details: –How do you know that? What is your basis for saying this? Why? If the witness claims limited knowledge, ask: –Who would know? What documents might help?

9. Using Documents (In-Person Interviews) Organize the documents you plan to use and cross-reference them in your outline. Make at least two copies: one for you and one for the witness. Generally best to try to exhaust witness’s recollection first, then show the document.

10. Concluding the Interview Summarize and confirm the key information learned with the witness. End the interview by asking: –Are you aware of any other information that may be relevant to our investigation? –Do you know anyone else we should talk to? Thank the witness.

11. After the Interview Conduct a “debriefing” with team members who attended the interview to confirm facts learned. Write an interview report summarizing the facts learned. –Include impressions about the witness’s suitability as a potential witness at trial. Circulate the interview report to the team.

12. Assess the Evidence Is the witness’s testimony likely to be admissible (i.e., meet the rules of evidence)? – Relevant, non-hearsay, non-opinion How persuasive is the witness’s testimony? – Credibility of the witnesses: personal knowledge, trustworthiness, and competency – Consistency and completeness of the story – Based in fact, not speculation

13. Develop a Theory Interview Witnesses Analyze the EvidenceIdentify Sources Request Documents The Investigative Process