White-Collar Crime & Investigations

There is a growing tendency to increase the impact of criminal law on business, and many laws provide for criminal sanctions. Criminal proceedings often pose a challenge to firms and their managers, not only because criminal sanctions can be severe, but also due to other factors, of which all those who have navigated their firms through a crisis arising out of the fact that criminal proceedings are underway, are well aware. The shareholders and clients ask for information and often demand firm reaction; the employees, often without having enough facts or having to guess, are increasingly stressed and this has a discouraging and demobilizing effect; and the law enforcement authorities want adequate and prompt answers to their questions. In such circumstances assistance can come only from a person who knows the law and the working methods of the law enforcement agencies, and who can also manage the crisis and present strategies that take into account the needs and risks presented by all those who are involved in the matter.

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The team

We always work as a team. When the situation requires, we call on colleagues active in other practice areas or in other jurisdictions. We cooperate with the best analysts and experts. Our attorneys attend searches, examinations and hearings. We appear in the courtroom representing victims and as defense lawyers. This gives us a broad perspective and helps us to choose the best strategy, as we understand how the flywheels of criminal proceedings work. We always look for the best solution for our clients, be it when we recommend a harsh settlement, or when we defend or support at case before the law enforcement authorities and the courts.

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Experience

It is easier to manage a crisis born out of criminal proceedings if the client can follow previously agreed rules. We draw up and implement compliance procedures, and we help clients to become aware and build the skills necessary in the increasingly complex realities of the marketplace. Finally, we share with the clients our expertise and experience in cybersecurity. During the last decade we have carried out dozens of investigations, including forensic, open source and social media intelligence, we have examined hundreds of witnesses, and appeared before the courts and law enforcement authorities in hundreds of cases in Poland and other European countries. We advise clients from the IT, FMCG, heavy industry, distribution, finances, construction, real estate, and pharmaceutical sectors.

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Our Services

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Representation in white-collar criminal matters

• comprehensive representation of private clients, members of management boards and supervisory boards in criminal proceedings,
• defense in white-collar criminal matters at every stage of the proceedings,
• representation of injured parties before law enforcement authorities and courts,
• support in contacts with the prosecutor’s office, police and other authorities,
• development of a litigation strategy tailored to legal, business and reputational risks.

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Internal investigations and fact-finding proceedings

• conducting internal investigations within organizations,
• carrying out fact-finding proceedings concerning irregularities, misconduct and incidents,
• securing and analyzing evidence,
• conducting witness interviews,
• supporting management boards and compliance teams in establishing facts and determining next steps.

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Crisis management and emergency support

• advice in crisis situations related to criminal proceedings,
• ongoing support during searches, document seizures and other actions by the authorities,
• preparing clients for interviews, taking into account the rights and obligations of a witness or suspect, and participating in such activities,
• developing action scenarios that take into account legal, business and reputational interests,
• support in communications with shareholders, clients, employees and business partners.

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Compliance and risk prevention

• developing and implementing compliance procedures,
• creating and updating internal policies designed to reduce criminal and regulatory risk,
• designing rules of conduct for incidents and proceedings,
• strengthening an organization’s readiness to respond to breaches and crises,
• building practical compliance frameworks tailored to the specifics of the client’s business.

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Training and competence development

• training for management boards, senior management and employees,
• building knowledge and competence in the area of criminal liability in business,
• workshops on responding to actions by law enforcement authorities.

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Cybersecurity, forensics and intelligence

• legal advice in the area of cybersecurity and cybercrime prevention,
• legal advice in incident response,
• digital forensics,
• open source intelligence (OSINT) and social media intelligence (SOCMINT),
• identifying, securing and analyzing digital evidence and traces supporting fact-finding proceedings and litigation strategy.

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Types of matters

• corruption,
• fraud,
• theft,
• engaging in conductdetrimental to the company,
• tax offenses,
• offenses against creditors,
• offenses against the protection of information,
• breach of trade secrets,
• criminal aspects of corporate disputes,
• financial market manipulation, including insider trading,
• intellectual property offenses,
• offenses against natural resources and the environment, including improper waste management,
• other business and managerial offenses.

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Sector-specific advisory

• support for clients from sectors including heavy industry, distribution, IT, finance, FMCG, construction and construction materials, real estate, pharmaceuticals, railways, petrochemicals, food production, biotech, aviation and e-commerce.
• advice reflecting the regulatory and operational specifics of the relevant industry.
• solutions tailored to the client’s scale of operations, organizational structure and risk profile.