White-collar, corporate and financial crime defense
Representation of business owners, executives, directors, shareholders, employees and companies involved in investigations concerning corporate decisions, financial transactions, business assets and accounting or contractual documentation.
Discuss the caseWhen a business dispute becomes a criminal matter
A financial loss, contractual breach or unsuccessful business decision does not automatically constitute a white-collar criminal offense.
The defense must distinguish commercial risk from criminal conduct, identify the decisions made by each person and determine whether legally relevant knowledge, intent and participation existed.
Matters covered
Fraud and breach of trust
Cases involving alleged deception, disposition of assets, administration of funds or contractual conduct attributed criminal significance.
Disloyal administration and private corruption
Investigations concerning decisions by directors, officers, employees or third parties that may have affected a company's assets or interests.
Documentary, accounting and corporate falsehood
Review of contracts, certifications, invoices, accounting records, corporate minutes and documents used in business transactions.
Tax, customs and foreign-exchange criminal exposure
Representation in investigations arising from financial information, international operations, tax obligations or supporting documentation.
Unauthorized fundraising and financial operations
Cases involving investments, loans, receipt of funds, financial intermediation or operations allegedly conducted without required authorization.
Fraudulent insolvency and concealment of assets
Investigations involving transfers, disposition or concealment of property from creditors, authorities or judicial proceedings.
Criminal responsibility is individual
A corporate position, shareholding or membership on a board of directors does not automatically establish criminal responsibility.
The investigation must determine each person's actual conduct, knowledge, duties and concrete participation in the decision under review.
Common evidence
These cases may involve:
- Contracts and business communications.
- Financial statements and accounting records.
- Board and management minutes.
- Emails and electronic messages.
- Tax filings.
- Invoices and payment records.
- Banking transactions.
- Audit reports.
- Financial or accounting expert evidence.
- Statements from shareholders, employees and third parties.
Evidence must be examined within the complete context of the transaction.
Representation throughout the proceedings
Representation may include the full scope of criminal defense and legal representation, with defense from investigation through appeals:
Internal investigations and parallel proceedings
A business dispute may simultaneously generate:
- Criminal proceedings.
- Commercial or civil proceedings.
- Tax proceedings.
- Corporate investigations.
- Precautionary measures over assets.
- Employment disputes.
- Administrative proceedings.
- Internal company investigations.
The strategy must coordinate these matters, supported by corporate criminal compliance programs, to prevent contradictions and protect the position of the individuals and companies involved.
Frequently asked questions
No. Criminally relevant deception must be established; a civil or commercial breach is not sufficient by itself.
No. Criminal responsibility depends on the person's own conduct, knowledge, duties and actual participation.
Yes. A company affected by fraud, disloyal administration, false documents or other offenses may exercise the rights granted to victims.
It depends on their authenticity, context, preparation and relationship with the remaining evidence.
Yes. Authorities may impose precautionary measures or initiate parallel property-related proceedings.
Yes. Information and documents provided for the assessment of the matter are protected by professional confidentiality.
Related publications
Consultation regarding a corporate criminal matter
The consultation allows an initial review of the facts, documentation, procedural stage and potential criminal, business and property-related consequences.
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