CRIMINAL LAW · BUSINESS AND ASSETS

White-collar and corporate criminal defense

Representation of business owners, executives, directors, shareholders and companies in investigations involving corporate decisions, financial transactions, assets, compliance and business activity.

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When a business decision becomes a criminal matter

White-collar criminal matters often arise where contracts, financial transactions, accounting, tax obligations, corporate structures and management decisions intersect.

The defense must distinguish criminal conduct from a commercial breach, an administrative irregularity or a business decision that produced unfavorable results.

Areas of representation

Criminal responsibility does not arise from corporate status

Being a legal representative, director, shareholder or board member does not automatically create criminal responsibility.

It must be established what functions each person had, what information they knew, what decision they made and their specific involvement in the facts under investigation.

Common matters reviewed

The review of a case may include:

  • Contracts and business transactions.
  • Financial statements and accounting records.
  • Banking transactions.
  • Management decisions.
  • Corporate minutes.
  • Tax filings.
  • Corporate communications.
  • Ownership structures.
  • Audit reports.
  • Documentation on the origin and destination of funds.

Defense of individuals and companies

Representation may include:

  • Preliminary inquiries and investigations.
  • Interviews and questioning.
  • Financial and documentary analysis.
  • Formal charges and precautionary measures.
  • Accusation and trial.
  • Appeal and special appeal.
  • Criminal cassation.
  • Parallel property-related proceedings.
  • Representation of companies as suspects or victims.

This representation is provided throughout every stage of the criminal proceedings.

Parallel investigations and proceedings

The same facts may give rise to criminal, tax, corporate, administrative, employment, civil or property-related proceedings.

The strategy must coordinate these scenarios, including any asset forfeiture proceedings, to avoid contradictions and protect both the procedural position and the continuity of the business and the assets of the people involved.

Frequently asked questions

Related practice areas

Consultation regarding a white-collar or corporate criminal matter

The consultation allows for review of the facts, documentation, procedural stage and potential criminal, corporate and property-related consequences.

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