Economic criminal law defines the framework for proper conduct to preserve business continuity and protects the economic interests of all actors in professional business.
There are two main types of white collar crime:
- organizational fraud – committed by organisations as a whole
- occupational fraud – committed by employees/groups of employees in connection with their positions, without the knowledge or approval of their employer.
The threats of white-collar crime
- Financial loss.
- Asset forfeiture.
- Negative impact on the morale of the organisation.
- Reputation and image crises.
- Creation of a lasting negative image in the eyes of the public.
- Weakening or loss of relations with business partners.
- Consumer boycotting.
- Negative impact on relations with administrative bodies.
- Loss of the company.
- Bankruptcy of the company.
Factors increasing risk:
- Regulation of certain business activities, imposed restrictions.
- Excessive tax burdens.
- New technologies facilitating cybercrime.
- Accessing or obtaining confidential information.
A key element is to provide appropriate legal security to reduce the risk of economic crime, and during crisis situations involving the following suspected economic crimes:
- financial and economic fraud,
- capital and insurance fraud,
- loan or grant fraud,
- VAT refund fraud,
- criminal liability of company officers,
- economic corruption,
- manipulation of financial instruments,
- disclosure or use of insider information in securities trading,
- prevention of money laundering,
- problems related to fraudulent record keeping,
- problems related to extortionate exploitation of the situation of business partners,
- problems related to related to assertion of claims.
How do we assist?
We provide legal assistance and advice to companies, officers and corporate executives, and organisations in crisis situations related to suspected offences against property or economic and trade related offences.
- Manager training.
- Training on the proper reporting of events relevant to shareholders (e.g. MAR – public companies).
- Anti-bribery training.
- Communication strategy.
- Broad compliance procedures.
- Anti-bribery code. A system of procedures designed to raise employee awareness of business ethics, identify threats, implement audit channels and report irregularities.
- Assessment of success in court proceedings.
- Representation of defendants.
- Representation of injured parties.
- Cooperation with law enforcement agencies.
- Development of litigation, business, communication strategies.
To suit individual projects, we offer a range of support services in the following areas:
Kochański & Partners advises in crisis situations to mitigate the risk of white-collar crime, including:
- economic and financial fraud;
- dishonesty of employees, officers and associates;
- criminal liability of corporate body members;
- fraudulent record-keeping;
- abuse of trust and conflicts of interest;
- economic and administrative corruption;
- money laundering;
- crisis situations (searches, interrogations, presentation of charges and other investigative activities);
- representation of clients in pre-court and court proceedings in criminal, criminal and fiscal, court and administrative cases;
- proceedings under the Foreign Corrupt Practices Act (FCPA) and the Bribery Act 2010.
In order to provide clients with comprehensive crisis management, the above services are delivered in cooperation with our dedicated Public Relations (PR) Department.
Advocate, Partner, Head of Litigation Practice