For 20 months, law enforcement agencies were prosecuting the leaders of a large foreign company due to open criminal proceedings. Law enforcers accused the client of misappropriating public funds in the form of VAT actually reimbursed to the operating account for the amount of over 68 million UAH.
S&P Agency Investment Risk Management entered into this case more than a year after the start of the investigation, and during 7 months of active work achieved complete dismissal of all charges against the client and the closure of the criminal proceedings due to the absence of the elements of a criminal offence in the actions of company executives. To achieve this goal, S&P Agency Investment Risk Management experts have done a great deal of work and involved company specialists from various branches of law.
According to the investigation, at the time the S&P Agency’s Investment Risk Management team of lawyers entered into the criminal case, there was adequate evidence to continue the pre-trial investigation, including the possible arraignment of the officials. To refute all the charges of the investigation and, as a result, the closure of criminal proceedings, our specialists did a tremendous work with contractors, collected documents refusing the prosecution, examined the primary documentation, obtained the required data to completely refute the arguments of the investigation.
Within the framework of criminal proceedings, S&P Agency Investment Risk Management has provided to investigators and prosecutors more than 20 applications for conducting procedural actions and more than 20 complaints to investigating judges with regard to the unlawful actions of the investigation. All complaints of the company to the investigating judges were satisfied, and the investigators were obliged to bring their actions into line with the requirements of the current law. This has led to investigators obtaining evidence that testifies the innocence of the client.
In addition, S&P Agency's Investment Risk Management lawyers filed more than 10 complaints to the highest level of prosecutor's office regarding violations by investigators and prosecutors of the law during the investigation, ignoring, and violation of client rights.
At the request of our lawyers, the investigators were given a time limit to complete the pre-trial investigation in the criminal proceedings. Lawyers of S&P Agency Investment Risk Management managed to prove the fact that investigators have used criminal proceedings for a long time for pressure on business rather than for a real investigation to establish objective truth, however, the time for a criminal investigation is quite enough to make a lawful decision.
As a result, an unprecedented decision was made, the investigators were given two months to carry out all the necessary investigative actions and end the pre-trial investigation.
As a result, after the expiration of the established period, the investigator made a decision to close the criminal proceedings due to the absence of the elements of a criminal offence in the actions of the client’s officials. The decision to close the criminal proceedings was also agreed upon by the procedural leaders, and therefore, is final.
The decision to close the criminal proceedings against the client became possible thanks to an integrated approach to the client's problem, a properly developed and implemented risk minimization strategy and legal defense strategy, as well as coherent and skilled work of many S&P Agency Investment Risk Management experts.
As a result, a large foreign company has refuted the illegality of criminal prosecution, restored proper business activities, reputation and its business position.