PROTECTION IN CRIMINAL PROCESSES

Criminal cases against company officials, especially for alleged economic crimes, are, unfortunately, the current reality and an integral part of doing business in Ukraine.

At the moment, any tax reassessment for a company entails the risk of criminal cases being launched against the management of said company (for tax evasion).

In most cases, a company that is under official investigation did not actually violate the law. However, this must be proved in criminal proceedings, often in parallel with the lawsuits launched by the company against the additional tax levy.

Under such legal pressure, a company’s financial and commercial information (often confidential) documents, and employees are at the highest risk.

In the course of criminal proceedings, a wide range of investigative actions can be taken concerning the company, from premises searches and questioning of employees to seizure of assets and funds.

A company should be ready and prepared well in advance in order to protect itself from possible illegal actions and abuses by law enforcement agencies.

Such risks for a company include:

– additional tax assessments (ATAs);

– cooperation with “risky” contractors;

– declared for the return of VAT;

– scheduled tax audits;

– unscheduled tax audits;

– control of a significant share of the market in which the company operates and the company is a major taxpayer;

– war with competitor(s).

Major business mistakes:

– not having a risk assessment system that is integrated into the business and legal processes.

– wrongly calculating the initial risks at the stage of making managerial, financial or legal decisions.

– not having a comprehensive strategy for protecting the company from illegal actions committed by state bodies or competitors.

– not having specialized training for company staff on how to behave during investigative actions (searches, seizures, questioning, etc.).

– lack of preparation, especially of the staff and premises, for investigative actions (searches, seizures, questioning, etc.).

– absence of internal instructions regulating the procedures for communication between staff and law enforcement agencies.

– absence of a dedicated system of “premises protection” during investigative actions.

– lack of awareness of the depth of the problem and understanding of the risks caused by it.

– not having a system of internal and comprehensive protection at all levels of both the company and management.

What losses can the business suffer?

– Financial.

– Reputational.

– Business (through external full or partial blocking of economic activity).

– Loss of market share/segment or customers.

– Seizure of original documents.

– disclosure of confidential banking information.

– leakage of confidential corporate information.

– temporary seizure of raw materials (products).

– loss of control over the situation.

What we offer:

  1. Development of an individual step-by-step strategy, including the implementation of full-service protection in criminal proceedings at all stages, when:

– a criminal case has been initiated against the company or its officers;

– a criminal case has been initiated against contractors, employees, or officials at the request of the company itself.

  1. Modelling, calculation and assessment of risks (business, financial, legal) arising from the company and its officers in connection with criminal proceedings.
  2. Providing recommendations and conclusions within ongoing criminal proceedings and those criminal proceedings that the company plans to initiate.
  3. Participation in certain investigative actions and minimizing of their negative impact on business processes:

– searches of persons or premises;

– visits by law enforcement officials;

– questionings;

– seizure of product samples;

– impounding or seizure of property;

– handing of notices of suspicion to company officials;

– bail hearings for company officials;

  1. Development and implementation of a strategy for the procedures necessary to free impounded property.
  2. Development and implementation of a strategy, as well as the necessary procedures, for the return of seized or impounded property or documents.
  3. Development of a strategy for closing criminal proceedings against the company and/or its officials and its implementation.

Advantages:

100% calculation of existing and potential risks to the company and its management related to criminal cases.

95% increase in the efficiency of the company in the course of investigative actions.

90% taking control of the situation.

70% minimization of negative consequences for the company and its management.

What you get:

– an efficient team of consultants with considerable successful experience in resolving complex conflicts and closing criminal cases against our clients, as well as the saving of hundreds of millions dollars;

– a unique methodology and tools that have been effectively applied to extract dozens of large international and Ukrainian companies from criminal proceedings;

– an original strategy for protecting the company based on the complexity and characteristics of the problems and risks that have arisen;

– a clear and understandable algorithm of actions for all employees of the company, as well as an understanding of the role of each staff member in the criminal process;

– high-quality, 24/7 legal consulting from a team of level-headed professionals;

– minimization of all types of losses for the company (financial, reputational, blocking of economic activity, loss of customers or market segment, etc.);

– restoration and improvement of the company’s reputation in the marketplace.

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