Complex support of 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.

Our company offers a comprehensive approach to the protection of the victim in criminal proceedings. We thoroughly study the details of the case and offer support at the highest level. Our specialists ensure that the due process guarantees established to protect the aggrieved client are respected. We have many years of experience representing client’s interests in criminal and criminal tax cases. In addition, we represent client’s interests in litigation against unfair competitors.

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.
  2. Modelling, calculation and assessment of risks (business, financial, legal) arising from the company and its officers in connection with criminal proceedings.
  3. Providing recommendations and conclusions within ongoing criminal proceedings and those criminal proceedings that the company plans to initiate.
  4. Implementation of the strategy and implementation of the protection of the interests of the company and its officials at any stage of criminal proceedings.
  5. 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.
  6. Development and implementation of a strategy for the procedures necessary to free impounded property.
  7. Development and implementation of a strategy, as well as the necessary procedures, for the return of seized or impounded property or documents.
  8. Development of a strategy for closing criminal proceedings against the company and/or its officials and its implementation.

Advantages

90%

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;

control over the situation and the absence of panic;

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.

S&P Agency for business in numbers for recent years

560million

returned illegally locked VAT

400million

tax burden reduced for investors

1billion

26 criminal cases against corporate executives of foreign companies on tax evasion were closed totaling

5$billion

billion returned assets

2,5 $billion

billion saved costs

350

conflicts settled

We conducted training for more than 45 foreign companies whose gross revenue is 30% of GDP of Ukraine

Reviews

Olga Avdeeva

Shindler
Financial director

Briefly, meaningfully, practical cases – very well

Valentina Eremeeva

Geberit Traiding LLC
Chief accountant

Substantially, useful and I appreciated that the speakers complemented each other.

Lada Kiselyova

RLG Ukraine LLC
Chief Accountant

Very useful and actual information.

Olexandr Melianchuk

CLO at an International pharmaceutical company

Thank you! Very nice and meaningfully!

Vadim Novosad

Imperial Tobacco Ukraine
Head of security service

A thorough, structured presentation of the material with practical advices based on real cases.

Oleg Gudim

Delta Medical LLC
CLO

Useful information which can be used in the working process.

Question-answer

  • Why do you need a lawyer in criminal proceedings?
  • The cost of defending a lawyer in a criminal trial?
  • When do you need a criminal defense lawyer?
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