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Criminal Defence

In business life, often all that separates “business as usual” from criminal misbehaviour is a narrow line, which moves over time. What used to be generally acceptable some years ago may be prosecuted today. A hitherto trivial offence is now frowned upon. In a connected world, prosecutors act effectively across borders through international mutual assistance.

Many laws relevant to business contain criminal provisions, such as in the areas of financial market regulation, product safety, export control and sanctions, customs and taxes. Managers are increasingly taking measures to protect themselves from being held criminally liable for their staff’s criminal conduct under “respondeat superior” rules. The need for businesses to ensure competent representation in criminal proceedings has grown since the introduction of corporate criminal culpability. Criminal law has become a critical field for enterprises and their management.

Since commencing practising as a lawyer in 1996, I have acted both as advisor and litigator in those areas of criminal law which are relevant to business people. In product safety, tax or customs criminal cases or matters in other areas of administrative criminal law I work closely with experienced experts in administrative law. For more details, see my resume.

Integrity

Why “Integrity”, why not just “Compliance”? Aren’t they one and the same, you might ask. Well, not quite, and here is why. Compliance means complying with statutory and corporate rules. It is about avoiding doing something wrong. A compliance code mainly tells you what you are prohibited from doing, how complying with the rules will be monitored and how violations will be sanctioned.

Integrity goes one step further: it is about doing the right thing. A corporate integrity code will define values and goals which guide a company’s staff whose self-responsible conduct is then appraised based on these very values. Once a company has reached a high level of maturity in compliance, corporate integrity is the next step. Corporate integrity not only enhances a company’s reputation; it has been proven to increase a company’s commercial success through enhanced efficiency and productivity.

I have accompanied several companies on their journey to compliance; and beyond that, to their transition to integrity. For more details, see my resume.