White Collar Crime

White-collar crime is on the rise both nationally and internationally.

This development in combination with a number of factors has resulted in a growing need for legal advice in the area. Such factors include a growing global trade and new national and international increases of liability, as well as penalties where both the business and the management may become liable in damages and incur criminal liability if an employee or a business partner commits a criminal offence.

Our Advice

M&S’ experienced team provides advice in matters where businesses have been subject to a crime and in matters where the authorities demand that sanctions be imposed against the business, the employee or the management as a result of a criminal offence having been committed or the breach of special legislation.

In recent years the authorities have not only increased the number of, but also the strength of the sanctions under criminal law imposed on businesses and their responsible individuals. It means that for the first time businesses themselves may have to face a criminal charge or a charge against its employees or management. The above applies in particular to the special legislation in the following areas:

• Competition law
• Capital market law
• Anti-money laundering law
• Corruption
• Company law
• Environmental law
• Accounting law
• Tax law, and
• The law on trade authorisations

Our advice includes handling the actual criminal proceedings and managing the internal and external legal issues that often come into play in cases of white-collar crime.

Our Team

M&S’ team consists of specialists in criminal procedure and the above special legislation and they are also widely experienced in insolvency matters.

Further Information

If you would like to read more about the measures that a business can take to avoid breaching legislation, please go to our “Legal Risk Management” practice area.