WHITE-COLLAR CRIMINAL LAWCriminal Law Advice and Defence for Managing Directors and
Criminal Law Advice and Defence for Managing Directors and
Companies
White-collar criminal investigations can place companies and responsible individuals under considerable legal and commercial pressure within a very short period of time. Searches, seizures, criminal investigations or allegations of business-related offences require an early and strategic response.
JSE LEGAL advises and defends entrepreneurs, managing directors, shareholders and companies in white-collar criminal matters and handles cases at the intersection of criminal law, corporate law and managerial responsibility.
Personal Defence
German | English | Russian
Law Firm in Munich
DEFENCE & STRATEGY
Early Action Can Significantly Influence the Course of Proceedings
White-collar criminal proceedings often begin long before charges are brought. Important decisions are already made during the investigation stage, documents and electronic data are reviewed, witnesses are interviewed and, in some cases, assets are secured.
For suspects and companies, it is therefore important to clarify their legal position at an early stage, obtain access to the investigation file and plan the next steps on the basis of the actual status of the investigation.
JSE LEGAL supports clients from the first contact with investigating authorities through the investigation stage and, where necessary, criminal court proceedings. In addition to criminal law risks, possible effects on the company, management position and ongoing business relationships are also taken into account.
WHITE-COLLAR CRIMINAL LAW
Defence and Advice in White-Collar Criminal Proceedings
Our work includes criminal defence in investigation and court proceedings as well as legal advice for companies and responsible individuals facing white-collar criminal risks and investigative measures.
01
Criminal Investigations
Defence of suspects and advice to companies from the early stages of white-collar criminal investigations.
02
Searches & Seizures
Legal support during searches of business premises or private residences as well as the seizure of documents, electronic data and other items.
03
Asset Freezing & Confiscation
Advice on measures to secure or confiscate assets in criminal proceedings and on the resulting economic consequences.
04
Managing Directors & Entrepreneurs
Criminal law advice and defence for managing directors, shareholders and entrepreneurs facing allegations connected with their business activities.
05
Business-Related Criminal Offences
Defence and advice in relation to allegations such as fraud, breach of trust, money laundering and other property- or business-related criminal offences.
06
International Proceedings
Legal support in cross-border white-collar criminal matters and for international clients in proceedings with a connection to Germany.
SEARCHES
When Investigating Authorities Arrive
A search often confronts companies and affected individuals with an exceptional situation without prior warning. Decisions must be made quickly while investigators search business premises or private residences, review documents and secure electronic data or other items.
At this stage, unconsidered statements or the uncoordinated disclosure of information can influence the further course of the proceedings.
Affected persons should not obstruct lawful investigative measures, but they should also not feel compelled to make spontaneous statements regarding the allegations. The search warrant and the scope of the measure should be reviewed, and the next steps should be coordinated with defence counsel as early as possible.
JSE LEGAL assists companies, managing directors and other affected persons with the legal assessment of the measure, communication with the authorities and the development of the further defence strategy.
No Premature Statements
Suspects are not required to make spontaneous statements regarding the allegations.
Document the Measures
The search, seized items and significant events should be documented as clearly as possible.
Coordinate the Defence
The further strategy should be determined after reviewing the allegations and, where possible, the investigation file.
JSE LEGAL
Personal Defence. Clear Strategy.
White-collar criminal defence begins with a careful analysis of the allegations and the available evidence.
On this basis, a defence strategy is developed that takes into account both the criminal law situation and the personal and commercial interests of the client.
JSE LEGAL handles matters personally, confidentially and with a particular understanding of business and corporate contexts.
CORPORATE RESPONSIBILITY
When Criminal Allegations Affect the Company
White-collar criminal proceedings often affect more than just individual persons. Investigations against managing directors, senior employees or other responsible individuals can also have significant consequences for the company itself.
Alongside the criminal defence, questions may arise regarding management positions, internal responsibilities, communication within the company, preservation of documents or cooperation with investigating authorities.
By combining white-collar criminal defence with corporate law advice, JSE LEGAL can address these interfaces within a coordinated strategy.
INTERNATIONAL
White-Collar Criminal Proceedings with an International Dimension
International business structures, cross-border payments, foreign companies or assets may result in white-collar criminal investigations involving several jurisdictions.
JSE LEGAL advises international clients in white-collar criminal proceedings with a connection to Germany and assists with the coordination of cross-border matters.
Where foreign law is involved, cooperation with appropriately qualified legal counsel in the relevant jurisdiction can be coordinated.
FREQUENTLY ASKED QUESTIONS
FAQ - White-Collar Criminal Law
What should I do if I am subject to a criminal investigation?
Suspects should generally avoid making premature statements regarding the allegations. A meaningful defence strategy can usually only be developed once the specific allegations are known and the investigation file has been reviewed. Early legal advice can help avoid mistakes during the initial stage of the proceedings.
Do I have to speak to investigators during a search?
Suspects are generally not required to make statements regarding the allegations. Lawful search measures must not be obstructed, however. It is advisable to involve legal counsel as early as possible and to refrain from making substantive statements until the situation has been reviewed.
Can a managing director be personally criminally liable?
Yes. Managing directors may be criminally liable for their own conduct and, in certain circumstances, for breaches of duty connected with their management role. Whether personal criminal responsibility exists depends on the specific allegations, the allocation of responsibilities and the factual circumstances.
Can assets be secured during a criminal investigation?
Under certain circumstances, assets may be secured through criminal procedural measures, particularly in preparation for possible later confiscation. Such measures can have significant economic consequences and should be reviewed legally at an early stage.
What does access to the investigation file mean?
The investigation file usually contains important information regarding the allegations, evidence and the current status of the proceedings. Knowledge of the file is therefore often essential for developing an effective defence strategy.
Does JSE LEGAL also advise international clients?
Yes. JSE LEGAL advises international clients in white-collar criminal matters with a connection to Germany. Advice is available in German, English and Russian.
FAST. DISCREET. PERSONAL.
At Your Side in a Sensitive Situation
Are you affected by a criminal investigation, a search or a white-collar criminal allegation? Contact us at an early stage so that the situation can be assessed and the next steps coordinated.
Let’s Discuss Your Business Needs
Do you have a legal matter?
We provide personal, strategic and internationally focused legal advice for companies, entrepreneurs, investors and shareholders.
Phone
+49 (0) 89 215 51 061
Mon. – Fri.: 11:00 a.m. – 4:00 p.m
Location
Munich, Germany
In-person and online consultations available.
