Criminal law in the business world, both nationally and internationally, nowadays has two complementary aspects.
Firstly, the preventive or prudential aspect which concerns the rules of compliance which aim to prevent, or at least minimise, the risk of committing criminal offences such as money laundering, corruption or tax fraud.
Secondly, the repressive aspect which concerns the legal procedures and recourses to which companies may fall victim as perpetrators of certain crimes such as environmental violations, counterfeiting or cybercrime.
Regulating the economic activities of companies, criminal law cannot be ignored. For companies facing criminal risks and increasing non-compliance violations of criminal and quasi-criminal law, it has become urgent to master its concepts, rules and principles.
And for good reason. Company directors can be held criminally liable during the course of their economic activities and thus expose themselves to legal, administrative and financial sanctions linked to international, European or national standards.
Criminal lawyers who know the rules of criminal law, are informed of the latest recommendations of the regulatory authorities and have a global vision of the legal, social, financial and environmental sanctions that their clients risk will be more than indispensable.
Our team of more than 130 lawyers with multidisciplinary skills enables us to provide our clients with legal services in virtually all areas of business criminal law:
• Financial criminal law
• Criminal tax law
• Social criminal law
• Administrative criminal law
We are also competent to advise you and accompany you in a compliance approach in order to prevent risks linked to tax, banking and financial regularizations that can lead to penal sanctions.
Indeed, regulations in the business world, both nationally and internationally, have become increasingly complex in recent years. As a result, compliance with these regulations poses enormous challenges and can expose you to legal action if you fail to comply. In addition, these regulations continue to evolve along with your business. Today, it is therefore more than necessary to call on the services of a law firm qualified in criminal law and in the compliance process in order to enable you to be up to date with the various regulations with which you must comply and to defend you in legal proceedings.
Compliance concerns all the practices implemented by companies or other organisations to detect, prevent and mitigate the risks related to possible breaches of the regulations that concern them.
Today, a criminal judge will mainly consider that the intentional factor of a criminal offence committed by a company is found in the lack of controls, verifications, due diligence procedures and precautions of the company’s manager regarding its activities. Therefore, the intent to commit a criminal offence is found in the non-compliance with the laws of criminal business law.
Our role in compliance is to take your business to the next level of legal compliance. Whether you are a Compliance Officer or an in-house lawyer, our expertise can help you achieve full control of the compliance process. We can provide you with practical advice on many aspects of compliance.
Namely, we are competent to perform the following;
• Risk maps
• Audits of different company practices
• Raising awareness of anti-corruption among business leaders
• Creation of a code of conduct or an ethical charter
• Training of the personnel involved
• Anti-money laundering (AML) advice
• Advice on FATCA (Foreign Account Tax Compliance Act), which consists in fighting tax evasion by American taxpayers
• Know your customer : Verification of the identity of corporate customers, mainly banks (KYC)
• Advice on antitrust laws and regulations
• Advice on international sanctions of a diplomatic or political nature (embargoes, trade or financial restrictions, etc.)
◦ Violation of international law
◦ Violation of human rights
◦ Infringement of the policies of a state or democracy
• Anti-discrimination advice in the workplace
◦ Gender Equality (equality of men and women at work)
By relying on our specialized compliance team, we will enable your company to design and implement an effective and operational compliance program that is useful for your corporate governance.
Our team of attorneys specializing in criminal law and compliance focuses on general criminal law as well as criminal regulations sanctioned in the field of economic activity of legal entities and their managers. We are able to advise and assist private entities such as SMEs or self-employed persons, public institutions, as well as company directors and senior executives.
As an expert in criminal law and compliance, we advise you on all legal issues in criminal matters that your company faces in the course of its business. We also advise you on how to strengthen your business policies to prevent criminal risks, based on a risk analysis and the performance of criminal and compliance audits for companies, their management or employees.
Thanks to our team of lawyers specialised in all areas of law, our criminal law and compliance department can rely on interdisciplinary support to ensure voluntary regularisation work (legal watch) in order to avoid criminal proceedings and other sanctions.
We can assist you during the investigation phase in various aspects (searches by the criminal authorities, investigation, recording of evidence, depositions and interrogations, criminal mediation, etc.) as well as during criminal proceedings.
In criminal proceedings and court cases, we represent both the alleged perpetrators and the victims of criminal offences. We place our clients at the centre of our work methodology and are based on a solution-oriented approach. Our team will assist you in defending your interests in the event of an investigation launched by a regulator or other administrative or judicial authority.
We are competent to represent and defend you in criminal proceedings before the courts:
• Belgian Court of Cassation
• Constitutional Court
• European Court of Justice
• European Court of Human Rights
More specifically, we provide legal representation and assistance in matters of corporate criminal liability at various levels, namely ;
• White collar crime (financial crime)
• Falsification (forgery and use of forgeries)
• Money laundering
• Cybercrime and other information technology crimes
• Financial fraud
• Investment fraud
• Insider trading and market manipulation
• Unfair and fraudulent commercial practices
• Private corruption (public officials) and influence peddling
• Bankruptcy and its violations
• Misuse of corporate assets and breach of trust
• Specific violations of company law
• Tax fraud
• Criminal offences in the field of social security and labour regulations
◦ Non-compliance with health and safety working conditions
▪ Workplace accidents, including physical injuries, disabilities or fatalities.
◦ Offences against the dignity of individuals
◦ Illegal employment
• Environmental crimes (offences against the protection of nature and the environment)
◦ Soil pollution
◦ Water pollution
◦ Abandonment of waste
• Breach of professional secrecy
• Grant fraud
• Receipt of inheritance
• The exit procedure
If you wish to benefit from a great expertise in the field of criminal law and compliance with the help of lawyers adapted to your problems and able to offer you a tailor-made solution, do not hesitate to contact us. We can be reached by e-mail and on our website GOlegal and will contact you within 24 hours.