Corporate Investigations, Compliance & Business Crime Defence

Compliance is currently undergoing a significant development within financial institutions and its role is becoming more important due to the growing number of obligations that are imposed on such institutions. Anti-money-laundering and the related KYC obligations are probably those which constitute the more serious concern of financial clients. Another topic that triggers compliance questions is the prevention of bribery and corruption, notably in public procurements and in the construction sector.

The type of work that we regularly offer to our clients covers the following:

• conducting compliance risk assessment
• advising on compliance issues such as anti-trust laws and regulations and anti-corruption and anti-money laundering laws and regulations, amongst others the FCPA (Foreign Corrupt Practices Act), the UK Bribery Act 2010 and the WWFT (Prevention of Money laundering and the Financing of Terrorism), trade restrictions, tax compliance and environmental legislation
• reviewing compliance programs
• drafting compliance policies (AML, ABC policies, etc.)
• implementation of whistle-blower policies
• privacy issues
• training of directors and supervisory directors regarding compliance issues

The investigation phase lays the foundation of the criminal trial. As such, it must be handled in a strategic way, that ensures that the client’s rights are always preserved. In case of a (cross-border) corporate investigation, we help clients with sound advice on issues relating to fraud, bribery and corruption, regulation, export controls and sanctions, tax issues, anti-trust violations, employment issues, privacy issues, cybersecurity and due diligence.

We offer the following assistance in this context:

• preparing and assisting clients interviewed by investigative authorities
• assisting clients subject to dawn raids by criminal or administrative authorities (e.g. on-site presence, assistance to representatives of the company who must be heard, recording of the evidence collected)
• organising depositions / interrogations in collaboration with foreign attorneys and/or authorities

We assist and defend our clients also once a case is referred to criminal courts or before adjudicating bodies of regulating authorities (eg. the Financial Services and Markets Authority (FSMA), the National Bank of Belgium or the Raad voor de Mededinging/Conseil de la Concurrence).  

We offer:

• analysis of the criminal file an assessment of the risks linked to the criminal case regarding suspicion of tax fraud, violations of financial supervision laws and regulations, investment fraud, bankruptcy fraud, bribery of officials, corruption, environmental crimes and others
• preparation of clients to hearings
• defence of the case before courts of all levels
• potential negotiation of criminal settlements / guilty plea when appropriate