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White Collar Crime

  • Representing clients in criminal and penal fiscal proceedings
  • Preparing legal opinions in the light of penal fiscal law
  • Limiting personal liability of management board and supervisory board members
  • Criminal compliance
  • Anti-money laundering
  • Providing legal advice under the Penal Fiscal Code
White Collar Crime

In our White-Collar Crime practice, we focus on managing corporate crises caused by conduct punishable under criminal law. A criminal proceeding usually affects the entire company. It destabilises managing activities, affects workers’ motivation, and undermines the trust that shareholders, contracting parties, and clients have put in the company.

Our criminal law experts provide an entire range of services regarding corporate crisis management. We represent aggrieved parties and subsidiary prosecutors. We have experience in handling all aspects of cases governed by criminal law, penal criminal law (taxes) and criminal commercial law (white-collar crime).

We advise on in-house inquiries, and devise internal regulations to limit the risk of misconduct. We offer day-to-day legal advice, legal audits, and advice on AML procedures and risk assessment in light of domestic and EU law where companies have to comply with the Act on Counteracting Money Laundering and Financing of Terrorism. The solutions that we deliver are the effect of close cooperation between specialists across all teams of our firm.

Legal advice on criminal matters

JDP criminal lawyers represent clients in criminal proceedings, and genuinely help clients to achieve their objectives. Our extensive experience in criminal litigation allows us to develop optimal defence strategies aimed primarily at obtaining an acquittal or having the proceedings discontinued, including contingent discontinuation. Even when a final and non-appealable conviction is obtained, this does not rule out taking certain further steps.

We advise and represent entities harmed by third parties, including competitors. Taking swift action, including reporting a suspected crime, can often limit potential losses. The most effective way to handle a criminal matter is to entrust the case to a criminal lawyer as soon as possible.

1. The services we provide include:

  • comprehensive defence in criminal proceedings, including cases related to corruption and allegations under penal fiscal law (tax matters);
  • representing aggrieved parties and subsidiary prosecutors;
  • analysing commercial events from the perspective of reporting a suspected crime;
  • analysing economic events and competitor’s attacks in terms of offences under the Act of 16 April 1993 on Combating Unfair Competition;
  • advising corporate body members on limiting the risk of offences in the company;
  • advising on crises, including assisting with preparation for official inspections;
  • devising and reviewing regulations required under the Act on Counteracting Money Laundering and Financing of Terrorism;
  • devising and reviewing internal regulations on limiting the risk of personal liability of individuals and companies (criminal compliance);
  • advising on creating positions and descriptions of responsibilities in terms of the risk of penal fiscal liability;
  • advising on circulation and the scope of documentation gathered for the purpose of potential criminal or criminal-fiscal proceedings;
  • assisting in reviewing a decision-making process in terms of complying with the statutory requirement of due care;
  • advising on conducting tax inspections in terms of personnel exposure to allegations under criminal-fiscal law.

2. Examples of past projects:

Criminal proceedings

  • representing clients in criminal proceedings regarding fraud, conduct to the company’s detriment, abuse of power, unlawful appropriation, VAT fraud, unauthorised access to information, corporate bribery, money laundering, and participation in an organised criminal group;
  • advising on crisis situations related to suspect detention, and representing clients in the first steps after detention and during hearings regarding the arrest request;
  • representing clients in criminal proceedings regarding the capital market in connection with alleged securities fraud, unauthorised offering of financial instruments, and use of confidential information;
  • participating in witness examination as attorneys;

Administrative proceedings before the Polish Financial Supervision Authority (KNF) regarding administrative penalties

  • representing clients in proceedings regarding administrative fines imposed by the KNF on security issuers due to breaches of disclosure obligations;
  • representing clients in proceedings before the KNF due to breaches by regulated entities;

Protection against unfair competition

  • advising on crisis situations regarding unfair competition, including representation in criminal proceedings related to disclosure and use of trade secrets;
  • auditing internal regulations on trade secret protection;
  • devising procedures on protecting company and trade secrets;

Legal opinions

  • drawing up criminal law opinions on corporate bodies’ actions in terms of acceptable business risk;
  • drawing up criminal law opinions on the management board’s efficiency;
  • drawing up opinions on economic events in light of criminal regulations;

Criminal Compliance

  • developing AML internal regulations (i.e. AML rules of procedure, risk assessment, group procedures, agreement on the application of internal security measures, identification of an ultimate beneficial owner);
  • developing compliance regulations (e.g. anti-bribery policies, procedure for supervising legal compliance and conducting internal audits), including in light of the DPSN 2021 requirements for public companies;
  • reviewing and providing day-to-day legal advice on AML procedures to institutions required to have them in place;
  • devising procedures to be followed in the event of inspections by public authorities and searches.