Why compliance? Protect reputation, avoid damage to the company, exclude liability of the company and the responsible persons
Compliance consultants of various stripes and all possible specializations are a dime a dozen on the market.
Our offer: Choose experienced specialist lawyers with practical experience in white-collar criminal proceedings. We believe that you can so particularly far-sighted and practical advice in the field of compliance.
In addition: companies, industries, fields of activity and risks are as different as people themselves; therefore, we reject the "one size fits all" approach to compliance consulting often offered by other consultants in a template-like manner (and often more expensive for companies). We know: It always depends on the individual case. This applies to advice and representation of injured companies as victims of criminal acts just as it does to compliance consulting in general.
Word has spread almost everywhere: without (sufficient) compliance efforts by companies, it is no longer possible these days. Almost every day, the press reports on crimes that are alleged to have been committed from within a company, or on companies that have themselves become victims of (also external) crimes.
We are practice-proven defense attorneys and specialized from fas white-collar criminal law. We know what matters - and how to do it right
The lawyers of H2W Strafrecht look back on over ten years of experience in providing compliance advice to companies. From the very beginnings of compliance in Germany since 2006 to the most current developments in this area of practice, we continuously advise companies of various sizes and from a wide range of industries; we know what matters.
Not only because we are compliance-experienced, but also because we have worked for or defended and advised companies and defendants in a large number of investigative proceedings. We know from practice how judges and prosecutors think and assess risks of criminal liability; and we know how to defend against or prevent such risks early - and what corresponding omissions mean in later criminal proceedings. This distinguishes us from numerous other consultants who do not have first-hand knowledge of the practice of criminal proceedings.
Also indispensable for SMEs, but underestimated in practice
While large companies and corporations have already been taking compliance seriously for many years and have appropriate structures in place, the situation is often still different for smaller and medium-sized (SME) companies.
However, avoiding liability risks for the company itself, but also for the board of directors, supervisory board and management, preventing reputational damage and protecting the company is not only important for large corporations, but especially for medium-sized companies. Due to our specialized activity as lawyers specializing in criminal law, we know first-hand and from our clients that numerous criminal proceedings are being conducted throughout Germany, also against medium-sized companies and their responsible persons because of compliance violations or that the companies themselves have become victims of criminal offenses.
Our range of services in the area of compliance.
Through our compliance services, you can avoid or minimize liability risks for yourself and your company. That's what compliance is all about. If a company has become a victim of criminal acts, we support it in the investigation and assertion of damages incurred.
Our range of services in the area of compliance includes not only
- the development and implementation of so-called compliance management systems (CMS) in companies,
but also e.g.
- a continuous development of compliance efforts and ongoing advice in the field of compliance,
- the preparation of action guides, instructions, (compliance) guidelines, e.g. gift guidelines, event management guidelines (invitation to events, etc.),
- conceptualization and delivery of training (e-learning or face-to-face),
- the advice and handling of individual compliance incidents incl. legally compliant incident management,
- Request for legal opinions,
- continuous risk analysis of companies, etc.
- We plan and conceptualize internal investigations ("Internal Investigations") and conduct them in companies.
- If necessary or in the company's interest, we file criminal charges.
- If government authorities (for example, investigative authorities such as public prosecutors, police, customs, tax authorities, etc.) are already involved, we maintain contact there or establish it, if preferable.
- For companies that cannot or do not want to provide "in-house" the function of a compliance officer, we act as external compliance officer and thus mitigate corporate internal workload and liability risks.
If your company has been a victim of crime, we advise and support you in mitigating damage, clarifying the facts, safeguarding your reputation and identifying and recovering damages caused from the perpetrator.
Compliance is a legal obligation; the violation of it means civil and criminal liability of the company and its management
The duty to prevent damage, to protect the reputation of the company and its employees, but also already the clarification of the facts in the case of suspected criminal acts from within the company or but against the company are legal obligations of the corporate bodies (board of directors, supervisory board, management). It is established by case law that owners, corporate bodies and supervisors are obliged to prevent internal criminal acts and misdemeanors committed by employees as a whole. If this obligation is not fulfilled, the inactive corporate officer who has not taken any or insufficient compliance measures is often liable for civil damages, among other things. It is also often misunderstood that there is also a legal obligation to investigate corresponding suspicious cases.
In the opinion of courts and public prosecutors, companies above a certain size are obliged to set up a compliance management system and implement compliance measures. Failure to do so can result in serious disadvantages and risks for the company and those responsible in the future.
The injured company as a victim of crime
The fact that companies are damaged by criminal acts occurs almost daily. We help the injured companies to clarify the facts in a legally secure manner (internal investigations), to specifically name the damage and the responsible parties and to claim the corresponding damages from the perpetrator.
Not all company managers are aware of this: If a company does not (sufficiently) check whether and how it has been harmed, those responsible (executive board, supervisory board, management) may face its own criminal risks of breach of trust under Section 266 of the German Criminal Code.
If this is in the interest of the company, we file criminal charges, initiate and maintain contact with prosecuting authorities and exercise the rights of the aggrieved company in criminal proceedings. The main focus here is to clarify and secure existing assets, to demand compensation from the perpetrators and to enforce this.
Please do not hesitate to contact us. You can rely on our more than ten years of experience in the field of compliance. Our office is located in Berlin, but we provide advice throughout Germany.