Criminal business law
Managing a firm is a highly risky mission: the manager’s criminal responsibility is involved in a number of cases, whether or not he is at the origin of the offence.
He can be sentenced to financial sanctions, to a term of imprisonment, loss of civic, civil or family rights …
Preventive actions
Management of the lawsuit
Defence of the manager involved
Preventive actions
- audit of the litigation, frauds and sanctions undergone by the firm
- preventive audit of the practises of the main risk functions
- training of executives and managers; general sensitization of the exposed teams
- choice of the manager’s status, social mandates, organisation of the power within the firm
- setting up of delegations of powers and sub-delegations
- setting up and management of a system of internal procedures and risk control
- setting up of internal regulations and charters
- setting up of a good corporate governance
Management of the lawsuit
- understanding of the specificities of your trade, the environment of the dispute, identification of the facts, by going to the firm or to the site
- identification of the legal problems and reference texts
- case law research
- working out of the strategy to be adopted for the proceedings
- analysis of the specificities of the other party and the judges to adapt the action and the discourse
- advisedly use recognised experts to convince the magistrate
- adaptation of the pleadings to the identified expectations of the magistrate
- systematic presence at all the hearings, to assist you if your presence is required
Defence of the manager involved
- at the time of social problems: safety in the workplace, offence preventing or hindering a union to carry out its normal duties, non-declared work, harassment…
- at the time of environmental problems
- at the time of commercial problems (sales methods…)
- at the time of financial problems: illegal use of corporate funds, breach of trust…
- at the time of accounting and tax problems: sincerity of the accounts, falsification of accounts, customs…
- following control operations carried out by regulation authorities: General Directorate for Fair Trading, Consumer Affairs and Fraud Control , Competition Council, AMF, CNIL…
- for faulty management
- in the event of the company failure: make good liabilities, personal bankruptcy, prohibition to manage…
