Criminal Defence for Businesses

The Criminal Defence Practice examines a company's business model to determine whether its officers or beneficiaries may be exposed to criminal liability, and assists in taking steps to mitigate such risks. A criminal risk audit conducted prior to a law enforcement or regulatory investigation can save a company time and money and protect it from the actions of unethical competitors and counterparties.

─     Clean Desk Audit

A "clean desk audit" is an audit of documents to determine their "sensitivity" in the event of a law enforcement search, with a follow-up report on each document that may be of interest to law enforcement. This service includes a briefing on how to act in the event of a search and assistance in drafting policies on how the client's departments should deal with a law enforcement visit.

─     Cascading of Liability

Many articles of the Criminal Code relating to business activities provide that the general director, as a single-member executive body, is criminally liable by default. Meanwhile, employees in charge of a particular activity can avoid liability. Properly drafted company bylaws and job descriptions can help cascade liability. BGP Litigation attorneys review company bylaws for cascading liability in the context of a wide range of Criminal Code articles.

Audits by a competent authority can expose a company's top managers to criminal prosecution for tax offences, offences relating to the violation of employees' labour rights, etc. To avoid such a scenario and to minimise its risks, it is important for a company to be prepared for regulatory audits. BGP Litigation lawyers will review the inspectors' requests, provide full legal support to the company during the audit, and train the company's employees and managers on what constitutes lawful and safe conduct during an audit by regulatory or law enforcement authorities.

Our lawyers also provide comprehensive legal support: from direct involvement in the investigation and interaction with law enforcement agencies, developing a defence case and preparing the company's managers and employees for the investigation proceedings, to appealing on behalf of the client against unlawful actions and procedural decisions of law enforcement authorities, and representing the client in court during the appeal proceedings. The involvement of highly qualified lawyers with law enforcement experience in the process will eliminate or minimise the company's exposure to criminal liability.

Sometimes, even legitimate actions of a company's top managers or beneficiaries can be interpreted by investigators as evidence of a crime. And with the government's increased focus on monitoring business activities and the frequency of changes in regulatory requirements in this area, it is becoming increasingly difficult for companies to avoid formal breaches of the law.

BGP Litigation lawyers have successfully defended companies, managers, and beneficiaries in criminal proceedings relating to economic offences, as well as persons whose interests were infringed in criminal proceedings but who do not have the status of a defendant, suspect, or victim in the proceedings.

In addition to legal representation, BGP Litigation attorneys can provide legal opinions on the application of specific articles of the Criminal Code, as well as possible strategies for terminating a criminal case prior to conviction, where practicable.