Services

BBH’s exceptional expertise in criminal law covers the full spectrum of situations that both individuals and legal entities may face. We provide clients with comprehensive advice—from prevention and crisis management to representation in criminal proceedings—with particular emphasis on the criminal liability of legal entities and related compliance issues.

We ensure the utmost defense of individuals and legal entities at every stage of criminal proceedings. Our goal is to effectively protect the rights and legitimate interests of our clients, whether they appear as suspects, accused persons, or otherwise affected parties. A key part of our practice also consists of cases involving economic and property crime.

Today, legal entities face a real risk of criminal prosecution for the possible commission of dozens of criminal offenses about which they may not even be aware, which may have a fundamental impact on their business and reputation—from high financial penalties and exclusion from public procurement to a prohibition of activities. At the same time, however, the law allows legal entities to avoid liability if they can prove that they did everything that could reasonably have been required of them to prevent unlawful conduct.

Compliance Programs as Prevention

Preventing criminal liability can be achieved in particular through a well-designed system of internal rules and procedures—so-called ‘compliance programs’—aimed at preventing, detecting and addressing undesirable conduct. In establishing such compliance programs, we structure our clients’ internal processes ranging from general reporting and review mechanisms, through narrowly focused areas such as Gifts and Hospitality, to the equally important testing and verification of the effectiveness of the compliance program among employees as seamlessly as possible.

BBH’s lawyers also conduct professional training sessions and prepare criminal-law analyses and opinions on specific client situations, whether in the position of an injured party or other participant in criminal proceedings. We also offer the development of additional internal standards and processes (e.g., whistleblowing policies) that help minimize risks.

We always design compliance programs individually with regard to the client’s specific environment, the nature of its activities, and current case law and practice. Our work includes not only the structure of the system itself, but also assistance with its implementation, methodological support for management and employees, and the provision of professional training. We also review existing frameworks and propose modifications so that they will assuredly withstand any intervention by law enforcement authorities.

What to Do If You Are a Victim of a Crime or a Person Under Investigation

BBH also assists clients in assessing intended transactions and business acts from the perspective of criminal-law risks. Should a client have become the victim of a crime, we prepare the necessary filings and ensure their representation, including the assertion of claims for damages or non-material harm and the protection of these claims throughout the proceedings, all with the utmost discretion.

We provide immediate legal support in connection with individual acts of law enforcement authorities, such as interviews, requests for explanations, demands for cooperation, searches of premises, and/or any seizure of items. In corporate environments, we also conduct independent internal investigations of suspected unlawful conduct, resulting not only in a legal assessment of the situation, but also in proposals for specific remedial measures.