Corporate criminal law

Kromann Reumert has for many years provided advice on corporate criminal law and has built up particular expertise within this area. The cases typically concern bribery, fraud and other economic crimes relating to trade, export, market abuse and corporate matters.

In many of the cases, we assist with carrying out internal investigations. In such investigations, it is quite essential to protect legal privilege, as the authorities often carry out parallel investigations of the relevant business. It is therefore of key importance that the internal investigation is carried out appropriately from the beginning of the case. 

Corporate criminal law is often difficult to define. The reason is that corporate criminal law is regulated in special statutory acts, international rules and EU regulation. It is therefore a precondition for a professional approach to such cases that you have an overview of the various legal areas as well as experience from other cases.  

Our advice 

Our areas of advice include:

Searches and dawn raids 

Kromann Reumert assists with the handling of searches and dawn raids, which are often carried out without prior notice. For more information about our assistance, please go to the section about Searches and dawn raids.

Bribery and anti-corruption

Bribery and anti-corruption cases may have serious negative consequences for businesses in the form of reputational damage, considerable fines and claims for damages. The cases may concern Danish and/or international issues and may involve exposure of Danish businesses to extraterritorial legislation, e.g. the UK Bribery Act, Foreign Corrupt Practices Act (FCPA) and Sapin II. 

We have many years of experience in such cases and in handling them both internally and in relation to the authorities. 

Sanctions

Cases involving sanctions are among the most serious cases in corporate criminal law, and the police are entitled to take various steps, e.g. telephone tapping. At the same time, compliance with sanctions attracts substantial public and political attention and is a focus area for relevant Danish and foreign authorities. 

The cases are complicated and extend to import and export of certain products, trade embargoes, sanction screenings, risk and exposure management, asset freezing, and prohibition of making funds and financial resources available to certain individuals and entities. 

Kromann Reumert advises in all cases involving questions about compliance with sanction legislation. We assist both commercial undertakings and financial institutions. 

Market Abuse Regulation

Compliance with the provisions of the Market Abuse Regulation (MAR) has been subject to review in a multitude of challenging criminal cases involving both businesses and individuals. Market abuse includes insider dealing, unlawful disclosure of inside information and market manipulation, including price manipulation. Market abuse has attracted serious attention from politicians and the media and is a focus area for the Danish Financial Supervisory Authority and the Danish State Prosecutor for Serious Economic and International Crime. 

We have years of experience in representing clients in cases about violation of the MAR. We represent both issuers and dealers. 

International criminal law

We assist e.g. in criminal cases involving mutual legal assistance, i.e. requests from foreign authorities for assistance in criminal cases, e.g. witness examination, searches, and obtaining of information from businesses in Denmark. The cases may also concern assistance to businesses where Danish authorities have contacted foreign authorities for assistance. 

Questions in relation to international criminal law are often complex. Kromann Reumert has built up a strong international network of professionals who can assist us in legal questions and represent our clients in international proceedings.

Reports to the police

If your company falls victim to crime and one or more criminals are suspected of having broken the law, you can choose to report the incident to the police. Cases concerning e.g. internal fraud, corruption, cybercrime and industrial espionage are often complicated. It is crucial that the report to the police has been constructed correctly with the right scope and is accompanied by relevant evidence. Your company may also be involved in criminal proceedings as a witness and be asked to submit various business documents or witness statements.

Kromann Reumert can assist you with examining and assessing the crime committed against your company, including qualifying the possibly punishable crime and filing the report with the police. In addition, we can represent your company vis-a-vis the police and assist you with preparing your procedural position as a victim or a witness in criminal proceedings.

Industrial espionage

Trade secrets may be your company's most precious asset and an attractive target for competitors and criminals. Theft of trade secrets may result in large financial losses for your company. This type of crime is also known as industrial espionage, and during recent years we have seen several examples of businesses being exposed thereto.

Kromann Reumert has considerable experience in assisting in cases involving industrial espionage. We advise on the protection of valuable trade secrets, internal investigations into potential trade secret misappropriation and criminal activities in that connection. 

Representation in criminal cases

Kromann Reumert represents clients in Danish and international corporate criminal cases. Our representation includes: 

• handling of the communication with the authorities
• safeguarding the interests of the business in connection with searches and dawn raids
• regular assessment of the client's position
• drafting of procedural submissions
• internal investigations
• clarification of facts
• working to achieve the best possible solution to the case, if necessary through a settlement. 

Through our constant work with corporate crime, we have established working relations with most of the police offices in Denmark, including Greenland and the Faroe Islands.

Cybercrime

Cybercrime is a serious threat to the security of any business. Cyber-attacks may cause irreparable damage to IT systems, paralyse businesses and their operations, and have huge financial and reputational consequences.

Cybercrime is understood as crime committed online through a computer or other technology and by way of communication and information systems. Cybercrime, including cyber-attacks, phishing, hacking, fraud, identity theft and placing of malware, is rapidly growing. In recent years, several cases have shown that many companies are exposed to serious cybercrime.

Kromann Reumert has extensive experience in handling cases involving cybercrime and provides assistance to companies that have fallen victim to it. We assist with examining the crime and handling the case vis-a-vis the relevant authorities. We also assist clients in preventing future cybercrime by preparing internal policies and security protocols.