Commercial and Corporate Crime
With the rapid economic and social development of China, criminal commercial cases are becoming more frequent, and there have been many instances where civil and criminal law issues have overlapped. Due to compliance violations, the investigation and punishment of various types of economic and white-collar crimes has occurred in some civil and/or commercial disputes. Over the past ten years, JunHe has assisted individuals and entities in reducing their criminal and compliance risks. JunHe’s specialist partners and lawyers who handle criminal laws and compliance matters have participated in many internal and external investigations involving various types of economic/white-collar crimes. They have provided comprehensive legal services on risk-prevention, in-process supervision, and relief seeking in cases involving securities crime, corporate crime, property crime, bribery crime, financial crime, duty-related crime, intellectual property crime, and criminal cases concerning foreign affairs. JunHe’s commercial criminal law team has unprecedented academic knowledge as well as years of experience.
The majority of JunHe’s commercial criminal law team have worked in the PRC administrative and/or judicial area. With a sound knowledge of all the relevant laws and policies, they have a detailed understanding of law enforcement and the entire judicial process. Therefore, when handling cases involving economic/white-collar crime, the team can provide comprehensive legal services and problem-solving strategies for enterprises, executives and employees. While focusing on problem-solving strategies, the commercial criminal law team are able to devise methods to prevent damages and reduce risks, and can assist companies in establishing a feasible and effective compliance system.
JunHe’s Commercial Criminal Law Team Specializes in providing the following Legal Services:
Full participation in administrative investigations, public security investigations, examination and prosecution, and court proceedings; provide criminal defense, administrative investigation assistance, and civil lawsuits triggered by criminal or administrative cases for enterprises, executives and employees. The aforementioned crimes include but are not limited to securities/futures, bribery, duty encroachment, and misappropriation of funds, financial fraud, and taxation and customs related crimes.
Professional, constructive, and operative legal advice, coping strategies, and solutions for parties involved in criminal cases and cases where civil and criminal law issues overlap; assisting the parties involved in criminal cases to investigate, collect evidence, make reports and file complaints.
Providing Chinese and foreign enterprises with various internal investigations and audits, and strategies and action plans in external investigations; assisting enterprises in handling and preventing legal risks and loopholes.
Providing legal advice in respect to all manner of criminal cases; upon instruction, provide appropriate training and interactive case study activity for white-collar employees including but not limited to senior executives, in-house lawyers, compliance personnel, and business unit heads.
Recent Representative Cases
Acted for a listed company to investigate and report alleged insider trading and illegal manipulation in the securities market.
A listed company discovered that one of its shareholders, through purchasing stock in the secondary market, had become the largest shareholder of the company and had attempted to hostilely takeover the company. JunHe’s commercial criminal law team, through investigation and reporting the alleged insider trading and illegal manipulation in the securities market, assisted the listed company to handle the risk of the hostile takeover and achieved commendable results.
Provided legal services from many different areas, including the areas of criminal law, civil law, securities supervision, and market value management, to a listed company to solve a problem regarding counterfeiting in performing a valuation adjustment agreement and the non-disclosure of information in an M&A project.
In an M&A project, a listed company discovered that the acquired party had fraud-related issues regarding the target company's performance and profit-making, which had affected the performance of the valuation adjustment agreement and caused a series of information disclosure-related issues. JunHe’s commercial criminal law team provided solutions to the client including but not limited to administrative supervision, civil compensation, criminal reporting, and market value management. They assisted the listed company to investigate and negotiate with the counterparty, and eventually settled and solved a series of problems.
Provided various legal services to a well-known pharmaceutical company involving a case of commercial bribery. These services included administrative investigation, criminal investigation, case-examination and prosecution, and a court trial.
A world-renowned pharmaceutical company was involved in a commercial bribery case. JunHe’s commercial criminal law team provided various legal services to the company in the following administrative and criminal investigation, and submitted legal opinions to the judicial authorities. Finally, JunHe’s attorneys assisted the company to achieve a self-surrender recognition at the trial stage. The court sentenced all of the company’s senior executives that were involved to probation.