White-collar Crime
In a heavily regulated government environment, evidence of white-collar crime may present a dual threat to companies, that is an internal management crisis and a government investigation. Companies are now presented with a complex challenge: controlling internal risks while dealing with government regulations and investigations. Therefore, assistance from legal counsel with comprehensive capabilities is paramount.
In the event that a company suspects an employee of negligence or misconduct, JunHe has extensive experience in assessing the nature and extent of the suspected misconduct by conducting internal confidential investigations in accordance with laws and regulations. These internal investigations may include reviewing company emails and electronic data by forensic analysis, reviewing financial records, and conducting on-site inspections and interviews. As an efficient and practical solution for our clients, JunHe has developed a unique model of investigation and evidence collection regarding the review, storage and cross-border use of data when conducting cross-border regulatory investigations and assisting with litigation.
JunHe also assists clients to assess the impact of an employee’s alleged misconduct, crime or other actions. Employees, particularly senior management, who are suspected of being involved in misconduct may be held personally liable, and their employers may also be held liable for other investigations and face adverse consequences, such as governmental investigations, third-party claims, and the fallout of the damage done to a company’s goodwill. Due to the difficulty of cross-border governance, cultural differences and the application of laws in different jurisdictions, the investigation and handling of white-collar crime in MNCs is even trickier.
With unique expertise in this field, JunHe integrates its knowledge, talents and comprehensive legal service capabilities across different fields from a global perspective and provides clients with advice to maximize their interests and minimize any adverse effects by considering possible impacts on multiple stakeholders.
Legal Services Provided by JunHe
JunHe has worked with many of the world's leading multinational and Fortune 500 companies, and our team is able to assist in controlling the risks of white-collar crime. These risks relate to tax, fraud, embezzlement, bribery, unfair competition, intellectual property, trade secrets and state secrets. Our wealth of experience in this field gives us a practical understanding of the different risks and laws and enables us to provide practical solutions for our clients. The legal services provided by JunHe include:
conducting internal investigations;
responding to and addressing internal reports;
responding to government regulatory actions and investigations;
dismissing employee(s) involved in white-collar crime;
providing advice on and assisting in the reporting of crimes;
responding to blackmail and the leakage of secrets;
managing and responding to crises
providing advice on solutions for corporate compliance governance.
Recent Representative Cases
Assisted a well-known European automobile company in handling a series of violations by its senior officers in China
We assisted a leading European automobile company in handling a suspected conflict of interest, the acceptance of bribes, bid-rigging, and improper relations by its senior officers in China. There was a huge amount of data involved and the foreign shareholders were unfamiliar with local affairs so forensic review techniques were used to quickly identify and gather evidence. We helped the European headquarters to prepare an internal raid and backup plan so the senior officers involved could leave the premises with nothing immediately. We helped the European headquarters to take over the company and effectively safeguarded its interests.
Assisted a well-known German sensor manufacturer in taking legal action against its senior officers in China (in progress)
We assisted a well-known German sensor manufacturer in dealing with the alleged embezzlement, bribery, and receiving kickbacks by its senior officers in China. We helped the client to achieve highly pivotal progress in the criminal procedure and file a criminal case within a short period of time. The German senior officer involved in this case may be subject to criminal punishment. In addition to representing the client in the criminal case, we also provided a full range of legal services to the client in the areas of D&O insurance, labor issues, civil proceedings, and data security matters.
Assisted a European enterprise in conducting internal investigations on its senior officers and post-investigation matters
We assisted a European enterprise in conducting a series of investigations on its senior officers who were alleged to be involved in bribery and had received kickbacks and misappropriated funds. Several senior officers were dismissed, and the enterprise’s tax evasion was corrected. We also assisted the client in conducting a large compliance self-investigation against the customers of the enterprise by forensic accounting and a forensic collection of evidence.
Assisted a multinational company in a case involving the embezzlement of corporate funds by a sales manager
We assisted a multinational company in a case involving the embezzlement of corporate funds by a sales manager of the company. We assisted the company to report the case to the local public security bureau, terminate the employment contract with the sales manager and restore the business of the company.
Assisted a multinational company in a case involving the embezzlement of corporate funds and unfair competition by the CEO and CFO
We assisted a multinational company in a case involving the embezzlement of corporate funds and unfair competition by the company’s CEO and CFO. We helped the company to report to the public security organ against the employees involved and communicated with the local public security bureau to place the criminal case on file.
Assisted a renowned European manufacturing company with a case involving the infringement of trade secrets and the subsequent resignation of an employee
We assisted the Chinese subsidiary of a renowned European manufacturing company to protect its trade secrets. This case involved an internal investigation, evidence collection, notarized purchases, the evaluation of trade secrets and initiating litigation. With our assistance, the company was awarded compensation to be paid by the former employee and initiated a criminal action against the former employee’s new employer (which was a competitor of the company).
