Commercial and Corporate Crime
With China's rapid economic and social development, criminal commercial cases are becoming more frequent, and there have been instances where civil and criminal law issues have overlapped. Due to compliance violations, the investigation and punishment of economic and white-collar crimes has occurred in some civil and/or commercial disputes. For more than ten years, JunHe has assisted enterprises, executives and employees in reducing their criminal and compliance risks. Our specialist partners and lawyers who handle criminal law and compliance matters have participated in internal and external investigations involving various types of economic/white-collar crimes. They provide comprehensive legal services regarding risk-prevention, in-process control, and relief seeking in cases involving securities crime, property crime, bribery, financial crime, duty-related crime, intellectual property crime, and criminal cases concerning corporate and foreign affairs. JunHe’s commercial criminal law team has unprecedented academic knowledge and years of experience.
The majority of JunHe’s commercial criminal law team have worked in the PRC administrative and law enforcement/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. When handling cases of economic/white-collar crime, the team provides comprehensive legal services, risk resolution and problem-solving strategies for enterprises, executives and employees. The commercial criminal law team can devise methods to prevent damages and reduce risks, and assist companies to establish feasible and effective compliance systems.
JunHe’s Commercial Criminal Law Team provides the following Legal Services:
They participate in administrative investigations, public security investigations, examinations and prosecutions, and court proceedings and provide criminal defense, administrative investigation assistance, and civil lawsuits triggered by criminal or administrative cases for enterprises, executives and employees. These crimes include but are not limited to securities/futures, bribery, duty encroachment, misappropriation of funds, financial fraud, taxation and customs, data securities, and intellectual property crimes.
We provide 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. We assist parties to investigate, collect evidence, make reports and file complaints.
We provide Chinese and foreign enterprises with internal investigations, audits, strategies and action plans in external investigations, and assist in handling and preventing legal risks and identifying loopholes.
We provide legal advice in respect to all manner of criminal cases. We also provide appropriate training and interactive case study activities 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 a hostile takeover of 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 in criminal law, civil law, securities supervision, and market value management, to a listed company to deal with counterfeiting and performed 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. This 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 legal services to a well-known pharmaceutical company in a commercial bribery case. 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 legal services to the company in the subsequent administrative and criminal investigation and submitted legal opinions to the judicial authorities. JunHe’s attorneys assisted the company to achieve a self-surrender recognition at the trial stage. The court sentenced the company’s senior executives (that were involved) to probation.
