White collar crime, international legal assistance and compliance

In recent years, governments have increased their efforts and adapted their laws and regulations in order to fight fraud, corruption, money laundering, financing of criminal activities and terrorism. As a result, criminal law is increasingly important for international business and finance.

Over the years, Kellerhals Carrard has developed a substantial practice in the area of national and transnational commercial criminal law. The firm’s attorneys have also been closely involved in developments in this field through their lecturing activities and publications.

Competences

Transnational commercial criminal law

The specific areas in which Kellerhals Carrard provides services include:

  • Domestic and cross-border white collar crime, such as fraud and embezzlement, corruption, insider dealing, money laundering, violations of economic sanctions and anti-boycott controls
  • Civil, criminal and regulatory aspects of fraud investigations, for which Kellerhals Carrard can provide a co-ordinated approach with the civil and corporate governance aspects of these crimes
  • Tracing and recovery of misappropriated assets located in Switzerland or in other jurisdictions, including court orders for the provision of financial information and bank records, the search of premises for the recovery of evidence and the freezing of bank accounts
  • Strategic advice to and representation of companies or officers confronted with corporate criminal liability and/or forfeiture claims 
  • Assisting financial intermediaries and account holders of Swiss banks confronted with freeze orders and/or disclosure orders issued in national or transnational criminal or administrative investigations
Compliance

We advise banks, financial intermediaries and other businesses on compliance issues such as anti-money laundering, anti-bribery, insider dealing, disclosure requirements, market conduct and data protection. Our services in this field extend to the following specific areas:

  • Internal corporate investigations upon suspicion of misconduct (e.g. for compliance with Swiss Anti-Money Laundering legislation, Swiss Stock Exchange and Securities Dealers legislation, the Sarbanes-Oxley Act)
  • Negotiation and drafting of contracts for compliance with anti-terrorism and anti-bribery laws and regulations, economic sanctions and anti-boycott controls
  • Corruption issues in connection with commercial contracts and the settlement of international disputes
Internal and external investigations

We conduct investigations on behalf of regulatory authorities. We also conduct internal investigations of companies in order to identify and eliminate any violations of the law.

In addition, we offer the following services:

  • Representation of clients in internal and government investigations
  • Investigation of possible criminal offences and regulatory violations and consultation on the measures necessary to rectify the situation