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 technical analysis, restoration and review of company emails and electronic data by forensic analysis, review of contracts and financial records, random voucher inspections, and 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, corruption, bribery, embezzlement of corporate funds, 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
Provided legal support to a leading global auto parts manufacturer in its investigation of allegations against a senior executive in China (in progress)
We advised a client in an urgent comprehensive investigation following a whistleblower's report concerning the general manager of its PRC subsidiary. Our work encompassed on-site visits, the comprehensive review of contractual and financial records, and detailed legal analysis to assess any potential liabilities for the PRC subsidiary, their headquarters and their shareholders across all contractual, regulatory, and criminal law domains. We facilitated communication with governmental and regulatory authorities and offered practical recommendations and solutions to mitigate any risks from both a reactive and proactive compliance perspective.
Assisted a prominent global printing product and services company in a compliance investigation and legal action against their foreign executives in China for misconduct (in progress)
We are currently advising a client in a complex internal investigation involving allegations of bribery and embezzlement by both foreign and Chinese executives. Our team has conducted meticulous preliminary investigations which have included evidence gathering and legal analysis. We have obtained important evidence and developed a highly efficient criminal reporting strategy, leading to the prompt filing of a criminal case. We are also assisting the client in identifying and addressing any internal policy and control deficiencies and maintaining close communication with the public security authorities to support the ongoing legal process.
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. We represented the client throughout the detection, prosecution and trial of the case. 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 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).
