For the last time, so-called white-collar crime probes have become a very common thing. Spain can’t be an exception here. However, sometimes executives and their companies become the object of scrutiny because of a partner’s unintentional mistake, a wrong business decision, or misunderstandings on the part of watchdogs. If such an error takes place, it is vital to know how to build up effective white collar crime defense spain. Keep learning this article to find it out.
Legal Protection Against Corporate Investigations in Spain
In Spain, white-collar crimes are taken seriously. Respectively, such offenses as money laundering, fraud, embezzlement, insider trading, tax evasion, and bribery are strictly prosecuted. What’s more, since 2010, according to the country’s legislation, companies can face criminal charges as individuals.
When a probe starts, apart from the National Police, it also involves the Spanish Tax Agency, the country’s financial markets watchdog dubbed CNMV, and also special anti-corruption prosecutors.
As you see, the opposite side is strong and to withstand that enormous pressure, your company requires legal assistance for white collar crime defense spain. You need to realize that when a firm is under investigation, whatever it does or says can change the final result. Professional attorneys specializing in such cases will help to preserve the firm’s rights during audits, interviews, and searches. In addition to this, they will help to prepare the company’s internal control systems as well as compliance protocols. These docs will mark the company’s responsible conduct and good faith in court.
Defense for Executives Facing Financial Crime Charges in Spain
Executives can be prosecuted since they are always involved in decision-making. Needless to say, it’s so stressful for them. After all, they put at stake their reputation, finances, and career. If you also face this problem, staying calm is the first thing you need to do. Secondly, find a financial crime attorney spain to whom you could entrust your case.
To find the accused 100% guilty, prosecutors are expected to prove the very existence of his intent. If the accused didn’t have intent to do what he’s blamed for or relied on expert advice or merely adhered to internal protocols, acting in good faith, it speaks in his favor. Respectively, a corporate fraud defense lawyer spain is expected to help the accused to prove that.
Preventing Arrests and Asset Seizures in Spain
Unfortunately, a sudden freezing of funds is highly possible in Spain during a white-collar investigation. Besides this, in this country, prosecutors can initiate detention if they suggest a suspect’s escape or his intention to commit that crime once again.
A skilled white collar crime defense lawyer spain can prove that in this particular case, detention is not necessary because his client doesn’t intend to flee. In the worst case, it is real to replace detention with regular court check-ins, bail, or passport surrender.
As for asset freezing, a defense team can challenge the very proportionality of this measure. Alternatively, they can try to prove that those funds don’t have to do with the alleged offense.
Building a Strong Case to Dismiss Allegations in Spain
Your white collar criminal defense attorney spain is expected to prove that the charges placed against you lack evidence or legal foundation. The country’s law permits defense teams to work with investigation files, challenge procedural errors, and roll out their counter-evidence.
A professional business crime defense lawyer spain can thoroughly analyze the prosecution’s file to find substantial gaps there. In particular, this expert can point out such crucial details as the insufficient clarity of the charges presented, evident downsides in the investigation, legal grounds for the asset freezing, and searches, not to mention the suspect’s rights violation. It can potentially weaken the prosecution’s position.
Meanwhile, the attorney team gathers a convincing piece of evidence, including expert reports, contracts, internal audits, emails, and also witness statements. If there’s complex financial data in the case, they can attract forensic accountants. The move contributes to the debunking of the prosecution’s version.
The defense team’s major objective is to persuade the judge not to proceed the charges to trial. In the worst case, they need to be reduced. However, the situation can be not as favorable as expected and here the defense team should work on a plea deal or settlement as the most realistic scenario when going to trial is very probable.
Crisis Management and Reputation Defense in Spain
Your company and you personally as its executive can be acquitted in the end, but your reputation still requires tons of attention because it’s definitely damaged and unfortunately this effect can be long-lasting, especially if you do nothing about it. Today, it would be enough to merely mention the very fact of the investigation related to the name of your company to ruin its reputation.
That’s where communication and legal methods need to work in tandem. An experienced and reputable law firm for white collar crime defense spain collaborates effectively with public relations experts to manage public statements and media attention. This includes debunking fakes, and issuing press releases, not to mention the flow of information.
In addition to this, there should be a bunch of internal changes. You should do your best to have your clients and investors persuaded that you are going to continue working with them and the company is not guilty.
Even after it’s all over, you need some time to think it over and, perhaps, make some changes to avert a similar situation in the future. Perhaps, you need to launch some reforms, improve governance, and maintain transparency as for the lessons learned. It should help to strengthen the company’s structure and prepare it for new challenges.