CRISIS MANAGEMENT

Our experience as defence lawyers shows us that a solid and operational crisis management system to cope with emergencies is non-existent in German companies.

 

The trained investigators in the tax, customs and criminal investigation authorities have an easy task of enforcing coercive measures – for example by searching business premises – because companies do not have exactly defined areas of responsibility or the necessary knowledge and competence – they simply do not have a concept for such emergencies.

On the day of a search, it is often not possible to contact the management, and the staff who are left to cope with the situation are out of their depth. This leads to a variety of consequences for the affected company. Employees are drawn to make statements, although they actually have a right to be accompanied by an experienced defence lawyer when they give evidence who could advise them and support them in any interrogation. Managerial staff, who could easily find themselves accused of crimes, waive their legally guaranteed right to silence without taking advice, so they could find that they have incriminated themselves without consulting a defence lawyer. Premature self-denunciations are often made out of a misunderstood willingness to help in clarifying the situation.

To help you avoid the disadvantages which such situations could entail for your company and its staff in the course of further investigations, we draw on our experience as defence lawyers to advise you on the introduction of a crisis management system which can permanently protect you against possible coercive measures by state agencies such as:

  • Specialist public prosecution agencies

  • Tax and customs investigators

  • Customs investigation bureau and regional customs investigation offices

  • Tax Enforcement Unit for Undeclared Work (Finanzkontrolle Schwarzarbeit)

  • Federal Supervisory Office for Financial Services

  • Trade Supervisory Office

  • Federal Office of Goods Transport

With our consulting process to introduce a crisis management system, you can systematically prevent investigation and prosecution agencies from exploiting the "element of surprise" to gain "free access" to your company and minimise the irreparable consequences which often occur as a result:

  • Search / confiscation / arrest

  • Fines and imprisonment

  • Company fines / confiscation of financial assets / compensation claims

  • Entry in registers / exclusion from public procurement

  • Negative publicity