Sometimes the interests of a company can suffer because of unscrupulous employees who use their official position to the detriment of the company. Such cases of abuse require an internal investigation and reliable information. The abuse of employees who have access to valuable business information (White Collar) is one of the most difficult to prove. In the internal investigation of abuse, it is impossible to do without competent specialists and lawyers.
What is the protection of the White Collar?
White Collar protection refers to the protection of persons accused of economic or financial crimes. The term White Collar comes from the fact that such crimes are usually committed in an office environment where employees wear white shirts or shirts with white collars. This type of crime includes financial fraud, corporate crimes, false representation of information, money laundering and other economic crimes.
The White Collar defense includes various aspects, including representing the interests of the accused in court, assistance in interrogations and testimony, legal advice, preparation for the trial, as well as the development of a defense strategy.
Lawyers specializing in the defense of White Collar usually have work experience and special knowledge in the field of criminal law and financial crimes. They assist the accused in defending their rights in court and provide advice on all aspects of the criminal case.
What abuses are most often allowed by White Collar
Usually, the purpose of abuse by high—ranking employees is the appropriation of finances, other material assets, redirection of the company’s financial flows for their own benefit, to the detriment of business interests.
Abuses can be internal, intracorporate, or related to violation of state interests.
Internal corporate abuses
Internal corporate abuses include:
- Manipulation of trade secrets and other information that is available to an employee due to his duties and is valuable to competitors.
- Manipulation of financial statements in order to receive bonuses from business owners or other preferences.
- Embezzlement or concealment of embezzlement of finances or other property of the company.
Also, abuses by high-ranking officials of the company can be called bringing them by their actions to the bankruptcy procedure, committing economic crimes.
Depending on a number of circumstances, some of the internal corporate abuses may become the subject of a criminal investigation.
Violations of the interests of the State
Abuses by White Collar, which are associated with violation of state interests, include non-payment, late payment of mandatory payments to the state budget: taxes, fees to the Social Protection Fund, etc. Measures of responsibility to the State are provided for such abuses: administrative fines and criminal liability.
When abuses damage not only the interests of business, but also the interests of the state, company officials may be called to tax and law enforcement agencies for explanations and possibly held accountable.
What measures can protect businesses from White Collar abuse
First of all, it is necessary to assess the economic security of the business and identify the risks and threats associated with hiring certain people for certain key positions.
What information about candidates for key positions can be obtained
When hiring a hired manager, chief accountant, it makes sense to get the consent of the candidates:
- To request information from the unified State Bank of Offenses about their previous offenses or their absence.
- To request information from the candidates’ credit history and their loan debts in the Credit Register.
Candidates who have labour book can study the reasons for dismissal from previous jobs for dismissals for offenses and crimes.
From the information received, conclusions can be drawn about the financial and social behavior of a person and the risks associated with it.
Internal control measures and the involvement of experts
We recommend creating an internal control system in the company or developing compliance standards. A risk management system is being created in financial companies.
The organization of compliance will help the company and its employees to prevent violations of the law and comply with the internal policy of the company.
In case of financial abuse, we recommend that you involve independent experts to conduct investigations, identify cases of theft, fraud, and manipulation of financial statements and classified information in violation of business interests.
How we can be useful in investigations and White Collar
Our lawyers and attorneys are experienced specialists in the field of internal investigations, White Collar Crime and speak English. We can:
- Advise you on the organization of the compliance system;
- Check information about the offenses of candidates for key positions in your company with their consent;
- Conduct an internal investigation of the abuse as an independent expert and present the results to you in the form of a report;
- Advise you on the consequences of the abuse of White Collars for business;
- Represent your interests in state bodies when officials are called to state bodies in connection with their official duties.
Contact us
If you have any questions about investigations and White Collar — we will be happy to help you! Our long-term experience in the field of internal investigations, compliance and protection of the interests of officials will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
