Яковлев и Партнеры

Criminal Risk Prevention

Against the background of crisis developments in the Russian economy criminal legal methods are used as an instrument of property redistribution and a tool in competition.

Statistics of applications to our law firm shows that in recent years more than a half of criminal cases initiated for economic articles are opened without explicit legal basis. Therefore, complex prevention of criminal risks acquires special importance. Stable companies allocate significant funds to this effect.

More than 80% of applications of our clients are settled through the pre-trial process at the stage of inspections of law-enforcement agencies and the stage of opening a criminal case. Such efficiency is reached thanks to focused, purpose-oriented efforts, as a rule, on the basis of long-term agreements on cooperation with assignment of employees for individual work with companies. In case of opening a case, these employees render information assistance to criminal law protection (see) of a client during preliminary investigation and trial proceedings. Such approach allows us organizing detection, inspection, estimation and prevention of internal and external criminal risks in business.

Our lawyers have a multi-year experience of work with investigative bodies. They are engaged as experts in law-making and scientific and consulting activities of state bodies and have academic degrees and titles.

We have experience in dealing with banks, companies of the military and industrial complex, metallurgy, power, atomic power, transport, development, investment companies, etc. Understanding of particularities of the technological process and making business allows our lawyers developing non-standard methods for protecting business, management and personnel of companies against criminal risks.

Core services for preventing criminal risks

  • 24/7 urgent visits and protection of client’s interests in emergency situations with immediate interaction with investigative bodies, controlling bodies and the prosecutor’s office.
  • Organizing identification of criminal risks, specification and addition of the primary information using services of licensed private detective agencies including verification of accuracy of the primary materials, obtaining information about involvement of individuals and legal entities and obtaining information about involvement of individuals and legal entities in illegal activity, possible location of properties, witnesses taking measures in the line of competition intelligence, etc.)
  • Organizing identification of criminal risks and obtaining information about involvement of individuals and legal entities to illegal activity using opportunities of information files and databases, taking inspections in relation of company’s employees and job candidates.
  • Analysis of actual circumstances and legal estimation of the situation, prompt obtaining of approvals of criminal risk managing options from a client, preparation of written opinions about prospects of the case, reviews of investigative and court practice, development of recommendations for the client in the situation, proposal of a plan of elimination of criminogenic circumstances.
  • Legal expertise of agreements, contracts, other legal documents presented by the client to comply with the current criminal and criminal and procedural legislation; legislation on public prosecutor’s supervision and legal practice on agreements and contracts.
  • Representation of client’s interests during negotiations with individuals and legal entities which are potential participants of criminal proceedings (defendants, civil claimants, etc.) for correction of the claimant’s factual and legal narrative.
  • Assistance in planned and extraordinary inspections of administrative bodies (financial, economic, business, trade activity of companies, observance of rules of tax, migration, ecological, antimonopoly legislation, etc.) in cases where elements of a crime are found.
  • Preparation of applications to law-enforcement agencies about opening a criminal case in cases where elements of a crime are found. • Organizing information support in the media in the interests and by order of the client.
  • Preparation of written responses to inquiries of law enforcement agencies in the interests of the client, monitoring of legality of and appeal against requests to provide information.
  • Legal evaluation of any actions of law enforcement and control agencies concerning identification of corruption signs, misuse of power, negligence, entrapments, etc.
  • Assistance in planning of internal investigations to identify elements of various crimes committed against companies either by their employees or shareholders or by third persons in cooperation with the client’s security service.
  • Analysis of effectiveness and optimization of the current security system, audit of the security structure for compliance with the requirements for the current criminal risks protection.
  • Coordination and legal assistance in collecting overdue indebtedness with engagement of collection and detective agencies in accordance with the current legislation in order to obtain maximum amount of compensation for damages.
  • Consulting in matters of the legal regime of initial inquiries and investigations (appeal against actions and decisions of investigative bodies in court; interaction with the public prosecutor’s office for dismissal of illegal decision of investigative bodies).
  • Following-up of the situation in the company in order to evaluate and prevent criminal risks (criminal expertise of prepared business projects, the current activity of the company, planned decisions of the management, etc.)
  • Training of the management and employees of the served companies (see: sample themes of training courses with employees of served companies within the Criminal Risks Prevention competence). Editorial calendars of practicals and seminars, materials of business games on the base of real criminal cases (2013-2017) and other methodical materials should be agreed with the customer’s management in advance.