At first glance, compliance consulting and criminal defence may appear to be separate areas of law. In reality, however, modern compliance practice is hardly conceivable without the criminal law expertise of an experienced defence lawyer. Especially in the context of corporate crises, it becomes clear how essential it is to have a defence lawyer who not only reacts, but proactively identifies, assesses, and systematically mitigates or eliminates risks.
Advising and defending in an economic (criminal) law context differs fundamentally from traditional individual defence. The focus is less on individual responsibility and its (often confrontational) clarification in criminal proceedings, and more on identifying complex interrelationships and coordinating a multitude of interests and internal and external stakeholders in a highly dynamic situation — often over an extended period and increasingly across borders.
As specialised criminal defence lawyers with expertise in white-collar criminal law based in Hamburg, Germany, we combine in-depth knowledge of economic criminal law with many years of experience in compliance consulting for medium-sized and large companies.
Criminal Law Risks in Everyday Business Operations
Corruption, fraud, embezzlement, or tax-related risks – the overlaps between corporate practice and criminal law are diverse and often not immediately apparent. Many violations of white-collar criminal law occur without malicious intent, yet ignorance usually does not protect against prosecution.
Often, a single whistleblower report, an escalating labor court dispute, a confrontational tax audit, or a media publication is enough to trigger investigations against a company or its executives. The risk of criminal investigations is particularly heightened in regulated industries or in the context of international business activities.
Many companies do have more or less well-coordinated compliance systems in place. However, in our experience, the criminal law perspective is often missing — an essential element for ensuring maximum preventive impact and establishing practical procedures in the event of a compliance crisis.
At the Intersection: The Criminal Defence Lawyer as Compliance Consultant
The criminal defence lawyer brings a specific perspective to compliance work: the perspective of a potential investigator. A criminal defence lawyer understands how white-collar offenders think and operate, how their structures and methods are designed, and how government investigations are initiated and conducted.
This knowledge is essential for developing effective compliance structures. Unlike traditional consultants, the criminal defence lawyer is not primarily focused on formal requirements, but on providing practical protection against criminal law risks and ensuring their optimal management in the event of a crisis.
In practice, this means: We analyze internal processes through the lens of criminal law relevance, support your company in establishing robust control systems, and provide early-stage advice in cases of suspicion — before external investigative authorities become involved.
This expertise can be crucial in times of crisis.
Specialized Knowledge in White-Collar Criminal Law as a Value Add for Compliance
The criminal law assessment of internal corporate processes requires in-depth expertise — not only in general criminal law, but also in areas such as tax criminal law, labor criminal law, environmental criminal law, and capital market criminal law.
The specialized white-collar criminal defence lawyer not only identifies risks relevant under criminal law, but also distinguishes between mandatory regulatory requirements and those open to interpretation. This distinction is especially critical in dynamic areas of law and plays a key role in effective compliance practice.
In addition, they are familiar with the mindset of investigative authorities and the procedures of specialized public prosecutors’ offices — a decisive advantage when it comes to realistic risk assessment, preparing for potential compliance crises, and managing them effectively in practice.
Corporate Defence and Internal Investigations
If a compliance crisis does occur, the corporate defence lawyer plays a central role: they assess the situation, identify risks and pitfalls, communicate with internal and external stakeholders as well as investigative authorities, and take on a key function in structuring and carrying out an internal investigation.
In close coordination with executive management and external communications consultants, the corporate defence lawyer develops a tailored overall strategy that addresses all of the company’s interests and protects them as effectively as possible.
This strategic spectrum ranges from full cooperation — with the common aim of achieving a discreet and expedited resolution of proceedings — to a firm denial of the allegations and the assertive exercise of procedural rights.
Lawyer – Client Relationship and Conflicts of Interest
In the corporate context, the relationship between a lawyer and her/his client must be clearly structured. The client is either the company or an individual as the accused — but never both at the same time. Simultaneous individual defence on the one hand and advising the company on the other must be ruled out due to potential conflicts of interest.
Particular attention must also be paid to the protection of legal privilege, which — according to the Jones Day decision by the German Federal Constitutional Court (“Bundesgerichtshof” decision of June 27, 2018; 2 BvR 1287/17) — should demonstrate a plausible connection to an already established role comparable to that of a defendant, or at least to a reasonably foreseeable expectation of such a role.
Furthermore, as a consequence of the Jones Day decision by the German Federal Constitutional Court, particular attention must be paid in corporate group structures to ensure that the attorney – client relationship is established with the directly affected group company
Conclusion
In white-collar criminal law, defence attorneys are not only indispensable advisors in managing compliance crises, but ideally serve as valuable consultants in the design of compliance systems and the preventive planning for worst-case scenarios.
As experienced white-collar criminal defence lawyers, we support companies in identifying criminal law risks, implementing effective compliance structures, taking preventive action through well-founded compliance consulting, and responding professionally in the event of a crisis.
We would be happy to advise you in a confidential conversation tailored to your specific needs—feel free to contact us.
FAQ – Frequently Asked Questions About the Role of the White-Collar Criminal Defence Lawyer in Compliance Consulting
A white-collar criminal defence lawyer specializes in complex matters within a corporate context that involve criminal or regulatory offense aspects.
She or he is familiar with the specific liability risks across the core criminal law provisions of the German Criminal Code (StGB), as well as in areas such as tax, environmental, and labor criminal law.
The white-collar criminal defence lawyer also has extensive experience with the unique dynamics of compliance crises within companies — including their progression, potential escalation risks, strategies for de-escalation, and interactions with managing directors, executive and supervisory boards, investigative authorities, and the defence lawyers of individually accused persons.
As a result, a skilled corporate defence lawyer must be even more of a team player and exercise greater discretion in identifying and balancing the company’s interests, as well as in coordinating with third parties — surpassing even the high demands placed on individual defence lawyers in white-collar criminal cases.
Ideally, involvement should take place at a preventive stage — during the development or review of compliance structures as part of compliance consulting. At the latest, an experienced criminal defence lawyer should be brought in when there are signs of suspicion, internal investigations, or the risk of media coverage concerning a “compliance case”.
No. Due to potential conflicts of interest, a clear distinction must be made between representing the company and defending an individual. A white-collar criminal defence lawyer will define this separation at an early stage and communicate it transparently.
The corporate defence lawyer plays a key role in assessing the level of suspicion, identifying potential escalation risks, understanding the approach of investigative authorities, and coordinating the overall strategy with individual defence counsel.
In the case of an internal investigation, the corporate defence lawyer also serves as a key advisor to the investigation team — providing guidance on all aspects of structuring the investigation, including the potential use of its findings in communications with investigative authorities.
Particular attention must also be paid to safeguarding legal privilege when structuring the engagement mandate, especially in light of the Jones Day decision by the German Federal Constitutional Court (“Bundesgerichtshof” decision of June 27, 2018; 2 BvR 1287/17).
