„An internal investigation to clarify a possible compliance violation serves the company to internally resolve the compliance violation in order to be able to fulfill its legal obligations (e.g. tax amendments), to determine claims of the company (e.g. claims for damages against employees) and to improve the legal position of the company by expanding its scope of action (e.g. through the possibility of an application as principal witness under antitrust law or self-cleaning under public procurement law, which require a complete clarification of the facts). More recently, internal investigations have also served as a means to make it clear to employees and business partners that the company will not tolerate unlawful behaviour. In this respect, an internal investigation also serves to restore the company’s reputation if a violation has occurred.”
Engelhoven, in: „Richtiges Verhalten in der Compliance-Krise“ [“Correct Behavior in a Compliance Crisis”] (1st edition., ed.: Philipp Engelhoven) § 4 para. 11.
Pragal & Prinzenberg does not conduct internal investigations itself. However, we do advise company management on the conception and implementation of internal investigations, which in many cases is no less demanding.
Within this context, we often also act as corporate defence counsel or criminal law advisors and coordinate communication with law enforcement and/or supervising authorities.
This may involve defence against asset seizures (confiscation pursuant to § 73 et seq. StGB as well as attachment in rem pursuant to § 111e StPO) or the filing of criminal charges and the initation of asset recovery measures in favor of aggrieved parties (so-called “asset recovery assistance”).
