Corporate Criminal Law
Economic and financial offences expose executives and companies to major judicial, reputational and strategic risks. Crypto-assets, blockchain, cybercrime and new technologies are giving rise to new criminal disputes, which are often technical and sensitive.
The Corporate criminal law department of d&a partners assists executives, companies, investors, fintechs, influencers and public figures facing complex criminal proceedings, whether as persons under formal investigation (mis en examen), defendants or civil parties, with particular expertise in matters involving significant financial and technological issues.
Our practice covers in particular economic and financial offences, matters relating to crypto-assets and blockchain, cybercrime, the criminal liability of executives and employment-related criminal law.
The firm acts for both defendants and victims (as civil party), drawing where necessary on the complementary expertise of its other teams.
Economic and Financial Offences
Misuse of corporate assets (abus de biens sociaux), breach of trust, fraud, corruption, insider dealing, market manipulation, money laundering, tax fraud: these offences penalise management conduct or transactions considered to be fraudulent.
The firm assists executives and companies before the criminal courts, carefully analysing the alleged facts and building a defence tailored to each situation. The key is to place management decisions in context, to establish good faith and to mitigate the financial and professional consequences (fines, confiscation, director disqualification, criminal record).
It also advises on the criminal liability of executives, in particular regarding delegations of authority and the personal liability of members of governing bodies.
Crypto-Assets and Blockchain
The department has in-depth knowledge of crypto-assets and the underlying technologies, enabling it to translate the technical, regulatory and economic specificities of each project into a criminal defence strategy.
It assists in particular:
- crypto-asset service providers (CASPs, formerly DASPs) and exchange platforms;
- token issuers, DeFi projects and NFT creators;
- founders and executives of projects under investigation for fraud, money laundering or misleading commercial practices;
- victims of fraud, hacking and misappropriation of crypto-assets;
- clients facing seizures or freezing orders over wallets and crypto-assets.
The firm also acts in proceedings and inspections initiated by regulatory authorities (AMF, ACPR, DGCCRF), in coordination with the Regulatory department.
Cybercrime and Data Breaches
Cybercrime, data breaches, offences against automated data processing systems (STAD), online fraud: digital offences are on the rise and call for a swift and technically informed legal response.
The firm assists companies and executives throughout criminal proceedings relating to data security, hacking or the disclosure of sensitive information. Each case requires a detailed understanding of IT systems, data protection obligations (GDPR, CNIL) and the liabilities incurred.
It also assists victims of cyberattacks (ransomware, intrusions, CEO fraud) in bringing legal action. This practice is supported by constant technology monitoring and by partnerships with digital forensics experts.
Influencers and Content Creators
Promotion of financial products or crypto-assets, misleading commercial practices, non-compliant advertising, dropshipping, paid partnerships: the firm advises and defends influencers, agencies and brands before the DGCCRF, the AMF and the criminal courts, working with its Litigation department on contractual disputes between agencies and influencers.
Employment-Related Criminal Law
Undeclared work, unlawful labour lending, unlawful subcontracting of labour (marchandage), workplace accidents, psychological or sexual harassment, assault: criminal offences under employment law engage the liability of companies, executives and employees.
The firm assists legal entities and individuals throughout the criminal process, taking into account the reputational and media implications.
Internal Investigations and Negotiated Justice
The department assists clients in conducting sensitive internal investigations and in negotiating alternatives to prosecution: the guilty plea procedure (comparution sur reconnaissance préalable de culpabilité, CRPC) and negotiated settlements in matters of breach of probity and environmental criminal law.
International Dimension
The team acts before the French criminal courts and in dealings with foreign authorities (Department of Justice, Serious Fraud Office), in coordination with its network of independent partner firms in Europe and the United States.
It also handles cross-border matters: international letters rogatory, European arrest warrants and extradition, and defends clients facing proceedings abroad.
Emergency Response, Prevention and Crisis Management
The firm acts in crisis situations alongside executives and companies, often in sensitive and high-profile contexts. Our lawyers provide:
- assistance during police custody (garde à vue), searches and seizures, including where the seized items are digital (servers, wallets, encrypted messaging);
- crisis management and reputation protection, in coordination with communications advisers;
- criminal risk prevention: compliance audits, risk mapping, internal procedures (AML/CFT, Sapin II anti-corruption, data security, delegations of authority, communication and partnership policies).
Rigour, discretion and responsiveness characterise the firm’s approach, which favours prevention while providing a determined defence when the situation requires it.
Topics: Misuse of corporate assets · Fraud · Money laundering · Insider dealing · Corruption · Tax fraud · CJIP (deferred prosecution agreements) · CRPC · Internal investigations · Police custody · Searches · Crypto-assets · CASPs · Cybercrime · Data breaches · Influencers · Employment-related criminal law · International criminal cooperation
Get in touch with our team for an initial discussion.
