From our daily experience at Spanish, foreign and international criminal courts, we are specialized in assessing the activity of companies, their Boards of Directors, their Management and their first line, and the possibility that they may be involved in criminal acts that may lead to investigations, proceedings, trials and criminal convictions. Our activity of preventive advice to companies is based on the assessment of the risks of criminal liability of the legal entity itself and, also, the risks of personal liability of the members of the Board of Directors and of their Executives. In addition, the knowledge we gain of the activities, the environment and the internal control tools of the company, also allows us to advise the Board of Directors and the Legal Management on the areas and ways in which they may be victims of internal fraud.
This experience combined with the knowledge we acquire of the companies that request our help (mainly derived from their different size, business volume, industry and maturity of their internal control systems), derives in the design of specific solutions to neutralize the risks of their criminal liability or of being victims of criminal fraud. These solutions progress from simple due diligence procedures, through adaptations of the internal control and/or risk management methodology followed by the company itself (using as referral methodologies COSO & COSO ERM), to specific methodologies of certifiable regulatory compliance (ISO 37301:2021 “Compliance management systems”; UNE 19607:2017 “Criminal Compliance management systems”), if the client so wishes.
Each solution for each client is specific and adapted to their circumstances, with the flexibility provided by the different methodologies as well as the possible outsourcing of tools and functions of the systems we propose, always seeking the most efficient, fast and competitive implementation of the solutions for preventive neutralization of criminal risks. Below you can see the areas and occasions in which we usually develop our activity:
CREATION AND OPERATION OF CRIMINAL COMPLIANCE SYSTEMS ISO-37301
Designing, understanding the organization and its culture, the necessary system according with the ISO 37301 methodology to manage criminal compliance risk; support when commissioning the system, solving doubts and incidents.
INTEGRATION OF CRIMINAL RISK IN ENTERPRISE RISK MANAGEMENT AND INTERNAL CONTROL SYSTEMS
Integration on the components, principles and points of focus of the COSO and COSO ERM methodology, the risk of non-compliance with criminal regulations.
REVIEW OF MANAGEMENT SYSTEMS FOR CRIMINAL COMPLIANCE
Reviewing criminal compliance management systems, assessing their effectiveness in neutralising risks of criminal liability, the efficiency of the resources proposed to achieve it and possible recommendations for improvement.
WHISTLE-BLOWER CHANNEL MANAGEMENT
Managing the whistle-blower channel and conducting the necessary internal investigations to verify the claim, put an end to criminal activity and pre-establish evidence.
CORPORATE INTERNAL INVESTIGATIONS
Leadership of internal investigations linked to potential non-compliance situations, verifying the facts, ending the non-compliance situation and pre-establishing evidence.
LEADERSHIP AND TRAINING
Training and awareness programmes in the criminal compliance management system aimed at governing bodies, compliance committee, senior management and employees within the organisation.
SELECTION AND TRAINING OF COMPLIANCE OFFICERS
CRIMINAL COMPLIANCE AUDIT
Analysis of conformity or non-compliance with the applicable criminal requirements, of specific business operations.
MATURING COMPLIANCE SYSTEMS FOR CERTIFICATION
Review of criminal risk prevention systems, of their design and implementation needs in order to be certificated in accordance with ISO 37301:20201 methodology.