White Collar Crime


Overview

When crime gets creative, its vision clouded with greed; it’s your robust systems and procedures which is the answer to nail it. We help you build and retain these systems and procedures, take appropriate actions at opportune time to protect your interests.

We are one of the foremost law firms, widely respected for our expertise in this sphere of law.

Khare Legal Chambers is representing clients in some of the biggest white collar issues, civil contentious matters as well as defending and prosecuting such issues.

Unauthorized dealing of critical confidential data, business plans, unauthorized use of corporate benefits for gain, fraud, monetary transactions, money laundering, bribery, government bribery, excess fee payment issues, email fraud, insider trading, sexual harassment at work place, deliberate dereliction of official function to cause loss to company for personal gains, cartels, embezzlement, accounting fraud and related issues, misreporting of sales / financial figures are only some of the illustrations of types of white collar crime issues being faced in India. The list is by no means exhaustive.

As enforcement is being tightened by the day; brains of cheats are working equally hard to outwit the corporate and the enforcement agencies.

White collar crimes cannot be eliminated. They can certainly be reduced substantially and an environment created where perpetrating such actions becomes un-doable.

Therefore, a robust system to deal with such issues is required.

Corporates need to have proper risk assessment systems, risk mitigation knowledge and action plans. Interestingly, white collar crime, like issues of sexual harassment at work place are sought to be hushed up; pushed under the carpet.

Why ?

Because this causes enormous reputational loss to the corporate. So, how would you prevent it? There is no tick box answer to this question. The way forward is periodic sensitization, up to date systems, regular drills, regular audits, vigilance, and more. The solutions have to be designed absolutely specifically for each corporate. A one fit for all solution doesn’t work. Robust systems have to be in place in case of dawn raids made by the regulators to unearth any illegal practices.

Various ways to reduce these risks are :

  • Setting the tone at the top is very important aspect of controlling fraud. Top management should have zero tolerance towards frauds. Senior management should lead by example by adhering to the policies and procedures and being accountable for their actions.
  • Positive work environment.
  • Proper state of the art IT systems and cyber security systems.
  • Awareness.
  • Code of conduct and manuals – and ensure that they are being implemented.
  • Systems.
  • Proper segregated and clearly defined duties for each employee.
  • Whistle blower policy.
  • Vigilance and Intelligence, etc.

Khare Legal Chambers’ powerful combination of resources enables the firm to anticipate and respond to the varied and unique challenges which arise from actions of white collar personel.

The Firm defends corporates, directors, officers and employees against allegations in various business contexts and at every stage of the enforcement process, including criminal action and civil trails. We also advise on prosecution.

At Khare Legal Chambers we handle investigations and civil and administrative proceedings brought by regulatory bodies & central and state law enforcement agencies.

The Firm handles all aspects of criminal trials, enforcement trials and related civil and administrative actions in various judicial fora.

We regularly advise corporates regarding establishment and implementation of business ethics compliance programs and provide advise with respect to specific compliance concerns, including those related to the Foreign Corrupt Practices Act, UK Bribery Act, Indian corruption legislations, protection of data, insider trading issues, etc. In particular, the Firm has an active compliance practice representing public companies, financial services firms and financial institutions on preventive and remedial measures before and after securities-related issues arise and with regard to lending practices and money laundering issues.

Confidentiality and Discretion

We are sensitive to our clients and committed to avoiding unwanted attention and publicity in connection with them. Even those that have come to public attention sometimes remain sensitive issues for our clients. Accordingly, in this setting we have omitted client names from most of our descriptions. Other significant representations are not included for confidentiality reasons.

Experience

  • Acting as counsel for former employees implicated for leaking confidential data, where the approximate claim is of Rs.2,000 crores
  • Acting as advisor to a leading corporate company against mis-management by its CEO in the insurance sector

*Please note that the experience mentioned above is only representative, some engagements / assignments / instructions cannot be mentioned for reasons of confidentiality.