Economic crime cases and other disputes arising from regulatory inspections
Every year, Norwegian businesses are subject to scrutiny by the authorities, and occasionally the company is subsequently subject to penalties or other sanctions.
These may be cases brought by Økokrim, or by other regulatory bodies, on the basis of specific suspicions of irregularities or as a result of routine supervision.
Thommessen has extensive experience in assisting clients (i) in corporate criminal cases, (ii) during investigations and in the event of charges being brought against private individuals in economic crime cases, and (iii) in cases where businesses have been subject to sanctions by the Competition Authority, the Financial Supervisory Authority or the Labour Inspection Authority, or other sectoral authorities.
With us from the very beginning
We are often involved from the very outset, i.e. from the moment the authorities knock on the door, or a person is arrested and questioned by the police. When this happens, we make ourselves available immediately and assist the client in ensuring that the authorities act in accordance with the regulations and that the client’s rights are safeguarded.
When regulatory authorities take action, the first question that arises is what material the relevant authority is entitled to access, but other issues also arise. This may, for example, concern employment law, data protection, stock exchange reporting and how the company – including the board – should respond to the allegations. In the event of searches and arrests in economic crime cases, we assist with questioning and ensure that the client’s and the relevant parties’ rights are safeguarded in the best possible way. Early involvement is often the key to a successful outcome.
Thommessen has extensive experience in dealing with clients facing various types of regulatory scrutiny, and possesses both the breadth and capacity to identify and work towards resolving all such issues.
In the period following an investigation by the authorities, clients often have a significant need for information. The allegations must be investigated, and there is often a need to review seized material, etc. We naturally also assist with this part of the process. Thommessen specialises in such ‘fact-finding’, and we have analytical and project tools that make the processes efficient and streamlined.
Thommessen assists in all stages of disputes where there are grounds to challenge a sanction imposed on a business. We carefully assess the litigation risk and always advise – and discuss with – our clients in light of this assessment, partly to ensure that the client does not incur unnecessary legal costs. We also provide clear advice on how the case should be handled to achieve the best possible outcome, and manage the case using our well-established project model, which contributes to predictability and clarity for the client. The legal team is carefully selected, and we have broad and extensive experience in litigating this type of case before the courts.
Extensive experience in case management
With a large number of lawyers and significant professional breadth, Thommessen is particularly well-suited to handling economic crime cases.
Virtually all such cases are based on underlying civil law issues, for example within tax or securities trading law. In addition, the cases are often linked to sectors such as finance, asset management or employment. We have in-depth knowledge of the relevant areas of law and a good understanding of the relevant sectors. At the same time, we have a number of solicitors with extensive experience in criminal cases – including several with experience from the prosecution service – and therefore possess solid expertise in criminal law and criminal procedure.
Our teams are always carefully assembled to ensure an optimal combination of the necessary areas of expertise.
Thommessen also has significant experience in handling disputes arising in the wake of economic crime cases and other matters triggered by regulatory investigations. This applies to compensation cases, employment law cases, tax cases and VAT cases. We have also assisted foreign companies that have been subject to corruption investigations in Norway, and acted as defence counsel for companies that have been implicated in criminal proceedings.
If the case is not resolved at the investigation stage (by being dismissed), a judicial review of the charges is inevitable. In recent years, Thommessen has – with considerable success – handled and acted as defence counsel in a number of major white-collar crime cases, involving charges of corruption, tax evasion, fraud, breaches of the Securities Trading Act and similar offences. These include several of the most high-profile white-collar crime cases in recent years.
We have also handled the largest competition law cases and cases concerning sanction decisions by other regulatory bodies.
