Business criminal law lawyer in Paris

Goldwin’s expertise: anticipating and preventing criminal risk in the workplace

The role of the lawyer has changed radically: it is no longer just a matter of pleading in criminal court, but ofacting upstream. Criminal risk is now a management parameter in its own right.

Anticipation means understanding that every decision, from recruitment to the signing of an international contract, involves a potential criminal offence.

Our firm works with managers to transform this legal constraint into a lever of security and confidence for financial partners.

Definition of business criminal law and new management challenges

Business criminal law covers all the rules governing offences committed in the course of an economic activity. While the Criminal Code defines traditional offences, the Commercial Code and the Monetary and Financial Code specify offences specific to business life.

Today, the stakes are not just punitive but reputational. An impact on reputation can destroy the value of a brand long before an investigating judge issues an order.

Red Flags for business leaders :

• Lack of internal control procedures over banking flows.
• Transactions with companies based in areas with low tax transparency.
• Disproportionate gifts or benefits given to a public official.
• Recurrent confusion between personal assets and company funds.

Criminal liability of directors and legal entities (companies)

In France, criminal liability may be attributed to the natural person (the director) but also to the legal entity (the company). Underarticle 121-2 of the Criminal Code, companies are liable for offences committed on their behalf by their corporate bodies or representatives. This duality requires a coordinated defence strategy.

Jonathan Bellaiche and his team analyse whether an effective delegation of authority can exonerate the company director from individual liability while protecting the corporate entity.

Financial and management offences: our areas of expertise in criminal defence

Business life is punctuated by grey areas where criminal law punishes behaviour deemed unfair. Our expertise covers the entire spectrum of criminal law as it applies to businesses. Whether you’re dealing with insider dealing, illegal interest-taking or consumer law issues, our firm has cross-disciplinary skills. We act throughout France and before the courts of the European Union to ensure a rigorous defence.

Abuse of corporate assets (ABS) and management offences

Misuse of corporate assets is the leading offence in criminal business law. It punishes the use of company assets or credit contrary to the company’s interests, for personal ends. There is sometimes a fine line between legitimate expenditure and misuse, particularly in the case of groups of companies. Goldwin can help you justify the economic rationality of your management actions to investigators from the financial brigade or the public prosecutor.

Tax fraud, money laundering and criminal customs law

Criminal tax law has become tougher with the end of the Bercy lock, facilitating automatic prosecution. Money laundering, often associated with fraud, involves facilitating the false justification of the origin of funds. These cases require a thorough understanding of the General Tax Code and banking law.

We assist our clients during customs and tax inspections to prevent administrative irregularities from slipping into criminal legal proceedings.

Corruption, swindling and breaches of probity

The fight against corruption and influence peddling has become an international priority. A simple commission paid to obtain a public contract can result in devastating penalties.

Fraud, defined as the use of false names or fraudulent manoeuvres, is also a major risk in complex commercial relationships.

Goldwin will structure your defence using the recommendations of theFrench Anti-Corruption Agency to demonstrate your good faith.

The 5 pillars of effective compliance (Sapin II) :

• Code of conduct integrated into internal regulations.
• Internal whistle-blowing system (whistle-blowers).
• Business-specific risk mapping.
• Procedures for assessing third parties (customers, suppliers).
• Training for managers and staff at risk.

Criminal vulnerability audit: preventing risks before the offence is committed

Before a takeover, a merger or simply to secure your governance, a vulnerability audit is an essential tool. It enables you to identify flaws in your delegations of power or your financial circuits. This preventive examination acts as a shield: in the event of a future problem, it proves that the manager has implemented the necessary means to comply with criminal law. It is a guarantee of seriousness for your shareholders and investors.

Need to secure your operations?
Consult GOLDWIN AVOCATS in Paris 16 for a vulnerability assessment.

From investigation to hearing: Goldwin’s criminal procedure strategy

Criminal procedure is a moment of rupture where every word counts. From the first phase of the preliminary investigation to the appeal court, mastery of the rules of the Code of Criminal Procedure is your only guarantee. Our firm is present at the Paris Court of First Instance, located at Porte de Clichy, to assist executives at criminal hearings and at hearings before the liberty and custody judge.

We also have extensive experience of appearing before the National Financial Prosecutor’s Office (Parquet national financier – PNF), which specialises in tracking down serious economic crime and highly technical corruption cases. We analyse every piece of evidence, raise procedural nullities and prepare your statements to avoid any judicial misunderstandings when dealing with specialist magistrates.

Emergency defence: searches, police custody and open hearings of executives

A search is often the first traumatic contact with the law. It may be followed by police custody or an open hearing. At these tense moments, a business criminal lawyer plays a crucial role in ensuring that your rights are respected. We can intervene immediately to check that seizures are lawful and advise you on the right to remain silent. Your defence begins from the very first minute on the premises of the criminal investigation department.

Managing judicial investigations and challenging indictments

If the case is complex, an investigating judge is appointed. This is the investigation phase in criminal law. You may be placed under the status of assisted witness or be the subject of an indictment. Cabinet Goldwin can access the case file, request expert opinions and ask for confrontations. Our aim is to obtain a dismissal of the case by demonstrating the absence of any material or intentional element constituting the alleged offence.

Alternatives to prosecution: negotiating the CJIP

The Public Interest Judicial Agreement (CJIP) is a revolution in business criminal law. It enables a company to negotiate a fine without admitting guilt, thereby avoiding a public trial and exclusion from public contracts.

In addition to this transaction, the firm has expertise in other simplified methods, such as appearing in court on the basis of prior acknowledgement of guilt (CRPC), which can shorten legal proceedings.

Cabinet Goldwin can help you to settle your criminal case quickly and confidentially, thereby shortening legal proceedings.

Crisis management and protection of an executive’s legal e-reputation

Criminal proceedings are often accompanied by a‘media trial‘ on social networks and in the specialist press. The impact on a decision-maker’s reputation can be irreversible. We work with communications experts to master the media narrative. Protecting your digital image is as important as protecting your freedom; it’s an integral part of our modern defence strategy.

Are you currently involved in legal proceedings?
Contact GOLDWIN AVOCATS in Paris 16 immediately to protect your image and your rights.

Criminal sanctions and management risks: limiting the legal impact on your career

Penalties under criminal business law are among the most severe in the French legal system. They are not limited to a fine, but can have a lasting impact on your ability to carry on a business activity. Understanding the scale of penalties is essential for assessing what is at stake in a case. Goldwin works tirelessly to obtain acquittals or, failing that, proportionate sentences that do not jeopardise your future.

Examples of offences and possible penalties:

Risks incurred: criminal fines, prison sentences and confiscation of assets

Financial offences can result in prison sentences, even for first-time offenders. Fines for companies can be up to five times those for individuals, or 10% of turnover under a public interest judicial agreement (CJIP). In addition, the confiscation of bank assets and real estate has become systematic. Our role is to contest the amount of these seizures and to demonstrate that your assets have a lawful origin.

Avoiding a management ban and protecting the reputation of the decision-maker

A management ban is often the“professional death sentence” for a company director. It deprives you of your job and your social status. In addition, the court decision has to be posted on the company’s website, and the company’s name is branded with a red-hot iron. Goldwin uses specific arguments to convince the criminal court not to impose these accessory penalties, thereby preserving your employability and your dignity.

Choosing Goldwin: an elite defence in business criminal law in Paris

Located in the 16th arrondissement of Paris, Goldwin Avocats is renowned for its pugnacity and technical expertise. We handle complex cases involving major financial stakes and international issues. Our strength lies in our ability to combine traditional criminal defence with an in-depth understanding of financial mechanisms. When you choose our firm, you can be sure of a constant presence and unfailing expertise.

A multidisciplinary approach: law, finance and strategy

Business criminal law is not the same as ordinary criminal law. You need to know how to read a balance sheet, understand an LBO (leveraged buy-out) or analyse cryptocurrency flows. Goldwin works in synergy with chartered accountants, auditors and tax specialists. This 360° approach enables us to dismantle the prosecution’s technical arguments and propose an alternative reading of the facts, based on the reality of the business.

Responsiveness and confidentiality: the Goldwin hotline

In criminal matters, time is an enemy. A 6am search requires a 6.15am response. Our firm guarantees total availability for its clients in crisis situations. We respect absolute confidentiality, protected by lawyer-client privilege, the cornerstone of a relationship of trust. Whether you are in Paris or elsewhere in France, we are your first line of defence against legal adversity.

Secure your defence: Cabinet Goldwin’s commitment

Criminal defence is a battle for truth and proportionality. Cabinet Goldwin is committed to working alongside you with total determination, whether for a simple legal consultation or a long-term defence before the Court of Cassation.

In addition to financial crime, our expertise extends to all areas of criminal law, offering comprehensive protection to managers and individuals:

• Criminal employment law: to deal with issues relating to employee safety, undeclared work and harassment.
• Criminal customs law: to secure your international flows and challenge the authorities’ infringement procedures.
• Criminal road traffic law: to protect your driving licence and your professional mobility against traffic offences.
• New technologies and cybercrimelaw: to respond effectively to system intrusions, data theft or digital extortion.
• Press law: defending your honour against defamation, insult or invasion of privacy.

Your peace of mind is our priority, your defence is our expertise. Whatever the nature of the offence and the complexity of the proceedings, we mobilise the necessary skills to restore balance in the face of justice.