Geißler Legal - Law firm for compliance & commercial criminal law

Lawyer Compliance & Commercial Criminal Law Cologne

Compliance optimized Legal Advisory for entrepreneur business activities - out of the box, cross-border, cost-efficient..

Criminal Law and the Corporate context? Is this a serious coincidence?

Due to the fact that companies become more and more target of the authorities and criminal prosecution, yes. By consequence, Criminal Law is important for entrepreneurs for two reasons:

For the purpose of prevention – so-called preventive criminal compliance
For the purpose of defense – so-called reactive criminal compliance

With the increasing focus of law enforcement authorities on companies and their decision-makers as the target of investigations, I advise and represent you with advice and support in all matters of commercial criminal law.

1. Prevention - preventive criminal compliance

Compliance is based on three pillars: prevention, control and reaction. All three pillars should be installed and secured in your company with a stable foundation. With criminal law as the sharpest sword of the legal system, the absolute focus in your organization should be on prevention, i.e. the prevention of criminal cases. Use criminal law compliance to prevent the emergence of initial suspicions of criminally relevant behavior such as unfair influence in commercial transactions, foreign corruption or fraud systems. Effective prevention to protect the company and its representatives can be achieved by implementing criminal compliance structures.

I support you in fully meeting your compliance requirements and proactively addressing legal risks. My services include:

anti-corruption training: I offer targeted training to sensitize your team to the dangers of corruption and help you develop preventive measures. This not only strengthens the integrity of your company, but also protects against possible legal consequences. Bring training courses back to life and let them take place in interactive presence. Your employees will thank you.
Advice on competition law: With my expertise in competition law, I support you in complying with competition law regulations and avoiding anti-competitive practices. This helps you to use fair competitive advantages and avoid legal disputes.
Money laundering and foreign trade laws: I provide you with comprehensive advice on the complex anti-money laundering regulations and foreign trade laws. This includes the implementation of effective control mechanisms to ensure that your company meets all legal requirements and risks are minimized.
Internal Investigations: If internal irregularities or suspicions arise, I conduct thorough internal investigations. My goal is to identify and resolve potential legal risks at an early stage in order to ensure the integrity and transparency of your company.

2. Defense - reactive criminal compliance

While the Anglo-Saxon and US legal systems have always had corporate criminal law (e.g. US Federal Sentencing Guidelines), there is no criminal law in this country that directly punishes companies, because criminal law is linked to guilt. However, in addition to the long discussion on the introduction of the so-called Corporate Sanctions Act, there are a number of fines that companies must be aware of. Fines are, in formal legal terms, only administrative offenses. However, if the company concerned is required to pay 101% of its annual worldwide turnover, it makes no difference whether the sanction is a penalty under the Criminal Code in the legal sense or "only" an administrative offense under the Administrative Offences Act. In Germany, the most important provisions here are Sections 30 and 130 of the Administrative Offences Act, according to which companies as corporations themselves and their managing directors can be severely punished.

The decisive question is always whether the managing director can be proven to have violated the principles of a prudent businessman or to have been guilty of so-called organizational negligence. It is therefore important to have implemented processes in advance that can be proven to counteract this. This could include vertical delegation of managing director duties and clear reporting documentation.

It is also important to know that anyone who is being investigated for an administrative offence has the same rights of defence as an accused criminal. If you are personally affected or have received mail from the public prosecutor's office on suspicion of fraud, breach of trust or delaying insolvency, please do not hesitate to contact me, especially if:

house search and search of your business premises
summons for questioning as an accused or as a witness
confiscation, seizure, preventive asset recovery
issuing detention orders, in particular pre-trial detention

Contact me today to find out how I can help you meet your compliance requirements and protect your business legally. Rely on my expertise in compliance and criminal law to professionally resolve your legal questions.

Make an inquiry now

We will be happy to advise you comprehensively and personally on your concerns.

My expertise for your legal challenges

My many years of experience in the field of compliance and criminal law enable me to offer you precise and well-founded support. I understand the complex legal requirements that companies face today and work to represent your interests in the best possible way. With a clear focus on your individual needs, I help you to minimize legal risks and achieve your compliance goals.