Plesner launches search manual for the guidance of companies in case of investigations by officials

Plesner advises companies on how to deal with announced as well as unannounced visits by the State Prosecutor for Serious Economic and International Crime (SØIK)/the police. Accordingly, we have prepared a search manual including guidance as to how undertakings should act before, during and after a search/seizure. The manual addresses searches carried out by SØIK/the police in matters in relation to infringements of special commercial legislation, including the Danish Anti-Money Laundering Act , the Danish Capital Markets Act/MAR, tax laws, etc as well as matters in relation to criminal offences such as bribery, fraud, criminal breach of trust, etc.

Danish business sector regularly faces increased and stricter regulation in a wide range of areas, including capital markets (for instance, the Danish Securities Trading Act, and in particular regulation of market abuse), anti-corruption, anti-money laundering, etc. It is complex regulation challenging compliance with the applicable rules. This applies not least to international/global group undertakings which in addition to having to comply with Danish rules are also subject to foreign regulation. 

Failure to comply with the regulation is not limited to economic sanctions but increasingly also implies criminal sanctions. The latest developments, nationally as well as internationally, reflect an intensification of focus on enforcement by the authorities resulting in fines and sanctions being imposed on undertakings as well as their managements for failure to comply with corporate criminal legislation. Recent years have in particular seen a strengthening of the co-operation between Danish and foreign authorities on coordination of their respective investigations. 

As a consequence of authorities’ increased focus on enforcement it is necessary for undertakings to be prepared to tackle the procedural aspects of a criminal investigation in order to protect their interests and ensure a proper procedure in terms of due process. An undertaking should, among other things, focus on the potential situation where it becomes subject to search and seizure by SØIK/the police.

Do you have any questions, or are you interested in receiving a copy of Plesner’s search manual (in Danish)? Contact Attorney Sarah Schæffer by email.

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