Criminal law has become increasingly important for companies. Indications of potential irregularities may lead to elaborate proceedings, liabilities, and reputational damage. Sometimes it is not possible to prevent that from happening. NautaDutilh is one of the few major law firms in the Netherlands to have a full-service Corporate Crime & Investigations team for precisely those cases. Our lawyers are working daily on complex issues involving fraud and anti-corruption laws (e.g. UK Bribery Act and FCPA), sanctions legislation, anti-money laundering laws (e.g. Dutch Money-Laundering and Terrorist Financing Prevention Act), and tax fraud. And they support companies in criminal cases involving allegations of, for example, bribery or money-laundering.
Practical experience and specialist expertise
NautaDutilh has one of the Netherlands’ largest criminal practice groups. Our lawyers handle all stages of criminal proceedings, from providing assistance during a dawn raid, an interrogation or hearing of witnesses in a preliminary investigation, through to representing companies in court, including, where necessary, before the Dutch Supreme Court. We also advise on extraditions and have experience with complex asset attachment cases, representing clients during the negotiations. To prevent a case from coming to court, companies also often explore the possibly of reaching a settlement with the Public Prosecution Service. At NautaDutilh, we are experienced in conducting complex settlement negotiations with authorities in multiple jurisdictions.
In addition to providing practical and strategic advice, our lawyers are also, of course, excellent legal experts, who regularly publish in professional journals about environmental criminal law, criminal procedural law, and attorney-client privilege. They also regularly give presentations at national and international conferences and are guest lecturers at universities.
Ability to assess overall impact on operations
Their strong embeddedness in a full-service law firm with an extensive international network means that our lawyers know what impact a criminal case can have on a company. Our lawyers also advise on specific criminal law-related issues, such as dealing with employees (employment law measures), the annual accounts process (enhanced audits), financing, and communications with shareholders (inside information), governance stakeholders, and regulatory authorities. They understand the importance of confidentiality: we are experts in attorney-client privilege matters. Our lawyers speak and publish regularly on a variety of topics in these related areas as well.
As a result, our lawyers are well-equipped to conduct internal audits themselves. This means that the strategy in a criminal case will always be determined from the broadest possible perspective so as to minimise the impact of the criminal investigation on the company. For more information, see our Corporate Investigations Team.
NautaDutilh's Corporate Crime Team
Our Corporate Crime team comprises twenty criminal lawyers, who are known for their pragmatic and hands-on approach. We have twenty-five years of experience in financial and economic sanctions law and administrative law. Led by three of the firm’s female partners, the team also definitely promotes female leadership.
Our team in the news and publications
- Francien Rense and Eveline van Rhijn on corporate investigations – TvSO 2020 nr. 3/4
- Marike Bakker in Het Financieel Dagblad about investigations 2.0 - 4 June 2019
- Marike Bakker and Vincent de Bruijn in Advocatenblad on corporate investigations - March 2019
- Vincent de Bruijn and Terrence Dom on GDPR and investigations – TvSO 2018 nr. 5/6
- Advising a leading Dutch bank on the negotiations with US regulators;
- Acting for various large accounting firms in connection with enforcement action taken by regulatory authorities in the Netherlands and abroad;
- Assisting a transport company suspected of fraud and bribery. This resulted in an irrevocable acquittal;
- Advising the accounting firm of Deloitte in connection with the Steinhoff accounting scandal;
- Conducting and advising on internal audits performed for clients in sectors such as banking, agrifood, life sciences, accountancy, housing corporations, real estate, and energy;
- Negotiating a settlement in a criminal case for a client in the food industry, following an accounting scandal that attracted international attention;
- Acting for a professional football association in various criminal tax cases involving players’ transfer fees;
- Acting in controversial insider dealing cases, including for a former CEO of a listed multinational company.
Meet the team leadsSee the whole team
What others say
Our Corporate Crime team has been ranked Tier 1 in the Legal 500 for many years now.
"NautaDutilh provide a premier white-collar crime service. They have deep market knowledge and are instructed on a range of high profile cross-border matters. The team is collegiate and user friendly and adds tremendous value as part of an international consortium of law firms on cross-border matters." (Legal500 2020)
"Top notch quality in various areas of economic crime. Strong international background, very well-connected with authorities." (Legal500 2020)
"Intelligent and strategic thinkers who make the right decisions for the benefit of their clients!" (Legal500 2020)