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Cracking the Wall of Silence Dr. Jürgen Brandstätter European Corporate Counsel Summit 2013

Cracking the Wall of Silence Dr. Jürgen Brandstätter European Corporate Counsel Summit 2013. www.bma-law.com. You have a dream:. An authority investigates your company for Anti-trust infringement Bid rigging Corruption Tax evasion … and you have no idea why. How to get information:.

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Cracking the Wall of Silence Dr. Jürgen Brandstätter European Corporate Counsel Summit 2013

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  1. Cracking the Wall of SilenceDr. Jürgen BrandstätterEuropean Corporate Counsel Summit 2013 www.bma-law.com

  2. You have a dream: An authority investigates your company for • Anti-trust infringement • Bid rigging • Corruption • Tax evasion … and you have no idea why

  3. How to get information: Precedent cases: • Siemens • MAN • Ferrostahl • Thyssen-Krupp …. they set up an Amnesty Program

  4. Content of the Amnesty Program: Usually the employer promises • not to take action against the employee (be it employment wise or for damages) • confidentiality • not to report the employee to the authorities • in some cases: the coverage of legal costs

  5. Who is included in the program: • Level of hierarchy • Who can provide vital information • General or specific amnesty • Twostepapproach • First: general promise of no criminal consequences for anybody who provides information • Second: individual agreements with selected employees ….. until a certain date

  6. Problems: • Waiver of damage claims • Business judgment rule • Breach of duty • Information of works council • Promise of confidentiality • Ad-hoc announcement

  7. Public procurement: • Secure operator status required • Mandatory exclusion in case of a conviction for • organized crime • bribery • fraud • money laundering • Other offences lead to discretionary exclusion … or being barred in the future

  8. Conclusion: • Ethical considerations • Good business practices • Call your outside counsel … he is privileged

  9. Thank you for your attention ! For further information please access our website: www.bma-law.com

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