Compliance

The firm BOTTINI E TAMASAUSKAS makes its experience and knowledge available for implementation and improvement of criminal compliance systems for companies and institutions that aim at a committed management with ethics and legal standards.

What is criminal compliance?

Criminal compliance is a system of internal business controls whose purpose is to ensure the commitment of the institution of the standards of care with criminal nature required by the legal system and by regulatory agencies.

The purpose is to ensure that the company has mechanisms that avoid its involvement in offenses related to its performance area, such as money laundering, cartel, crimes against Public Administration, fraudulent or vexatious management, crimes against the consumer, among others.

The creation of internal investigations instruments to learn possible offenses practiced by employees and apply disciplinary sanctions also integrate the compliance.

 

What is the importance of criminal compliance?

The approval of new criminal laws (money laundering, competitive crimes) and resolutions regulating countless activities (BACEN, COAF, CADE, among others) requires from the company the creation of a structure to learn the standards, follow their constant changes and alterations in its interpretation, in order to avoid problems arising from its breach.

The implementation of an adequate system of criminal compliance ensures the compliance with standards, avoiding administrative or criminal liability for the company or its managers. It prevents image crises and the expenditure of resources to face the consequences of illicit conducts.

The company with a trustworthy criminal compliance structure demonstrates solidity and transparency for the Market and its clients.

 

How to implement criminal compliance?

The criminal compliance system formatting must be adequate to the company’s characteristics and the specific market.

The firm BOTTINI & TAMASAUSKAS offers legal advisory for construction or improvement of a customized criminal compliance system. To that end, it relies on experienced professionals for the following activities:

 

  • Analysis of standards and normative acts that regulate the company's activity with possible criminal impact;
  • Determination of internal procedures of the institution for detection of the main risk focuses of noncompliance with standards (interviews and analysis of statutes, bylaws and other documents);
  • Presentation of compliance framework with indication of risk focuses and necessary procedures for its elimination or reduction;
  • Preparation of internal regulations with rules and procedures turned to the functional staff and provision of investigation procedures of disciplinary and legal breaches;
  • Legal advisory for training of the functional staff in criminal compliance.

The activities are coordinated by the lawyers-partners of the firm.

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