Criminal law has become increasingly important for companies. Indications of potential irregularities may lead to criminal and/or administrative proceedings against corporate entities themselves or against individuals working for the business, various kinds of liability and reputational damage. OSK can advise and assist you in the various complex issues involving corporate crimes.
We provide advice on all aspects of criminal law including economic offences such as fraud, embezzlement, bribery matters as well as other offences where natural persons are involved, such as alleged assaults, harassment and #Metoo issues.
We routinely assist businesses investigating whether they or their employees or partners have engaged in any behaviour which can entail criminal liability. This is done by document review, reviewing custodian emails and using other IT forensic tools and means. We can then advise on the best action to take.
We will vigorously assist you in protecting the reputations of individuals and companies. Unfortunately, this is often very necessary at a time when investigative services, supervisory authorities and the public prosecutor’s office are pursuing an active ‘information gathering policy’ and taking an arguably blunt black or white approach. We know the media business like the back of our hand and will be happy to assist you in implementing and developing the right media strategy.
Sometimes silence suffices, but it is often advisable to adopt a (pro-) active attitude and to demonstrate openness and transparency. Over the years we have built up a good relationship with many media and journalists for whom we are a reliable party. The lawyers of OSK are even regularly asked to comment on general legal news.
Administrative Law, Professional Conduct and Environment
Together with our regulatory and compliance colleagues we also advise on administrative law matters. These can include for example enforcement under the drugs legislation (e.g. Opiumwet) or the legislation regulating various professions (for instance medical, dentistry, notarial, legal) and standards applicable to professionals.
In recent years, the Netherlands government has been paying more and more attention to the environment. Action against companies (but also against private individuals) is therefore accelerated in the event of violations of environmental legislation. There is a wide range of environmental crimes, all of which are laid down in various laws, decrees and (international) guidelines. These include violations of the Environmental Management Act (de Wet milieubeheer), the BRZO, permit requirements, but also the various offenses listed in the penal code (wetboek van strafrecht), such as polluting the soil, air or surface water and smell and noise pollution. Enforcement action can often be administrative (for example, by imposing an order subject to a penalty or an administrative fine) or criminal (for example, by imposing a fine or issuing a summons).
OSK can advise and assist you if you are the subject of an investigation or if a permit is needed or if you have an administrative, environmental or professional conduct complaint or issue which requires redress.
‘The only boutique firm in the Netherlands that operates on the edge of civil litigation and arbitration and criminal defence/ white collar crime work. They have an impressive international disputes practice and have proven to be a reliable partner in a number of complex proceedings.’
‘Van Oosten Schulz De Korte Advocaten has an ‘impressive international disputes practice’, advising on corporate and commercial litigation and arbitration, regulatory matters and white collar criminal defence work. An impressive client roster includes Gazprom Dutch Group Entities, Turkish Airlines and Hudson’s Bay Company.’