LÓPEZ BRAVOABOGADOPrivate consultation+52 477 111 9956Corporate and tax criminal risk
TAX CRIME AND CORPORATE CRIMINAL LIABILITY
A CRIMINAL CRISIS IS ALSO A CORPORATE CRISIS.
When an investigation reaches a company, the criminal file may simultaneously affect managers, employees, assets, operations and reputation. The response must coordinate individual defense, corporate governance and internal evidence.
Request a consultationMatters handled
THE LEGAL PROBLEM
MUST BE DEFINED.
- 01Investigations involving tax or property offenses, fraud, fraudulent administration or false statements
- 02Criminal liability of legal entities and analysis of organizational failure
- 03Defense of executives, managers, representatives and control functions
- 04Internal investigations and legally organized evidence preservation
- 05Criminal compliance programs proportionate to actual risk
- 06Coordination with tax, corporate, accounting and forensic specialists
Approach
A compliance manual downloaded from the internet does not prove risk control
Useful compliance begins with real processes: who authorizes, who pays, who verifies, how anomalies are reported and what evidence each control leaves.
During a crisis, evidence must not be contaminated, information destroyed, accounts coordinated or the company’s defense confused with that of each individual involved.
The strategy identifies conflicts of interest, legal privilege, responsibilities and corrective action without manufacturing a late appearance of compliance.
Method
FOUR DECISIONS
BEFORE ACTING.
- 01
Exposure map
Facts, people, transactions, authorities, resources and critical documents.
- 02
Crisis governance
Define responsibilities, communications, data preservation and conflicts of interest.
- 03
Defense and investigation
Coordinate the investigative file, interviews, experts, traceability and legal theory.
- 04
Remediation
Close real gaps and document sustainable controls for the organization.
Frequently asked questions
GENERAL ANSWERS.
INDIVIDUAL MATTERS.
These answers provide orientation but do not replace a review of the facts and documents.
01Can a company be held criminally liable in Mexico?+
The applicable framework provides consequences for legal entities in certain circumstances. Liability depends on the governing law, offense, conduct connected with the organization and its controls.
02Does a compliance program automatically prevent charges?+
No. A program must be appropriate, implemented and verifiable. A generic document with no real operation may have little value and create a false sense of security.
03Can the same counsel represent the company and its executives?+
Only after conflicts of interest have been analyzed. Positions may coincide initially and diverge as individual facts or decisions emerge.
WHO HARMED YOU? I'LL DEFEND YOU
TELL ME WHAT
IS AT STAKE.
Private consultation subject to a viability and conflicts review.
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