Defense
Defense of individuals
Defense of directors, managers, executives and professionals accused of economic crimes, from the first summons through trial and appeals.
White-collar crime
Defense, criminal complaints and internal investigations in economic and corporate crime, for those who run companies and for the companies themselves.
What we do
Law 21.595 changed how corporate crime is prosecuted in Chile: more offences, harsher penalties for executives and a much broader regime of criminal liability for legal entities. We act before, during and after an investigation.
Law 20.393
Defense of the company
Representation of the company in investigations under Law 20.393, including proof that its prevention model was effective as a defense.
Complaints
Representation of victims
Criminal complaints for internal fraud, breach of fiduciary duty, misappropriation, fraud and other offences against the company's assets.
Investigation
Internal investigations
Design and conduct of internal investigations following reports or signs of wrongdoing: evidence preservation, interviews and a report to management.
Prevention
Advice to boards
Legal opinions on decisions carrying criminal risk: related-party transactions, conflicts of interest, payments to third parties and dealings with public officials.
Authorities
Requests and inspections
Support before the Public Prosecutor's Office and regulators, preparation of statements and responses to information requests.
Offences we most frequently handle
A broad catalogue that today can also trigger the company's own criminal liability.
- AssetsBreach of fiduciary duty and misappropriationHarm to assets managed on behalf of others, including by company directors and managers.
- FraudFraud and deceptionFraud in contracts, invoicing, subsidies and business relationships.
- CorruptionBriberyOffering or paying benefits to domestic or foreign public officials, and private-sector corruption.
- IntegrityConflict-of-interest offencesTaking an interest in transactions in which one intervenes by reason of one's position, including in the private sector.
- LaunderingMoney laundering and receivingConcealing the illicit origin of assets and acquiring goods of illicit origin.
- MarketsMarket and antitrust offencesInsider trading, false information to the market and collusion.
- CyberComputer crimesUnauthorised access, computer fraud and system interference under Law 21.459.
- EnvironmentEnvironmental offencesThe new environmental crimes added to the Criminal Code by Law 21.595.
If your company is under investigation
The first decisions often determine the outcome: what is said, what is handed over, how information is preserved and who speaks for the company.
- Do not make statements without advice
Neither as a suspect nor as a witness. Before any statement, find out what is being investigated and in what capacity you are summoned.
- Preserve information
Do not delete emails, files or records. Destroying evidence worsens the position of individuals and of the company.
- Organise the internal response
Appoint a single point of contact, limit the circulation of information and document the decisions taken.
- Review the prevention model
If the company may be involved, evidence that its model was working is its main defense.
Independence
Independence. Defending a company in criminal proceedings and designing its crime prevention model are offered as alternative services. Before accepting an engagement we check for conflicts of interest, so that each client receives advice free from incompatibilities.
Frequently asked questions
What is an economic crime under Law 21.595?
Chile's Economic Crimes Law (Law 21.595) groups the offences it treats as economic into four categories, depending on their connection with a company's activity or with the position held by the offender. A special sentencing regime applies to them, with its own aggravating and mitigating circumstances, fines calculated on the offender's income and more limited access to alternative sentences.
Can a company be prosecuted even if no individual is convicted?
Yes. Corporate criminal liability in Chile is autonomous: it can be pursued even when the individual's liability has been extinguished or the perpetrator could not be identified, provided it is proven that the offence was committed within the scope of the company's activity.
What should I do if I am summoned by the Public Prosecutor's Office?
Do not give a statement without prior legal advice, even if you are summoned as a witness. Review with a lawyer the capacity in which you are summoned and the information available, and preserve relevant records without altering them. Everyone has the right to remain silent and to be assisted by counsel from the earliest stages of an investigation.
Do you also represent companies that are victims of a crime?
Yes. We file criminal complaints and represent companies and individuals affected by fraud, breach of fiduciary duty, misappropriation and other economic crimes, coordinating the criminal action with the appropriate internal and civil measures.
Can you assist outside Santiago or in English?
Yes. We advise throughout Chile. Meetings can be held by video call in English or Spanish, and court appearances are arranged according to the court and the stage of the proceedings. Court filings and hearings are conducted in Spanish.
A criminal investigation won't wait. Let's talk today.
A 30-minute initial video call to understand the situation, identify the main risks and explain which course of action makes sense. No commitment, and fully confidential.
Other practice areas
Law 20.393 · Compliance
Crime Prevention Model
Design, implementation and updating of corporate Crime Prevention Models under Law 20.393, as amended by the Economic Crimes Law (Law 21.595).
Law 21.719
Personal data protection
Compliance with Chile's new data protection law: records of processing, lawful bases, policies, processor agreements, data subject rights and breach management.
Law 21.643
Ley Karin and employment compliance
Prevention protocols and investigation procedures for workplace harassment, sexual harassment and violence at work required by Law 21.643 (Ley Karin).
Corporate
Corporate law
Company, contract and corporate governance advice as an outsourced legal department: entities, contracts, conflicts of interest and counterparty due diligence.
SMEs
Legal advice for SMEs
Compliance scaled to the real size of the business: assessment, priorities and a work plan with a defined scope and fixed fees.