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Günbay Attorney Partnership’s Compliance team provides specialised legal advice in all corporate compliance matters such as fraud, misappropriation, forgery of documents and unfair competition, criminal investigations, legal proceedings and criminal litigations, abuse of trust by employees and directors and liabilities of directors and managers.

Considering especially potential cross-border effects of legislation such as the Foreign Corrupt Practices Act (USA) and the Bribery Act (UK), companies may face criminal and administrative penalties as well as civil lawsuits due to irregularities within their organizations, both from their own government and from other states. The development and implementation of an effective corporate compliance program is a company’s first line of defense against criminal and regulatory misconduct and will limit the exposure of the company to penalties pursuant to applicable laws. The existence of an effectively implemented compliance program assures all relevant stakeholders – shareholders, governments, employees, business partners, clients and customers – that the company is dedicated to running a legal business. It can even be brought to courts as a legal defense against charges of misconduct.

We are capable of developing programs tailored to a particular industry and any company within that industry. These programs are designed to instruct employees about the complexities of the laws governing their company, particular vulnerabilities a company may face, and overall ethical behaviour. The clients we have assisted are now much better positioned to prevent and detect corporate misconduct.

The implementation of the necessary inter-corporate compliance programs and mechanisms is held by expert attorneys from the Tax Law, Employment Law, Corporate Law and Competition Law departments along with the support of the Litigation department. This process is carried out via consideration of sector-based dynamics as well as the need of each and every client.

We regularly conduct internal investigations on behalf of in-house counsels, compliance offers and Audit or Special Committees of Boards of Directors. We investigate allegations of improper conduct, including those involving tax and accounting irregularities, corruption, fraud, cartels and price fixing, and regularly help our clients develop innovative solutions to problems identified as a result of the investigative process. While companies are rarely under an express legal obligation to conduct an internal investigation, our quick and appropriately targeted approach gives prosecutors, regulators, investors, and shareholders renewed confidence in the management and direction of the company. The outcome of such internal investigations develops a factual basis toward taking appropriate actions, including precautionary measures designed to prevent a continuation or repetition of any detected misconduct.

When clients face potential criminal indictments or regulatory investigations, we assess the exposure and develop strategies for dealing with it with minimum damage to the company, both financially and reputation-wise. We represent our clients before the investigations and prosecutions conducted by Turkish prosecutors and government authorities. Many of our representations result in decisions not to indict or charge and the companies involved therefore avoid adverse publicity. We advocate our clients’ positions before relevant law enforcement agencies and regulatory authorities, negotiate with prosecutors and government inspectors on their behalf, and vigorously represent our clients in the post-indictment process and administrative proceedings through investigations, trials and appeals.

We bring advanced understanding of money laundering policies as they apply to a range of businesses, assisting our clients in accomplishing sophisticated business transactions within the complex regulatory environment. We also monitor our clients’ legal and economic environment and give advance warning of regulatory and legislative developments that will impact their business and/or expose them to criminal liabilities. We provide seminars and accommodate specific requests for comprehensive tailored legal and compliance training.

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