1. What is the current legal landscape for White Collar-Crime in your jurisdiction?

1.1. Recent Trends in Danish White-Collar Crime Cases

The white-collar crime landscape in Denmark has evolved significantly in recent years, with a considerable increase in the number of cases.

The cases are increasingly originating from compliance failures in areas such as sanctions breaches, export control violations, and money laundering. The cases frequently arise from regulatory investigations and whistleblower reports.

In October 2025, the Danish newspaper, Børsen, reported that the Danish Special Crimes Unit (NSK) was currently investigating 20 cases regarding potential violations of EU-sanctions against Russia. Furthermore, the Danish Business Authority was handling 47 cases regarding the same; cases that potentially will escalate to the NSK if the Danish Business Authority finds reasons to file a police report.

The authorities’ focus on white collar crime follows the recent political focus on the area. For many years, it has been a general trend in Denmark that politicians have expressed a wish to be “tough on crime”, especially gang related crimes and crimes against life. This trend has now expanded to the sanctions area leading to a change in the Danish Criminal Code in June 2025 entailing stricter penalties for sanctions violations.

The political focus on white-collar crime is also reflected in the media attention which has intensified over the last couple of years. This affects the nature of these cases, including how the police investigate. This again affects the handling of the case from the defence counsel’s perspective. A robust defence strategy therefore needs to be geared towards handling both the pressure from external stakeholders, including the press, and internal stakeholders in the company facing criminal allegations.

Finally, white-collar crime cases are becoming larger and more complex, and they often stretch over a very long period, putting a huge pressure on the companies and individuals involved. As an example, the City Court of Copenhagen is currently hearing a case regarding a bank’s compliance with the Danish Anti-Money Laundering Act during 2012-2015. The case commenced with a police report filed in June 2016. The bank was indicted in June 2024, and the main hearing started in May 2025 and is scheduled to last until end of June 2026 with the final judgment expected later in 2026.

1.2. Legal Framework

The legal framework governing white-collar crime can be divided in two main categories.

The first category comprises the laws defining which acts entail criminal liability. The Danish Criminal Code is the main law including the general regulation on criminal liability for legal entities. The EU-sanctions are covered by the Danish Criminal Code. The category also covers the so-called special legislation (in Danish: “særlovgivning”) meaning the sector-specific law entailing criminal liability that is not the Danish Criminal Code. This includes, as an example, the Danish Anti Money Laundering Act and the Danish Export Control Act.

In Danish criminal law, an identification doctrine applies whereby the knowledge and conduct of employees may be attributed to the legal entity itself. This raises complex questions about what type of employees’ actions can trigger corporate liability, whether the company can avoid liability by demonstrating that the individual acted contrary to corporate policy, and how the necessary means rea is proved if the police have not charged any individuals involved.

The second category comprises the Danish Administration of Justice Act which regulates the criminal procedure from start to end. This covers the rules on the police’s investigation of crimes, including boundaries for the police’s use of coercive measures such as searches and wiretapping. The act is to a broad extent drafted with criminal procedures against individuals in mind, and certain provisions in the act therefore gives rise to fundamental questions when used in the context of criminal proceedings against legal entities. This includes questions about access to the case file and the defence counsel’s access to contact witnesses which may also be employees in the charged legal entity.

1.3. Authorities

Enforcement responsibility is allocated between the police and prosecution service on the one hand, and regulatory authorities with subject-matter expertise on the other.

Most often, the relationship between the authorities is that the regulatory authorities handle a case at the outset. This process can be initiated for example by an ordinary inspection conducted by the relevant authority or in relation to questions raised during the processing of a specific matter at the authority, e.g., an application for a license, or a notification from a third party, e.g., a whistleblower.

The regulatory authority will often ask questions to inform the case to decide whether the case should be reported to the police. It is important to be aware that any disclosed information to the authority may subsequently feed into a criminal investigation.

This relationship between regulatory and criminal proceedings prompt important strategic considerations for the defence counsel. Information provided during regulatory investigations may later be used in criminal proceedings, yet failure to cooperate with regulatory inquiries may itself constitute an offence or aggravating factor. This creates important strategic considerations about cooperation strategies and the extent to which companies should voluntarily disclose information.

2. What three essential pieces of advice would you give to clients involved in White Collar Crime matters?

Advice 1: Set up an effective crisis management team

The significance of a white-collar crime case cannot be overstated. White-collar crime matters are among the most serious legal issues businesses and individuals can face. The consequences – financial penalties, imprisonment, disqualification, reputational destruction – can be life-changing.

A police investigation, including the preliminary charge of the company, thus puts a massive pressure on the company and requires that a great number of actions need to be taken within a short period of time. Various stakeholders need to be handled, including the board of directors, banks, business partners, and the media.

An effective tool to handle the multi-dimensional and dynamic nature of a white-collar crime case is to set up an effective crisis management team with a clear mandate and procedures.

The team should be comprised of people from all relevant parts of the company and relevant external advisors, including the defence counsel and media advisors.

Hostile media coverage about an ongoing police investigation may have detrimental effects on the company’s business and huge personal consequences for the individuals involved.

Therefore, it should always be considered whether there is basis for requesting the court to issue a name ban (in Danish: “navneforbud”) that prohibits the media and public from disclosing the identity of the legal entity and any individual that are under investigation. This restriction is commonly used in criminal proceedings to protect the privacy and rights of company or private individuals involved. The purpose is to prevent any prejudgment to the ongoing investigations or future legal proceedings, and a name ban thus ultimately safeguards the right to a fair trial for the company and individuals involved.

Advice 2: Be patient

White collar crime investigations are complex and time-consuming. Unlike street crimes, they often involve intricate financial transactions, a large amount of documentation, and complex schemes that require extensive analysis. Authorities often need years to review bank records, trace money flows, interview witnesses, and build their case. Rushing or pressuring for quick resolutions can be counterproductive.

Patience in these types of cases is not about accepting delay for its own sake – it’s about allowing the legal process to work properly, avoiding self-inflicted harm, maintaining strategic flexibility, and ultimately achieving the best possible resolution of the case.

The pace of an investigation can be frustrating, indeed, but a patient and thoughtful approach throughout the process provides the valuable advantage of ensuring that when critical decisions must be made, they are made with complete information and careful deliberation.

Advice 3: Understand where future risks may stem from

On a broader level, it is important to consider the areas within a company from which white-collar crime cases are most likely to emerge. The answer will vary depending on the nature and structure of the company in question. High-risk areas should be identified through a comprehensive risk assessment of the company’s different business lines, operations, and functions.

As noted above, most white-collar crime cases originate not from internal discovery, but from investigations or enquiries initiated by regulatory authorities. Companies should therefore be alert to regulatory scrutiny and maintain constructive relationships with relevant supervisory bodies.

Additionally, the role of media attention should not be underestimated. Media coverage can significantly influence the course and intensity of administrative and regulatory proceedings. Public pressure generated by media reporting may prompt regulatory action or affect the approach taken by authorities in ongoing matters. Therefore, it should always be carefully considered whether to engage in a public discourse about a matter that is or is known to become a matter of interest for the relevant authorities.

3. What are the greatest threats and opportunities in White Collar Crime law in the next 12 months?

Regulation is become more complex and evolving rapidly with regulators taking an increasingly stringent approach to enforcement.

This represents one of the most significant challenges in white collar crime law, and the trend towards an even more intricate web of extensive, detailed, and overlapping regulation shows no signs of reversing. Businesses must invest in robust compliance infrastructure, whilst remaining flexible enough to adapt to continuous change.

The EU sanction regulations often include vague and unclear provisions leaving a large degree of discretion to the companies which may end up exposing them to criminal liability.

This is clearly a dissatisfying situation for the companies that most often only have one wish: to focus on their core business within the framework of the regulations.

At a principal level, it also raises fundamental questions about whether the current trends in white-collar crime regulation may, paradoxically, undermine certain aspects of the rule of law, even as they seek to strengthen it.

One of the core elements of the rule of law is that individuals and businesses should be able to understand what the law requires and predict the legal consequences of their actions. This principle of clarity and foreseeability, which is paramount in criminal law, is derived from article 7 of the European Convention on Human Rights and may be at risk of being undermined by the current trends.

• Regulatory complexity makes it genuinely difficult, even for sophisticated actors with expert advice, to determine whether conduct complies with all applicable requirements
• Overlapping and sometimes conflicting obligations from different jurisdictions create situations where compliance with one regime may breach another
• Vague standards such as “adequate procedures,” “reasonable measures,” or “appropriate controls” provide insufficient guidance about what is required judged in a criminal context
• Possible retrospective application of new standards or interpretations can catch businesses unaware
• Regulatory expectations that go beyond statutory requirements create a moving target

Whilst regulatory complexity poses challenges, it may also create opportunities for businesses subject to the regulations.

Compliance with the stricter regulations requires investment in resources, time, and management attention, but the returns can be substantial:

• Competitive advantages that translate into market share and profitability
• Reputational capital that provides resilience and stakeholder confidence
• Risk management that prevents costly mistakes and crises
• Operational efficiency that reduces costs and improves performance
• Regulatory relationships that facilitate business objectives

The businesses that will thrive in the increasingly regulated environment are those that embrace compliance as a strategic imperative, integrate it into their business model, and leverage it for competitive advantage.

4. How do you ensure high client satisfaction levels are maintained by your practice?

We believe that maintaining a high client satisfaction in white-collar cases, like any other cases, requires a deep understanding of the client’s needs that go beyond the criminal case. Such a case only represents one dimension of a potentially multifaceted business crisis.

An effective defence counsel team therefore requires that we draw upon expertise from various practice areas. White collar-crime cases never exist in isolation. On the contrary, they implicate several areas of the company in question such as finances, corporate governance, commercial contracts, and potential civil litigation.

At Gorrissen Federspiel we excel by providing integrated, cross-practice advice, and we deliver superior value by addressing the full spectrum of issues confronting our clients. This holistic approach enables us as a trusted counsel to develop strategies that serve broader business objectives whilst also managing the specific white collar crime case.

The right team makes the critical difference. Our team is comprised of lawyers with experience from courts, prosecution services, and government administration bringing invaluable inside perspectives. Former prosecutors understand the decisions taken by the prosecution service and negotiation dynamics from the government’s viewpoint. Former regulators know agency priorities and enforcement decision-making processes. This collective experience enables us to deliver the most effective advocacy and accurate predictions of case outcomes, allowing our clients to make informed strategic decisions in critical times.

In terms of our tool kit, appropriate case management tools, particularly sophisticated document management software, are no longer optional but essential. Modern white-collar crime cases involve huge quantities of electronic evidence that cannot be managed effectively using traditional methods. Investment in technology enables our team to organise large document collections, search efficiently across multiple data sources, track review progress, and collaborate seamlessly. This is not merely about efficiency; cases can be won or lost based on the ability to find critical documents among millions or identify patterns that reveal the true narrative.

Ultimately, we believe that client satisfaction stems from a counsel who can combine deep legal expertise with sound business understanding, technological superiority, practical experience, and a genuine interest in the people that ultimately form the company, delivering not merely legal victories but protection of the client’s business, reputation, and future viability.

5. What technological advancements are reshaping White Collar Crime Law and how can clients benefit from them?

Document management software, particularly AI-powered tools, represents the most significant technological advancement reshaping white-collar crime practice.

AI offers powerful capabilities that dramatically enhance efficiency and enable comprehensive analysis of document volumes that would otherwise be unmanageable within reasonable timeframes and budgets.

However, AI should and cannot replace manual document review entirely. It serves as a valuable supplementary tool. Human judgment remains essential for contextual understanding, legal and strategic assessments of how documents fit the case narrative, and quality control to identify potential errors by the AI tool. Documents that appear harmless in isolation may prove highly significant when understood in proper context, requiring human expertise that algorithms cannot replicate.

The optimal approach combines AI efficiency with human expertise, enabling faster, more cost-effective, and more comprehensive case preparation whilst maintaining the strategic judgment at a human level that is essential for an effective and a proactive defence.