|
Our law firm is particularly known for the
Turkish law assistance it provides in connection with white collar
irregularity projects, undertaken on Turkish subsidiaries of
multinational companies on behalf of the international affiliate
companies of such Turkish subsidiary. For that reason we hold a
significant legal capability in all the fields of law required for
such projects, including but not limited to employment law (notices,
obtaining defenses of employees, terminations for cause, settlement
negotiations, etc.), data privacy law (review of records, review of
e-mail messages, correspondences, phone records, etc.), and
corporate law (affiliate intervening through general assembly, Board
of Directors member removals, fiduciary duties of a Board Member to
the shareholder company, confidentiality obligations, etc.). As for
criminal law aspects of such projects, ELIG works on the criminal
law dimensions together with an outside law firm -specialized in
Turkish criminal law- with which it has a long standing track-record
for coordinating white collar crime issues.
ELIG has a high reputation for handling
these types of self due-diligence projects because it has handled,
as requested by the in-house legal counsel and/or compliance
managers of multinational companies, quite a high number of such
projects. Although, due to confidentiality constraints, ELIG is
naturally not free to match any names of clients with a white collar
irregularity representation undertaken, set forth below are
descriptions of the projects undertaken so far by ELIG:
(1)
Company suspected FCPA violations (through payments to public
officials). ELIG work on company records and correspondences proved
suspicion, and proved the nature of payments to be bribery under
Turkish law, and in any case exceeding what would constitute
facilitating payments for FCPA purposes.
(2) Company had already
found out about embezzlement. Self-dealing and unauthorized
revisions in company books and records. Documents proving
embezzlement were alleged to be stolen by the subsidiary. ELIG
coordinated all legal aspects and Turkish law consequences of the
matter.
(3) Company suspected
code of conduct and company policy violations, including antitrust
violations and bid rigging in public tenders. ELIG interview of
employees, signed affidavits and corraborating indicia in company
records proved violations. Furthermore, ELIG findings revealed acts
constituting smuggling of products into country under Turkish
customs law. ELIG coordinated all legal aspects and Turkish law
consequences of the matter.
(4) Company suspected
subsidiary employees competing with the company with commercial
sales of gratuitous allocation of products, as part of a fringe
benefit to all employees in the country. ELIG work on the matter
proved the suspicion. ELIG coordinated all legal aspects and Turkish
law consequences of the matter.
(5)
Company suspected inappropriate payments to certain heads and high
ranking officials of municipalities through a reported gap in the
profits. Financial evidence found by auditors and legal evidence
found by ELIG led to managers of the company admitting the
wrongdoing. ELIG also provided legal assistance in the consequent
process where the international company pulled out of the
partnership.
(6) Company found out
about numerous significant payments for services and products that
are not integral to the business of the company over the course of
five years. Outside detective company hired by client and their
investigation revealed that the companies providing these services
and products are tied to family members and friends of managers. All
such managers and two BoD members terminated for cause through ELIG
assistance. Through ELIG assistance, the company also intervened
through General Assembly due to the need for the shareholder to
compel the subsidiary to grant permission for a full blown search of
company records by ELIG. ELIG full blown investigation revealed
significant gifts to public officials.
(7) Company audit
revealed payments to members of committees deciding on the legal
categorization of the real estate owned by the joint venture of the
company in Turkey. The wrongdoing was admitted through the joint
venture partner's proposal to pay the amount to the company. The
company hired ELIG to conduct a due diligence on the joint venture.
Corporate law assistance also provided due to the need to obtain
proper permission from the joint venture company under Turkish law.
All e-mails reviewed by ELIG attorneys through servers. Affidavits
prepared through interviews with employees. ELIG coordinated all
legal aspects and Turkish law consequences of the matter. |
