1. White collar criminal offence & enforcement

2. Economic offence / Cyber crime & IPR crime

  • Economic Offences relate to financial crimes, frauds, money laundering, illegal money market operations, grafting etc.
  • Cyber crimes are related to technology, computers, and the Internet
  • IPR crime is on Intellectual Property (which are intangible in nature), including copyrights, trademarks, patents, trade secrets and anti–piracy controls.

The following is a brief summary of several possible methods that have been advised to the clients to get relief from white collar crimes effectively.

Cease and Desist Letter - Negotiation for Settlement

For infringers who are not habitual and those who can be easily identified, the threat of criminal and civil liability is an effective and sufficient tactic to stop all infringing activities and subsequently negotiate a settlement. The letter and negotiation approach can prove to be a cost-effective manner of stopping infringement.

A Cease and Desist letter demands that the Infringers immediately stop all production and sale of all the infringing software and deliver or destroy all infringing goods already produced / distributed. It also seeks an undertaking not to infringe in the future and an agreed amount of liquidated damages if breached, and also compensation for past infringement.

Investigations

An investigation by the police, either by themselves or by an order of the Magistrate Court, can determine the scope and level of infringement or provide evidence for filing a complaint or instigating a police raid. Thus the finding of evidence of infringement has direct bearing in the strengthening of the case during trial proceedings. Serious Fraud Investigations is another major makeover done by the Ministry of Company Affairs, New Delhi for curbing white collar crime.

Raids

With evidence in hand, raids can be conducted with the help of police machinery. The Public Prosecutor generally issues “Search” warrants and issues of jurisdiction gets sorted out for commencing further action plans by the police authorities.

Plea Bargaining

In the US & Europe, plea bargaining is a widely prevalent practice which helps to expedite the legal process. In India plea bargaining was introduced in the Criminal Law (Amendment Act), 2005 – to bring changes in Chapter XXIA of the Criminal Procedure Code. For the accused, the real benefit is that by confessing to a crime and bargaining for the prison term, he or she may escape with a lesser punishment that what the court may award after a complete trial.

Indictment and Trial

Following a raid, the Public Prosecutor's Office hold indictment hearings which are basically made up of a series of hearings. The costs to operate an elaborate trial procedure are enormous and it all depends on a case to case basis and we strongly recommend the clients to opt for the plea-bargaining strategy to avoid unnecessary litigation expenses.