Successful criminal defense of a member of a statutory body
ARROWS Law Firm provided criminal defense services to a member of a statutory body in connection with allegations of an economic crime committed in the course of his duties. The key objective was to demonstrate that the conduct in question constituted a business decision made in the company’s best interests, rather than a criminal offense. Thanks to the defense strategy employed, the case was closed without an indictment being filed.
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ARROWS became involved in the case as early as the preliminary investigation phase, when the police were gathering evidence, requesting the company’s internal documents, and seeking explanations regarding specific actions taken by the company’s management. Following further procedural developments, criminal proceedings were initiated against the client, and the defense was conducted from the outset with an emphasis on the fact that the conduct in question did not constitute arbitrary or self-serving handling of company assets, but rather a business decision made based on available information, economic data, and in the company’s best interest.
The primary line of defense chosen was a precise reconstruction of the decision-making process, including the submission of minutes, internal analyses, economic data, and related communications, as this approach best suited the nature of the case and allowed for the distinction between business risk and conduct relevant under criminal law.
ARROWS subsequently represented the client during criminal proceedings, prepared procedural filings, and conducted the defense in a manner that made it clear that there were no elements of intentional or grossly negligent conduct and that the matter should be assessed primarily through the lens of business judgment, not criminal law. During the investigation, we succeeded in refuting the key conclusions upon which the criminal prosecution was based and demonstrated that the client acted within the proper exercise of his duties. As a result, the criminal justice authorities discontinued further criminal prosecution, and the case was closed without an indictment being filed. The client thus averted not only criminal consequences but also significant reputational and professional repercussions that the continuation of the proceedings could have caused.