Practice Leaders

Contact

T : +91 22 2289 9300

M : +91 81081 00914

E : justin.bharucha@bharucha.in

Office

Mumbai, India

Contact

T : +91 11 4593 9300

M : +91 98734 98887

E : sonam.gupta@bharucha.in

Office

New Delhi, India

Governance, Ethics, & Anti-Corruption

We are one of the few firms in India with a stand-alone Governance, Ethics, and Anti-Corruption Practice which addresses defence and prosecution. We are recognised for our capacity to work together across our Transactions and Disputes Practice Groups to deliver seamless advice and representation to mandates concerning white collar crime.

Our expertise is recognised, and our advice is sought by clients ranging from market participants, to investigating agencies to other practitioners.

The Firm is known for its ability to quickly and comprehensively review facts, including by assisting with reviews and forensic exercises internal to our clients, and to develop innovative and successful strategies to effectively defend and protect our clients. The fact that we appear in-person adds to our capacity to efficiently execute the strategies which we develop.

Our engagement often commences at the investigation stage before a charge is framed. We help clients to provide relevant information to the investigating agencies with the, often successful, profilective intent to preclude adverse action against our clients. Where prosecution nonetheless commences, the work done at these early stages ensures that our client has a robust and holistic defence in place from the investigation stage.

Of course, we are also engaged after prosecution has commenced and, in some cases, only when an appeal against conviction is preferred.

We are increasingly mandated to help clients implement robust governance and compliance solutions which help them monitor and prevent inadvertent lapses and ring-fencing liability which may inadvertently arise. These mandates extend to compliance advisory, advisory on complex investigations, and for conducting internal investigations. Where required, our lawyers work closely with forensic experts and counsel qualified in other jurisdictions.

In all cases we appear before fora, including trial courts, across India. Our practice model of holistic lawyering ensures that lawyers across practice areas and sector support groups work together seamlessly to provide solutions tailor-made for each client ensuring best-in-class compliance models which do not compromise on the efficiency of client operations.

Indicative Experience

  • Represented and successfully defended Unitech Wireless (Tamil Nadu) Private Limited in the 2G spectrum case, CBI v. A. Raja, in a trial. The litigation relates to the issuance of ‘telecommunications unified access licenses’ by the Government of India, allegedly resulting in loss of revenues to the national exchequer ranging from INR 300 billion to INR 17,600 billion.
  • Advising and representing a high net worth individual in (i) prosecutions arising out of the coal block allocation scam initiated by the Central Bureau of Investigation and subsequent appellate proceedings, and (ii) the Directorate of Enforcement proceedings initiated under the Prevention of Money Laundering Act, 2002.
  • Advising and representing an Indian Company and its promoters in the prosecution initiated by the Directorate of Enforcement under the Prevention of Money Laundering Act, 2002 regarding allocation of a coal block under the government route.
  • Advising and representing an international cement company in a criminal complaint against Indian and foreign nationals for economic offences committed across jurisdictions, including India, invoking the extra-territorial jurisdiction provisions of the Indian Penal Code.
  • Advising and representing a liquor manufacturer in the investigations launched by the Central Bureau of Investigation, and the Directorate of Enforcement as regards the irregularities in the framing and implementing of the Excise Policy of NCT of Delhi for the period of 2021-22. The allegations pertain to corruption, kickbacks, and misdeclaration to the Excise Department and money laundering.
  • Advising and representing HNIs in investigations launched by the state police and the Directorate of Enforcement as regards the illegal mining and transportation of stone in the state of Jharkhand.
  • Advising and representing a leading auditing firm in a prosecution initiated by the Central Bureau of Investigation against the erstwhile promoters of DHFL in respect of diversion of funds obtained by DHFL from banks.
  • Advising and representing the BBC Group in proceedings initiated by the Tax Authorities.
  • Advising and representing Gautam Thapar, Avantha Holdings limited, and other promoter entities before various fora including the Securities and Exchange Board of India, Securities Appellate Tribunal, and National Company Law Tribunal with respect to claims made by CG Power and Industrial Solutions limited.
  • Advising and representing private equity funds in investigations and prosecutions launched by the police and Directorate of Enforcement as well as in connected proceedings before various tribunals, High Courts, and the Supreme Court of India under the Foreign Exchange Management Act, 2002 and Prevention of Money Laundering Act, 2002.
Practice Leaders

Contact

T : +91 22 2289 9300

M : +91 81081 00914

E : justin.bharucha@bharucha.in

Office

Mumbai, India

Contact

T : +91 11 4593 9300

M : +91 98734 98887

E : sonam.gupta@bharucha.in

Office

New Delhi, India