Practice Leaders

Contact

T : +91 11 4593 9300

M : +91 98739 80000

E : dp.singh@bharucha.in

Office

New Delhi, 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

  • Advising and representing the Central Bureau of Investigation (CBI), the premier investigating agency of India, in the AgustaWestland VVIP chopper scam, a corruption case where it was alleged that bribes were paid to public servants, bureaucrats and politicians, concerning the grant of the contract for the supply of 12 VVIP choppers (helicopters) by AgustaWestland to the Government of India for INR 36 billion (approximate). The Firm also advised the Government of India in successfully extraditing Christian Michel James, the key middleman, from UAE.
  • Advising and representing CBI in the extradition proceedings of Vijay MaIlya of Kingfisher Airlines before the Division Bench of the High Court of Justice, London. The Firm also represented the Directorate of Enforcement under the Prevention of Money Laundering Act, 2002 as well as the Fugitive Economic Offenders Act, 2018 to successfully get Vijay MaIlya declared as the first “fugitive economic offender” in the country.
  • Advising and representing the Central Bureau of Investigation in the IRCTC Scam involving corruption allegations against high-ranking public officials including a central railway minister, a former chief minister of a state, and a leader of opposite in the State Assembly, among others.
  • Advising and representing Unitech Wireless (Tamil Nadu) Private Limited in the 2G spectrum case, CBI v. A. Raja, before the Delhi High Court in appeal after having successfully defended the company in the 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.

Practice Leaders

Contact

T : +91 11 4593 9300

M : +91 98739 80000

E : dp.singh@bharucha.in

Office

New Delhi, India

Contact

T : +91 11 4593 9300

M : +91 98734 98887

E : sonam.gupta@bharucha.in

Office

New Delhi, India