Börsenzeitung: "Rückschlag für interne Aufklärung von Straftaten in Unternehmen" (Setback for internal investigations on criminal acts)

Hans-Joachim Fritz, Partner in our Frankfurt office, was interviewed by Börsenzeitung (German magazine for stock exchange relevant news) dealing with the consequences of a decision of the Hamburg District Court dated October 15, 2010 (HSH Nordbank) for internal investigations. Being an employment law practitioner, he concentrates on the problem that minutes of employees' statements made during an internal investigation are, according to the decision, not protected from being seized by public prosecution and can therefore be used in preliminary investigations and an eventual trial, which will influence the employees' motivation to give any statement at all. Furthermore, Mr. Fritz points out the conflict occuring with the employees' contractual duty to inform the employer about crimes and other breaches of duties inside the company.