SEAL LEGAL FORENSICS



Compliance in the digital era

      Independent experts in corporate investigation for the development, monitoring and auditing of regulatory compliance programs

Antitrust  |   Data protection |   Fraud |   Corruption |   Money laundering

INVESTIGATION

Corporate Investigations

Strategic advice and support in the development of corporate research through the analysis of massive data.

COMPLIANCE

Monitoring / Auditing


COMPLIANCE We design, review and improve your compliance program.

MONITORING We evaluate the effectiveness of your compliance program as independent third parties.

AUDIT. We check and validate that your program is real and effective according to current standards..

DATA ANALYSIS

Data Analysis


METHOD. We extract, select and analyze the data for each case. This allows us to order and understand them from a legal perspective using at the same time high safety standards.

TECHNOLOGY ASSISTED REVIEW ("TAR"). We use Artificial Intelligence tools to achieve a more effective and expedited review of documents.

PROTOCOLS We have strict security standards, data privacy and information management protocols.

Benefits of a digital analysis

Information that has been transmitted from paper to multiple electronic devices can often contain illegible formatting or encryption.

Digital forensic analysis allows us to identify and interpret data in a digital format by distributing and selecting information in a short time using specialized software. The analysis is divided into different stages: identification of relevant devices, collection and preservation of the data, data review, data analysis and presentation of findings.

This analysis is efficient and provides certainty for the management of data in litigations, arbitrations, investigations, information delivery and, in general, situations in which a large number of documents must be reviewed, analyzed or organized in a short time.

At SEAL we work with the Discover® software of  NUIX®. This software provides access to information through sophisticated text recognition tools, as well as metadata illustrating their modifications, authorship, modification dates and all necessary background to achieve a successful analysis.

WHY

Criminal Liability for Corporate Entities

"Ley Nº20.393 Artículo 6 número 2: "Se entenderá especialmente que la persona jurídica colabora sustancialmente cuando, en cualquier estado de la investigación o del procedimiento judicial, sus representantes legales hayan puesto, antes de conocer que el procedimiento judicial se dirige contra ella, el hecho punible en conocimiento de las autoridades o aportado antecedentes para establecer los hechos investigados."

Judgment 139/2014, TDLC. Chicken Case

"... obligation to establish, implement and execute permanently, at their expense and for at least five years from the date on which the judgment is enforced, a compliance program and good competitive practices administered by independent and third parties to the control and management of each of them, of which the National Economic Prosecutor's Office must be formally and in detail informed at least quarterly; ”

Internal Guide for the Fines Requests of the National Economic Prosecutor's Office (2019)

".. have a compliance program in the antitrust area, adopted and implemented prior to the execution of the conduct subject to the requirement, may be considered as an independent circumstance to reduce the base amount of the fine"

Judgment 141/2014, TDLC. Buses Case

"... this Court will reject the request for its dissolution, since the pro-competitive measures to which it committed itself with the Prosecutor's Office - in particular the compliance program and the adaptation of its statutes to the guide on trade associations -, in the judgment of this Court, will help to avoid future anticompetitive behaviors that could occur inside. ”

Judgment 160/2019, TDLC. Tissue Case

"... Carry out at least two audits of antitrust during the period of five years counted since this judgment is executed. The audits must include, at a minimum, a review of: (i) the corporate email boxes and records of calls through corporate telephones of the persons indicated in letter c) above; (ii) the incentives established in the work contracts; (iii) the company's participation in bidding or quotation processes; (iv ) the company's participation in trade associations, and, (v) the company's internal competition policy "

Judgment 148/2015, TDLC. Asphalt Case

"That, finally, in addition to the fines imposed previously and by virtue of the provisions of the first paragraph of article 3 of DL No. 211, this Court shall impose as a preventive measure, the adoption, by all the required companies, including ENEX, of a compliance program in the field of competition that meets the requirements established in the "Guide to Compliance Programs of the Antitrust Regulations" (promotional material No. 3) prepared by the National Economic Prosecutor's Office, June 2012. This program must have a duration of at least five years "

Judgment 165/2018, TDLC. Laboratories Case

"Provide annually a written report to the National Economic Prosecutor's Office that accounts for the execution of the compliance program"

Judgment 167/2019, TDLC. Supermarkets Case

"... in line with the provisions of Judgments No. 145/2015, No. 148/2015, No. 158/2017 and No.
165/2018, will be imposed as a measure, in addition to the fine imposed, to the three required, the obligation to adopt a compliance and ethics program in the field of antitrust that meets at least the requirements established in the "Program Guide of Compliance with the Antitrust Regulations "(promotional material No. 3) prepared by the National Economic Prosecutor's Office, June 2012"

Alejandra Vallejos

INVESTIGATIONS / FOUNDER

Lawyer, University of Chile. Master in International Law, Universities of Heidelberg / Chile and Master in Public Administration, Harvard University. Ash Center for Innovation Fellow, Harvard University. Luksic Fellow. Her experience is in antitrust and corruption, with a focus on the use of technology as a tool for the adoption of good practices in corporate governance. Before that, she worked in the anti cartel unit of the National Economic Prosecutor's Office, FerradaNehme and in the Ministries of Finance and Economy. Certified Fraud Examiner (ACFE).

Loreto Urqueta

COMPLIANCE

Lawyer, University of Chile. Her experience is focused on corporate matters and compliance. Having served as Legal Director and Compliance Officer in multinational companies in Chile, she has been a specialist in the creation, implementation and control of regulatory compliance programs since the beginning of the development of the subject in Chile. Before that she worked at FerradaNehme, Codelco and the Swiss laboratories Roche and Novartis.

Sander van der Voorde

ADVISOR / FOUNDER

Lawyer, University of Groningen, Holland. His experience focuses on matters of antitrust, mergers and acquisitions and research in different industries and jurisdictions. He is an expert in regulatory compliance programs and strategic consultant in these matters. He previously worked at Loeff, Claey, Verbeke (Brussels, Amsterdam), Allen & Overy (Amsterdam, New York, London) and FerradaNehme (Santiago).

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